{"operation":"document","citation":"CPF 220051014","title":"GULF SOUTH PIPELINE COMPANY, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-09-26","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.465(d), 192.481(c), 192.613(a), 192.615(c), 192.619(a), 192.709(c), 192.739(a), 192.745(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220051014","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220051014","body":"Notice of Probable Violation involving GULF SOUTH PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 192,  192.465(d),  192.481(c),  192.613(a),  192.615(c),  192.619(a),  192.709(c),  192.739(a),  192.745(a). The case was opened on 2005-09-26 and is reported as closed as of 2006-07-20. Proposed civil penalty: $59,000. Assessed civil penalty: $59,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220051014_Final Order_06292006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051014/220051014_Final%20Order_06292006.pdf\n\n220051014_final order_06292006_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051014/220051014_final%20order_06292006_text.pdf\n\nCPF NO 2-2005-1014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220051014/CPF%20NO%202-2005-1014.pdf\n\n220051014_final order_06292006_text.pdf\n\nU S Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n400 Seventh Street, S W\nWeehrngton, D C 20590\nMr John Earley\nSeiuor Vice President\nGulf South Ptpelme Company, L P\n20 East Greenway Plaza\nSmte 900\nHouston, Texas 77074\nRE CPF No 2-2005-1014\nDear Mr Earley\nEnclosed is the Final Order issued by the Associate Administrator for Pipehne Safety in\nthe above-referenced case It makes findings of violation and assesses a civil penalty of\n$59, 000 The penalty payment terms are set forth in the Fmal Order This enforcement action\ncloses automattcally upon payment Your receipt of the Fmal Order constitutes service of that\ndocument under 49 C F R I1 '190 5\nStncerely,\nJames Reynolds\nPipehne Comphance Registry\nOffice of Pipelme Safety\nEnclosure\ncc Ms Linda Daugherty, Director, Southern Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of ) )\nGULF SOUTH PIPELINE COMPANY, L. P.\n, ) CPF No. 2-2005-1014\n)\nRespondent.\nFINAL ORDER\nBetween October 12 -15, October 25-29 and December 6-10, 2004, pursuant to 49 U S C ht 60117,\nrepresentatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Southern\nRegion, Office of Pipeline Safety conducted an on-site pipeline safety inspection of Respondent's\nphpehne facdines m Alabama, Flortda, and Mississippi and reviewed records at Respondent's\nMobde, Alabama, Flowood, Mississippi, and Petal Mississippi offices As a result of the inspection,\nthe Director, Southern Region, OPS, issued to Respondent, by letter dated September 26, 2005, a\nNotice of Probable Violation, and Proposed Civil Penalty (Notice) In accordance with 49 C F R\nh'1 190 207, the Notice proposed finding that Respondent committed violations of 49 C. F R Part 192\nand proposed assessing a total civil penalty of $59, 000 for the alleged violations\nRespondent responded to the Notice by letter dated November 28, 2005 (Response) Respondent\ndhd not contest the allegations of violation but offered an explanation and provided information\nconceriung the corrective actions it has taken Respondent dkd not request a hearing, and therefore\nhas waived hts rtght to one\nFINDINGS OF VIOLATION\nUncontested Violations\nRespondent dhd not contest the alleged violations in Items 3 and 8 o f the Notice Accordingly, I find\nthat Respondent violated the following sections of 49 C F R Part 192 as more fully described m the\nNotice\n49 C F R 5 192 465(a) and (d) — failure to test each pipehne that hs under cathodic\nprotection at least once each calendar year, but with intervals not exceeding 15\nmonths, to determine whether cathodic protection meets the requirements of Q\n192 463 Respondent also failed to take prompt remedial action to correct any\ndeficiencies indicated by the monitormg,\n\n\n\n49 C F R g 192 619(a) 1-4 — failure to operate a segment of steel or plastic pipehne\nat a pressure that does not exceed the maximum allowable operating pressure On\nNovember 6, 2004, a regulator and moiutor failed at Respondent's iYtustler's\nJunction facihty causing an overpressure situation on its Pensacola 16\" lme and\nCourtaulds hne The pressure on the Pensacola 16\" hne and Courtaulds lme\nexceeded the line MAOP for 5 hours and 44 mmutes and exceeded 110% of MAOP\nfor 4 hours and 26 minutes\nThese findings of violation will be considered pnor offenses in any subsequent enforcement action\ntaken agiunst Respondent\nASSESSMENT