{"operation":"document","citation":"CPF 220056006","title":"KEY WEST PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-05-10","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.402(c)(14), 195.402(c)(5), 195.422(a), 195.426, 195.54(b), 195.585, 195.587.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220056006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220056006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220056006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220056006","body":"Notice of Probable Violation involving KEY WEST PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(14),  195.402(c)(5),  195.422(a),  195.426,  195.54(b),  195.585,  195.587. The case was opened on 2005-05-10 and is reported as closed as of 2006-01-12. Proposed civil penalty: $3,000. Assessed civil penalty: $0. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220056006_Final Order_11282005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220056006/220056006_Final%20Order_11282005.pdf\n\n220056006_Order Directing Amendment_11282005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220056006/220056006_Order%20Directing%20Amendment_11282005.pdf\n\nFinal Order Pipeline Terminal Management Corp CPF No 2-2005-6006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220056006/Final%20Order%20Pipeline%20Terminal%20Management%20Corp%20CPF%20No%202-2005-6006.pdf\n\n220056006_Final Order_11282005.pdf\n\n@\nU.S. Deportment\nof Tronsportolion\nPipellne ond\nHozordoui l o|1€rlolr Sofety\nAdmlnbtro0lon\n400 S€venth Sueet, S.W.\nWashington, D.C. 20590\nNov 2I m05\nMark Rauch\nPresident\nPipeline & Terminal Management Corp.\nP. O. Box 270415\nHouston, TX77277\nRE: CPF No. 2-2005-6006\nDear Mr, Rauch:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It withdraws the allegation of violation and makes a finding of\ninadequateprocedures and requires amendment ofcertainoperating and maintenance procedures.\nWhen the amendment of procedures is completed, as determined by the Director, Southern\nRegion, this enforcement action will be closed. Your receipt of the Final Order constitutes\nservice of that document under 49 C.F.R. S 190.5.\nSincerely,\n&-\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\nqnlo^*A\n\n\n\nDEPARTMENT OT TRANSPORTATION\nPIPELINE AND IIAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFF'ICE OF' PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nPipeline & Terminal Management Corp., )\nKey West Pipeline )\nRespondent. )\nCPF No. No.2-2005-6006\nORDER DIRECTING AMENDMENT\nOn September29-30,2004, pursuantto 49 U.S.C. S 601 17, arepresentative of the Office ofPipeline\nSafety (OPS) Southern Region, conducted an on-site pipeline safety inspection of Respondent's Key\nWest Pipeline Company facilities and records in Key West, Florida. As a result ofthe inspection,\nthe Director, Southern Region, OPS, issued to Respondent, by letter dated May 10, 2005, a Notice\nof Probable Violation, Proposed Civil Penalty and Notice of Amendment (Notice). In accordance\nwith 49 C.F.R. S 190.207, the Notice proposed finding that Respondent had violated 49 C.F.R. S\n195.402(a) and proposed assessing a civil penalty of $3,000 for the alleged violation. The Notice\nalso proposed, in accordance with 49 C.F.R. S 190.237, that Respondent amend its procedures for\nOperating and Maintenance (O&M).\nRespondent responded to the Notice by letter dated, June 9,2005 (Response). Respondent contested\nthe allegation, offered information inmitigation of the proposed penalty, and expressed its intent to\namend its O & M Procedures Manual. Respondent also requested a hearing. The hearing was held\nviateleconference on August 16, 2005.\nWITHDRAWAL OF ALLEGATION\nThe Notice alleged that Respondent had violated 49 C.F.R. $ 195.402, by failing to verify review\nof its operation and maintenance manual for the years of 2002 and 2003 at intervals not exceeding\nl5 months, but at least once each calendar yeir. At the hearing, Respondent submitted information\nto verifu its O&M review and explained the review process. Based on this information\ndemonstrating compliance with the regulation, I am withdrawing this allegation of violation and\nproposed civil penalty in Itern 1(a).\n\n\n\n2\nAMENDMENT OF' PROCEDURES\nItems I (b-h) ofthe Notice alleged inadequacies in Respondent's Operating and Maintenance Manual\nand proposed to require amendment of Respondent's procedures to comply with the requirements\nof 49 C'F.R. S 195.402. Respondent did not contest the proposed Notice of Amendment.\nAccordingly, I find that Respondent's procedures are inadequate to ensure safe operation of its\npipelinesystem. Pursuantto4gU.S.C.S 60108(a)and49C.F.R. Slg0.23T,Respondentisordered\nto make the following revisions to its procedures. Respondent must -\nl. Amend your procedures to include a process for analyzing pipeline accidents to determine\ntheir causes, in accordance with 49 C.F.R, S 195.a02(c)(5).\n2. Amend your procedures to include adequate precautions in excavated trenches to protect\npersonnel from the hazards ofunsafe accumulations ofvapor or gas, and making available\nwhen needed at the excavation, emergency rescue equipment, including a breathing apparafus\nand a rescue hamess and line, in accordance with 49 C.F.R. S 195.a02@) ee.\n3. Amend your procedures to require the filing of a supplemental report within 30 days of an\naccident when changes in the information reported or additions to the original report on DOT\nForm 7000-l are required, in accordance with 49 C.F.R. S 195.54(b).\n4\nAmend your existing procedwes to ensure that repairs to the pipeline systems are made in\na safe manner and are made so as to prevent damage to persons or property, in accordance\nwith 49 C.F.R. $ 195.422(a).\n5.\nAmend your procedures to require that a launcher or receiver is equipped with a relief device\ncapable of safely relieving pressure in the barrel before insertion or removal of scrapers or\nspheres, in accordance with 49 C.F.R. S 195.426.\n6.\nAmend your procedures to include a process to correct corroded pipe, in accordance with 49\nc.F.R. S 195.585.\n7. Amend your procedures to include the use of methods to determine the strength of corroded\npipe, in accordance with those listed in 49 C.F.R. g 195.587.\n8. Submit the amended procedures to the Regional Director, Southem Region, OPS within 30\ndays following receipt of this Order.\nThe Regional Director may extend the period for complying with any of the required items if the\nRespondent requests an extension and adequatelyjustifies the reasons for the extension.\n\n\n\nJ\nfailure to comply with this Amendment may result in the assessment of civil penalties of up to\n$100,000 per violation per day, or in the referral ofthe case forjudicial enforcement.\nUnder 49 C.F.R. S 190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be received within 20 days of Respondent's receipt of this\nFinal Order and must contain a brief statement of the issue(s). The terms of the ordei, including\nany required coffective action and amendment of procedures, remain in full effect unless the\nAssociate Administrator, upon request, grants a stay. The terms and conditions of this Final\nOrder are effective on receipt.\nt\"Administrator\nNol/ 2I ro05\nDate Issued\n\nFinal Order Pipeline Terminal Management Corp CPF No 2-2005-6006.pdf\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nNOV 2 8 1?005\nMark Rauch\nPresident\nPipeline & Terminal Management Corp.\nP. 0. Box 270415\nHouston, TX 77277\nRE: CPF NO. 2-2005-6006\nDear Mr. Rauch:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It withdraws the allegation of violation and makes a finding of\ninadequate procedures and requires amendment of certain operating and maintenance procedures.\nWhen the amendment of procedures is completed, as determined by the Director, Southern\nRegion, this enforcement action will be closed. Your receipt of the Final Order constitutes\nservice of that document under 49 C.F.R. § 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\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\nPipeline & Terminal Management Corp., Key West Pipeline 1\nRespondent. 1\n1 CPF No. No. 2-2005-6006\nORDER DIRECTING AMENDMENT\nOn September 29-30,2004, pursuant to 49 U.S.C. § 601 17, a representative of the Office of Pipeline\nSafety (OPS) Southern Region, conducted an on-site pipeline safety inspection of Respondent's Key\nWest Pipeline Company facilities and records in Key West, Florida. As a result of the inspection,\nthe Director, Southern Region, OPS, issued to Respondent, by letter dated May 10,2005, a Notice\nof Probable Violation, Proposed Civil Penalty and Notice of Amendment (Notice). In accordance\nwith 49 C.F.R. § 190.207, the Notice proposed finding that Respondent had violated 49 C.F.R. §\n195.402(a) and proposed assessing a civil penalty of $3,000 for the alleged violation. The Notice\nalso proposed, in accordance with 49 C.F.R. § 190.237, that Respondent amend its procedures for\nOperating and Maintenance (O&M).\nRespondent responded to the Notice by letter dated, June 9,2005 (Response). Respondent contested\nthe allegation, offered information in mitigation of the proposed penalty, and expressed its intent to\namend its 0 & M Procedures Manual. Respondent also requested a hearing. The hearing was held\nvia teleconference on August 16,2005.