{"operation":"document","citation":"CPF 320045030","title":"SUNOCO PIPELINE L.P. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-09-22","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(c)(3), 195.404, 195.410, 195.420(b), 195.440.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320045030.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320045030.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320045030","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320045030","body":"Notice of Probable Violation involving SUNOCO PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulations as 195,  195.402(c)(3),  195.404,  195.410,  195.420(b),  195.440. The case was opened on 2004-09-22 and is reported as closed as of 2005-10-14. Proposed civil penalty: $6,200. Assessed civil penalty: $6,200. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320045030_Final Order_10142005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320045030/320045030_Final%20Order_10142005.pdf\n\n320045030_Final Order_10142005.pdf\n\nU.S. Department\n400 Seventh Street, S.W.\nof Transportation\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nOCT 14 2005\nMr. David Justin\nVice President\nSunoco Pipeline L.P.\n525 Fritztown Road\nSinking Spring, PA 19608\nRe: CPF No. 3-2004-5030\nDear Mr. Justin:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes findings of violation and assesses a civil penalty of $6,200 for those\nviolations. I acknowledge your wire transfer of $6,200 dated October 27, 2004, as payment in full\nof the civil penalty assessed in the Final Order. The Final Order also finds that you have completed\nthe actions specified in the Notice required to comply with the pipeline safety regulations, and that\nyou have addressed the inadequacies in your procedures that were cited in the Notice of Amendment.\nYour receipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5. This\ncase is now closed.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCC:\nIvan Huntoon\nDirector, Central Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nSunoco Pipeline L.P.,\nRespondent.\nCPF No. 3-2004-5030\nFINAL ORDER\nOn September 22, 2004, in accordance with 49 C.F.R. 5 I90.207, the Director, Central Region,\nOffice ofPipeline Safety (OPS) issued to Respondent aNotice ofProbable Violation, Proposed Civil\nPenalty, Notice of Amendment and Proposed Compliance Order (Notice). The Notice proposed\nfinding that Respondent had committed violations of 49 C.F.R .Part I95,proposed assessing a civil\npenalty of $6,200 for the alleged violations, and proposedthatRespondent take certainmeasures to\ncorrect the alleged violations. The Notice also proposed, in accordance with 49 C.F.R. 5 190.237\n,\nthat Respondent amend its procedures for operations, maintenance and emergencies.\nRespondent responded to the Notice by letter dated October 25,2004 (Response). Respondent did\nnot contest the allegations or the amount of the proposed civil penalty and submitted a wire transfer\nin the amount of the proposed civil penalty ($6,200), waiving further right to respond and\nauthorizing the entry of this Final Order.\nFINDINGS OF VIOLATION\nPursuant to 49 C.F.R. $ 190.209(aX1) and 49 U.S.C. 60122,I find that Respondent violated the\nfollowing sections of 49 C.F.R .Part 195 as more fully described in the Notice:\n49 C.F.R. $ 195.404 (Item 2) - fallingto maintain up-to-date maps of its pipeline systems\nincluding all crossings of certain buried utilities and foreign pipelines;\n49 C.F.R. g 195.410 (Item 3) - failing to maintain line markers displaying a telephone\nnumber where the operator can be reached at all times on a background of sharply contrasting\ncolor at the specified locations;\n49 C.F.R. 5 195.420 (item 4) - failing to adequately inspect and verify proper operation of\nihe speciiie,i rriain line valvcs.\nThese findings of violation will be considered prior offenses in any subsequent enforcement action\ntaken against Respondent. Having reviewed the record and considered the assessment criteia,I\nassess the civil penalty of $6,200 already paid by Respondent'\n\n\n\nL\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Items 2 and 3 in the Notice. Under\n49 U.S.C. $ 60118(a), each person who engages in the transportation of hazardous liquids or who\nowns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under Chapter 601. The Regional Director has indicated that Respondent submitted an\nappropriate schedule for revising the company's maps to reflect all utility crossings and has\ncompleted activities bringing all of its line markers into compliance. Accordingly, since compliance\nhas been achieved with respect to these violations, it is not necessary to include compliance terms\nin this Order.\nAMENDMENT OF PROCEDIIRES\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. Specifically, the Notice alleged that Respondent's procedures\nfor public education were inadequate to enable the public in the vicinity of the pipeline to recognize\nahazardots liquid pipeline emergency and report it to the operator or to police, flre, or other\nappropriate public offi cials.\nIn its response, Respondent submitted copies ofits amended procedures, which the Director, Central\nRegion, OPS reviewed. Based on the results of this review, I find that Respondent's original\nprocedures as described in the Notice were inadequate to ensure safe operation ofits pipeline system,\nbut that Respondent has corrected the identified inadequacies. Accordingly, it is not necessary to\nissue an Order directing Respondent to amend its procedures.\nWARNING ITEM\nThe Notice did not propose a civil penalty or corrective action for Item 5 in the Notice, failure to\nadequatelyestablish a continuing educationproglam ensuringthat stakeholders who maybe involved\nin or affected by excavation activities are notified about its damage prevention program in\naccordance with $ 195.440. Therefore, this is considered to be a warning item. Respondent\npresented information its response showing that it has initiated actions addressing the item, including\nupgrading its mailing lists of stakeholders receiving public awareness materials to ensure their\naccuracy and completeness. Respondent is again warned that if OPS finds a violation for any of\nthese items in a subsequent inspection, enforcement action will be taken.\nThe terms and conditions of this Final Order are effective on teceipt.\nei:T 1 4 ?,t|]5\nDate Issued\n{ k\\1\n\\r,.:\nn\ne Administrator\nPipeline Safety","truncated":false,"body_characters":6556}