{"operation":"document","citation":"CPF 320025021","title":"JAYHAWK PIPELINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-12-11","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.406(a)(5), 195.436.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320025021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320025021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320025021","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320025021","body":"Notice of Probable Violation involving JAYHAWK PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.406(a)(5),  195.436. The case was opened on 2002-12-11 and is reported as closed as of 2007-07-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320025021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025021/320025021.pdf\n\n320025021_final order_12112003.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320025021/320025021_final%20order_12112003.pdf\n\n320025021_final order_12112003.pdf\n\no\nUS.Deporlmenl\nof Tronsportotion\nReseorch ond\nSpeciol Progroms\nAdministrotion\n400 Sevenlh St . S W\nWashngton, D C 20590\nDEC 1 1 t{j,-i3\nMr. Myron Hoover\nGeneral Manager\nJayhawk Pipeline, L.L.C.\nP.O. Box 1404\n1391 Iron Horse Road\nMcPherson, Kansas 67460\nRe: CPF No. 3-2002-5021\nDear Mr. Hoover:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes findings of violation and requires certain corrective action. When\nthe terms of the compliance order are completed, as determined by the Director, Central Region, this\nenforcement action will be closed. Your receipt of this Final Order constitutes service of that\ndocument under 49 C.F.R. 6 190.5.\nSincerely,\n)*'^ lA-\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nJayhawk Pipeline, L.L.C.\nRespondent\nCPF No. 3-2002-502r\nFINAL ORDER\nOnJune 18-29,2001, pursuant to 49 U.S.C. $ 60llT,arepresentative of the Office of Pipeline\nSafety (OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and records\nin McPherson, Kansas, as well as field facilities within Kansas, Oklahoma and Texas. As a result\nofthe inspection, the Director, Central Region, OPS, issued to Respondent, by letter dated December\n7I,2002, a Notice of Probable Violation and Proposed Compliance Order (Notice). ln accordance\nwith 49 c.F.R. $ 190.207, the Notice proposed finding that Respondent had violated 49 c.F.R.\n$$ 195.406(aX5) and 195.43 6 and proposed that Respondent take certain measures to correct the\nalleged violations.\nRespondent responded to the Notice by letter dated January 7,2003 (Response). Respondent\ncontested Item 2 ofthe alleged violations and provided information concerning the corrective actions\nit had taken. Respondent did not request a hearing, and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nItem I of the Notice alleged that Respondent violated 49 C.F.R. $ 195.406(aX5). In its Response,\nRespondent did not contest the alleged violation. Accordingly, I find that Respondent violated\n49 C.F.R. $ 195.406(a)(5) by failing to have sufficient records to correctly establish the maximum\noperating pressure for the following segments of its ERW pipeline: the 8-inch Susank to Geneseo,\nthe 8-inch Geneseo to Inman, the 8-inch Burrton to Inman, the Valley Center to Inman, and the 6-\ninch Inman to McPherson, Respondent did not have sufficient records to satisfy the requirement that\nthe maximum operating pressure shall be no greater than 80 percent of the operating pressure that\nthe pipeline was subjected to for 4 or more continuous hours that can be demonstrated by recording\ncharts or logs.\n\n\n\nL\nItem 2 of the Notice alleged that Respondent violated 49 C.F.R. $ 195.436 by failing to provide\nadequate security protection for its Sublette and Schurr, Kansas facilities and breakout tank areas.\nSection 195.436 requires Respondent to provide protection for each pumping station and breakout\ntank area and other exposed facility from vandalism and unauthoriz\"i.rrtry. Respondent has\ninstalled eight-foot chain link security fences around its breakout tank ladders and chains on the\nvalves. The Notice alleges that these measures alone do not provide adequate security protection\nunder $ 195.436.\nln its Response, Respondent contended that its securitymeasures are adequate to protect its facilities.\nRespondent asserted that its facilities are located in an isolated rural area, which presents a low risk\nof security breach. For this reason, Respondent argued, the fencing around the tank ladders and the\nlocks on the valves provide an adequate degree ofprotection from vandalism and unauth orizedentrv.\nand therefore comply with $ 195.436.\nSection L95.436 requires that each operator provide protection for each pumping station and\nbreakout tank area and other exposed facility from vandalism and unauth orizedentry. Respondent's\nchain link fence installations surround its breakout tank ladders, but do not protect the breakout tank\nareas as $ 195.436 requires. Similarly, the valve locks Respondent has in place do not afford\nprotection for the areas that Respondent is required to protect. I find no support in the regulation for\nRespondent's assertion that it is permitted to take lesser precautions for facilities located in isolated\nrural areas. The regulation requires that each pumping station and breakout tank area and other\nexposed facility be protected. Respondent's security measures do not afford protection for these\nareas; and therefore, they do not meet the minimum requirements for security under $ 195.436.\nAccordingly, I find that Respondent violated 49 C.F.R. $ 195.436 by failing to provide adequate\nsecurity protection for the breakout tank areas and the other exposed facilities at its Sublette and\nSchurr, Kansas facilities.\nThese findings of violation will be considered prior offenses in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order for the violations of 49 C.F.R. $$ 195.406(a)(5) and\n195.436. Respondent has demonstrated corrective action addressing Item 1 in the Proposed\nCompliance Order by establishing the maximum operating pressure of the specified line segments.\nBecause Respondent's actions satisfied the proposed compliance terms, no need exists to issue a\ncompliance order for the violation of $ 195.a06(aX5).\nUnder 49 U.S.C. $ 601 1S(a), each person who engages in the transportation of hazardous liquids or\nwho owns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under Chapter 601. Pursuant to the authority of 49 U.S.C. $ 601 18(b) and 49 C.F.R. $\nI90.2l7,Respondent is ordered to take the following actions to ensure compliance with the pipeline\nsafety regulations applicable to its operations:\n\n\n\nJ\n1).\nEvaluate the security fencing at each of your pump stations and breakout tank areas to\ndetermine which facilities require improved or additional fencing.\n2).\nSubmit plans and proposed scheduling for improved or additional fencing for each facility\nlacking adequate security fencing to the Director, Central Region, OPS, for approval. The\nplans shall be submitted within 60 days following your receipt of this Final Order. All\nsecurity fence improvements and additions shall be completed within I year following your\nreceipt of this Final Order.\n3).\nAfter preparing records and completing actions required by this Final Order, submit the\nrecords and notices of completed actions to the Director, Central Region, OPS.\nThe Director, Central Region, OPS, may grant an extension of time to comply with any of the\nrequired items upon a written request by the Respondent demonstrating good cause for an extension.\nFailure to comply with this Final Order 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. $ 190.215, Respondent has a right to submit a Petition for Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s). The terms of the order, including any\nrequired corrective action, remain in full effect unless the Associate Administrator, upon request,\ngrants a stay. The terms and conditions of this Final Order are effective on receipt.\nDEC 1 1 ?0C3\nDate Issued\n, Stacev Gerard L\n44rro.iute Administratorfor Pipeline Safety","truncated":false,"body_characters":8299}