{"operation":"document","citation":"CPF 220186001W","title":"CENTRAL FLORIDA PIPELINE CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-02-28","effective_on":null,"summary":"CLOSED warning letter citing 195.505.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220186001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220186001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220186001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220186001W","body":"Warning Letter involving CENTRAL FLORIDA PIPELINE CORP. PHMSA's enforcement data identifies the cited regulation as 195.505. The case was opened on 2018-02-28 and is reported as closed as of 2018-02-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220186001W_Warning Letter_02282018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220186001W/220186001W_Warning%20Letter_02282018.pdf\n\n220186001W_Warning Letter_02282018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220186001W/220186001W_Warning%20Letter_02282018_text.pdf\n\n220186001W_Warning Letter_02282018_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 28, 2018\nMr. James Holland\nPresident, Products Pipelines\nKinder Morgan Energy Partners, L.P.\nCentral Florida Pipeline Company\n500 Dallas Street, Suite 1000\nHouston, TX 77002\nCPF 2-2018-6001W\nDear Mr. Holland:\nFrom October 30, 2017 through November 3, 2017, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\npursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected the Central Florida\nPipeline Company (CFPL) pipeline facilities and records in Tampa, Florida. CFPL is a\nsubsidiary of Kinder Morgan Energy Partners, L.P (KM).\nAs a result of the inspection, it is alleged that CFPL has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item\ninspected and the probable violation is as follows:\n1. §195.505 Qualification program.\nEach operator shall have and follow a written qualification program.\nCFPL failed to meet the regulation because it did not follow provisions of its written\nqualification program. Specifically, it did not ensure personnel performing covered tasks\nwere qualified for those tasks, per its Operator Qualification (OQ) program. CFPL is a\nsubsidiary of KM, and incorporates KM’s OQ Program.\nCFPL inspects its pipeline right-of-way (ROW) by aerial patrol. Per KM’s Task\nQualification Summary Report, the following covered tasks were required to perform\naerial patrolling duties:\n\n\n\n Task Code 101.01, titled “Abnormal Operating Conditions-Outside of Control\nRoom”\n Task Code 104.05, titled “Inspect Surface Condition of Right-of-Way”\nFurthermore, Appendix B of KM’s OQ Program, titled “List of Covered Tasks,” indicated\na 3-year requalification interval for both the above-referenced covered tasks.\nDuring records review, the PHMSA inspector noted the individual performing the aerial\npatrol qualified for the above-referenced tasks on August 19, 2013. Those qualifications\nexpired on December 31, 2016, with no record of any requalification. Further review of\nCFPL’s aerial patrol records for calendar year 2017 indicated the same individual\nperformed regular aerial patrols through October 2017, approximately 10 months after the\nexpiration of their qualification for the required tasks.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $209,002 per violation per day the violation persists, up to a maximum of $2,090,022\nfor a related series of violations. For violations occurring prior to November 2, 2015, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. We have reviewed the\ncircumstances and supporting documents involved in this case, and have decided not to\nconduct additional enforcement action or penalty assessment proceedings at this time. We\nadvise you to correct the items identified in this letter. Failure to do so will result in Central\nFlorida Pipeline Company being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2018-6001W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n2","truncated":false,"body_characters":4503}