\nWITHDRAWAL OF ALLEGATION\nThe Notice alleged that Respondent had violated 49 C.F.R. § 195.402, by failing to verify review\nof its operation and maintenance manual for the years of 2002 and 2003 at intervals not exceeding\n15 months, but at least once each calendar year. At the hearing, Respondent submitted information\nto verify its O&M review and explained the review process. Based on this information\ndemonstrating compliance with the regulation, I am withdrawing this allegation of violation and\nproposed civil penalty in Item 1 (a).\n\n\n\nAMENDMENT OF PROCEDURES\nItems 1 (b-h) of the Notice alleged inadequacies in Respondent's Operating and Maintenance Manual\nand proposed to require amendment of Respondent's procedures to comply with the requirements\nof 49 C.F.R. § 195.402. Respondent did not contest the proposed Notice of Amendment.\nAccordingly, I find that Respondent's procedures are inadequate to ensure safe operation of its\npipeline system. Pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. 3 190.237, Respondent is ordered\nto make the following revisions to its procedures. Respondent must -\n1. Amend your procedures to include a process for analyzing pipeline accidents to determine\ntheir causes, in accordance with 49 C.F.R. 3 195.402(~)(5).\n2. Amend your procedures to include adequate precautions in excavated trenches to protect\npersonnel from the hazards of unsafe accumulations of vapor or gas, and making available\nwhen needed at the excavation, emergency rescue equipment, including a breathing apparatus\nand a rescue harness and line, in accordance with 49 C.F.R. § 195.402(c) (14).\n3. Amend your procedures to require the filing of a supplemental report within 30 days of an\naccident when changes in the information reported or additions to the original report on DOT\nForm 7000-1 are required, in accordance with 49 C.F.R. § 195.54(b).\n4. Amend your existing procedures to ensure that repairs to the pipeline systems are made in\n- -\na safe manner and are made so as to prevent damage to persons or property, in accordance\nwith 49 C.F.R. 5 195.422(a).\n5. Amend your procedures to require that a launcher or receiver is equipped with a relief device\ncapable of safely relieving pressure in the barrel before insertion or removal of scrapers or\nspheres, in accordance with 49 C.F.R. § 195.426.\n6. Amend your procedures to include a process to correct corroded pipe, in accordance with 49\nC.F.R. § 195.585.\n7. Amend your procedures to include the use of methods to determine the strength of corroded\npipe, in accordance with those listed in 49 C.F.R. § 195.587.\n8. Submit the amended procedures to the Regional Director, Southern Region, OPS within 30\ndays following receipt of this Order.\nThe Regional Director may extend the period for complying with any of the required items if the\nRespondent requests an extension and adequately justifies the reasons for the extension.\n\n\n\nFailure to comply with this Amendment may result in the assessment of civil penalties of up to\n$100,000 per violation per day, or in the referral of the case for judicial enforcement.\nUnder 49 C.F.R. 3 190.21 5, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be received within 20 days of Respondent's receipt of this\nFinal Order and must contain a brief statement of the issue(s). The terms of the order, including\nany required corrective action and amendment of procedures, remain in full effect unless the\nAssociate Administrator, upon request, grants a stay. The terms and conditions of this Final\nOrder are effective on receipt.\nDate Issued\nAdministrator\neline Safety\n\n220056006_Order Directing Amendment_11282005.pdf\n\n@\nU.S. Deportment\nof Tronsportolion\nPipellne ond\nHozordoui l o|1€rlolr Sofety\nAdmlnbtro0lon\n400 S€venth Sueet, S.W.\nWashington, D.C. 20590\nNov 2I m05\nMark Rauch\nPresident\nPipeline & Terminal Management Corp.\nP. O. Box 270415\nHouston, TX77277\nRE: CPF No. 2-2005-6006\nDear Mr, Rauch:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It withdraws the allegation of violation and makes a finding of\ninadequateprocedures and requires amendment ofcertainoperating and maintenance procedures.\nWhen the amendment of procedures is completed, as determined by the Director, Southern\nRegion, this enforcement action will be closed. Your receipt of the Final Order constitutes\nservice of that document under 49 C.F.R. S 190.5.