# NUSTAR PIPELINE OPERATING PARTNERSHIP L.P. — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

320035027_Final Order_03182005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035027/320035027_Final%20Order_03182005.pdf

cpf320035027.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320035027/cpf320035027.pdf

320035027_Final Order_03182005.pdf

u.s. Deponmeil
of Tronsportotion
Plpeline ond
Hozordous moferlols Sotely
Administroflon
400 Se\,/enth Stre€t, S.W.
washinglon, D.C. 20590
l|iAR 1 8 ?Cl]:
Mr. L. Leroy Anderson
Vice President - Regulatory Affairs
Kaneb Pipe Line Company
7340 West 21st Street N., Suite 200
Wichita, KS 67205
Re: CPF No. 3-2003-5027
Dear Mr. Anderson:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in
the above-referenced case. It makes findings of violation and assesses a civil penalty for those
violations. I acknowledge your wire transfer dated January 22,2004, for $12,000 as payment in
fulI of the civil penalty assessed in the Final Order.
This case is now closed and no firrther enforcement action is contemplated with respect
to the matters in this case. Your receipt of the Final Order constitutes service of that document
under49 C.F.R. I 190.5.
Sincerely,
#.-- ftr--*
James Relmolds
Pipeline ComPliance RegistrY
Office of Pipeline SafetY
Enclosure



I U DEPARTMENT OF TRANSPORTATION
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON. DC 20590
In the Matter of
Kaneb Pipe Line Company
Respondent
CPF No. 3-2003-s027
FINAL ORDER
On December 11, 2003, in accordance with 49 C.F.R. $ 190.207, the Director, Central Region,
Office of Pipeline Safety (OPS), issued to Respondent a Notice of Probable Violation and
Proposed Civil Penalty (Notice). The Notice proposed finding that Respondent had committed
violations of 49 C.F.R. Pafi 195 and proposed assessing a civil penalty of $12,000 for the alleged
violations. Respondent responded to the Notice by letter dated March l, 2004 (Response).
Respondent did not contest the allegations or the amount of the proposed civil penalty.
Respondent submitted a wire transfer in the amount of the proposed civil penalty ($12,000),
waiving further right to respond and authorizing the entry of this Final Order.
Pursuant to $ 190.209(aX1) and 49 U.S.C. I 60122,I find that Respondent violated the following
sections of 49 C.F.R. Part 195 as more fully described in the Notice:
49 C.F.R. $ 195.402 - failing to follow its operating and maintenance procedures for
establishing ard maintaining liaison with fire, police, and other appropriate public
officials with respect to the Council Bluffs to Sioux Falls 6-inch pipeline and its lines in
North Dakota; and
49 C.F.R. E 195.442 - failing to provide notice of its pipeline damage prevention
progmm to make excavators aware of the program's existence and how to leam the
location ofunderground pipelines before excavation activities are begun.
These findings of violation will be considered prior offenses in any subsequent cnforcemcnt
action against ResponCent. Having re'r,ieweC the reccrd and consiCered the assessment criteria, I
assess the civil penalty of$12,000 already paid by Respondent.



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The Notice did not propose a civil penalty or corrective action for Item 2 in the Notice, failure to
include appropriate public officials in the public education program, or for Item 4, failure to
maintain records of certain inspections associated with prpe cut-outs. Therefore, these are
considered warning items. Respondent is wamed that if it does not take appropriate action to
correct these items, enforcement action will be taken if a subsequent inipection reveals a
violation.
The lerms and conditions of this Final Order are effective on receiot.
MAB I R mnr
I v 1_\t1_t.l
Date Issued
istrator
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