PHMSA currently incorporates by reference into 49 CFR Parts 192, 193, and 195 all or parts of more than 80 standards and specifications developed and published by standard developing organizations (SDO's). In general, SDOs update and revise their published standards every 3 to 5 years to reflect modern technology and best technical practices.

The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) directs Federal agencies to use voluntary consensus standards in lieu of government-written standards whenever possible. Voluntary consensus standards are standards developed or adopted by voluntary bodies that develop, establish, or coordinate technical standards using agreed-upon procedures. In addition, Office of Management and Budget (OMB) issued OMB Circular A-119 to implement Section 12 (d) of Pub. L. 104-113 relative to the utilization of consensus technical standards by federal agencies. This Circular provides guidance for agencies participating in voluntary consensus standards bodies and describes procedures for satisfying the reporting requirements in Pub. L. 104-113.

In accordance with the preceding provisions, PHMSA has the responsibility for determining, via petitions or otherwise, which currently referenced standards should be updated, revised, or removed, and which standards should be added to 49 CFR Parts 192, 193, and 195. Revisions to incorporated by reference materials in 49 CFR Parts 192, 193, and 195 are handled via the rulemaking process, which allows for the public and regulated entities to provide input. During the rulemaking process, PHMSA must also obtain approval from the Office of the Federal Register to incorporate by reference any new materials.

On January 3, 2012, President Obama signed the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, Public Law 112-90 (Act). Section 24 states "Beginning 1 year after the date of enactment of this subsection, the Secretary may not issue guidance or a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge, on an Internet Web site." 49 U.S.C. § 60102(p).

On August 9, 2013, Public Law 113-30 revised 49 U.S.C. § 60102(p) to replace "1 year" with "3 years" and remove the phrases "guidance or" and ",on an Internet Web site." This resulted in the current language in 49 U.S.C. § 60102(p), which now reads as follows:

"Beginning 3 years after the date of enactment of this subsection, the Secretary may not issue a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge."

Further, the Office of the Federal Register issued a November 7, 2014 (79 FR 66278) rulemaking that revised 1 CFR 51.5 to require that agencies detail in the preamble of a proposed rulemaking the ways that the materials it proposes to incorporate by reference are reasonably available to interested parties or how it worked to make those materials reasonably available to interested parties.

The following SDOs have posted free viewable copies of their standards. Copies of these standards may also be viewed at the Office of the Federal Register, PHMSA Headquarters in Washington, D.C., and at all regional PHMSA offices.

PHMSA will provide temporary access to any standard that is incorporated by reference per 49 U.S.C. § 60102(p) or proposed for incorporation that is not otherwise available from the relevant SDO. To gain temporary access to standards, please email phmsaphpstandards@dot.gov with your request. You must include your phone number, physical address, and an email address. PHMSA will respond within 5 business days and provide access to the standard.

The following SDOs have posted free viewable copies of certain standards that have been proposed in the applicable rulemakings. (These links are active during the comment period of the rulemaking)