OF PENALTY\nUnder 49 U S C tJ 60122, Respondent is subJect to a civil penalty not to exceed $100, 000 per\nviolation for each day of the violation up to a maximum of $1, 000, 000 for any related senes of\nviolations\n49 U S C $ 60122 and 49 C F R $ 190 225 require that, in determining the amount of the civil\npenalty, I consider the following cnteria nature, circumstances, and gravity of the violation, degree\nof Respondent's culpability, history of Respondent's pnor offenses, Respondent's abdity to pay the\npenalty, good faith by Respondent m attempting to achieve comphance, the effect on Respondent's\nabdity to continue m business, and such other matters as Justice may require The Notice proposed\na total civil penalty of $59, 000 for violations of 49 C F R Part 192\nItem 3 of the Notice proposed a civil penalty of $9, 000 for violation of 49 C F R g 192 465(a) and\n(d), as Respondent fiuled to test each pipehne that is under cathodic protection at least once each\ncalendar year, but with intervals not exceeding 15 months, to determine whether cathodic protechon\nmeets the reqmrements of Q 192 463 Respondent also failed to take prompt remedial schon to\ncorrect any deficiencies indicated by the mointonng Respondent did not contest the violation or the\ncivil penalty The risk of corrosion on the pipehne significantly increases without proper cathodic\nprotection systems Preventive maintenance is cntical to the safety of the public, environment and\nproperty Accordingly, having reviewed the record and considered the assessment cntena, I assess\nRespondent a civd penalty of $9, 000 for violation of 49 C F R. $ 192 465(a) and (d)\nItem 8 of the Notice proposed a civil penalty of $50, 000 for violation of 49 C F R g 192 619(a), as\nRespondent failed to operate a segment of steel or plastic pipehne at a pressure that does not exceed\nthe maximum allowable operating pressure On November 6, 2004, a regulator and momtor failed\nat Respondent's Whistler's Junction facihty causing an overpressure situation on its Pensacola 16\"\nhne and Courtaulds hne The pressure on the Pensacola 16\" lme and Courtaulds hne exceeded the\nhne MAOP for 5 hours and 44 nunutes and exceeded 110% of MAOP for 4 hours and 26 minutes\nRespondent did not contest the violation or the civil penalty Accordingly, having reviewed the\nrecord and considered the assessment cnteria, I assess Respondent a civil penalty of $50, 000 for\nviolation for 49 C F R g 192 619(a)\n\n\n\nAccordingly, having reviewed the record and considered the assessment cntena, I assess Respondent\na total civil penalty of $59, 000\nPayment of the civil penalty must be made within 20 days of service Federal regulations\n(49 C F R $ 89 21(b)(3)) require this payment be made by wire transfer, through the Federal Reserve\nCommunications System (Fedwtre), to the account of the U S Treasury Detmled instruchons are\ncontamed in the enclosure Questions concenung wire transfers should be duected to Financial\nOperations Division (AMZ-300), Federal Aviation Administration, Mike Monroney Aeronautical\nCenter, P 0 Box 25082, Oklahoma City, OK 73125, (405) 954-8893\nFadure to pay the $59, 000 civil penalty will result m accrual of interest at the current annual rate m\naccordancewtth31U S C 1'1 3717, 31 C F R 11 901 9and49C F R tt 89 23 Pursuanttothosesame\nauthonnes, a late penalty charge of six percent (6%) per annum will be charged if payment is not\nmade within 110 days of service Furthermore, failure to pay the civil penalty may result m referral\nof the matter to the Attorney General for appropnate action m a United States Distnct Court\nWARNING ITEMS\nThe Notice did not propose a civil penalty or comphance action for Items I, 2, 4, 5, 6 and 7 in the\nNotice, therefore, these are considered warning items Respondent is warned that if it does not take\nappropnate action to correct these items, enforcement action will be taken if a subsequent inspection\nreveals a violation\nUnder 49 C F R tt 190 215, Respondent has a nght to submit a Petition for Reconsideration of this\nFinal Order The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a bnef statement of the issue(s) The filmg of the petition automatically\nstays the payment of any civil penalty assessed However if Respondent subnuts payment for the\ncivd penalty, the Final Order becomes the final administrative decision and the right to petition for\nreconsideration is waived The terms and condktions of this Final Order are effective on receipt\nJUN 29 ~00u\nDate Issued\ntac Gerard\nso ate Administrator\nipelme Safety","truncated":false,"body_characters":9031}