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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Rules and Regulations 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11253 on March 26, 2019, is withdrawn as of March 21, 2021.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 202366
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 Registers website at http www.ofr.gov and the Government Publishing Offices website at http www.gpo.gov.

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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 Presidents 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 2137AF36, 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delays the withdrawal of the March 26, 2019, Exercise of Enforcement Discretion Regarding Farm Taps 84 FR 11253 and the unpublished October 27, 2015, letter to
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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 rules effective date will afford the Presidents 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. 553bB and d3.
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 Presidents 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
12835

Issued in Washington, DC, on March 1, 2021, under authority delegated in 49 CFR
1.97.
Tristan H. Brown, Acting Administrator.
FR Doc. 202104572 Filed 3421; 8:45 am BILLING CODE 491060P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration 49 CFR Part 192
Docket No. PHMSA20180046; Amdt. No.
19228
RIN 2137AF36

Pipeline Safety: Gas Pipeline Regulatory Reform; Correction Pipeline and Hazardous Materials Safety Administration PHMSA, Department of Transportation DOT.
ACTION: Final rule; correction.
AGENCY:

PHMSA is correcting its Gas Pipeline Regulatory Reform final rule that published in the Federal Register on January 11, 2021. The rule makes miscellaneous changes to the regulatory requirements for gas pipeline systems.
DATES: This correction is effective March 21, 2021.
FOR FURTHER INFORMATION CONTACT:
Sayler Palabrica, Transportation Specialist, by telephone at 202366
0559.
SUMMARY:

PHMSA is correcting its Gas Pipeline Regulatory Reform final rule that published in the Federal Register on January 11, 2021
86 FR 2210. PHMSA is correcting the amendatory instructions to 49 CFR
192.281 and appendix B to part 192.
PHMSA is also correcting the new regulatory text at 192.507d to remove the word hydrostatic, consistent with the unanimous recommendation of the Gas Pipeline Advisory Committee and the stated intent in the preamble of the final rule.1

SUPPLEMENTARY INFORMATION:

49 CFR Part 191

List of Subjects in 49 CFR Part 192

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

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

49 CFR Part 192

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

In FR Doc. 202100208 that appears on page 2210 of the Federal Register on Monday, January 11, 2021, the following corrections are made:

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1 See
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86 FR 2210 at page 2234.

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