SUPPLEMENTARY INFORMATION:

I. General Discussion

On July 1, 2025, PHMSA published a direct final rule (DFR) extending the deadlines from March 15 to June 15 in 49 CFR 191.11 and 191.17 for operators to submit to PHMSA annual report data for gas distribution pipelines, gas transmission pipelines, regulated gas gathering pipelines, Type R gas gathering pipelines, underground natural gas storage (UNGS) facilities, and liquefied natural gas (LNG) facilities (90 FR 28047 (July 1, 2025)). PHMSA explained in the DFR that the new deadline would be consistent with the deadline for submitting annual reports for hazardous liquid and carbon dioxide facilities in 49 CFR 195.49 (90 FR 28047 (July 1, 2025)).

PHMSA received three comments from the public in response to the DFR. The Interstate Natural Gas Association of America (INGAA) and Air Liquide Large Industries US, L.P. (ALLIUS) supported the DFR but recommended that PHMSA also extend the deadline for operators to submit geospatial information (GIS) to the National Pipeline Mapping System (NPMS).^[1 2] The Environmental Defense Fund (EDF) described at length the benefits of Federal pipeline safety information and commented that delay of operators providing annual report information undermines those benefits.^[3] EDF further commented that overtime expenses caused by the annual report deadline can be mitigated with contractor support and do not necessarily indicate that the report deadline is unduly burdensome.

Citing the receipt of adverse comments, on October 2, 2025, PHMSA withdrew the DFR in accordance with the requirements in 49 CFR 190.339 (90 FR 47620). PHMSA is reproposing the amendments in the DFR in this NPRM with certain revisions for the reasons explained below.

PHMSA continues to support extending the annual reporting deadlines from March 15 to June 15 in §§ 191.11 and 191.17 for gas distribution pipelines, gas transmission pipelines, ( printed page 22088) regulated gas gathering pipelines, Type R gas gathering pipelines, UNGS facilities, and LNG facilities. That extension would align with the annual reporting deadline in § 195.49 for hazardous liquid and carbon dioxide pipelines that has been in effect more than a decade. PHMSA does not agree with EDF's comment that creating a uniform annual reporting deadline would undermine safety. Though useful to PHMSA and to other stakeholders, annual reports do not contain urgent or time-sensitive safety information; they contain summary information that is generally used to provide an understanding of overall trends in the Nation's pipeline transportation network. PHMSA's experience with the June 15 reporting deadline for hazardous liquid and carbon dioxide pipelines demonstrates that there is no compelling safety reason to receive such information for gas pipeline facilities by March 15. To the extent that there is any benefit from PHMSA receiving annual report data a few months earlier, PHMSA does not agree that it justifies the costs of complying with the March 15 deadline.

As recommended in the comments submitted by INGAA and ALLIUS, PHMSA also proposes to extend the NPMS information submission deadline from March 15 to June 15 in § 191.29(b) for gas transmission and LNG facility operators. In addition to generating the same cost savings from extending the reporting deadline described above, PHMSA and operators both compare annual report and NPMS submissions as a quality control step. Submitting both together will likely improve the quality of both submissions compared with the separate deadlines under the DFR. PHMSA notes this change is also consistent with the existing June 15 deadline for submitting NPMS data for hazardous liquid pipelines in § 195.61(b).

Commenting Instructions: Please include the docket number PHMSA-2025-0108 at the beginning of your comments. If you submit your comments by mail, submit two copies. If you wish to receive confirmation that PHMSA received your comments, include a self-addressed stamped postcard. Internet users may submit comments at https://www.regulations.gov.

Note:

Comments are posted without changes or edits to https://www.regulations.gov, including any personal information provided. There is a privacy statement published on https://www.regulations.gov.

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

Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from public disclosure. It is important that you clearly designate the comments submitted as CBI if: your comments responsive to this document contain commercial or financial information that is customarily treated as private; you actually treat such information as private; and your comment is relevant or responsive to this notice. Pursuant to 49 CFR 190.343, you may ask PHMSA to provide confidential treatment to information you give to the agency by taking the following steps: (1) mark each page of the original document submission containing CBI as “Confidential;” (2) send PHMSA, along with the original document, a second copy of the original document with the CBI deleted; and (3) explain why the information that you are submitting is CBI. Submissions containing CBI should be sent to Sayler Palabrica, Office of Pipeline Safety Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, or by email at sayler.palabrica@dot.gov. Any materials PHMSA receives that is not specifically designated as CBI will be placed in the public docket.

Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. Follow the online instructions for accessing the docket. Alternatively, you may review the documents in person at the street address listed above.

II. Regulatory Analysis and Notices:

A. Legal Authority

This proposed rule is published under the authority of the Secretary of Transportation set forth in the Federal Pipeline Safety Laws (49 U.S.C. 60101 et seq.) and delegated to the PHMSA Administrator pursuant to 49 CFR 1.97.

