[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Rules and Regulations]
[Pages 53880-53882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14115]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 192

[Docket No. PHMSA-2016-0002; Amdt. No. 192-137]
RIN 2137-AF13


Pipeline Safety: Periodic Updates of Regulatory References to 
Technical Standards and Miscellaneous Amendments; Technical Correction

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Final rule; correction.

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SUMMARY: PHMSA is issuing a technical correction to regulations 
promulgated in its April 29, 2024, final rule titled ``Periodic Updates 
of Regulatory References to Technical Standards and Miscellaneous 
Amendments.'' The correction addresses text that was inadvertently 
deleted or omitted by the final rule.

DATES: This correction is effective June 28, 2024.

FOR FURTHER INFORMATION CONTACT: 
    Technical Information: Rod Seeley by phone at 281-513-1741 or by 
email at [email protected].
    Regulatory Information: Brianna Wilson by phone at 771-215-0969 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Need for Technical Correction

    On April 29, 2024, PHMSA published a final rule titled ``Pipeline 
Safety: Periodic Updates of Regulatory References to Technical 
Standards and Miscellaneous Amendments,'' \1\ which incorporates by 
reference all or parts of more than 20 new or updated voluntary, 
consensus industry technical standards. The amendments in the final 
rule allow pipeline operators to use current technologies, improved 
materials, and updated industry and management practices. Additionally, 
the final rule clarified certain regulatory provisions and made several 
editorial corrections. This notice identifies a technical correction at 
49 CFR 192.121(c)(2)(iv), as set forth below. The final rule 
inadvertently deleted or omitted text found at Table 1 under Sec.  
192.121(c)(2)(iv). The publication of this correction is needed to 
ensure that the final rule reads as intended.
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    \1\ 89 FR 33264 (Apr. 29, 2024).
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II. Regulatory Analyses and Notices

A. Statutory/Legal Authority

    Statutory authority for this notice's correction to the final rule, 
as with the final rule itself, whose discussion of statutory authority 
at Section VI., 89 FR 33264, is adopted herein by reference, is 
provided by the Federal Pipeline Safety Act (49 U.S.C. 60101 et seq.). 
The Secretary delegated his authority under the Federal Pipeline Safety 
Act to the PHMSA Administrator under 49 CFR 1.97.
    PHMSA finds it has good cause to make this correction without 
notice and comment pursuant to section 553(b) of the Administrative 
Procedure Act (APA, 5 U.S.C. 551 et seq.). Section 553(b)(B) of the APA 
provides that, when an agency for good cause finds that notice and 
public procedure are impracticable, unnecessary, or contrary to the 
public interest, the agency may issue a rule without providing notice 
and an opportunity for public comment. As explained above, the textual 
alterations herein consist of an editorial and technical correction, 
including revision to or codification of regulatory language 
inadvertently deleted or omitted by the final rule, consistent with 
statements in the administrative record. The technical

[[Page 53881]]

correction makes no substantive changes to the final rule but merely 
facilitate its implementation by aligning the regulatory text with the 
explanatory material in the final rule's preamble, amendatory text, and 
administrative record. Because the final rule is the product of an 
extensive administrative record with numerous opportunities for public 
comment, including through written comments and the Pipeline Advisory 
Committees, PHMSA finds that additional comment on the correction 
herein is unnecessary.
    The immediate effective date of the correction contained in this 
document is authorized under 5 U.S.C. 553(d)(3) of the APA. Section 
553(d)(3) provides that a rule should take effect ``not less than 30 
days'' after publication in the Federal Register, except for when good 
cause is found by the agency and published within the rule, thus 
allowing for earlier effectiveness. 5 U.S.C. 553(d)(3). ``[T]he purpose 
of the thirty-day waiting period is to give affected parties a 
reasonable time to adjust their behavior before the final rule takes 
effect.'' Omnipoint Corp. v. F.C.C., 78 F.3d 620, 630 (D.C. Cir. 1996). 
PHMSA finds that good cause under section 553(d)(3) of the APA supports 
making the revisions effective upon publication in the Federal Register 
because the editorial and technical correction at Sec.  192.121 
(c)(2)(iv) is consistent with the preamble of the final rule and 
Advisory Committee discussions on the subject.

