{"operation":"document","citation":"CPF 22026008WL","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":"2026-05-01","effective_on":null,"summary":"CLOSED warning letter citing 195.403(b)(1), 195.404(c)(3), 195.412(a), 195.428(a), 195.583(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-22026008wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-22026008wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-22026008wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/22026008WL","body":"Warning Letter involving PIPELINES OF PUERTO RICO INCD, THE. PHMSA's enforcement data identifies the cited regulations as 195.403(b)(1),  195.404(c)(3),  195.412(a),  195.428(a),  195.583(a). The case was opened on 2026-05-01 and is reported as closed as of 2026-05-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n22026008WL_Warning Letter_05012026_(23-264878).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22026008WL/22026008WL_Warning%20Letter_05012026_(23-264878).pdf\n\n22026008WL_Warning Letter_05012026_(23-264878)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/22026008WL/22026008WL_Warning%20Letter_05012026_(23-264878)_text.pdf\n\n22026008WL_Warning Letter_05012026_(23-264878)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials\nSafety Administration\n230 Peachtree Street N.W.\nSuite 2100\nAtlanta, GA 30303\n404.832.1147\nWARNING LETTER\nVIA ELECTRONIC MAIL: tampapc@outlook.com\nMay 1, 2026\nRobert Rose\nPresident\nThe Pipelines of Puerto Rico, Inc.\nP.O. Box 15770\nSarasota, FL 34277\nCPF 2-2026-008-WL\nDear Mr. Rose:\nFrom December 4, 2023, through July 24, 2025, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), inspected The Pipelines of Puerto Rico, Inc.’s (PLPR)\nfacilities, records, and procedures in Cataño and San Juan, Puerto Rico.\nAs a result of the inspection, it is alleged that PLPR has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 195.403 Emergency response training.\n(a) . . . .\neach operator shall:\n(b) At the intervals not exceeding 15 months, but at least once each calendar year,\n\n\n\n(1) Review with personnel their performance in meeting the objectives of the\nemergency response training program set forth in paragraph (a) of this section….\nPLPR failed to comply with 49 CFR § 195.403(b)(1) because it did not review with personnel\ntheir performance in meeting the objectives of the emergency response training program.\nSection 4.1 of the PLPR Operations and Maintenance (O&M) Manual (December 2022\nrevision), titled “Training & Annual Review,” required the General Manager to hold a safety\nmeeting at intervals not exceeding one calendar year to review with personnel their\nperformance to ensure employees were able to safely perform assigned duties and follow\nemergency response procedures. The procedure required the results of this review to be\ndocumented on the Fire Drill and Safety Meeting Report. At the time of PHMSA's inspection,\nPLPR failed to provide Fire Drill and Safety Meeting Reports, or any other records, to\ndemonstrate that the required reviews of emergency response training performance were\nconducted each year from 2018 through 2023.\n2. § 195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each\ncalendar year, inspect the surface conditions on or adjacent to each pipeline right-of-\nway. Methods of inspection include walking, driving, flying or other appropriate means\nof traversing the right-of-way.\nPLPR failed to comply with § 195.412(a) because it did not adequately inspect the surface\nconditions on or adjacent to each pipeline right-of-way. Specifically, PLPR failed to maintain\nits right-of-way (ROW) in a condition that allowed for adequate inspection using its chosen\nmethods of walking or driving.\nDuring the field inspection, PHMSA inspectors observed two segments of the ROW\novergrown with trees and vegetation, such that the surface of the ROW was not visible or\naccessible. Consequently, an adequate inspection could not be performed on the following\nsegments:\n• Cataño - approximately 580 feet of ROW immediately outside of PLPR’s Cataño\nfacility, perpendicular to Highway 28.\n• Carolina - approximately 190 feet of ROW parallel to Highway 26, in the immediate\nvicinity of the Luis Munoz International Airport.\n3. § 195.404 Maps and records.\n(a) . . . .\n(c) Each operator shall maintain the following records for the periods specified:\n(1) . . . .\n(3) A record of each inspection and test required by this subpart shall be\nmaintained for at least 2 years or until the next inspection or test is performed,\nwhichever is longer.\n2\n\n\n\n§ 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 case of\npipelines used to carry highly volatile liquids, at intervals not to exceed 71⁄2 months, but\nat least twice each calendar year, inspect and test each pressure limiting device, relief\nvalve, pressure regulator, or other item of pressure control equipment to determine that\nit is functioning properly, is in good mechanical condition, and is adequate from the\nstandpoint of capacity and reliability of operation for the service in which it is used.