PHMSA in the Federal Register – 7-31-26

Today, DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) published 17 actions in the Federal Register. These actions refer to Federal Register publications from April 24^th, 2026; not all of the actions published on that day were addressed in today’s Federal Register. They include:

• Direct final rule (DFR) withdrawals (2),

• DFR date confirmations (15).

Direct Final Rule Withdrawals

When DOT direct final rules are issued, that issuance is subject to the ‘adverse comment’ exception found in 49 CFR 190.339(c). If an adverse comment is received on the DFR within the comment period, in the case of these two DFR’s June 23^rd, 2026, then the DFR will be withdrawn and the responsible agency will decide whether to proceed with a revised DFR, initiate a more conventional rulemaking, or abandon the process completely.

The two DFR withdrawals published today were:

• Pipeline Safety: Clarifying Hazardous Liquid Pipeline Integrity Management Guidance, and

• Pipeline Safety: Standards Update-ASME B31.4.

Direct Final Rule Date Confirmations

When no ‘adverse comments’ are received on a DFR, the agency typically publishes a notice in the Federal Register confirming the published effective date; in the case of these 14 rules, January 1^st, 2027.

• Pipeline Safety: Standards Update-ASTM A53/A53M,

• Pipeline Safety: Standards Update-ASTM A333/A333M,

• Pipeline Safety: Standards Update-ASTM A372/A372M,

• Pipeline Safety: Standards Update-ASTM F1055,

• Pipeline Safety: Standards Update-ASTM D2513,

• Pipeline Safety: Standards Update-ASTM F2767,

• Pipeline Safety: Standards Update-ASTM F2620,

• Pipeline Safety: Standards Update-MSS SP-75,

• Pipeline Safety: Standards Update-NACE SP0206,

• Pipeline Safety: Standards Update-NACE SP0502,

• Pipeline Safety: Standards Update-NFPA 59,

• Pipeline Safety: Standards Update-NFPA 58,

• Pipeline Safety: Standards Update-ASTM F1973,

• Pipeline Safety: Standards Update-ASTM D2564.

The Odd Ball

One of the effective date confirmation rules published today is different from the rest:

• Pipeline Safety: Electronic Retention of Part 194 Response Plans.

First off, the other 14 were updates to incorporation by references for various non-governmental standards organizations. These tend to be non-controversial because these standards organizations try very hard to produce consensus documents. They are not always successful; see ASME B31.4 in the withdrawal section above.

The second odd thing about this confirmation notice is that there was a comment received. The confirmation notice discusses that comment and concludes that it does not meet the ‘adverse comment’ standard, and can effectively be ignored.

The final oddity about this confirmation is that the effective date is August 3^rd, 2026.

Personal Note: The Chief Counsel listed in each of these rulemaking notices, Keith Coyle, is, to the best of my knowledge, not any relation to me.