2026-14193: Pipeline Safety: Crimson Pipeline LP's Petition for Declaratory Order Regarding the Requirements for Baseline Integrity Assessments

Federal Register, Volume 91 Issue 133 (Tuesday, July 14, 2026) [Federal Register Volume 91, Number 133 (Tuesday, July 14, 2026)] [Proposed Rules] [Pages 43067-43068] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-14193] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 195 [Docket No. PHMSA-2026-2477] Pipeline Safety: Crimson Pipeline LP's Petition for Declaratory Order Regarding the Requirements for Baseline Integrity Assessments

Agency

Pipeline and Hazardous Materials Safety Administration (PHMSA); U.S. Department of Transportation (DOT).

Action

Notice. -----------------------------------------------------------------------

Summary

The Pipeline and Hazardous Materials Safety Administration is seeking comment on a Petition for Declaratory Order (Petition) requesting PHMSA issue an order regarding requirements for baseline integrity assessments.

Dates

Comments are due on or before August 13, 2026.

Addresses

Comments should reference the docket number for the petition request and may be submitted by any of the following methods: Web: https://www.regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency. Follow the online instructions for submitting comments. Fax: 202-493-2251. Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building: Room W12-140, Washington, DC 20590-0001. Hand Delivery: U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building: Room W12-140, Washington, DC 20590- 0001, between 9:00 a.m. and 5:00 p.m. EST, Monday through Friday, except Federal holidays. Instructions: Identify Docket No. PHMSA-2026-2477 at the beginning of your comments. If you submit your comments by mail, submit two copies. Internet users may submit comments at https://www.regulations.gov. If you would like confirmation that PHMSA received your comments, please include a self-addressed stamped postcard labeled ``Comments on PHMSA-2026-2477.'' The docket clerk will date stamp the postcard prior to returning it to you via U.S. mail. Note: All comments received will be posted without edits to https://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading for more information. Anyone can use the site to search all comments by the name of the submitting individual or, if the comment was submitted on behalf of an association, business, labor union, etc., the name of the signing individual. Therefore, please review the complete DOT Privacy Act Statement in the Federal Register at 65 FR 19477 or the Privacy Notice at https://www.regulations.gov before submitting comments. Privacy Act Statement: DOT may solicit comments from the public regarding certain general notices. DOT posts these comments without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL- 14 FDMS), which can be reviewed at www.dot.gov/privacy. Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments in response to this notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this notice, it is important that you clearly designate the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask PHMSA to provide confidential treatment to information you give to the Agency by taking the following steps: (1) mark each page of the original document submission containing CBI as ``Confidential;'' (2) send PHMSA a copy of the original document with the CBI deleted along with the original, unaltered document; and (3) explain why the information you are submitting [[Page 43068]] is CBI. Submissions containing CBI should be sent to Joseph Berry, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Submission containing CBI can also be emailed to Timothy O'Shea by encrypted email at timothy.o'[email protected]. Any commentary PHMSA receives that is not specifically designated as CBI will be placed in the public docket. Docket: For access to the docket or to read background documents or comments, go to https://www.regulations.gov. Follow the online instructions for accessing the dockets. Alternatively, this information is available by visiting DOT at 1200 New Jersey Avenue SE, West Building: Room W12-140, Washington, DC 20590-0001, between 9:00 a.m. and 5:00 p.m. EST, Monday through Friday, except Federal holidays.

For Further Information Contact

Timothy O'Shea, Office of Chief Counsel, by phone at 771-216-4015 or by email at timothy.o'[email protected].

Supplementary Information

PHMSA is evaluating a Petition for Declaratory Order from Crimson Pipeline LP (Crimson or Petitioner), pursuant to 49 U.S.C. 60117(b)(1)(J) and 49 CFR 190.13. Crimson owns and operates certain pipelines (the ``Pipelines'') designated as intrastate pipelines which are regulated by the California Office of the State Fire Marshal (OSFM). Each of the Pipelines is in a high consequence area and was constructed before July 1, 2020. Following construction, a pressure test was performed on each of the Pipelines. The pressure tests were all performed between 1996 and 2011. Thereafter, the Pipelines were pressure tested at five-year intervals. Each of the Pipelines cannot currently accommodate the passage of an in-line inspection device. On May 14, 2026, acting under its certification pursuant to 49 U.S.C. 60105(a), OSFM issued to Crimson a final order finding Crimson violated 49 CFR 195.452(c)(1)(i) by failing to perform a baseline assessment by in-line inspection (ILI) on the Pipelines. The Petition contends that OSFM is attempting to enforce an incorrect interpretation of section 195.452(c)(1)(i) by requiring it to perform baseline assessments by ILI on the Pipelines. On June 22, 2026, Crimson filed the Petition requesting PHMSA issue an order declaring that: (1) for baseline assessments performed before July 1, 2020, Part 195 does not require an operator to utilize an ILI device as the assessment method for a pipeline constructed after May 12, 1994, in all cases; (2) 49 CFR 195.452(c)(1)(i) allows a pipeline constructed after May 12, 1994, and assessed before July 1, 2020 to be assessed by pressure test; (3) 49 CFR 195.452(n) allows an operator with a pipeline constructed after May 12, 1994, until July 2, 2040, to modify its pipelines to accommodate the passage of an ILI device; and (4) 49 CFR 195.452(c)(1)(i) may not be applied retroactively to invalidate baseline assessments conducted prior to July 1, 2020. The Petition is available for review in the docket for this proceeding. Before issuing a final decision on the Petition, PHMSA will evaluate all comments received on or before the comment closing date. Comments received after the closing date will be evaluated if it is possible to do so without incurring additional expense or delay. PHMSA will consider each relevant comment received in issuing a decision on the Petition, which will be posted to the docket. Issued in Washington, DC, under authority delegated in 49 CFR 1.97. Keith Coyle, Chief Counsel. [FR Doc. 2026-14193 Filed 7-13-26; 8:45 am] BILLING CODE 4910-60-P