G/TBT/N/USA/2287

3 June 2026

(26-4078)

Committee on Technical Barriers to Trade

Original: English

1.

Notifying Member: UNITED STATES OF AMERICA

If applicable, name of local government involved (Articles 3.2 and 7.2):

2.

Agency responsible:

Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT) [2320]

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [X], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], Other:

4.

Products covered (HS codes or national tariff lines. ICS numbers may be provided in addition, where applicable): Breakout tank inspection; Quality (ICS code(s): 03.120); Accident and disaster control (ICS code(s): 13.200); Fluid storage devices (ICS code(s): 23.020)

5.

Details of notified document(s) (title, number of pages and languages, means of access): Pipeline Safety: Breakout Tank Inspection Rule; (9 page(s), in English)

Link to notified document(s) and/or contact details for agency or authority which can provide copies upon request:

https://members.wto.org/crnattachments/2026/TBT/USA/26_02910_00_e.pdf

6.

Description of content: Notice of proposed rulemaking - Breakout tanks are used to ''relieve surges in a hazardous liquid pipeline system'' or to ''receive and store hazardous liquid transported by a pipeline for reinjection and continued transportation by pipeline.'' American Petroleum Institute Standard 653 (API Std 653) sets industry standards for the inspection, repair, alteration, and reconstruction of aboveground storage tanks. The Pipeline and Hazardous Materials Safety Administration (PHMSA) currently incorporates the 3rd edition of API Std 653 (issued December 2001) by reference into its regulations for breakout tanks. In this rulemaking, PHMSA is proposing to update its regulations for breakout tanks to incorporate the 5th edition of API Std 653 (issued November 2014) by reference. As a key part of this, PHMSA is proposing to authorize the use of risk-based inspection (RBI) procedures for establishing the inspection intervals of in-service breakout tanks.

7.

Objective and rationale, including the nature of urgent problems where applicable: Quality requirements; Cost saving and productivity enhancement

8.

Relevant documents:

91 Federal Register (FR) 32919, 2 June 2026; Title 49 Code of Federal Regulations (CFR) Part 195:

https://www.govinfo.gov/content/pkg/FR-2026-06-02/html/2026-10969.htm

https://www.govinfo.gov/content/pkg/FR-2026-06-02/pdf/2026-10969.pdf

This notice of proposed rulemaking is identified by Docket Number PHMSA-2025-1271. The Docket Folder is available on Regulations.gov at https://www.regulations.gov/docket/PHMSA-2025-1271/document and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number.

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Provision of comments

Final date for comments: 3 August 2026

[ ] 60 days from notification

WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point by or before 4pm Eastern Time on 3 August 2026. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with PHMSA and submitted to the Docket if received within the comment period.

Contact details of agency or authority designated to handle comments regarding the notification:

Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov