{"operation":"document","citation":"CPF 220105005","title":"DIXIE PIPELINE COMPANY LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-08-02","effective_on":null,"summary":"CLOSED notice of probable violation citing 190.203(e).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220105005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220105005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220105005","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220105005","body":"Notice of Probable Violation involving DIXIE PIPELINE COMPANY LLC. PHMSA's enforcement data identifies the cited regulation as 190.203(e). The case was opened on 2010-08-02 and is reported as closed as of 2010-12-30. Proposed civil penalty: $78,700. Assessed civil penalty: $78,700. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220105005_Final Order_12302010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105005/220105005_Final%20Order_12302010.pdf\n\n220105005_Final Order_12302010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105005/220105005_Final%20Order_12302010_text.pdf\n\n220105005_NOPV PCP_08022010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105005/220105005_NOPV%20PCP_08022010.pdf\n\n220105005_NOPV PCP_08022010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105005/220105005_NOPV%20PCP_08022010_text.pdf\n\n220105005_Final Order_12302010_text.pdf\n\nDEC 30 2010\nMr. James M. Collingsworth\nPresident\nDixie Pipeline Company\n1100 Louisiana Street\nHouston, Texas 77002-5227\nRE: CPF No. 2-2010-5005\nDear Mr. Collingsworth:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $78,700. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated August 25, 2010. This enforcement action is\nnow closed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or as otherwise provided under 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. Wayne T. Lemoi, Director, PHMSA, OPS Southern Region\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nDIXIE PIPELINE COMPANY, ) CPF No. 2-2010-5005\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nPursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), conducted an investigation of an\naccident involving the pipeline system operated by Dixie Pipeline Company (Dixie or\nRespondent) in Clarke County, Mississippi. Dixie Pipeline Company is a subsidiary of\nEnterprise Products Operating, LLC. Dixie operates approximately 1,300 miles of pipeline\ntransporting propane to customers in the southeastern United States.\nThe investigation arose out of a propane pipeline explosion in Clarke County, Mississippi, that\nresulted in the damage of 10 properties along County Road 621, seven injuries and two fatalities.\nAs a result of the investigation, the Director, Southern Region, OPS (Director), issued to\nRespondent, by letter dated August 2, 2010, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nDixie had violated 49 C.F.R. §190.203(e), and proposed assessing a civil penalty of $78,700 for\nthe alleged violation.\nDixie responded to the Notice by email dated September 2, 2010 (Response). The company did\nnot contest the allegation of violation and paid the proposed civil penalty of $78,700, as provided\nin 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice to\nRespondent.\nFINDING OF VIOLATION\nIn its Response, Dixie did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n190, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 190.203(e), which states in\nrelevant part:\n\n\n\n2\n§ 190.203 Inspections and investigations.\n(a) …\n(e) If a representative of the DOT investigates an incident involving a\npipeline facility, OPS may request that the operator make available to the\nrepresentative all records and information that pertain to the incident in any\nway, including integrity management plans and test results, and that the\noperator afford all reasonable assistance in the investigation.\nThe Notice alleged that Respondent violated 49 C.F.R. § 190.203(e) by failing to make available\nto PHMSA all records and information pertaining to the Dixie pipeline accident on November 1,\n2007, and by failing to afford PHMSA representatives all reasonable assistance in its\ninvestigation of the accident. Specifically, the Notice alleged that Dixie failed to notify PHMSA\nin a timely manner that 10 properties along the pipeline that were damaged by the accident did\nnot receive the Public Awareness Program (PAP) brochures Respondent was supposed to have\nmailed in May 2007. The Notice further alleged that Respondent failed to notify PHMSA in a\ntimely manner that Dixie provided incorrect information regarding its PAP to PHMSA\nrepresentatives at the scene of the accident. Dixie did not relay this information to PHMSA until\nJanuary 22, 2009, more than 14 months after it first learned of the problem.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 190.203(e) by failing to make\navailable to PHMSA representatives all records and information pertaining in any way to the\nNovember 1, 2007 accident and by failing to afford all reasonable assistance in the agency’s\ninvestigation.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":5688}