{"operation":"document","citation":"CPF 220025006","title":"EXXONMOBIL PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-02-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.406(a)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220025006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220025006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220025006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220025006","body":"Notice of Probable Violation involving EXXONMOBIL PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.406(a)(3). The case was opened on 2002-02-12 and is reported as closed as of 2002-09-05. Proposed civil penalty: $25,000. Assessed civil penalty: $25,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220025006_final order_09052002.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220025006/220025006_final%20order_09052002.pdf\n\n220025006_final order_09052002_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220025006/220025006_final%20order_09052002_text.pdf\n\n220025006_final order_09052002_text.pdf\n\nU. S. Deparfmenr\nof Transporiafton\nResearch and\nSpecial Programs\nAdministration\n400 Seventh Street, S W\nWashington. D C 20590\nSEP -5 2002\nMr. Drew Turner\nVice President, Operations\nExxonMobil Pipeline Company\n800 Bell Street\nHouston, TX 77002\nRe: CPF No. 2-2002-5006\nDear Mr. Turner:\nEnclosed is a Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation of pipeline safety standards. Your receipt\nof the Final Order constitutes service of that document under 49 C. F. R. II190. 5.\nI acknowledge receipt of, and accept the wire transfer dated April 4, 2002, in the amount\nof $25, 000 as payment in full of the civil penalty. This case is now closed and no further\nenforcement action is contemplated with the respect to the inatters involved in this case. Thank you\nfor your cooperation in our joint effort to ensure pipeline safety.\nSincerely,\nGwendolyn M, Kll\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of )\nExxonMobil Pipeline Company )\n)\n)\n)\nRespondent )\nCPF No. 2-2002-5006\nFINAL ORDER\nDuring December 11-13, 2001, pursuant to Chapter 601 of 49 United States Code, a representative\nof the Office of Pipeline Safety (OPS) conducted an onsite pipeline safety inspection of\nRespondent's pipeline facilities and records at the Foreman, Arkansas Pump Station. As a result\nof the inspection, the Director, Southern Region, OPS, issued to Respondent, by letter dated\nFebruary 12, 2002, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In\naccordance with 49 C. F. R. I)190. 207, the Notice proposed finding that Respondent had committed\na violation of 49 C. F. R. Part 195 and proposed assessing a civil penalty of $25, 000 for the alleged\nviolation.\nFINDING OF VIOLATION\nRespondent responded by letter dated March 14, 2002, but did not contest the alleged violation of\n49 C. F. R. Part 195 in the Notice. Accordingly, I find that Respondent violated the following\nsection of Part 195, as more fully described in the Notice:\n49 C. F. R. Ij195. 406(a)(3) — exceeding the maximum operating pressure of 890 psi at the\nForeman Pump Station. The discharge pressure at the Foreman Pump Station varied from\n906 to 910 psi for approximately I '/~ hours.\nThis finding of violation will be considered as a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U. S. C. tj 60122, Respondent is subject to a civil penalty not to exceed $25, 000 per\nviolation for each day of the violation up to a maximum of $500, 000 for any related series of\nviolations.\n\n\n\n49 U. S. C. It 60122 and 49 C. F. R. Il 190. 225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nAccordingly, having reviewed the record and considered the assessment criteria, I assessed a civil\npenalty of $25, 000, already paid by Respondent. The terms and conditions of this Final Order are\neffective upon receipt.\nSEP -5 2002\nDate Issued\nStacey Gerard\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":4295}