{"operation":"document","citation":"CPF 320045027","title":"TE PRODUCTS PIPELINE COMPANY, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-08-27","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.420(b), 195.428.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320045027.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320045027.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320045027","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320045027","body":"Notice of Probable Violation involving TE PRODUCTS PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 195,  195.402(a),  195.420(b),  195.428. The case was opened on 2004-08-27 and is reported as closed as of 2007-05-21. Proposed civil penalty: $3,600. Assessed civil penalty: $3,600. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320045027_Final Order_01032006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320045027/320045027_Final%20Order_01032006.pdf\n\nCPF No 3-2004-5027 Texas Eastern Petroleum Products Company.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320045027/CPF%20No%203-2004-5027%20Texas%20Eastern%20Petroleum%20Products%20Company.pdf\n\n320045027_Final Order_01032006.pdf\n\n@\nU.S. Deporhenl\nof Tronsporlotion\nPlpeline ono\nHozqrdour tyloterlols Sqtely\nAdmlnklrotlon\n400 Sevenlh Streel, S.w.\nWashington, D.C. 20590\nJAN -3 M6\nMr. Leonard Mallett\nVice President of Operations\nTexas Eastern Petroleum products Company\n2929 AllenParkway\nHouston. TX 11252-2521\nRe: CPF No.3-2004-5027\nDear Mr. Mallett:\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 assesses a civil penalty of\n$3,600. The Order also hnds that you have addressed the inadequacies in your procedures that\nwere cited in the Notice of Amendment. When the civil penalty is paid, this enforcement\naction will be closed. The penalty payment terms are set forth in the Final Order. Your\nreceipt of the Final Order constitutes service of that document under 49 C.F.R. g 190.5.\nSincerely,\nJ\"^^ l{''^--\nJames Reynolds\nPipeline Compliance Registry\nOffrce of Pioeline Safety\nEnclosure\nMr. Ivan Huntoon\nDirector, Central Region, OPS\nCERTIFIED MAIL - RI,TURN RECEIPT REOUESTED\n\n\n\noDEPARTMENT OF' TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAF'ETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. D.C. 20590\nIn the Matter of\nTexas Eastern Petroleum\nProducts Company,\nRespondent.\nCPF No. 3-2004-5027\nFINAL ORDER\nOn April 12-30,2004, pursuant to 49 U.S.C. S 601 17, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) conducted an on-site pipeline safety\ninspection of Respondent's facilities and records in Missouri, Illinois, Indiana, and Ohio. As a\nresult of the inspection, the Director, Central Region, PHMSA, issued to Respondent, by letter\ndated August 21 ,2004, a Notice of Probable Violation, Proposed Civil Penalty, and Notice of\nAmendment ('Jotice). In accordance with 49 C.F.R. S 190.207,the Notice proposed finding that\nRespondent had committed violations of 49 C.F.R. Part 195 and proposed assessing a civil\npenalty of $3,600 for the alleged violations. The Notice also proposed, in accordance with 49\nC.F.R. S 190.237, that Respondent amend its procedures for operations, maintenance and\nemergencies.\nRespondent responded to the Notice by letter dated Decemb er 21, 2004 (Response). Respondent\ndid not contest the allegations of violation, but provided information conceming the corrective\nactions it has taken with respect to the inadequacies in its procedures that were identified in Item\nI of the Notice. Respondent did not request a hearing, and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, Respondent did not contest the alleged violations in the Notice. Accordingly, I\nfind that Respondent violated the following section of 49 c.F.R. Part 195, as more fully\ndescribed in the Notice:\n49 C.F.R. S 195.420(b) (Notice Item 2) - failing to inspect and test the nine specified\nmainline valves on the P-35 line during the April 2003 maintenance.\nThis finding ofviolation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nASSESSMENT OF'PENALTY\nUnder 49 U.S.C. S 60l22,Respondent is subject to a civil penalty not to exceed $ 100,000 per\nviolation for each day of the violation up to a maximum of $1,000,000 for any related series of\nviolations.\n49 U.S.C. S 60122 and 49 C.F.R. S 1g0.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation,\ndegree of Respondent's culpability, history of Respondent's prior offenses, Respondenfs ability to\npay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on\nRespondent's ability to continue in business, and such other matters as justice may require,\nWith respect to Item 2, the Notice proposed a civil penalty of $3,600 for failing to inspect and\ntest the nine specified mainline valves on the P-35 line during the April 2003 maintenance.\nPipeline operators are required to inspect and test each mainline valve at least twice each\ncalendar year at an interval not to exceed 7 ll2 months. Timely inspection and testing of\nmainline valves is an important part of pipeline safety because their proper operation can be\ncritical in responding to failure incidents and mitigating releases that could threaten the public,\nproperty, or the environment. Respondent has presented no information that would warrant a\nreduction in the civil penalty amount proposed in the Notice for this violation. Accordingly,\nhaving reviewed the record and considered the assessment criteria, I assess Respondent a civil\npenalty of $3,600 for violating 49 C.F.R. $ 195.420(b).\nPayment of the civil penalty must be made within 20 days of service. Payment may be made by\nsending a certified check or money order (containing the CPF Number for this case) payable to\n\"U.S. Department of Transportation\" to the Federal Aviation Administration, Mike Monroney\nAeronautical Center, Financial Operations Division (AMZ-120), P.O. Box 25082, Oklahoma\nCity, OK 73125.\nFederal regulations (49 C.F.R. S 89.21 (bX3)) also permit this payment to be made by wire\ntransfer, through the Federal Reserve Communications System (Fedwire), to the account of the\nU.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire\ntransfers should be directed to: Financial Operations Division (AMZ-120), Federal Aviation\nAdministration, Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK\n73125; (40s)9s4-4719.\nFailure to pay the $3,600 civil penalty will result in accrual of interest at the current annual rate\ninaccordancewith31U.S.C.E3717,3lC.F.R.S901.9and49C.F.R.S89.23. Pursuantto\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 days of service. Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropriate action in a United\nStates District Court.\n\n\n\nAMENDMENT OF PROCEDURES\nThe Notice alleged inadequacies in Respondent's procedures for operations, maintenance and\nemergencies and proposed to require amendment of Respondent's procedures to comply with the\nrequirements of 49 C.F.R. Part 195. In its response, Respondent submitted copies of its amended\nprocedures, which the Director, Central Region, PHMSA reviewed. Based on the results of this\nreview, I find that Respondent's original procedures as described in the Notice were inadequate\nto ensure safe operation ofits pipeline system, but that Respondent has corrected the identified\ninadequacies. Accordingly, it is unnecessary to issue an order directing amendment.\nWARNING ITEM\nThe Notice did not propose a civil penalty or compliance order for Item 3 in the Notice.\nTherefore, this is considered to be a warning item. The waming was for Respondent's failure to\ninspect and test three thermal relief valves at the Lick Creek Station in accordance with $\n195.428(a). Respondent is warned that if this item is not addressed, enforcement action will be\ntaken if a subsequent inspection 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 Final Order and must contain a brief statement of the issue(s).\nThe hling of a petition automatically stays the payment of any civil penalty assessed. However if\nRespondent submits payment for the civil penalty, the Final Order becomes the final\nadministrative decision and the right to petition for reconsideration is waived. The terms and\nconditions ofthis Final Order are effective on receipt.\nJAil -3 M6\nDate Issued\nb,\"'(l","truncated":false,"body_characters":8545}