{"operation":"document","citation":"CPF 220106003W","title":"PIPELINES OF PUERTO RICO INCD, THE — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-05-05","effective_on":null,"summary":"CLOSED warning letter citing 195.428(a), 195.49.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220106003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220106003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220106003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220106003W","body":"Warning Letter involving PIPELINES OF PUERTO RICO INCD, THE. PHMSA's enforcement data identifies the cited regulations as 195.428(a),  195.49. The case was opened on 2010-05-05 and is reported as closed as of 2010-05-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220106003W_warning letter_05052010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220106003W/220106003W_warning%20letter_05052010.pdf\n\n220106003W_warning letter_05052010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220106003W/220106003W_warning%20letter_05052010_text.pdf\n\n220106003W_warning letter_05052010_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 5, 2010\nRobert Rose\nPresident\nTampa Pipeline Corporation\nP.O. Box 35236\nSarasota, Florida 34242\nCPF 2-2010-6003W\nDear Mr. Rose,\nOn December 8-12, 2009, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nPipelines of Puerto Rico procedures, records and pipeline facilities in Guaynabo, Puerto Rico.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\n1. §195.428 Overpressure safety devices and overfill protection systems\n(a) Except as provided in paragraph (b) of this section, each operator shall, at\nintervals not exceeding 15 months, but at least once each calendar year, or in the\ncase of pipelines used to carry highly volatile liquids, at intervals not to exceed 7½\nmonths, but at least twice each calendar year, inspect and test each pressure\nlimiting device, relief valve, pressure regulator, or other item of pressure control\nequipment to determine that it is functioning properly, is in good mechanical\ncondition, and is adequate from the standpoint of capacity and reliability of\noperation for the service in which it is used.\nBased on the review of the Pipelines of Puerto Rico (PLPR) overpressure protection inspection\nrecord, 6” Pipeline System Inspection Report Safety Relief Devices, it appears the suction and\ndischarge pressure switches for Pump #1 had not been inspected annually from calendar-year\n(CY) 2004 through the end of CY 2006, as required. Review of a certified letter from PLPR to\nPHMSA Southern Region, dated March 25, 2010. Re: Overpressure Safety Devices and\nOverfill Protection Systems, indicated Pump #1 had been out of service from 2/9/2004 to\n\n\n\n6/26/2006 and again from 9/2006 to 12/7/2006. This letter stated the previous owner failed to\neither perform or document the inspection of these devices prior to placing the pump back into\nservice for the period between 6/26/2006 and 9/2006.\nAdditionally, the same overpressure protection inspection record indicated Pump #2 suction\nand discharge switches were not inspected in CY 2007. The inspections preceding and\nsubsequent to CY 2007 were on 11/13/2006 and 3/16/2008, respectively.\n2. §195.49 Annual report\nBeginning no later than June 15, 2005, each operator must annually complete and\nsubmit DOT form RSPA F 7000-1.1 for each type of hazardous liquid pipeline\nfacility operated at the end of the previous year. A separate report is required for\ncrude oil, HVL (including anhydrous ammonia), petroleum products, and carbon\ndioxide pipelines. Operators are encouraged, but not required, to file an annual\nreport by June 15, 2004, for calendar year 2003.\nOur review of the Online Data Entry System (ODES) prior to this standard inspection revealed\nthe CY 2008 Annual Report for Pipelines of Puerto Rico had not been filed. According to\nODES, the most Annual Report for CY 2008 was filed on March 9, 2010 (#20090047).\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000\nfor any related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the item(s) identified\nin this letter. Failure to do so will result in Pipelines of Puerto Rico being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2010-6003W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nLinda Daugherty\nDirector, Southern Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":5142}