BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

4 AFPM is the leading trade association representing the makers of the fuels that keep Americans moving and the petrochemicals that are the essential building blocks for modern life. [...] 1 American Petroleum Institute,6 collectively, the Associations, respectfully submit this motion to stay (Motion) the final rule in the above-captioned proceeding (Final Rule).7 Specifically, the Associations request that the Pipeline and Hazardous Materials Safety Administration (PHMSA or the Agency) stay the 60-day compliance deadline for the updated technical standards in the Final Rule until t. [...] 2 The standard for obtaining a stay from a federal agency is the same as the standard for obtaining a stay from a federal court.12 Under the well-established four-part test, a request for stay requires consideration of whether: (1) the movant presents a substantial likelihood of success on the merits; (2) irreparable harm would occur without a stay; (3) potential harm to the movant outweighs harm. [...] The only discussion of the implementation date involved API Std 2350.16 In support of the 60-day timeframe, the Agency stated that operators had the time between the Advisory Committee meeting and the Final Rule.17 Federal agencies must measure the reasonableness of compliance dates from when a Final Rule is published and cannot rely on proposed requirements or voluntary actions.18 The D. [...] When reviewing a request for a stay in a case involving the government, courts have considered the third and fourth prong of the standard in tandem.25 In this case, the irreparable harm that will occur if a stay is not granted will not negatively affect the public.