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Pipeline and Hazardous Materials Safety Administration (PHMSA); U.S. Department of Transportation (DOT).
Notice.
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.
Comments are due on or before August 13, 2026.
Comments should reference the docket number for the petition request and may be submitted by any of the following methods:
Timothy O'Shea, Office of Chief Counsel, by phone at 771-216-4015 or by email at timothy.o'shea@dot.gov.
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.
[FR Doc. 2026-14193 Filed 7-13-26; 8:45 am]
BILLING CODE 4910-60-P
4 comments have been received at Regulations.gov.
Agencies review all submissions and may choose to redact, or withhold, certain submissions (or portions thereof). Submitted comments may not be available to be read until the agency has approved them.