B. Statutory Requirement and Executive Order 12866

The Pipeline Safety Laws (49 U.S.C. 60102(b)) require that PHMSA prepare a risk assessment that identifies the costs and benefits associated with a proposed regulatory change. E.O. 12866, Regulatory Planning and Review, as implemented by DOT Order 2100.6B (“Policies and Procedures for Rulemaking”) and DOT Order 2100.7 (“Ensuring Reliance upon Sound Economic Analysis in Department of Transportation Policies, Programs, and Activities”), requires agencies to regulate in the “most cost-effective manner,” to make a “reasoned determination that the benefits of the intended regulation justify its costs,” and to develop regulations that “impose the least burden on society.” In arriving at those conclusions, E.O. 12866 requires that agencies should consider “both quantifiable measures . . . and qualitative measures of costs and benefits that are difficult to quantify” and “maximize net benefits . . . unless a statute requires another regulatory approach.” E.O. 12866 also requires that “agencies should assess all costs and benefits of available regulatory alternatives, including the alternative of not regulating.” DOT Order 2100.6B directs that PHMSA and other Operating Administrations must generally choose the “least costly regulatory alternative that achieves the relevant objectives” unless required by law or compelling safety need. DOT Order 2100.6B also specifies that regulations should generally “not be issued unless their benefits are expected to exceed their costs” except where required by law or compelling safety need. DOT Order 2100.7 requires that “all rulemaking activities shall be based on sound economic principles and analysis supported by rigorous cost-benefit requirement.”

E.O. 12866 and DOT Order 2100.6B also require that PHMSA submit “significant regulatory actions” to the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President's Office of Management and Budget (OMB) for review. This final rule is a not significant regulatory action pursuant to E.O. 12866; OMB also has not designated this rule as a “major rule” as defined by the Congressional Review Act (5 U.S.C. 801 et seq.).

PHMSA has complied with the procedural and analytical requirements in E.O. 12866 as implemented by DOT Order 2100.6B and DOT Order 2100.7, as well as the requirements in 49 U.S.C. 60102(b) and preliminarily determined ( printed page 22089) that this proposed rule will result in cost savings by reducing the need for operators of gas distribution, gas transmission, gas gathering, underground natural gas storage facilities, and liquified natural gas plants to rely on contractors or overtime to meet the current annual report submission deadline. As detailed in the accompanying Preliminary Regulatory Impact Analysis, the proposed 3-month filing extension will result in cost savings of approximately $1 million per year. PHMSA expects these cost savings may also result in reduced costs for the public to whom pipeline operators generally transfer a portion of their compliance costs. PHMSA has also preliminarily determined that the proposed rule will not have any adverse safety effects since annual reports about pipeline infrastructure are not urgently needed, unlike incident and accident data, to assess immediate safety risks.

C. Executive Orders 14192 and 14219

This proposed rule, if finalized as proposed, is expected to be a deregulatory action pursuant to E.O. 14192, Unleashing Prosperity Through Deregulation. PHMSA estimates that the total costs of the NPRM on the regulated community will be less than zero. Nor does this rulemaking implicate any of the factors identified in section 2(a) of E.O. 14219, Ensuring Lawful Governance and Implementing the President's “Department of Government Efficiency” Deregulatory Initiative, indicative that a regulation is “unlawful . . . [or] that undermine[s] the national interest.”

D. Energy-Related Executive Orders 13211, 14154, and 14156

The President has declared in E.O. 14156, Declaring a National Energy Emergency, a National emergency to address America's inadequate energy development production, transportation, refining, and generation capacity. Similarly, E.O. 14154, Unleashing American Energy, asserts a Federal policy to unleash American energy by ensuing access to abundant supplies of reliable, affordable energy from (inter alia) the removal of “undue burden[s]” on the identification, development, or use of domestic energy resources such as PHMSA-jurisdictional gases and hazardous liquids. PHMSA preliminarily finds this proposed rule is consistent with each of E.O. 14156 and E.O. 14154. The proposed rule will give affected pipeline operators more time to submit annual reports for gas pipeline and storage facilities subject to part 191, resulting in lower costs to operators.

However, this proposed rule is not a “significant energy action” under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, which requires Federal agencies to prepare a Statement of Energy Effects for any “significant energy action.” Because this proposed rule is not a significant action under E.O. 12866, it will not have a significant adverse effect on supply, distribution, or energy use.

E. Executive Order 13132: Federalism

PHMSA analyzed this proposed rule in accordance with the principles and criteria contained in E.O. 13132, Federalism, and the Presidential Memorandum (“Preemption”) published in the Federal Register on May 22, 2009. E.O. 13132 requires agencies to assure meaningful and timely input by State and local officials in the development of regulatory policies that may have “substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government.”

