{"operation":"document","citation":"CPF 220055008","title":"TRI-STATES NGL PIPELINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-05-11","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(c)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220055008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220055008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220055008","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220055008","body":"Notice of Probable Violation involving TRI-STATES NGL PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 195,  195.402(c)(4). The case was opened on 2005-05-11 and is reported as closed as of 2006-02-03. Proposed civil penalty: $5,000. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220055008_Final Order_11152005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220055008/220055008_Final%20Order_11152005.pdf\n\n220055008_final order_11152005_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220055008/220055008_final%20order_11152005_text.pdf\n\nFinal Order Tri-State NGL Pipeline CPF No 2-2005-5008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220055008/Final%20Order%20Tri-State%20NGL%20Pipeline%20CPF%20No%202-2005-5008.pdf\n\nFinal Order Tri-State NGL Pipeline CPF No 2-2005-5008.pdf\n\nU.S. Department of Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nNOV 1 5 2005\nMr. Jim Lamanna\nBP Pipelines (North America), Inc.\n28 100 Torch Parkway\nWarrenville, IL 60555\nRE: Tri-States NGL Pipeline CPF No. 2-2005-5008\nDear Mr. Lamanna:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation and assesses a civil penalty of $5,000. The\npenalty payment terms are set forth in the Final Order. This enforcement action closes\nautomatically upon payment. Your receipt ofthe Final Order constitutes service of that document\nunder 49 C.F.R. § 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Mr. Gerald E Schau, HSSE & Integrity Manager, BP Pipelines (North America), Inc.\nMs. Linda Daugherty, Director, Southern Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of 1\n1\nBP Pipelines (North America), Inc.,\n) CPF NO. 2-2005-5008\nTri-States NGL Pipeline, L.L.C. 1\nRespondent.\nFINAL ORDER\nOn December 14-17,2004, pursuant to 49 U.S.C. § 601 17, arepresentative of the Office of Pipeline\nSafety (OPS), Southern Region conducted an on-site pipeline safety inspection of Tri-States NGL\nPipeline facilities and records in Alabama and Mississippi, operated by BP Pipelines (North\nAmerica), Inc.. As a result of the inspection, the Director, Southern Region, OPS, issued to\nRespondent, by letter dated May 11, 2005, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C.F.R. 5190.207, the Notice proposed finding that\nRespondent had violated 49 C.F.R. 5 195.402 and proposed assessing a civil penalty of $5,000 for\nthe alleged violation.\nRespondent failed to respond within 30 days after it had received the Notice. Respondent's failure\nto respond constitutes a waiver of Respondent's right to contest the allegations in the Notice and\nauthorizes the entry of this Final Order.\nFINDINGS OF VIOLATION\n(Uncontested)\nRespondent did not contest the alleged violation in the Notice. Accordingly, I find that Respondent\nviolated 49 C.F.R. Part195, as more fully described in the Notice:\n49 C.F.R. tj 195.402(a) and (c)(4)- failure to include in its O&M manual written\nprocedures for conducting normal operations and maintenance activities and handling\nabnormal operations and emergencies procedures to determine and designate which\npipeline facilities are located in areas that would require an immediate response by\nthe operator to prevent hazards to the public if the facilities failed or malfunctioned.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. 4 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 series of\nviolations. The Notice proposed a total civil penalty of $5,000 for violations of 49 C.F.R. Part\n195.\n49 U.S.C. $60122 and 49 C.F.R. 5 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation,\ndegree of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability\nto pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on\nRespondent's ability to continue in business, and such other matters as justice may require.\nThe Notice proposed a civil penalty of $5,000, as Respondent failed to designate in its 0 & M\nprocedures which pipeline facilities are located in areas that would require an immediate response\nby the operator to prevent hazards to the public if the facilities failed or malfunctioned.