Billing Code: 4910-60-W
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-2013-0255; Amdt. No. 192-136]
RIN 2137-AF06
Pipeline Safety: Requirement of Valve Installation and Minimum Rupture Detection
Standards: Response to Petition for Reconsideration; Additional Technical Corrections.
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of
Transportation (DOT).
ACTION: Correction amendments; response to petition for reconsideration.
SUMMARY: In response to a Petition for Reconsideration of an August 1, 2023, technical
correction rule, PHMSA is issuing additional corrections codifying a decision of the U.S. Court
of Appeals for the District of Columbia Circuit (D.C. Circuit) regarding the final rule titled
“Pipeline Safety: Requirement of Valve Installation and Minimum Rupture Detection
Standards.”
DATES: These amendments are effective as of [INSERT DATE OF PUBLICATION IN
THE FEDERAL REGISTER].
FOR FURTHER INFORMATION CONTACT: Robert Jagger, Senior Transportation
Specialist, by e-mail at robert.jagger@dot.gov, or by telephone at 202–366–4361.
SUPPLEMENTARY INFORMATION:
On April 8, 2022, PHMSA published a final rule titled “Pipeline Safety: Requirement of
Valve Installation and Minimum Rupture Detection Standards”1 (Valve Rule) amending the
Federal pipeline safety regulations (49 CFR parts 190 through 199) to, among other provisions,

87 FR 20940 (Apr. 8, 2022).

require the installation of rupture-mitigation valves (RMV) or alternative equivalent technologies
and establish minimum performance standards for the operation of those valves to mitigate the
public safety and environmental consequences of ruptures on gas and hazardous liquid (including
carbon dioxide) pipelines. On May 16, 2023, the D.C. Circuit vacated the Valve Rule’s
regulatory amendments as they applied to gathering pipelines (gathering lines).2
Subsequently, on August 1, 2023, PHMSA issued “Pipeline Safety: Requirement of
Valve Installation and Minimum Rupture Detection Standards: Technical Corrections,” 88 FR
50056 (Aug. 1, 2023) (Correction Rule), which updated provisions of the pipeline safety
regulations, as amended by the Valve Rule, to codify the D.C. Circuit’s decision. On August 30,
2023, the American Petroleum Institute (API) and GPA Midstream Association (GPA) jointly
filed a Petition for Reconsideration (Petition) of the Correction Rule. The Petition requested two
regulatory amendments pertaining to the D.C. Circuit’s May 2023 decision.
First, API and GPA noted that, although § 192.9(c) provides an exception for Type A
gathering lines from the requirements at § 192.617(b) through (d), corresponding references to
Type A gathering lines remained within § 192.617(c) and (d). API and GPA requested PHMSA
remove those references within § 192.617(c) and (d) to better conform to the D.C. Circuit
decision.
Second, API and GPA also noted that, although PHMSA amended the definition of
“notification of potential rupture” at §§ 192.3 and 195.2 to exclude gathering lines, that
exclusion was not made explicit within a companion provision in operating requirements at §
192.635(a). API and GPA requested PHMSA add a disclaimer to § 192.635 to align with the
changes made to the definition for “notification of potential rupture” to conform with the D.C.

See GPA Midstream Ass’n v. U.S. Dep’t of Transp., 67 F.4th 1188 (D.C. Cir. 2023). The court left in place those
regulations as applied to gas and hazardous liquid transmission pipelines.

Circuit order specifying that § 192.635(a) is not applicable to gas gathering lines. PHMSA
recently granted the Petition by response letter to GPA and API.3
On September 22, 2023, GPA and API filed a “Supplement Letter” to the Petition
requesting revision of § 195.418(b)(2)(ii) (regarding the spacing interval of shut-off valves on
transmission pipeline segments carrying highly volatile liquids) and the groups filed an
additional “Supplement Letter” on May 30, 2024, requesting revision of § 195.260(c) (regarding
spacing from endpoints of transmission pipeline segments in high consequence areas). PHMSA
denied each of these supplements as an untimely petition for reconsideration, and, according to
§ 190.335(a), will assess them as petitions for rulemaking under §§ 190.331 and 190.333.
I. Conforming Corrections Implementing Judicial Decision
In response to the August 30, 2023, Petition, PHMSA makes the following further
amendments to the pipeline safety regulations in conformity with the D.C. Circuit decision.
PHMSA revises § 192.617(b) through (d) to remove references to Type A gas gathering lines
from those requirements and clarify that those provisions are inapplicable to gas gathering lines.
Additionally, PHMSA revises § 192.635 to add a disclaimer explicitly stating that section does
not apply to gas gathering lines within a new paragraph (c) to align with the previously revised
definition for “notification of potential rupture” at § 192.3. Making these amendments conforms
to the D.C. Circuit decision.
II. Regulatory Analyses and Notices
A. Statutory/Legal Authority and Good Cause for Immediate Adoption Without Prior Notice
and Comment
This document is published under the authority of the Secretary of Transportation
delegated to the PHMSA Administrator pursuant to 49 CFR 1.97. Among the statutory
authorities delegated to PHMSA are the authorities vested in the Secretary under the Federal