Though the proposed rule may (when finalized) operate to preempt some State requirements, it would not impose any regulation that has substantial direct effects on the States, the relationship between the National Government and the States, or the distribution of power and responsibilities among the various levels of government. Section 60104(c) of the Federal Pipeline Safety Laws prohibits certain State safety regulation of interstate pipelines. Under the Federal Pipeline Safety Laws, States that have submitted a current certification under section 60105(a) can augment Federal pipeline safety requirements for intrastate pipelines regulated by PHMSA but may not approve safety requirements less stringent than those required by Federal law. A State may also regulate an intrastate pipeline facility that PHMSA does not regulate. The preemptive effect of the regulatory amendments in this proposed rule is limited to the minimum level necessary to achieve the objectives of the Federal Pipeline Safety Laws. Therefore, the consultation and funding requirements of E.O. 13132 do not apply.

F. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA, 5 U.S.C. 601 et seq.) requires Federal agencies to conduct an Initial Regulatory Flexibility Analysis (IRFA) for a proposed rule subject to notice-and-comment rulemaking unless the agency head certifies that the rulemaking will not have a significant economic impact on a substantial number of small entities. E.O. 13272, Proper Consideration of Small Entities in Agency Rulemaking, obliges agencies to establish procedures promoting compliance with the RFA. DOT posts its implementing guidance on a dedicated web page.^[4] PHMSA developed this proposed rule in accordance with E.O. 13272 and DOT implementing guidance to ensure compliance with the RFA. The proposed rule is expected to reduce regulatory burdens by extending the deadline for operators to file annual reports. Further, the changes proposed here are not expected to impose additional burdens on any operator. Therefore, PHMSA certifies the proposed rule (if finalized) will not have a significant impact on a substantial number of small entities.

G. Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act (UMRA, 2 U.S.C. §1501 et seq.) requires agencies to assess the effects of Federal regulatory actions on State, local, and Tribal governments, and the private sector. For any proposed or final rule that includes a Federal mandate that may result in the expenditure by State, local, and Tribal governments, in the aggregate of $100 million or more in 1996 dollars ($203 million in 2024 dollars) in any given year, the agency must prepare, amongst other things, a written statement that qualitatively and quantitatively assesses the costs and benefits of the Federal mandate.

This proposed rule does not impose unfunded mandates under UMRA. PHMSA does not expect the proposed rule will result in costs of $100 million or more (in 1996 dollars) per year for either State, local, or Tribal governments, or to the private sector.

H. National Environmental Policy Act

The National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et seq.) requires that Federal agencies assess and consider the impact of major Federal actions on the human and natural environment.

PHMSA analyzed this proposed rule in accordance with NEPA and issues this draft Finding of No Significant Impact (FONSI) because it has preliminarily determined that the rulemaking will not adversely affect safety and therefore will not significantly affect the quality of the human and natural environment. The ( printed page 22090) public is invited to comment on the impact of the proposed action.

I. Executive Order 13175

PHMSA analyzed this proposed rule according to the principles and criteria in E.O. 13175, Consultation and Coordination with Indian Tribal Governments, and DOT Order 5301.1A (“Department of Transportation Tribal Consultation Policies and Procedures”). E.O. 13175 requires agencies to assure meaningful and timely input from 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 or distribution of power between the Federal Government and Tribes.

PHMSA assessed the impact of the proposed rule and determined that it will not significantly or uniquely affect Tribal communities or Indian Tribal governments. The rulemaking's regulatory amendments have a broad, national scope; therefore, this proposed rule will not significantly or uniquely affect Tribal communities, much less impose substantial compliance costs on Native American Tribal governments or mandate Tribal action. For these reasons, PHMSA has concluded that the funding and consultation requirements of E.O. 13175 and DOT Order 5301.1A do not apply.

J. Paperwork Reduction Act

The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and its implementing regulations at 5 CFR 1320.8(d) requires that PHMSA provide interested members of the public and affected agencies with an opportunity to comment on information collection and recordkeeping requests. Sections 191.11 and 191.17 require operators of gas distribution pipelines, gas transmission pipelines, regulated gas gathering pipelines, Type R gas gathering pipelines, UNGS facilities, and LNG facilities to submit an annual report to PHMSA by March 15 for the preceding calendar year. PHMSA proposes to extend the annual report submission deadlines from March 15 to June 15 each calendar year in §§ 191.11 and 191.17.

