PHMSA’s 2016 Proposed Rule 

PHMSA originally proposed the gas pipeline safety rule on April 8, 2016, but has yet to finalize it. Given the numerous outstanding issues raised by industry during the regulatory public comment period, the subsequent change in administration, and the Department of Transportation’s recommendations to reduce regulatory burdens on domestic energy production, it possible that, after obtaining full stakeholder input, PHMSA may re-propose a gas pipeline safety rule that looks quite different from that originally proposed by the Obama Administration in 2016.

The Protecting Our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of 2016

Among other things, the PIPES Act grants the Secretary of Transportation authority to issue emergency orders to pipeline operators with immediate effect, sets standards for the timing of incident reporting, sets inspection, assessment, and reporting requirements for certain pipeline and LNG facilities, and authorizes the imposition of new and increased fees on pipeline facility operators

Current PHMSA Pipeline Safety Regulations

• Part 190 - Pipeline Safety Enforcement and Regulatory Procedures
• Part 191 - Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition Reports
• Part 192 - Transportation of Natural and Other Gas by Pipeline:  Minimum Federal Safety Standards
• Part 193 - Liquefied Natural Gas Facilities:  Federal Safety Standards
• Part 194 - Response Plans for Onshore Oil Pipelines
• Part 195 - Transportation of Hazardous Liquids by Pipeline
• Part 199 - Drug and Alcohol Testing
• C49 C.F.R. Subchapter D – PIPELINE SAFETY (Parts 190-199) (as of January 1, 2017)

Recent and Proposed Amendments to PHMSA Pipeline Safety Regulations

• Version finalized by PHMSA, but withdrawn by the incoming Administration pending further review, is available here
• Safety of Gas Transmission and Gathering Pipelines; Proposed Rule, 81 Fed. Reg. 20,723 (Apr. 8, 2016) (proposing to overhaul the gas pipeline safety regulations at 49 C.F.R. Parts 191 and 192)
• Safety of Hazardous Liquid Pipelines; Proposed Rule, 81 Fed Reg. 61,610 (Oct. 13, 2015) (overhaul of hazardous liquids pipeline safety regulations at 49 C.F.R. Part 195)
• Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Changes, Final Rule, 82 Fed. Reg. 7972  (Jan. 23, 2017) (incorporates into the pipeline safety regulations certain provisions of the PIPES Act and amends incident notification, cost recovery, special permit renewal, and drug and alcohol testing requirements)