\nPLPR failed to comply with 49 CFR § 195.404(c)(3) because it did not maintain a record of\neach inspection and test required by Subpart F for at least 2 years or until the next inspection\nor test is performed, whichever is longer. Specifically, PLPR failed to maintain records from\n2018 through 2023 demonstrating the required annual inspection and testing of its\noverpressure safety devices under § 195.428(a) to ensure they were functioning properly and\nin good mechanical condition.\nDuring the inspection, PHMSA requested inspection and testing records for the facility's\noverpressure safety devices. PLPR personnel stated that these inspections are performed\nannually by a third-party contractor. However, at the time of the inspection, PLPR failed to\nprovide any records of overpressure protection device inspections for the years 2018, 2019,\n2020, 2021, 2022, and 2023. Because PLPR was unable to document that any subsequent\ninspections were conducted during this period to supersede the older documents, the\nregulatory obligation to retain the 2018 through 2023 records did not expire.\n4. § 195.583 What must I do to monitor atmospheric corrosion control?\n(a) You must inspect each pipeline or portion of pipeline that is exposed to the\natmosphere for evidence of atmospheric corrosion, as follows:\nIf the pipeline is located: Then the frequency of inspection is:\nOnshore Offshore At least once every 3 calendar years, but\nwith intervals not exceeding 39 months.\nAt least once each calendar year, but with\nintervals not exceeding 15 months.\nPLPR failed to comply with § 195.583(a) because it did not inspect each pipeline, or portion\nof pipeline that is exposed to the atmosphere, for evidence of atmospheric corrosion at least\nonce every 3 calendar years, but with intervals not exceeding 39 months.\nAt the time of PHMSA’s inspection, PLPR failed to demonstrate that an adequate atmospheric\ncorrosion inspection was conducted on the onshore 6-inch pipe crossing the Puerto Nuevo\nRiver. This approximately 1,000-foot segment of pipe runs under the Constitution Bridge of\nthe John F. Kennedy Expressway, resting on roller supports that allow it to move\nindependently of the bridge structure as it spans the waterway.\n3\n\n\n\nDuring the inspection, PLPR produced an atmospheric corrosion inspection record dated\nAugust 18, 2021, which noted tape wrap coating imperfections for the Constitution Bridge\nsegment. Because the record lacked detail regarding how the suspended span was assessed,\nPHMSA inspectors questioned PLPR personnel about their inspection methodology. In\nresponse, PLPR personnel stated that their visual atmospheric corrosion inspections are\nlimited to pipeline segments accessible by walking and driving. Consequently, a large portion\nof the 1,000-foot span over the waterway cannot be reliably evaluated from the accessible\nareas near the shore. When PHMSA inspectors raised this issue, PLPR personnel stated they\ndid not know how they would evaluate the inaccessible portions of the span under the bridge.\nPLPR personnel confirmed this same methodology was utilized during the 2024 inspection.\nConsequently, PLPR failed to adequately inspect this exposed portion of the pipeline during\nthe required 2021 and 2024 inspection cycles. Furthermore, during the field inspection,\nPHMSA inspectors observed disbonding of the tape wrap coating and visible rust on this\nuninspected segment of the Constitution Bridge. Because the inspectors were restricted to the\nsame shore-based vantage point utilized by PLPR, they could not get close enough to evaluate\nthe severity of the rust, directly demonstrating the inadequacy of the operator's limited\ninspection methodology.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a\nrelated series of violations. For violation occurring on or after December 28, 2023 and before\nDecember 30, 2024, the maximum penalty may not exceed $266,015 per violation per day the\nviolation persists, up to a maximum of $2,660,135 for a related series of violations. For violation\noccurring on or after January 6, 2023 and before December 28, 2023, the maximum penalty may\nnot exceed $257,664 per violation per day the violation persists, up to a maximum of $2,576,627\nfor a related series of violations. For violation occurring on or after March 21, 2022 and before\nJanuary 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the\nviolation persists, up to a maximum of $2,391,142 for a related series of violations. For violation\noccurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for\na related series of violations. For violation occurring on or after January 11, 2021 and before\nMay 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nthe Pipelines of Puerto Rico, Inc. being subject to additional enforcement action.\n4\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2026-008. Be advised that all material you submit in response to this enforcement action\nis subject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nJames A. Urisko\nDirector, Southern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Adel Lozada, General Manager, The Pipelines of Puerto Rico, pipelinespr@yahoo.com\nGreg Lipscomb, National Pipeline Manager, The Pipelines of Puerto Rico,\ngreg.lipscomb@panamericanpipelines.com\n5","truncated":false,"body_characters":11827}