Though PHMSA does not expect an increase in the burden on operators to comply, this adjustment will require a revision to the instructions for the following forms:

PHMSA F 7100.1-1 Gas Distribution Annual Report;

PHMSA F 7100.2-1 Annual Report for Gas Transmission and Gas Gathering Pipeline Operators;

PHMSA F 7100.2-3 Annual Report for TYPE R (Reporting-Regulated) GAS GATHERING PIPELINE SYSTEMS;

PHMSA F7 100.3-1 Annual Report for Liquefied Natural Gas Facilities;

PHMSA F 7100.4-1 Underground Natural Gas Storage Facility Annual Report.

PHMSA will submit the following information collection requests to OMB for approval based on the adjustments in this proposed rule. These information collections are contained in part 191. The following information is provided for each information collection: (1) Title of the information collection; (2) OMB control number; (3) Current expiration date; (4) Type of request; (5) Abstract of the information collection activity; (6) Description of affected public; (7) Estimate of total annual reporting and recordkeeping burden; and (8) Frequency of collection. The information collections will be revised as follows:

1. Title: Annual and Incident Reports for Gas Pipeline Operators.

OMB Control Number: 2137-0522.

Current Expiration Date: 8/31/2026.

Type of Request: Revision.

Abstract: This mandatory information collection covers the collection of data from operators of natural gas pipelines, underground natural gas storage facilities, and liquefied natural gas (LNG) facilities for annual reports. Section 191.17 requires operators of underground natural gas storage facilities, gas transmission systems, and gas gathering systems to submit an annual report by June 15 for the preceding calendar year.

Affected Public: Operators of natural, and other, gas transmission pipelines, gas gathering pipelines, underground natural gas storage facilities, and liquefied natural gas facilities.

Annual Reporting and Recordkeeping Burden:

Estimated Number of Responses: 2,445.

Estimated Annual Burden Hours: 104,596.

Frequency of Collection: Annually.

2. Title: Annual Report for Gas Distribution Pipeline Operators.

OMB Control Number: 2137-0629.

Current Expiration Date: 06/30/2026.

Type of Request: Revision.

Abstract: This information collection request requires operators of gas distribution pipeline systems to submit annual report data to the Office of Pipeline Safety in accordance with the regulations stipulated in part 191 by way of form PHMSA F 7100.1-1. The form is to be submitted once for each calendar year, by June 15, for the preceding calendar year. The annual report form collects data about the pipe material, size, and age. The form also collects data on leaks from these systems as well as excavation damages. PHMSA uses the information to track the extent of gas distribution systems and normalize incident and leak rates.

Affected Public: Operators of gas distribution pipeline systems.

Annual Reporting and Recordkeeping Burden:

Estimated Number of Responses: 1,446.

Estimated Annual Burden Hours: 28,920.

Frequency of Collection: Annually.

Requests for copies of this information collection should be directed to Angela Hill at angela.hill@dot.gov. Comments are invited on:

(a) The need for the proposed collection of information for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b) The accuracy of the agency's estimate of the burden of the revised collection of information, including the validity of the methodology and assumptions used;

(c) Ways to enhance the quality, utility, and clarity of the information to be collected; and

(d) Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques.

Send comments directly to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attn: Desk Officer for the Department of Transportation, 725 17th Street NW, Washington, DC 20503. Comments should be submitted on or prior to June 23, 2026.

K. Executive Order 13609 and International Trade Analysis

E.O. 13609, Promoting International Regulatory Cooperation, requires agencies to 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 ( printed page 22091) the absence of such cooperation. International regulatory cooperation can also reduce, eliminate, or prevent unnecessary differences in regulatory requirements.

Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. For purposes of these requirements, Federal agencies may participate in the establishment of international standards, so long as the standards have a legitimate domestic objective, such as providing for safety, and do not operate to exclude imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards.

PHMSA engages with international standards setting bodies to protect the safety of the American public. PHMSA has assessed the effects of the proposed rule and has determined that its proposed regulatory amendments will not cause unnecessary obstacles to foreign trade.

L. Cybersecurity and Executive Order 14028

E.O. 14028, Improving the Nation's Cybersecurity, directs the Federal Government to improve its efforts to identify, deter, and respond to “persistent and increasingly sophisticated malicious cyber campaigns.” PHMSA has considered the effects of the proposed rule and has determined that its proposed regulatory amendments would not materially affect the cybersecurity risk profile for pipeline facilities.

In consideration of the foregoing, PHMSA proposes to amend 49 CFR part 191 as follows:

1. The authority citation for part 191 continues to read as follows:

Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5121, 60101 et seq., and 49 CFR 1.97.

2. In § 191.11, remove the word “March” and add in its place the word “June”.

3. In § 191.17(a)(1), (a)(2), (b), and (c) remove the phrase “March 15” and add in its place the phrase “June 15”.

4. In § 191.29(b), remove the phrase “March 15” and add in its place the phrase “June 15”.

91 FR 22087