\nRespondent did not contest the allegation of violation. The primary objective of the Federal\npipeline safety standards is safe operation of pipeline systems. Failure to comply with 49 C.F.R.\n8 l95.402(~)(4) could cause an untimely response by Respondent's personnel or exacerbate\nproblems during normal operations, abnormal operations or in an emergency, resulting in an\nincrease in the risk of harm to Respondent's personnel and the public. Accordingly, having\nreviewed the record and considered the assessment criteria, I assess Respondent a civil penalty\nof $5,000 for violation of 49 C.F.R. $195.402(~)(4).\nPayment of the civil penalty must be made within 20 days of service. Payment may be made by\nsending a certified check or money order (containing the CPF Number for this case) payable to\n\"U.S. Department of Transportation\" to the Federal Aviation Administration, Mike Monroney\nAeronautical Center, Financial Operations Division (AMZ-120), P.O. Box 25082, Oklahoma\nCity, OK 73125.\nFederal regulations (49 C.F.R. 8 89.21(b)(3)) also permit this payment to be made by wire\ntransfer, through the Federal Reserve Communications System (Fedwire), to the account of the\nU.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire\ntransfers should be directed to: Financial Operations Division (AMZ- 120), Federal Aviation\nAdministration, Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK\n73 125; (405) 954-4719.\nFailure to pay the $5,000 civil penalty will result in accrual of interest at the current annual rate\nin accordance with 3 1 U.S.C. $ 3717,3 1 C.F.R. 4 901.9 and 49 C.F.R. $89.23. Pursuant to those\nsame authrities, a !zte pena!ty charge of six percent (6%) per aisiiil will be charged if payment\nis not made within 1 10 days of service. Furthermore, failure to pay the civil penalty may result\nin referral of the matter to the Attorney General for appropriate action in a United States District\nCourt.\n\n\n\nUnder 49 C.F.R. 5 190.21 5, Respondent has a right to Petition for Reconsideration of this Final\nOrder. The petition must be received within 20 days of Respondent's receipt of this Final Order\nand must contain a brief statement of the issue(s). The filing of a petition automatically stays the\npayment of any civil penalty assessed. However, if Respondent submits payment for the civil\npenalty, the Final Order becomes the final administrative decision and the right to Petition for\nReconsideration is waived. The terms and conditions of this Final Order are effective upon\nrecyit.\nNOV 1 5 2005\nDate Issued\n\n220055008_final order_11152005_text.pdf\n\nU S Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n400 Seventh Street, S W\nWashington, O C 20590\nNOV 15 2005\nMr Jim Lamanna\nBP Pipehnes (North Amenca), Inc\n28100 Torch Parkway\nWarrenvtlle, IL 60555\nRE Tn-States NGL Pipehne CPF No 2-2005-5008\nDear Mr Lamanna\nEnclosed is the Final Order issued by the Associate Administrator for Pipehne Safety in the\nabove-referenced case It makes a finding of violation and assesses a civil penalty of $5, 000 The\npenalty payment terms are set forth in the Final Order This enforcement action closes\nautomatically upon payment Your receipt of the Final Order constitutes service of that document\nunder49C FR $ 190 5\nSmcerely,\nJames Reynolds\nPipeline Comphance Registry\nOffice of Pipeline Safety\nEnclosure\ncc Mr Gerald E Schau, HSSE & Integnty Manager, BP Pipelines (North Amenca), Inc\nMs 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\nBP Pipehnes (North America), Inc,\nTrt-States NGL Pipetroe, L L C\nRespondent.\n)\n) ) CPF No. 2-2005-5008\n)\nFINAL ORDER\nOn December 14-17, 2004, pursuant to 49 U S C Il 60117, a representative of the Office of Pipehne\nSafety (OPS), Southern Region conducted an on-site pipehne safety inspection of Tn-States NGL\nPipehne facihties and records in Alabama and Mississippi, operated by BP Pipelines (North\nAmenca), Inc As a result of the inspection, the Director, Southern Region, OPS, issued to\nRespondent, by letter dated May 11, 2005, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice) In accordance with 49 C F R $190 207, the Notice proposed finding that\nRespondent had violated 49 C F R I'l 195 402 and proposed assessing a civil penalty of $5, 000 for\nthe alleged violation\nRespondent failed to respond within 30 days after it had received the Notice Respondent's fiulure\nto