SUPPLEMENTARY INFORMATION:

On April 24, 2026, PHMSA published a DFR titled “Pipeline Safety: Standards Update—NACE SP0206” (91 FR 21993). The DFR amended part 192 to incorporate by reference the 2016 edition of NACE SP0206, Internal Corrosion Direct Assessment Methodology for Pipelines Carrying Normally Dry Natural Gas (DG-ICDA). Reference to the 2016 edition of NACE SP0206 will replace existing references in §§  192.923 and 192.927 to NACE SP0206-2006, Standard Practice, “Internal Corrosion Direct Assessment Methodology for Pipelines Carrying Normally Dry Natural Gas (DG-ICDA),” December 1, 2006.

In commenting on the DFR, the Pipeline Safety Trust (PST) noted that the 2016 edition of NACE SP0206 was not available at the website identified by PHMSA in the Notice, and that the PHMSA standards library email was not explicitly listed in this DFR as in other similar rules.^[1] While expressing its support for adopting the 2016 edition of NACE SP0206, PST stated that it “believe[d] that [its] comment constitute[d] an adverse comment,” and that the DFR should be withdrawn.

PHMSA does not agree that PST's comment satisfies the adversity standard in § 190.339(c). Section 190.339(c) states, in relevant part, that “an adverse comment is one which explains why the rule would be inappropriate, including a challenge to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change.” Section 190.339(c) further states that “[c]omments that are frivolous or insubstantial will not be considered adverse under this procedure.”

PST has not shown that anyone suffered real harm from the incorrect website link published in the DFR Notice.^[2] The DFR provided multiple options for interested parties to obtain access to the 2016 edition of NACE SP0206 consistent with 49 U.S.C. 60102(p). For example, the DFR directed interested parties to the PHMSA Standards Incorporated by Reference web page that details the means for obtaining industry standards proposed for incorporation, including by emailing PHMSA at phmsaphpstandards@dot.gov. PST submitted such an email and received the correct public website link to access the standard free of charge during the comment period. Other members of the public could have used the same approach to obtain access to the 2016 edition of NACE SP0206.^[3] Section 192.7, a regulation referenced in the DFR, also provides PHMSA's contact information for requesting certain industry standards, and PHMSA's standard update library is a generally accessible public email account. The DFR informed interested parties that the materials can be obtained by directly contacting the publisher at the contact information listed in § 192.7.

The DFR outlined numerous ways for interested parties to access the 2016 edition of NACE SP0206, and PST used one of those methods to access the standard during the public comment period. PST has not shown that the incorrect website listed in the DFR Notice caused it (or anyone else) to suffer real harm or that adopting the 2016 edition of NACE SP0206 would be inappropriate. In fact, PST has expressed its support for that action.^[4] PHMSA therefore finds that PST's comment on the DFR is not an adverse comment. See § 190.339.

PHMSA issued the DFR under the procedures set forth at 49 CFR 190.339. In accordance with those procedures, PHMSA stated in the DFR that if no adverse comments were received, the DFR would become effective on January 1, 2027. PHMSA did not receive any comments that warranted withdrawal of the DFR; therefore, this rule will become effective as scheduled.

91 FR 48303