PHMSA’s response to API and GPA’s Petition and Supplement Letter can be found in rulemaking docket no.
PHMSA-2013-0255 on www.regulations.gov. PHMSA incorporates by reference its response in its entirety within
this Notice.
Pipeline Safety Statutes (49 U.S.C. 60101 et seq.). Section 60102(a) authorizes issuance of
regulations governing design, installation, inspection, emergency plans and procedures, testing,
construction, extension, operation, replacement, and maintenance of pipeline facilities. See also
49 U.S.C. 60102(n) (requiring the Secretary to issue regulations requiring the installation of
RMVs or equivalent technology on new and entirely replaced transmission lines). Other
authorities delegated to PHMSA include 49 U.S.C. 5103 (regulatory authority to prescribe
regulations for transportation of hazardous materials) and 30 U.S.C. 185(w)(3) (authority to
prescribe reporting requirements for pipelines traversing Federal lands).4
PHMSA finds it has good cause to make the judicially conforming corrections 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. The APA good cause exception applies “when rulemaking without notice and
comment is a reasonable and perhaps inevitable response to a court order” such that the court
order would make additional comment “utterly unnecessary.” EME Homer City Generation, LP
v. EPA, 795 F.3d 118, 134–35 (D.C. Cir. 2015) (internal quotations omitted). These corrections
rectify unintended omissions from PHMSA’s August 1, 2023, Correction Rule to ensure the
regulations conform with judicial review of the final Valve Rule. Good cause exists to further
ensure part 192 conforms with the D.C. Circuit’s order,5 and PHMSA finds that additional
comment on these corrections is unnecessary as no comment here can “change[] that fact” of the
court’s order to vacate the Valve Rule amendments as to gathering lines. See EME Homer, 795
F.3d at 135.

See also 87 FR at 20978 (Valve Rule statutory authorities).

GPA Midstream Ass’n, 67 F.4th at 1202.

Similarly, good cause authorizes the immediate effective date of these additional
corrections. Section 553(d)(3) of the APA 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 allowing for earlier effect. 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, for the same reasons stated above, there is good cause under section
553(d)(3) of the APA to make these revisions effective immediately upon publication in the
Federal Register.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This document has been evaluated in accordance with Executive Order 12866
(“Regulatory Planning and Review”),6 Executive Order 14094 (“Modernizing Regulatory
Review”),7 and DOT Order 2100.6A (“Rulemaking and Guidance Procedures”) and is
considered not significant; therefore, this document has not been reviewed by the Office of
Management and Budget (OMB). PHMSA finds that the conforming corrections herein impose
no incremental compliance costs beyond those assessed earlier in the Valve Rule, nor do they
adversely affect safety, as the corrections merely codify the results of judicial review limiting the
scope of application of the Valve Rule, and otherwise are consistent with the Valve Rule.
C. Regulatory Flexibility Act
The analytical requirements of the Regulatory Flexibility Act, as amended by the Small
Business Regulatory Flexibility Fairness Act of 1996 (RFA, 5 U.S.C. 601 et seq.), do not apply
when the agency finds good cause under the APA to adopt a rule without prior notice and

6
58 FR 51735 (Oct. 4, 1993).
88 FR 21879 (Apr. 11, 2023).

comment.8 Because PHMSA has “good cause” under the APA to forego comment on the
corrections herein, no RFA analysis is required.
D. Paperwork Reduction Act
The corrections in this document impose no new or revised information collection
requirements. As explained above, the changes being made in this document are non-substantive,
and they will require no change to the current incident and annual reporting forms and their
respective instructions as discussed in the preamble of the Valve Rule.
E. Unfunded Mandates Reform Act of 1995
PHMSA analyzed the corrections in this document pursuant to the Unfunded Mandates
Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et seq.) and determined that the corrections 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. Because the corrections impose no
new incremental compliance costs beyond those already assessed in the Valve Rule, PHMSA’s
earlier UMRA analysis prepared for the Valve Rule need not be changed.9
F. National Environmental Policy Act
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 Valve Rule in accordance with
NEPA, implementing Council on Environmental Quality regulations (40 CFR parts 1500 through
1508), and DOT implementing policies (DOT Order 5610.1C, “Procedures for Considering
Environmental Impacts”) and determined the Valve Rule would not significantly affect the
quality of the human environment.10 PHMSA has determined that the corrections in this

See 5 U.S.C. 603-604. See also Small Business Administration, “A Guide for Government
Agencies: How to Comply with the Regulatory Flexibility Act” 55 (2017).
9 Final Regulatory Impact Analysis, Doc. No. PHMSA-2013-0255-0046.
10 Final Environmental Assessment, Doc. No. PHMSA-2013-0255-0045.

