# CRESCENT MIDSTREAM, LLC — Notice of Amendment

- **operation:** document
- **citation:** CPF 420165008M
- **title:** CRESCENT MIDSTREAM, LLC — Notice of Amendment
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2016-04-04
- **effective on:** Not available
- **summary:** CLOSED notice of amendment citing 195.402(c)(3), 195.402(f), 195.413.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-420165008m.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-420165008m.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-420165008m
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/420165008M
**body:**

Notice of Amendment involving CRESCENT MIDSTREAM, LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.402(f),  195.413. The case was opened on 2016-04-04 and is reported as closed as of 2018-06-11. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

420165008M_Closure Letter_06112018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_Closure%20Letter_06112018.pdf

420165008M_Closure Letter_06112018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_Closure%20Letter_06112018_text.pdf

420165008M_Notice of Amendment_04042016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_Notice%20of%20Amendment_04042016.pdf

420165008M_Notice of Amendment_04042016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_Notice%20of%20Amendment_04042016_text.pdf

420165008M_Operator Response to Notice_04302018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_Operator%20Response%20to%20Notice_04302018.pdf

420165008M_PHC Order Directing Amendment_12272016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_PHC%20Order%20Directing%20Amendment_12272016.pdf

420165008M_PHC Order Directing Amendment_12272016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_PHC%20Order%20Directing%20Amendment_12272016_text.pdf

420165008M_Closure Letter_06112018_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
June 11, 2018
Larry Alexander
President
Crimson Gulf, LLC
263 Trinity Lane
Gray, Louisiana 70359
CPF 4-2016-5008M
Dear Mr. Alexander:
From March 2015 to July 2015, a representative from the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site
pipeline safety inspection of Crimson Gulf, LLC (Crimson) procedures for Operations and
Maintenance in Houma, Louisiana. As a result of the inspection, Crimson was issued a Notice of
Amendment on April 4, 2016, which proposed amendment of your procedures. Then on December
27, 2017, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to
Crimson an Order Directing Amendment (ODA) in the above-referenced case.
Crimson submitted amended procedures on March 14, 2018 and May 1, 2018. My staff reviewed
the amended procedures, and it appears that the inadequacies outlined in this ODA have been
corrected.
This letter is to inform you no further action is necessary and this case is now closed. Thank you
for your cooperation.
Sincerely,
Mary L. McDaniel, P.E.
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration

420165008M_Notice of Amendment_04042016_text.pdf

NOTICE OF AMENDMENT
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
April 4, 2016
Mr. Larry Alexander
President
Crimson Gulf, LLC
263 Trinity Lane
Gray, LA 70359
CPF 4-2016-5008M
Dear Mr. Alexander:
On March 2015 to July 2015, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Crimson
Gulf, LLC (Crimson Gulf) procedures for Operations and Maintenance in Houma, Louisiana.
On the basis of the inspection, PHMSA has identified the apparent inadequacies found within
Crimson Gulf’s plans or procedures, as described below:
1. §195.402 Procedural manual for operations, maintenance, and emergencies.
(c) Maintenance and normal operations. The manual required by paragraph (a) of this
section must include procedures for the following to provide safety during
maintenance and normal operations:
(3) Operating, maintaining, and repairing the pipeline in accordance with each of the
requirements of this subpart and subpart H of this part.
Throughout Crimson Gulf’s Operations and Maintenance Manual, Section H.1 Corrosion
Control Procedures, the procedures replicate and paraphrase the regulations, and reference the
regulations instead of their own processes and procedures. Crimson’s procedures must be
amended to be more specific to the Crimson system, provide adequate details and not simply
paraphrase the regulations for conducting normal operations and maintenance activities.



