{"operation":"document","citation":"CPF 320035010","title":"NUSTAR PIPELINE OPERATING PARTNERSHIP L.P. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-03-13","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.404(b), 195.414, 195.436.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035010","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320035010","body":"Notice of Probable Violation involving NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.. PHMSA's enforcement data identifies the cited regulations as 195.404(b),  195.414,  195.436. The case was opened on 2003-03-13 and is reported as closed as of 2006-03-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320035010_Final Order_01032006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035010/320035010_Final%20Order_01032006.pdf\n\nCPF No 3-2003-5010 Kaneb Pipe Line Operating Partnership LP.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035010/CPF%20No%203-2003-5010%20Kaneb%20Pipe%20Line%20Operating%20Partnership%20LP.pdf\n\n320035010_Final Order_01032006.pdf\n\n,l \\t\nU.S. Deportment\nof Tronsportqtion\nPlpellne ond\nHozonlou3 tlotedol3\nAdmlnbtrollon\n4fi) Seventh Street, S.W.\nWashington, D.C.20590\nSotefy\nJAN -3 M6\nMr. L. Leroy Anderson\nVice President, Regulatory Affairs\nKaneb Pipe Line Operating Partnership, L.p.\n7340 West 21st Street North, Suite 200\nWichita, KS 67205\nRe: CPF No. 3-2003-5010\nDear Mr. Anderson:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes a finding of violation and specifies actions to be taken to\ncomply with the pipeline safety regulations. When the terms of the Compliance Order are\ncompleted, as determined by the Director, Central Region, OPS, this enforcement action will\nbe closed. Your receipt of this Final Order constitutes service of that document under 49\nc.F.R. S 190.s.\nSincerely,\nJ-- h*\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Mr. Ivan Huntoon\nDirector, Central Region, OPS\nCERTIX'IED MAIL. RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF' TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAF'ETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of\nKaneb Pipe Line\nOperating Partnership, L.P.,\nRespondent.\n)\n)\n)\n)\n)\n)\n)\nCPF No.3-2003-5010\nFINAL ORDER\nOn June 4-8, July 16-20, July 30-August 3, and December 10-14, 2}}l,pursuant to 49 U.S.C. S\n60117, representatives of the Central Region, Pipeline andHazardous Materials Safety\nAdministration (PHMSA) conducted an on-site pipeline safety inspection of Respondent's\nfacilities and records in Kansas, South Dakota, Iowa, and Nebraska. As a result of the\ninspection, the Director, Central Region, PHMSA, issued to Respondent, by letter dated March\n13,2003, a Notice of Probable Violation and Proposed Compliance Order (Notice). In\naccordance with 49 C.F.R. S 190.207, the Notice proposed finding that Respondent had\ncommitted violations of 49 C.F.R. Part 195 and proposed that Respondent iake certain measures\nto correct the alleged violations.\nRespondent responded to the Notice by letter dated April 14,2003 (Response). Respondent did\nnot contest the allegations of violation, but provided information concerning the corrective\nactions it has taken in response to the Notice. Respondent did not request a hearing, and\ntherefore has waived its rieht to one.\nFINDING OF VIOLATION\nItem 4 in the Notice alleged that Respondent violated 49 C.F.R. $ 195.436 by failing to\nadequately protect all exposed facilities along its pipeline system from vandalism and\nunauthorized entry. In its Response, Respondent did not contest this alleged violation.\nAccordingly, I find that Respondent violated $ 195.436 by failing to adequately protect all\nexposed facilities along its pipeline system from vandalism and unauthorized entry.\nThis finding cf\n\"'iolation'rill\ntaken against Respondent.\nbe considered a prior offtnse in any subsequent enforcement action\n\n\n\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Item 4 inthe Notice. Under 49 U.S.C.\n$ 60118(a), each person who engages in the transportation of hazardous liquids or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunder chapter 601. Pursuant to the authority of 49 U.S.C. S 60118(b) and 49 C.F.R. S 190.217,\nRespondent is ordered to take the following actions to ensure compliance with the pipeline safety\nregulations applicable to its operations:\n1. Review the security fencing at each pump station and breakout tank in the pipeline system\nto determine which facilities require additional fencing;\n2. Within 60 days following receipt of this Order, submit to the Director, Central Region,\nPHMSA, a general plan anci proposed schedule for fencing each facility lacking adequate\nsecurity fencing; and\n3. Within I year following receipt of this Order, complete all necessary fencing for the\nsystem and submit records documenting completion of these actions to the Director,\nCentral Region, Office of Pipeline Safety, 901 Locust Street, Svite 462, Kansas City,\nMissouri, 64106-2641.\nThe Regional Director may extend the period for complying with any of the required items if the\nRespondent requests an extension in writing and adequately justifies the reasons for the\nextension.\nWARNING ITEMS\nThe Notice did not propose a civil penalty or compliance order for Items I,2, and 3 in the\nNotice. Therefore, these are considered warning items. The warnings were for Respondent's\nfailure to maintain records of responses to abnormal operating conditions involving pumps that\nwere shut down by overpressure protection devices in accordance with $ 195.404(b); failure to\nensure that the cathodic protection for the Philipsburg station area met the applicable criteria in\naccordance with $ 195.414; and failure to include valves on branch lines to pump stations as\nmainline valves subject to inspection in accordance with $ 195.420(b). Respondent is warned\nthat if these items are not fully addressed, enforcement action will be taken if a subsequent\ninspection reveals a violation.\nUnder 49 C.F.R. S 190.215, Respondent has a right to submit a petition for reconsideration of\nthis Final Order. Should Respondent elect to do so, the petition must be received within 20 days\nof Respondent's receipt of this Order and must contain a brief statement of the issue(s). The\nterms of this Order, including any required corrective action, remain in full effect unless the\nAssociate Administrator, upon written request, grants a stay.\nFailure to comply with this Final Order may result in the assessment of civil penalties of up to\n\n\n\n$100,000 per violation per day, or in the referral of the case for judicial enforcement. The terms\nand conditions of this Final order are effective on receipt.\nJAit - 3 trffi\niate Administrator\nk\"Date Issued\nfoi Pipeline Safety","truncated":false,"body_characters":6589}