\nSincerely,\n&-\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\nqnlo^*A\n\n\n\nDEPARTMENT OT TRANSPORTATION\nPIPELINE AND IIAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFF'ICE OF' PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nPipeline & Terminal Management Corp., )\nKey West Pipeline )\nRespondent. )\nCPF No. No.2-2005-6006\nORDER DIRECTING AMENDMENT\nOn September29-30,2004, pursuantto 49 U.S.C. S 601 17, arepresentative of the Office ofPipeline\nSafety (OPS) Southern Region, conducted an on-site pipeline safety inspection of Respondent's Key\nWest Pipeline Company facilities and records in Key West, Florida. As a result ofthe inspection,\nthe Director, Southern Region, OPS, issued to Respondent, by letter dated May 10, 2005, a Notice\nof Probable Violation, Proposed Civil Penalty and Notice of Amendment (Notice). In accordance\nwith 49 C.F.R. S 190.207, the Notice proposed finding that Respondent had violated 49 C.F.R. S\n195.402(a) and proposed assessing a civil penalty of $3,000 for the alleged violation. The Notice\nalso proposed, in accordance with 49 C.F.R. S 190.237, that Respondent amend its procedures for\nOperating and Maintenance (O&M).\nRespondent responded to the Notice by letter dated, June 9,2005 (Response). Respondent contested\nthe allegation, offered information inmitigation of the proposed penalty, and expressed its intent to\namend its O & M Procedures Manual. Respondent also requested a hearing. The hearing was held\nviateleconference on August 16, 2005.\nWITHDRAWAL OF ALLEGATION\nThe Notice alleged that Respondent had violated 49 C.F.R. $ 195.402, by failing to verify review\nof its operation and maintenance manual for the years of 2002 and 2003 at intervals not exceeding\nl5 months, but at least once each calendar yeir. At the hearing, Respondent submitted information\nto verifu its O&M review and explained the review process. Based on this information\ndemonstrating compliance with the regulation, I am withdrawing this allegation of violation and\nproposed civil penalty in Itern 1(a).\n\n\n\n2\nAMENDMENT OF' PROCEDURES\nItems I (b-h) ofthe Notice alleged inadequacies in Respondent's Operating and Maintenance Manual\nand proposed to require amendment of Respondent's procedures to comply with the requirements\nof 49 C'F.R. S 195.402. Respondent did not contest the proposed Notice of Amendment.\nAccordingly, I find that Respondent's procedures are inadequate to ensure safe operation of its\npipelinesystem. Pursuantto4gU.S.C.S 60108(a)and49C.F.R. Slg0.23T,Respondentisordered\nto make the following revisions to its procedures. Respondent must -\nl. Amend your procedures to include a process for analyzing pipeline accidents to determine\ntheir causes, in accordance with 49 C.F.R, S 195.a02(c)(5).\n2. Amend your procedures to include adequate precautions in excavated trenches to protect\npersonnel from the hazards ofunsafe accumulations ofvapor or gas, and making available\nwhen needed at the excavation, emergency rescue equipment, including a breathing apparafus\nand a rescue hamess and line, in accordance with 49 C.F.R. S 195.a02@) ee.\n3. Amend your procedures to require the filing of a supplemental report within 30 days of an\naccident when changes in the information reported or additions to the original report on DOT\nForm 7000-l are required, in accordance with 49 C.F.R. S 195.54(b).\n4\nAmend your existing procedwes to ensure that repairs to the pipeline systems are made in\na safe manner and are made so as to prevent damage to persons or property, in accordance\nwith 49 C.F.R. $ 195.422(a).\n5.\nAmend your procedures to require that a launcher or receiver is equipped with a relief device\ncapable of safely relieving pressure in the barrel before insertion or removal of scrapers or\nspheres, in accordance with 49 C.F.R. S 195.426.\n6.\nAmend your procedures to include a process to correct corroded pipe, in accordance with 49\nc.F.R. S 195.585.\n7. Amend your procedures to include the use of methods to determine the strength of corroded\npipe, in accordance with those listed in 49 C.F.R. g 195.587.\n8. Submit the amended procedures to the Regional Director, Southem Region, OPS within 30\ndays following receipt of this Order.\nThe Regional Director may extend the period for complying with any of the required items if the\nRespondent requests an extension and adequatelyjustifies the reasons for the extension.\n\n\n\nJ\nfailure to comply with this Amendment may result in the assessment of civil penalties of up to\n$100,000 per violation per day, or in the referral ofthe case forjudicial enforcement.\nUnder 49 C.F.R. S 190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be received within 20 days of Respondent's receipt of this\nFinal Order and must contain a brief statement of the issue(s). The terms of the ordei, including\nany required coffective action and amendment of procedures, remain in full effect unless the\nAssociate Administrator, upon request, grants a stay. The terms and conditions of this Final\nOrder are effective on receipt.\nt\"Administrator\nNol/ 2I ro05\nDate Issued","truncated":false,"body_characters":18992}