The following sections of Crimson’s O&M Manual need to be amended:
1. Section H.1., D.2 Pipelines That Must Have Coating for External Corrosion Control
procedure to meet the requirements of §195.557 Which pipelines must have coating for
external corrosion control? Procedure paraphrases and references the regulations.
2. Section H.1., D.3 Coating Materials procedure to meet the requirements of §195.559
What coating material may I use for external corrosion control? The procedure lacks
guidance and specifics on the coating material to be used.
3. Section H.1., D.4 Pipe Coating Inspections procedure to meet the requirements of
§195.561 When must I inspect pipe coating used for external corrosion control? The
procedure lacks detailed guidance and specifics.
4. Section H.1., D.5 Pipelines Required to Have Cathodic Protection procedure to meet the
requirements of §195.563 Which pipelines must have cathodic protection? Their
procedure paraphrases and references the regulations.
5. Section H.1., D.8 Test Leads-Installation & Maintenance procedure to meet the
requirements of §195.567 Which pipelines must have test leads and what must I do to
install and maintain the leads? Their procedure paraphrases and references the
regulations.
6. Section H.1., D.9 Inspections of Exposed Sections of Pipe procedure to meet the
requirements of §195.569 Do I have to examine exposed portions of buried pipelines?
Their procedure paraphrases and references the regulations.
7. Section H.1., D.11 Monitoring External Corrosion Control procedure to meet the
requirements of §195.573 What must I do to monitor external corrosion control? Their
procedure paraphrases and references the regulations.
8. Section H.1., D.12 Electrical Isolations, Inspections, Tests, and Safeguards procedure to
meet the requirements of §195.575. Their procedure paraphrases and references the
regulations.
9. Section H.1., D.14 Mitigating Internal Corrosion procedure to meet the requirements of
§195.579 What must I do to mitigate internal corrosion? Their procedure does not
address pipeline alignment features such as changes in elevation, low points, sharp bends,
and dead legs that may contribute to internal corrosion by allowing water to settle out.
10. Section H.1., D.15 Atmospheric Corrosion and Coating Materials procedure to meet the
requirements of §195.581 Which pipeline must I protect against atmospheric corrosion
and what coating material may I use? Their procedure paraphrases and references the
regulations, and lacks details.
11. Section H.1., D.17 General Corrosion procedure to meet the requirements of §195.585
What must I do to correct corroded pipe? Their procedure paraphrases and references the
regulations and lacks details.
12. Section H.1., D.18 How to Determine the Strength of Corroded Pipe procedure to meet
the requirements of §195.587 What methods are available to determine the strength of
corroded pipe? Their procedure paraphrases and references the regulations and lacks
details.
2



2. §195.402 Procedural manual for operations, maintenance, and emergencies.
(f) Safety-related condition reports. The manual required by paragraph (a) of this
section must include instructions enabling personnel who perform operation and
maintenance activities to recognize conditions that potentially may be safety-related
conditions that are subject to the reporting requirements of §195.55.
Crimson Gulf’s Operations and Maintenance Manual, Section B.3 Safety Related Condition
Reporting did not specify when and what information is required to be reported to PHMSA
under §195.55.
Crimson’s procedure states that “once a condition is discovered and subsequently determined to
be a safety related condition that cannot be repaired, replaced or mitigated within 5 working
days, a Safety Related Condition Report must be filed by the DOT Compliance Advisor”. Their
procedure does not differentiate the reporting time limits between time of discovery and time of
determination for safety related conditions as stated in §195.56(a).
The procedure also did not address the information required to be reported under §195.56(b).
§195.413 Underwater inspection and reburial of pipelines in the Gulf of Mexico and its
inlets.
(a) Except for gathering lines of 41⁄2 inches (114mm) nominal outside diameter or
smaller, each operator shall prepare and follow a procedure to identify its pipelines in
the Gulf of Mexico and its inlets in waters less than 15 feet (4.6 meters) deep as
measured from mean low water that are at risk of being an exposed underwater
pipeline or a hazard to navigation. The procedures must be in effect August 10, 2005.
(b) Each operator shall conduct appropriate periodic underwater inspections of its
pipelines in the Gulf of Mexico and its inlets in waters less than 15 feet (4.6 meters) deep
as measured from mean low water based on the identified risk.
(c) If an operator discovers that its pipeline is an exposed underwater pipeline or poses
a hazard to navigation, the operator shall—
(1) Promptly, but not later than 24 hours after discovery, notify the National Response
Center, telephone: 1-800-424-8802, of the location and, if available, the geographic
coordinates of that pipeline.
(2) Promptly, but not later than 7 days after discovery, mark the location of the pipeline
in accordance with 33 CFR Part 64 at the ends of the pipeline segment and at intervals
of not over 500 yards (457 meters) long, except that a pipeline segment less than 200
yards (183 meters) long need only be marked at the center; and
(3) Within 6 months after discovery, or not later than November 1 of the following year
if the 6 month period is later than November 1 of the year of discovery, bury the
pipeline so that the top of the pipe is 36 inches (914 millimeters) below the underwater
natural bottom (as determined by recognized and generally accepted practices) for
normal excavation or 18 inches (457 millimeters) for rock excavation.
(i) An operator may employ engineered alternatives to burial that meet or exceed the
level of protection provided by burial.
(ii) If an operator cannot obtain required state or Federal permits in time to comply
with this section, it must notify OPS; specify whether the required permit is State or
Federal; and, justify the delay.
3