B. Executive Order 12866 and 14094, and DOT Regulatory Policies and 
Procedures

    This correction has been evaluated in accordance with existing 
policies and procedures and is considered not significant under each of 
Executive Orders 12866 (``Regulatory Planning and Review'') \2\ and 
14094 (``Modernizing Regulatory Review''),\3\ and DOT Order 2100.6A 
(``Rulemaking and Guidance Procedures''); therefore, this notice has 
not been reviewed by the Office of Management and Budget (OMB). PHMSA 
finds that the editorial and technical correction herein, in all 
respects consistent with the final rule, imposes no incremental 
compliance costs nor adversely affects safety, as it merely corrects a 
non-substantive typographical error made during the drafting of the 
final rule and restores the intent of the final rule as discussed in 
its preamble and supporting documentation.
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    \2\ 58 FR 51735, (Oct. 4, 1993).
    \3\ 88 FR 21879 (Apr. 11, 2023).
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C. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies 
and Procedures

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
agencies to review regulations to assess their impact on small entities 
unless the agency head certifies that a rulemaking will not have a 
significant economic impact on a substantial number of small entities 
including small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations under 50,000. The 
Regulatory Flexibility Act directs agencies to establish exceptions and 
differing compliance standards for small businesses, where possible to 
do so and still meet the objectives of applicable regulatory statutes. 
Executive Order 13272 (``Proper Consideration of Small Entities in 
Agency Rulemaking'') \4\ requires agencies to establish procedures and 
policies to promote compliance with the Regulatory Flexibility Act and 
to ``thoroughly review draft rules to assess and take appropriate 
account of the potential impact'' of the rules on small businesses, 
governmental jurisdictions, and small organizations. The DOT posts its 
implementing guidance on a dedicated web page.\5\
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    \4\ 67 FR 53461 (Aug. 16, 2002).
    \5\ DOT, ``Rulemaking Requirements Related to Small Entities,'' 
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed June 17, 2021).
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    As explained in the Final Regulatory Flexibility Analysis (FRFA), 
PHMSA found that the final rule would not have a significant impact on 
a substantial number of small entities.\6\ Therefore, PHMSA expects 
that these corrections--like the amendments in the final rule--will not 
have a significant economic impact on a substantial number of small 
entities. Because the technical corrections herein will impose no new 
incremental compliance costs, PHMSA understands the analysis in the 
FRFA remains unchanged.
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    \6\ 89 FR 33264, 33276.
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D. Paperwork Reduction Act

    The correction in this document imposes no new or revised 
information collection requirements beyond those discussed in the final 
rule.

E. Unfunded Mandates Reform Act of 1995

    PHMSA analyzed the correction in this notice under the factors in 
the Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et seq.) 
and determined that the corrections to the final rule herein do not 
impose enforceable duties of $100 million or more, adjusted for 
inflation, in any one year, on State, local, or Tribal governments, or 
on the private sector. PHMSA prepared an analysis of the UMRA 
considerations in the final rule, which is available in the docket for 
the rulemaking. Because the correction herein will impose no new 
incremental compliance costs, the analysis in that UMRA discussion for 
the final rule remains unchanged.

F. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 
et seq.) requires Federal agencies to prepare a detailed statement on 
major Federal actions significantly affecting the quality of the human 
environment. PHMSA analyzed the final rule in accordance with NEPA, 
implementing Council on Environmental Quality regulations (40 CFR parts 
1500-1508), and DOT implementing policies (DOT Order 5610.1C, 
``Procedures for Considering Environmental Impacts'') and determined 
the final rule would not significantly affect the quality of the human 
environment.\7\ The correction to the final rule in this notice has no 
effect on PHMSA's earlier NEPA analysis, as it is consistent with, and 
facilitates compliance with, the final rule.
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    \7\ 89 FR 33264, 33276-78 (Apr. 29, 2024).
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G. Privacy Act Statement

    In accordance with 5 U.S.C. 553(c), the DOT solicits comments from 
the public to inform its rulemaking process. The DOT posts these 
comments, without edit, including any personal information the 
commenter provided, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

H. Executive Order 13132 (Federalism)

    PHMSA has analyzed this correction in accordance with the 
principles and criteria contained in Executive Order 13132 
(``Federalism'').\8\ The correction herein is consistent with, and 
facilitates compliance with, the final rule, and does not have any 
substantial direct effect on the States, the relationship between the 
Federal Government and the States, or the distribution of power and 
responsibilities among the various levels of government beyond what was 
accounted for in the final rule. This notice does not contain any 
provision that imposes any substantial direct compliance costs on State 
or local

[[Page 53882]]

governments, nor any new provision that preempts State law. Therefore, 
the consultation and funding requirements of Executive Order 13132 do 
not apply.
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    \8\ 64 FR 43255 (Aug. 10, 1999).
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I. Executive Order 13211

