[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Rules and Regulations]
[Pages 12834-12835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04572]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 191 and 192

[Docket No. PHMSA-2018-0046]
RIN 2137-AF36


Pipeline Safety: Gas Pipeline Regulatory Reform

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

ACTION: Final rule; withdrawal of enforcement discretion; delay of 
effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2021, from 
the Assistant to the President and Chief of Staff, titled ``Regulatory 
Freeze Pending Review,'' PHMSA delays the effective date of the final 
rule, ``Pipeline Safety: Gas Pipeline Regulatory Reform,'' until March 
21, 2021. PHMSA also delays until March 21, 2021, its withdrawal of the 
March 26, 2019, ``Exercise of Enforcement Discretion Regarding Farm 
Taps'' and the unpublished October 27, 2015, letter to the Interstate 
Natural Gas Association of America announcing a stay of enforcement 
pertaining to certain pressure vessels.

DATES: 
    Delayed effective date: As of March 5, 2021, the effective date of 
the final rule

[[Page 12835]]

amending 49 CFR parts 191 and 192 published at 86 FR 2210 on January 
11, 2021, is delayed to March 21, 2021.
    Incorporation by reference date: The incorporation by reference of 
certain publications listed in the final rule published at 86 FR 2210 
on January 11, 2021, is delayed to March 21, 2021.
    Enforcement discretion withdrawal date: The document published at 
84 FR 11253 on March 26, 2019, is withdrawn as of March 21, 2021.

FOR FURTHER INFORMATION CONTACT: Sayler Palabrica, Transportation 
Specialist, by telephone at 202-366-0559. Office hours are from 8:00 
a.m. to 4:30 p.m. ET, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    A copy of the notice of proposed rulemaking (NPRM) (85 FR 35240, 
June 9, 2020), all comments received, the final rule, and all 
background material may be viewed online at http://www.regulations.gov 
using the docket number listed above. A copy of this document will be 
placed in the docket. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at http://www.ofr.gov 
and the Government Publishing Office's website at http://www.gpo.gov.

Background

    On January 20, 2021, the Assistant to the President and Chief of 
Staff issued a memorandum titled, ``Regulatory Freeze Pending Review.'' 
The memorandum requested that the heads of executive departments and 
agencies (agencies) take steps to ensure that the President's 
appointees or designees have the opportunity to review any new or 
pending rules. With respect to rules published in the Federal Register, 
but not yet effective, the memorandum asked that agencies consider 
postponing the rules' effective dates for 60 days from the date of the 
memorandum (i.e., until March 21, 2021) for the purpose of reviewing 
any questions of fact, law, and policy the rules may raise.
    In accordance with this direction, PHMSA has decided to delay the 
effective date of the final rule, Pipeline Safety: Gas Pipeline 
Regulatory Reform (RIN 2137-AF36), until March 21, 2021. PHMSA likewise 
delays the withdrawal of the March 26, 2019, ``Exercise of Enforcement 
Discretion Regarding Farm Taps'' (84 FR 11253) and the unpublished 
October 27, 2015, letter to the Interstate Natural Gas Association of 
America announcing a stay of enforcement pertaining to certain pressure 
vessels, each of which are available in the docket for the final rule. 
The final rule amends part 191 and 192 to reduce regulatory burdens on 
operators on the construction, maintenance, and operation of gas 
transmission, gas distribution, and gas gathering pipeline systems. The 
amendments include changes to requirements for distribution integrity 
management, reporting, corrosion control, design, welding, and testing. 
The delay in the final rule's effective date will afford the 
President's appointees or designees an opportunity to review the final 
rule and will allow for consideration of any questions of fact, law, or 
policy that the final rule may raise before it becomes effective.

Waiver of Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), PHMSA 
generally offers interested parties the opportunity to comment on 
proposed regulations and publish final rules not less than 30 days 
before their effective dates. However, the APA provides that an agency 
is not required to conduct notice-and-comment rulemaking and may delay 
effective dates when the agency, for good cause, finds that each 
requirement is impracticable, unnecessary, or contrary to the public 
interest (5 U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive 
both of these requirements here as they are impracticable. A delay in 
the effective date of the final rule, ``Pipeline Safety: Gas Pipeline 
Regulatory Reform'', is necessary for the President's appointees and 
designees to have adequate time to review the rule before it takes 
effect, and neither the notice and comment process nor the delayed 
effective date could be implemented in time to allow for this review.

List of Subjects

49 CFR Part 191

    Gas gathering, Integrity management, Pipeline reporting 
requirements, Pipeline safety.

49 CFR Part 192

    Fire prevention, Incorporation by reference, Pipeline safety, 
Security measures.

    Issued in Washington, DC, on March 1, 2021, under authority 
delegated in 49 CFR 1.97.
Tristan H. Brown,
Acting Administrator.
[FR Doc. 2021-04572 Filed 3-4-21; 8:45 am]
BILLING CODE 4910-60-P