Crimson Gulf’s Operations and Maintenance Manual, Section F.5 Underwater Inspection and
Reburial of Pipelines in the Gulf of Mexico Procedure, paragraph D.1., paraphrased the
regulation §195.413 and lacks details and guidance.
Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as
part of this Notice is a document entitled Response Options for Pipeline Operators in
Compliance Proceedings. Please refer to this document and note the response options. Be
advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies for
confidential treatment under 5 U.S.C. 552(b), along with the complete original document you
must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted information
qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days
of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this
Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in
this Notice without further notice to you and to issue a Final Order.
If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in
this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies
(49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your
amended procedures to my office within 30 days of receipt of this Notice. This period may be
extended by written request for good cause. Once the inadequacies identified herein have been
addressed in your amended procedures, this enforcement action will be closed.
It is requested (not mandated) that Crimson Gulf, LLC maintain documentation of the safety
improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of
plans, procedures) and submit the total to R.M. Seeley, Director, Southwest Region, Pipeline and
Hazardous Materials Safety Administration. In correspondence concerning this matter, please
refer to CPF 4-2016-5008M and, for each document you submit, please provide a copy in
electronic format whenever possible.
Sincerely,
R.M. Seeley
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Compliance Proceedings
4

420165008M_PHC Order Directing Amendment_12272016_text.pdf

December 27, 2016
Mr. Larry Alexander
President
Crimson Gulf, LLC
263 Trinity Lane
Gray, LA 70359
Re: CPF No. 4-2016-5008M
Dear Mr. Alexander:
Enclosed please find the Order Directing Amendment issued in the above-referenced case. It
makes findings of inadequate procedures and requires that Crimson Gulf, LLC amend certain of
its operating and maintenance procedures. When the amendment of procedures is completed, as
determined by the Director, Southwest Region, this enforcement action will be closed. Service
of the Order Directing Amendment by certified mail is deemed effective upon the date of
mailing, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. R.M. Seeley, Director, Southwest Region, PHMSA, Office of Pipeline Safety
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Crimson Gulf, LLC, ) CPF No. 4-2016-5008M
)
Respondent. )
____________________________________)
ORDER DIRECTING AMENDMENT
From March 2015 through July 2015, pursuant to 49 U.S.C. § 60117, a representative of the
Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety
(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Crimson
Gulf, LLC (Crimson or Respondent) in Houma, Louisiana and in Crimson’s Delta offshore
pipeline system. Respondent, an affiliate of Crimson Pipeline, LLC, is engaged in the
transportation of crude oil through approximately 500 miles of pipeline.1
As a result of the inspection, the Director, Southwest Region, OPS (Director), issued to
Respondent, by letter dated April 4, 2016, a Notice of Amendment (Notice). The Notice
proposed, in accordance with 49 C.F.R. § 190.237, that Respondent amend its procedures for
operations, maintenance and emergencies.2
Respondent failed to respond within 30 days of receipt of service of the Notice. Under 49 C.F.R.
§ 190.209(c), such failure to respond constitutes a waiver of Crimson’s right to contest the
allegations in the Notice and authorizes the Associate Administrator, without further notice, to
find facts as alleged in the Notice and to issue this Order Directing Amendment under § 190.206.
In this case, the Notice was mailed to Respondent by certified mail (USPS Article No.
9590940303045155018030) on April 7, 2016 and was received by Respondent on April 11,
2016, as shown by the return receipt on file with PHMSA. To date, Respondent has not
acknowledged or responded to the Notice. Under such circumstances, I find it reasonable and
appropriate to enter this Order Directing Amendment without further proceedings.3
1 Crimson Gulf, LLC, website, available at http://www.crimsonpl.com/gulf/index htm# (last accessed September 19,
2016).
2 The Notice was issued in conjunction with a separate Notice of Probable Violation (CPF No. 4-2016-5007). A
Final Order in that case is being issued separately.
3 In the Matter of Tampa Pipeline Corp., Final Order (CPF No. 2-2008-6002) (Apr. 26, 2010), 2010 WL 6531627,
(D.O.T.); see also, In the Matter of Tampa Bay Pipeline Corp., Final Order (CPF No. 2-2005-6012 (Dec. 1, 2006),