    Executive Order 13211 (``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'') \9\ 
requires federal agencies to prepare a Statement of Energy Effects for 
any ``significant energy action.'' The correction herein does not 
invoke any issues under Executive Order 13211.
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    \9\ 66 FR 28355 (May 22, 2001).
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J. Executive Order 13175

    This correction was analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments'') \10\ and DOT Order 
5301.1A (``Department of Transportation Tribal Consultation Policies 
and Procedures''). Executive Order 13175 and DOT Order 5301.1A require 
DOT Operating Administrations to assure meaningful and timely input 
from Native American tribal government representatives in the 
development of rules that significantly or uniquely affect tribal 
communities by imposing ``substantial direct compliance costs'' or 
``substantial direct effects'' on such communities, or the relationship 
and distribution of power between the Federal Government and Native 
American tribes. Because the correction herein does not have Tribal 
implications or impose substantial direct compliance costs on Indian 
Tribal governments, the funding and consultation requirements of 
Executive Order 13175 do not apply.
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    \10\ 65 FR 67249 (Nov. 6, 2000).
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K. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609 (``Promoting International Regulatory 
Cooperation''),\11\ agencies must consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. In 
meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
are or would be adopted in the absence of such cooperation. 
International regulatory cooperation can also reduce, eliminate, or 
prevent unnecessary differences in regulatory requirements. The 
correction to the final rule in this notice does not impact 
international trade.
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    \11\ 77 FR 26413 (May 4, 2012).
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L. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note) directs federal agencies to use voluntary consensus 
standards in their regulatory activities unless doing so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., specification of 
materials, test methods, or performance requirements) that are 
developed or adopted by voluntary consensus standard bodies. The final 
rule adopted more than 20 new or updated voluntary, consensus industry 
technical standards. The correction herein does not change the final 
rule's analysis.

M. Cybersecurity and Executive Order 14028

    Executive Order 14028 (``Improving the Nation's Cybersecurity'') 
\12\ directed the federal government to improve its efforts to 
identify, deter, and respond to ``persistent and increasingly 
sophisticated malicious cyber campaigns.'' The correction herein does 
not invoke any cybersecurity issues.
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    \12\ 86 FR 26633 (May 17, 2021).
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N. Severability

    This correction does not present any issues with severability.

O. Regulation Identifier Number (RIN)

    A RIN is assigned to each regulatory action listed in the Unified 
Agenda of Federal Regulations. The Regulatory Information Service 
Center publishes the Unified Agenda in April and October of each year. 
The RIN contained in the heading of this document can be used to cross-
reference this action with the Unified Agenda.

List of Subjects in 49 CFR Part 192

    Incorporation by reference, Pipeline safety, Natural gas.

Correction

    In FR Doc. 2024-08624 that appears on page 33281 of the Federal 
Register on Monday, April 29, 2024, the following correction is made:

0
1. On page 33281, in column 1, in amendatory instruction 8, paragraph 
(c)(2)(iv) is corrected to read as follows:


Sec.  192.121  [Corrected]

* * * * *
    (c) * * *
    (2) * * *
    (iv) The wall thickness for a given outside diameter is not less 
than that listed in Table 1 to this paragraph (c)(2)(iv):

                     Table 1 to Paragraph (c)(2)(iv)
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             PE pipe: minimum wall thickness and SDR values
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                                           Minimum wall    Corresponding
           Pipe size  (inches)               thickness       dimension
                                             (inches)     ratio (values)
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\1/2\'' CTS.............................           0.090               7
\1/2\'' IPS.............................           0.090             9.3
\3/4\'' CTS.............................           0.090             9.7
\3/4\'' IPS.............................           0.095              11
1'' CTS.................................           0.099              11
1'' IPS.................................           0.119              11
1 \1/4\'' CTS...........................           0.121              11
1 \1/4\'' IPS...........................           0.151              11
1 \1/2\'' IPS...........................           0.173              11
2''.....................................           0.216              11
3''.....................................           0.259            13.5
4''.....................................           0.265              17
6''.....................................           0.315              21
8''.....................................           0.411              21
10''....................................           0.512              21
12''....................................           0.607              21
16''....................................           0.762              21
18''....................................           0.857              21
20''....................................           0.952              21
22''....................................           1.048              21
24''....................................           1.143              21
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* * * * *

    Issued in Washington, DC, on June 20, 2024, under authority 
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2024-14115 Filed 6-27-24; 8:45 am]
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