respond constitutes a waiver of Respondent's nght to contest the allegations in the Notice and\nauthonzes the entry of this Final Order\nFINDINGS OF VIOLATION\n(Uncontested)\nRespondent did not contest the alleged violation in the Notice Accordingly, I find that Respondent\nviolated 49 C F R Part195, as more fully descnbed in the Notice\n49 C F R It 195 402(a) and (c)(4)- failure to include in its OkM manual wntten\nprocedures for conducting normal operations and maintenance activities and handhng\nabnormal operations and emergencies procedures to determine and designate which\npipeline facihties are located in areas that would require an immediate response by\nthe operator to prevent hazards to the pubhc if the facihties failed or malfunctioned\nThis finding of violation will be considered a pnor offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U S C tt 60122, Respondent is sub)ect to a civd 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 The Notice proposed a total civil penalty of $5, 000 for violations of 49 C F R Part\n195\n49 U S C tl 60122 and 49 C F R $ 190 225 reqmre that, indetermuung the amount ofthe civil\npenalty, I consider the following criteria nature, circumstances, and gravity of the violation,\ndegree of Respondent's culpability, lustory of Respondent's pnor offenses, Respondent's ability\nto pay the penalty, good fiuth by Respondent in attempting to achieve compliance, the effect on\nRespondent's abdity to continue in business, and such other matters as )ustice may require\nThe Notice proposed a civil penalty of $5, 000, as Respondent failed to designate in its 0 2 M\nprocedures which pipehne facdities are located in areas that would require an immediate response\nby the operator to prevent hazards to the public if the facihties failed or malfunctioned\nRespondent did not contest the allegation of violation The pnmary ob)ective of the Federal\npipeline safety standards is safe operation ofpipehne systems Failure to comply with 49 C F R\nt1195 402(c)(4) could cause an untimely response by Respondent's personnel or exacerbate\nproblems during normal operations, abnormal operations or in an emergency, resultmg m an\nincrease in the risk of harm to Respondent's personnel and the public Accordingly, having\nreviewed the record and considered the assessment cnteria, I assess Respondent a civil penalty\nof $5, 000 for violation of 49 C F R t1195 402(c)(4)\nPayment of the civil penalty must be made witlun 20 days of service Payment may be made by\nsending a certified check or money order (contauung the CPF Number for this case) payable to\n\"U S Department of Transportation\" to the Federal Aviation Administration, Mike Monroney\nAeronautical Center, Fmancial Operations Division (AMZ-120), P 0 Box 25082, Oklahoma\nCity, OK 73125\nFederal regulations (49 C F R $ 89 21(b)(3)) also permit this payment to be made by wire\ntransfer, through the Federal Reserve Communications System (Fedwire), to the account of the\nU S Treasury Detailed instructions are contained in the enclosure Questions conceriung wire\ntransfers should be directed to Financial Operations Division (AMZ-120), Federal Aviation\nAdnunistration, Mike Monroney Aeronautical Center, P 0 Box 25082, Oklahoma City, OK\n73125, (405) 954-4719\nFailure to pay the $5, 000 civil penalty will result in accrual of interest at the current annual rate\nin accordance with 31 U S C $ 3717, 31 C F R t1 '901 9 and 49 C F R $ 89 23 Pursuant to those\nsame authorities, a late pena! ty cage of six percent (6%) per annum wdl be charged if payment\nis not made within 110 days of service Furthermore, failure to pay the civil penalty may result\nin referral of the matter to the Attorney General for appropriate action in a United States Distnct\nCourt\n\n\n\nUnder 49 C F R $ 190 215, Respondent has a nght to Petition for Reconsideration of this Final\nOrder The petition must be received wtthtn 20 days of Respondent's receipt of this Final Order\nand must contain a bnef statement of the tssue(s) The filing of a petition automatically stays the\npayment of any civil penalty assessed However, if Respondent submits payment for the civil\npenalty, the Final Order becomes the final admtntstrahve decision and the right to Petition for\nReconsideration is waived The terms and conditions of this Final Order are effective upon\nrecei t\nace erard Date Issued\nA oc te Admiiustrator\nfor ipehne Safety","truncated":false,"body_characters":14060}