CPF No. 4-2016-5008M
Page 2
FINDINGS OF INADEQUATE PROCEDURES
The Notice alleged certain inadequacies in Respondent’s Operations and Maintenance (O&M)
Manual and proposed requiring Crimson to amend its procedures to comply with the provisions
of 49 C.F.R. Part 195, as follows:
Item 1: The Notice alleged that Respondent’s procedures are inadequate to ensure safe operation
of its pipeline facilities because they fail to include proper procedures addressing
49 C.F.R. § 195.402(c)(3), which states:
§ 195.402 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline
system a manual of written procedures for conducting normal operations
and maintenance activities and handling abnormal operations and
emergencies. . . .
. . . .
(c) Maintenance and normal operations. The manual required by
paragraph (a) of this section must include procedures for the following to
provide safety during maintenance and normal operations:
. . . .
(3) Operating, maintaining, and repairing the pipeline system in
accordance with each of the requirements of this subpart and subpart H of
this part.
The Notice alleged that Respondent’s procedures implementing 49 C.F.R. § 195.402(c)(3) are
inadequate. Specifically, the Notice alleges that throughout Crimson’s O&M Manual, Section
H.1 Corrosion Control Procedures, the procedures copy and paraphrase the regulations, and
reference PHMSA’s regulations instead of other Crimson processes and procedures. Crimson's
procedures must be amended to be more specific to the Crimson system, provide adequate
details, and not simply paraphrase PHMSA’s regulations for conducting normal operations and
maintenance activities. The Notice identified the following inadequacies:
1. 2. Section H.l., D.2 “Pipelines That Must Have Coating for External
Corrosion Control procedure to meet the requirements of
§ 195.557. Which pipelines must have coating for external
corrosion control?” currently paraphrases and references the
regulations.
Section H.l., D.3 “Coating Materials procedure to meet the
requirements of § 195.559. What coating material may I use for
external corrosion control?” currently lacks guidance and specifics
on the coating material to be used.
2008 WL 902910 (D.O.T.). PHMSA final orders are generally accessible on the agency’s website, available at
http://primis.phmsa.dot.gov/comm/reports/enforce/Actions.



CPF No. 4-2016-5008M
Page 3
3. Section H.1., D .4 “Pipe Coating Inspections procedure to meet the
requirements of §195.561. When must I inspect pipe coating used
for external corrosion control?” currently lacks detailed guidance
and specifics.
4. Section H. l., D.5 “Pipelines Required to Have Cathodic Protection
procedure to meet the requirements of § 195.563. Which pipelines
must have cathodic protection?” currently paraphrases and
references the regulations.
5. Section H.1., D.8 “Test Leads-Installation & Maintenance
procedure to meet the requirements of § 195.567. Which pipelines
must have test leads and what must I do to install and maintain the
leads?” currently paraphrases and references the regulations.
6. Section H.1., D.9 “Inspections of Exposed Sections of Pipe
procedure to meet the requirements of § 195.569. Do I have to
examine exposed portions of buried pipelines?” currently
paraphrases and references the regulations.
7. Section H.1., D.11 “Monitoring External Corrosion Control
procedure to meet the requirements of § 195.573. What must I do
to monitor external corrosion control?” currently paraphrases and
references the regulations.
8. Section H.1., D.12 “Electrical Isolations, Inspections, Tests, and
Safeguards procedure to meet the requirements of § 195.575”
currently paraphrases and references the regulations.
9. Section H.1., D.14 “Mitigating Internal Corrosion procedure to
meet the requirements of § 195.579. What must I do to mitigate
internal corrosion?” currently does not address pipeline alignment
features such as changes in elevation, low points, sharp bends, and
dead legs that may contribute to internal corrosion by allowing
water to settle out.
10. Section H. l., D.15 “Atmospheric Corrosion and Coating Materials
procedure to meet the requirements of § 195.581. Which pipeline
must I protect against atmospheric corrosion and what coating
material may I use?” currently paraphrases and references the
regulations and lacks details.
11. Section H. l., D.17 “General Corrosion procedure to meet the
requirements of § 195.585. What must I do to correct corroded
pipe?” currently paraphrases and references the regulations and
lacks details.
12. Section H.1., D.18 “How to Determine the Strength of Corroded
Pipe procedure to meet the requirements of § 195.587. What
methods are available to determine the strength of corroded pipe?”
currently paraphrases and references the regulations and lacks
details.



