{"operation":"document","citation":"CPF 320035027","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":"2003-12-11","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(c)(12), 195.440, 195.442(c)(2), 195.589.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035027.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035027.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320035027","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320035027","body":"Notice of Probable Violation involving NUSTAR PIPELINE OPERATING PARTNERSHIP L.P.. PHMSA's enforcement data identifies the cited regulations as 195,  195.402(c)(12),  195.440,  195.442(c)(2),  195.589. The case was opened on 2003-12-11 and is reported as closed as of 2005-03-18. Proposed civil penalty: $12,000. Assessed civil penalty: $12,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320035027_Final Order_03182005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035027/320035027_Final%20Order_03182005.pdf\n\ncpf320035027.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035027/cpf320035027.pdf\n\n320035027_Final Order_03182005.pdf\n\nu.s. Deponmeil\nof Tronsportotion\nPlpeline ond\nHozordous moferlols Sotely\nAdministroflon\n400 Se\\,/enth Stre€t, S.W.\nwashinglon, D.C. 20590\nl|iAR 1 8 ?Cl]:\nMr. L. Leroy Anderson\nVice President - Regulatory Affairs\nKaneb Pipe Line Company\n7340 West 21st Street N., Suite 200\nWichita, KS 67205\nRe: CPF No. 3-2003-5027\nDear Mr. Anderson:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes findings of violation and assesses a civil penalty for those\nviolations. I acknowledge your wire transfer dated January 22,2004, for $12,000 as payment in\nfulI of the civil penalty assessed in the Final Order.\nThis case is now closed and no firrther enforcement action is contemplated with respect\nto the matters in this case. Your receipt of the Final Order constitutes service of that document\nunder49 C.F.R. I 190.5.\nSincerely,\n#.-- ftr--*\nJames Relmolds\nPipeline ComPliance RegistrY\nOffice of Pipeline SafetY\nEnclosure\n\n\n\nI U DEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nKaneb Pipe Line Company\nRespondent\nCPF No. 3-2003-s027\nFINAL ORDER\nOn December 11, 2003, in accordance with 49 C.F.R. $ 190.207, the Director, Central Region,\nOffice of Pipeline Safety (OPS), issued to Respondent a Notice of Probable Violation and\nProposed Civil Penalty (Notice). The Notice proposed finding that Respondent had committed\nviolations of 49 C.F.R. Pafi 195 and proposed assessing a civil penalty of $12,000 for the alleged\nviolations. Respondent responded to the Notice by letter dated March l, 2004 (Response).\nRespondent did not contest the allegations or the amount of the proposed civil penalty.\nRespondent submitted a wire transfer in the amount of the proposed civil penalty ($12,000),\nwaiving further right to respond and authorizing the entry of this Final Order.\nPursuant to $ 190.209(aX1) and 49 U.S.C. I 60122,I find that Respondent violated the following\nsections of 49 C.F.R. Part 195 as more fully described in the Notice:\n49 C.F.R. $ 195.402 - failing to follow its operating and maintenance procedures for\nestablishing ard maintaining liaison with fire, police, and other appropriate public\nofficials with respect to the Council Bluffs to Sioux Falls 6-inch pipeline and its lines in\nNorth Dakota; and\n49 C.F.R. E 195.442 - failing to provide notice of its pipeline damage prevention\nprogmm to make excavators aware of the program's existence and how to leam the\nlocation ofunderground pipelines before excavation activities are begun.\nThese findings of violation will be considered prior offenses in any subsequent cnforcemcnt\naction against ResponCent. Having re'r,ieweC the reccrd and consiCered the assessment criteria, I\nassess the civil penalty of$12,000 already paid by Respondent.\n\n\n\nf'\n\\M \\ tr\"\nThe Notice did not propose a civil penalty or corrective action for Item 2 in the Notice, failure to\ninclude appropriate public officials in the public education program, or for Item 4, failure to\nmaintain records of certain inspections associated with prpe cut-outs. Therefore, these are\nconsidered warning items. Respondent is wamed that if it does not take appropriate action to\ncorrect these items, enforcement action will be taken if a subsequent inipection reveals a\nviolation.\nThe lerms and conditions of this Final Order are effective on receiot.\nMAB I R mnr\nI v 1_\\t1_t.l\nDate Issued\nistrator","truncated":false,"body_characters":4188}