{"operation":"document","citation":"CPF 120125012M","title":"HARBOR PIPELINE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-07-16","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(10).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120125012m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120125012m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120125012m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120125012M","body":"Notice of Amendment involving HARBOR PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(10). The case was opened on 2012-07-16 and is reported as closed as of 2014-03-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120125012M_Closure Letter_03062014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125012M/120125012M_Closure%20Letter_03062014.pdf\n\n120125012M_Closure Letter_03062014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125012M/120125012M_Closure%20Letter_03062014_text.pdf\n\n120125012M_NOA_07162012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125012M/120125012M_NOA_07162012.pdf\n\n120125012M_NOA_07162012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125012M/120125012M_NOA_07162012_text.pdf\n\n120125012M_Operator_Response_Request_for_Hearing_08162012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125012M/120125012M_Operator_Response_Request_for_Hearing_08162012.pdf\n\n120125012M_Order Directing Amendment_09202013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125012M/120125012M_Order%20Directing%20Amendment_09202013.pdf\n\n120125012M_Order Directing Amendment_09202013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120125012M/120125012M_Order%20Directing%20Amendment_09202013_text.pdf\n\n120125012M_Order Directing Amendment_09202013_text.pdf\n\nSEPTEMBER 20, 2013\nMr. Michael J. Hennigan\nPresident\nSunoco Logistics Partners L.P.\nSunoco Pipeline L.P.\n1818 Market St., Suite 1500\nPhiladelphia, PA 19103\nRe: CPF No. 1-2012-5012M\nDear Mr. Hennigan:\nEnclosed please find the Order Directing Amendment issued in the above-referenced case. It\nmakes a finding of inadequate procedures and requires that Sunoco Pipeline L.P. amend certain\noperating and maintenance procedures. When the amendment of procedures has been\ncompleted, as determined by the Director, Eastern Region, this enforcement action will be\nclosed. Service of the Order Directing Amendment by certified mail is effective as provided\nunder 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Byron Coy, Director, Eastern Region, OPS\nBizunesh Scott, Esq., Steptoe & Johnson LLP\n1330 Connecticut Ave. NW, Washington, D.C. 20036\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n___________________________________\nIn the Matter of )\nSunoco Pipeline L.P., ) CPF No. 1-2012-5012M\n)\n)\n)\nRespondent. )\n___________________________________ )\nORDER DIRECTING AMENDMENT\nOn October 11, 2010, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), initiated\nan inspection of the written operations and maintenance procedures of Sunoco Pipeline L.P.\n(Sunoco or Respondent). The inspection was in connection with the investigation of an event\nthat occurred on a pipeline owned by Sunoco in Mansfield Township, New Jersey. Sunoco, a\nsubsidiary of Sunoco Logistics Partners L.P., operates approximately 5,000 miles of hazardous\nliquid pipelines primarily transporting crude oil and refined products in Texas, Oklahoma,\nPennsylvania, Michigan, and several other states.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued a Notice of\nAmendment (Notice) to Respondent on July 16, 2012.2 In accordance with 49 C.F.R. § 190.237,\nthe Notice alleged certain written procedures were inadequate to assure safe operations and\nproposed they be amended.\nSunoco responded to the Notice on August 16, 2012, by requesting a hearing. Sunoco submitted\npre-hearing materials on November 15, 2012. In accordance with § 190.211, a hearing was held\non November 27, 2012, in West Trenton, New Jersey, before the Presiding Official from the\nOffice of Chief Counsel, PHMSA. After the hearing, Respondent submitted a post-hearing brief\non January 12, 2013, and a supplemental letter on February 8, 2013.\nIn its post-hearing materials, Respondent indicated that it no longer contested the Notice and\nagreed to submit amended procedures. Respondent’s withdrawal of its contest authorizes the\nentry of this Order Directing Amendment, which finds the procedures were inadequate and\norders Respondent to amend them as proposed in the Notice.\n1 Sunoco has reported pipeline system information for calendar year 2012 pursuant to 49 C.F.R. § 195.49.\n2 The Notice of Amendment was issued in conjunction with a separate Notice of Probable Violation (CPF No.\n1-2012-5013). A Final Order concerning the Notice of Probable Violation has not yet been issued.\n\n\n\n2\nThe Notice alleged that Respondent’s procedures were inadequate with regard to\n§ 195.402(c)(10), which states:\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies . . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following to\nprovide safety during maintenance and normal operations . . .\n(10) Abandoning pipeline facilities, including safe disconnection from\nan operating pipeline system, purging of combustibles, and sealing\nabandoned facilities left in place to minimize safety and environmental\nhazards. For each abandoned offshore pipeline facility or each abandoned\nonshore pipeline facility that crosses over, under or through commercially\nnavigable waterways the last operator of that facility must file a report\nupon abandonment of that facility in accordance with § 195.59 of this part.\nThe Notice alleged that Respondent’s procedures were inadequate because they lacked\nspecificity for abandoning pipelines. Specifically, Sunoco’s written procedure DOT 195\nMaintenance Manual, Subpart F: Operation and Maintenance, Section 195.402.c.10,\nAbandoning Pipeline Facilities, only had several sentences addressing the process of abandoning\npipelines. In addition, the procedures used ambiguous terms like “if practical” without providing\nguidance about how such terms must be implemented.\nAccordingly, I find Respondent’s procedures were inadequate to assure safe operations.\nPursuant to 49 U.S.C. § 60108(a), Respondent is ordered to make the following revisions to its\nwritten operations and maintenance procedures:\n1. Sunoco must revise its procedures to provide more specificity regarding the abandonment\nof pipeline facilities. Where appropriate, the procedures must provide guidance and\nreference supplemental procedures to ensure that personnel safely and properly abandon\npipeline facilities.\n2. Within 90 days following receipt of this Order, Sunoco must submit procedures that have\nbeen revised pursuant to Item 1, above. All documentation demonstrating compliance\nmust be submitted to the Director, Eastern Region, Office of Pipeline Safety, Pipeline and\nHazardous Materials Safety Administration, 820 Bear Tavern Road, Suite 103, West\nTrenton, NJ 08628.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent demonstrating good cause for an extension.\n\n\n\n3\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000 for each violation for each day the violation continues or referral to the\nAttorney General for appropriate relief in a district court of the United States.\n____________________________ _____________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n120125012M_Closure Letter_03062014_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nOVERNIGHT EXPRESS DELIVERY\nMarch 06, 2014\nDavid Chalson\nVice President, Operations\nSunoco Pipeline L.P.\n4041 Market Street\nAston, PA 19104\nCPF 1-2012-5012M\nDear Mr. Chalson:\nOn September 20, 2013, the Pipeline and Hazardous Materials Safety Administration, Office of\nPipeline Safety, issued to Sunoco Pipeline L.P. an Order Directing Amendment in the above-\nreferenced case. This Order included a requirement to amend your procedures. Based on our\nreview of the documentation you provided, it has been determined that you have complied with\nthe terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":8972}