CPF No. 4-2016-5008M
Page 4
Respondent did not contest the proposed Notice of Amendment. Accordingly, I find that
Crimson’s procedures are inadequate to ensure safe operation of its pipeline system. Pursuant to
49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237, Crimson is ordered to amend the above-
described procedures to be more specific to the Crimson system, provide adequate details, and
not simply paraphrase PHMSA’s regulations for conducting normal operations and maintenance
activities.
Item 2: The Notice alleged that Respondent’s procedures are inadequate to ensure safe operation
of its pipeline facilities because they fail to include proper procedures addressing
49 C.F.R. § 195.402(f), which states:
§ 195.402 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline
system a manual of written procedures for conducting normal operations
and maintenance activities and handling abnormal operations and
emergencies. . . .
. . . .
(f) Safety-related condition reports. The manual required by paragraph
(a) of this section must include instructions enabling personnel who perform
operation and maintenance activities to recognize conditions that potentially
may be safety-related conditions that are subject to the reporting
requirements of §195.55.
49 C.F.R. § 195.55 states in part:
§ 195.55 Reporting safety-related conditions.
(a) Except as provided in paragraph (b) of this section, each operator
shall report in accordance with §195.56 the existence of any of the following
safety-related conditions involving pipelines in service:
(1) General corrosion that has reduced the wall thickness to less than
that required for the maximum operating pressure, and localized corrosion
pitting to a degree where leakage might result.
(2) Unintended movement or abnormal loading of a pipeline by
environmental causes, such as an earthquake, landslide, or flood, that
impairs its serviceability.
(3) Any material defect or physical damage that impairs the
serviceability of a pipeline.
(4) Any malfunction or operating error that causes the pressure of a
pipeline to rise above 110 percent of its maximum operating pressure.
(5) A leak in a pipeline that constitutes an emergency.
(6) Any safety-related condition that could lead to an imminent hazard
and causes (either directly or indirectly by remedial action of the operator),
for purposes other than abandonment, a 20 percent or more reduction in
operating pressure or shutdown of operation of a pipeline.
. . . .