document have no effect on its earlier NEPA analysis, as the corrections simply reflect the Valve
Rule as modified by judicial review.
G. Executive Order 13132 (Federalism)
PHMSA has analyzed this document in accordance with the principles and criteria
contained in Executive Order 13132 (“Federalism”).11 PHMSA has previously determined that
the Valve Rule did not impose any substantial direct effect 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, see 87 FR at 20978. Because the
judicially conforming corrections herein are consistent with the Valve Rule as modified by
judicial review, the consultation and funding requirements of Executive Order 13132 do not
apply.12
H. Executive Order 13211
PHMSA analyzed the Valve Rule and determined that the requirements of Executive
Order 13211 (“Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use”)13 did not apply. These judicially conforming corrections to the Valve Rule
are not a “significant energy action” under Executive Order 13211, as they are not a significant
regulatory action, and they are not likely to have a significant adverse effect on supply,
distribution, or energy use. Further, OMB has not designated the corrections herein as a
significant energy action.
I. Executive Order 13175
This document was analyzed in accordance with the principles and criteria contained
in Executive Order 13175 (“Consultation and Coordination with Indian Tribal Governments”)14
and DOT Order 5301.1 (“Department of Transportation Policies, Programs, and Procedures

64 FR 43255 (Aug. 10, 1999).
Moreover, PHMSA determined that the Valve Rule did not impose substantial direct
compliance costs on state and local governments.
13 66 FR 28355 (May 22, 2001).
14 65 FR 67249 (Nov. 6, 2000).
Affecting American Indians, Alaska Natives, and Tribes”). Because none of the corrections in
this final rule 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.
J. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 (“Promoting International Regulatory Cooperation”),15
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 judicially
conforming corrections to the Valve Rule in this document do not impact international trade.
K. 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.
L. Severability
The purpose of these corrections is to conform with the outcome of judicial review of the
Valve Rule. The provisions amended herein focus on disparate topics. Therefore, PHMSA finds
that each correction in this rule is severable and able to function independently from the others.
Further, these provisions are severable from the Correction Rule and from the Valve Rule. In the

77 FR 26413 (May 4, 2012).

event a court were to invalidate one or more of the unique amendments in this rule, the
remaining provisions should stand, thus allowing their continued effect.
List of Subjects
49 CFR Part 192
Gas, natural gas, pipeline safety, reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA makes the following correcting amendments
to 49 CFR part 192:
PART 192—TRANSPORTATION OF NATURAL GAS AND OTHER GAS BY
PIPELINE: MINIMUM FEDERAL SAFETY STANDARDS
1. The authority citation for part 192 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et. seq., and 49 CFR 1.97.
2. Amend § 192.617 by revising paragraphs (b), (c) introductory text, and (d) to read as follows:
§ 192.617 Investigation of failures and incidents.
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(b) Post-failure and incident lessons learned. Each operator of a transmission or
distribution pipeline must develop, implement, and incorporate lessons learned from a postfailure or incident review into its written procedures, including personnel training and
qualification programs; and design, construction, testing, maintenance, operations, and
emergency procedure manuals and specifications.
(c) Analysis of rupture and valve shutoffs. If an incident on an onshore gas transmission
pipeline involves the closure of a rupture-mitigation valve (RMV), as defined at § 192.3, or the
closure of alternative equivalent technology, the operator of the pipeline must also conduct a
post-incident analysis of all of the factors that may have impacted the release volume and the
consequences of the incident and identify and implement operations and maintenance measures
to prevent or minimize the consequences of a future incident. The requirements of this paragraph
(c) are not applicable to gas distribution or gas gathering pipelines. The analysis must include all

relevant factors impacting the release volume and consequences, including, but not limited to,
the following:
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(d) Rupture post-failure and incident summary. If a failure or incident on an onshore gas
transmission pipeline involves the identification of a rupture following a notification of potential
rupture, or the closure of an RMV (as those terms are defined at § 192.3), or the closure of an
alternative equivalent technology, the operator of the pipeline must complete a summary of the
post-failure or incident review required by paragraph (c) of this section within 90 days of the
incident, and while the investigation is pending, conduct quarterly status reviews until the
investigation is complete and a final post-incident summary is prepared. The final post-failure or
incident summary, and all other reviews and analyses produced under the requirements of this
section, must be reviewed, dated, and signed by the operator's appropriate senior executive
officer. The final post-failure or incident summary, all investigation and analysis documents used
to prepare it, and records of lessons learned must be kept for the useful life of the pipeline. The
requirements of this paragraph (d) are not applicable to gas distribution or gas gathering
pipelines.
3. Amend § 192.635 by adding paragraph (c) to read as follows:
§ 192.635 Notification of potential rupture.
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(c) This section does not apply to any gas gathering line.

Issued in Washington, D.C. on June 20, 2024, under authority delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2024-14116 Filed: 6/27/2024 8:45 am; Publication Date: 6/28/2024]