CPF No. 4-2016-5008M
Page 5
49 C.F.R. § 195.56 states in part:
§ 195.56 Filing safety-related condition reports.
(a) Each report of a safety-related condition under §195.55(a) must be
filed (received by OPS) within five working days (not including Saturday,
Sunday, or Federal Holidays) after the day a representative of the operator
first determines that the condition exists, but not later than 10 working
days after the day a representative of the operator discovers the condition.
. . .
The Notice alleged that Respondent’s procedures implementing 49 C.F.R. § 195.402(f) are
inadequate. Specifically, the Notice alleges that Crimson’s O&M Manual, Section B.3 “Safety
Related Condition Reporting” did not specify when and what information is required to be
reported to PHMSA under 49 C.F.R. § 195.55. The Notice further alleged that Crimson’s
procedure does not differentiate between the five-working-day time limit to report a safety-
related condition after determining that the condition exists and the 10-working-day time limit to
report the condition after discovery, as required by 49 C.F.R. § 195.56(a).
Respondent did not contest the proposed Notice of Amendment. Accordingly, I find that
Crimson’s procedures are inadequate to ensure safe operation of its pipeline system. Pursuant to
49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237, Crimson is ordered to amend the above-
described procedures to specify when and what information is required to be reported to PHMSA
under 49 C.F.R. § 195.55, and to differentiate between the 5 and 10-day reporting requirements
described in 49 C.F.R. § 195.56(a).
Item 3: The Notice alleged that Respondent’s procedures are inadequate to ensure safe operation
of its pipeline facilities because they fail to include proper procedures addressing 49 C.F.R.
§ 195.413, which states:
§ 195.413 Underwater inspection and reburial of pipelines in the Gulf of Mexico and
its inlets.
(a) Except for gathering lines of 4 1∕2 inches (114mm) nominal outside
diameter or smaller, each operator shall prepare and follow a procedure to
identify its pipelines in the Gulf of Mexico and its inlets in waters less than
15 feet (4.6 meters) deep as measured from mean low water that are at risk
of being an exposed underwater pipeline or a hazard to navigation. The
procedures must be in effect August 10, 2005.
(b) Each operator shall conduct appropriate periodic underwater
inspections of its pipelines in the Gulf of Mexico and its inlets in waters less
than 15 feet (4.6 meters) deep as measured from mean low water based on
the identified risk.
(c) If an operator discovers that its pipeline is an exposed underwater
pipeline or poses a hazard to navigation, the operator shall—
(1) Promptly, but not later than 24 hours after discovery, notify the



CPF No. 4-2016-5008M
Page 6
National Response Center, telephone: 1-800-424-8802, of the location and,
if available, the geographic coordinates of that pipeline.
(2) Promptly, but not later than 7 days after discovery, mark the location
of the pipeline in accordance with 33 CFR Part 64 at the ends of the pipeline
segment and at intervals of not over 500 yards (457 meters) long, except
that a pipeline segment less than 200 yards (183 meters) long need only be
marked at the center; and
(3) Within 6 months after discovery, or not later than November 1 of the
following year if the 6 month period is later than November 1 of the year of
discovery, bury the pipeline so that the top of the pipe is 36 inches (914
millimeters) below the underwater natural bottom (as determined by
recognized and generally accepted practices) for normal excavation or 18
inches (457 millimeters) for rock excavation.
(i) An operator may employ engineered alternatives to burial that meet
or exceed the level of protection provided by burial.
(ii) If an operator cannot obtain required state or Federal permits in time
to comply with this section, it must notify OPS; specify whether the required
permit is State or Federal; and, justify the delay.
The Notice alleged that Crimson’s O&M Manual, Section F.5 “Underwater Inspection and
Reburial of Pipelines in the Gulf of Mexico,” paragraph D.1, copied or paraphrased 49 C.F.R. §
195.413, and did not reference any of Crimson’s own processes or procedures.
Respondent did not contest the proposed Notice of Amendment. Accordingly, I find that
Crimson’s procedures are inadequate to ensure safe operation of its pipeline system. Pursuant to
49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237, Crimson is ordered to amend the above-
described procedures to provide adequate details and guidance as to how Crimson’s staff can
comply with 49 C.F.R. § 195.413, rather than simply copying and paraphrasing the regulatory
text.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
Failure to comply with this Order may result in administrative assessment of civil penalties not
to exceed $200,000 for each violation for each day the violation continues or in referral to the
Attorney General for appropriate relief in a district court of the United States.
Under 49 C.F.R. § 190.243, Respondent has a right to submit a Petition for Reconsideration of
this Order Directing Amendment. The petition must be sent to: Associate Administrator, Office
of Pipeline Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor,
Washington, DC 20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same
address. PHMSA will accept petitions received no later than 20 days after receipt of service of
this Final Order by the Respondent, provided they contain a brief statement of the issue(s) and
meet all other requirements of 49 C.F.R. § 190.243. The filing of a petition automatically stays
the payment of any civil penalty assessed. Unless the Associate Administrator, upon request,



CPF No. 4-2016-5008M
Page 7
grants a stay, all other terms and conditions of this Final Order are effective upon service in
accordance with 49 C.F.R. § 190.5.
December 27, 2016
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety
- **truncated:** false
- **body characters:** 30304