{"operation":"document","citation":"CPF 320055013","title":"MUSTANG  PIPE  LINE  LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-03-02","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.404(a)(2), 195.579(b)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055013","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320055013","body":"Notice of Probable Violation involving MUSTANG  PIPE  LINE  LLC. PHMSA's enforcement data identifies the cited regulations as 195.404(a)(2),  195.579(b)(3). The case was opened on 2005-03-02 and is reported as closed as of 2006-11-30. Proposed civil penalty: $11,000. Assessed civil penalty: $1,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320055013_Final Order_07102006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055013/320055013_Final%20Order_07102006.pdf\n\n320055013_Final Order_07262006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055013/320055013_Final%20Order_07262006.pdf\n\n320055013_final order_07262006_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055013/320055013_final%20order_07262006_text.pdf\n\nCPF_3-2005-5013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055013/CPF_3-2005-5013.pdf\n\nCPF_NO_3-2005-5013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055013/CPF_NO_3-2005-5013.pdf\n\nMobil_Pipeline_Company_CPF_3-2005-5013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055013/Mobil_Pipeline_Company_CPF_3-2005-5013.pdf\n\n320055013_final order_07262006_text.pdf\n\no\nU 5 Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n400 Seventh Street, S W\nWashington D C 20590\nJUL 2 8 40'80\nMr Randy Parker\nManaging Partner\nMustang Ptpe Ltne Partners\n800 bell Street, Room EMB-6471\nHouston, TX 77002\nRe CPF No 3-2005-5013\nDear Mr Parker\nEnclosed is the Final Order issued by the Associate Administrator for Pipehne Safety in the\nabove-referenced case It makes a finding of violation and assesses a civd penalty of $1, 000\nThe penalty payment terms are set forth in the Final Order This enforcement action closes\nautomatically upon payment Your receipt of the Ftnal Order constitutes service of that\ndocument under 49 C F R I1 '190 5\nSincerely,\nJames Reynolds\nPipeline Comphance Registry\nOffice of Ptpeltne Safety\nEnclosure\nCc Ivan A Huntoon\nDirector, Central Region, PHP-300\nCERTIFIED MAIL-RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of )\nMustang Pipe Line Partners, )\n)\n)\n)\nRespondent )\nCPF No. 3-2005-5013\nFINAL ORDER\nOn May 11-14, 2004, pursuant to 49 U S C $ 60117, a representative of the Pipehne and\nHazardous Matenals Safety Admuustration, Office of Pipehne Safety (OPS) conducted an on-\nsite pipehne safety inspection of an 18-mch pipeline system in Patoka, Ilhnois, and a 30-mch\npipehne system in Moneka and Joliet, Illinois As a result of the inspection, the Director, Central\nRegion, OPS, issued to Mobil Pipe Lme Company (MPLCo), by letter dated March 2, 2005, a\nNotice of Probable Violation and Proposed Civd Penalty (Notice) In accordance with 49 C F R\n1'1 190 207, the Notice proposed finding that MPLCo had committed violations of 49 C F R Part\n195, snd proposed assessing a civil penalty of $11, 000 for the alleged violations\nMPLCo responded to the Notice by letter dated March 31, 2005 In its response, MPLCo\nclanfied that, as operator of the 30-inch line, it was responding to the portions of the Notice\nrelating to that lme, and that Mustang Pipe Line Partners (MPLP), as operator of the 18-inch line,\nhad agreed to respond to the portions of the Notice relatmg to that hne By letter dated March\n31, 2005, MPLP responded to the portions of the Notice relating to the 18-inch hne MPLP did\nnot contest Item I in the Notice, but phd contest Item 2 in part\nFINDING OF VIOLATION\nItem 2 m the Notice alleged that Respondent violated 49 C F R $ 195 579(b)(3) by fading to\nexamine a corrosion monitonng coupon at the Patoka tank farm at least twice each calendar year,\nbut with intervals not exceeding 7 I/2 months Specifically, the Notice alleged that the specified\ncorrosion coupon was examined only once in 2002 and only once in 2003 In its response,\nRespondent acknowledged that it was unable to venfy that the coupon had been examined a\nsecond time in 2002 Respondent, however, provided documentation demonstrating that the\ncoupon had been exammed twice in calendar year 2003 Accordingly, I find that Respondent\nA separate Final Order addressed to MPLCo relatmg to the 30-mch hne will be issued concurrently with this\nFmal Order\n\n\n\nviolated 49 C F R $ 195 579(b)(3) by fading to examine the corrosion monitonng coupon at the\nPatoka tank farm twice dunng calendar year 2002\nThis finding of violation will be considered a pnor offense in any subsequent enforcement action\ntaken against Respondent\nASSESSMENT OF PENALTY\nUnder 49 U S C ) 60122, Respondent is sub)ect 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 $ 60122 and 49 C F R $ 190 225 require that, in determinmg the amount of the civd\npenalty, I consider the following cnteria nature, circumstances, and gravity of the vtolanon,\ndegree of Respondent's culpabihty, history of Respondent's pnor offenses, Respondent's abihty\nto pay the penalty, good faith by Respondent in attempnng to aclueve compliance, the effect on\nRespondent's abdity to continue in business, and such other matters as 3usnce may require\nWith respect to Item 2, the Notice proposed a civil penalty of $11, 000 for failure to conduct\ntwice yearly exanunations of coupon used to monitor corrosion inlubitors Of this $11, 000,\n$2, 000 related to MPLP's alleged failure to examine the coupon at the Patoka tank farm a second\ntime dunng 2002 and 2003 As discussed above, Respondent provided evidence that this coupon\nhad been examined a second time in 2003 Therefore, I find that a propornonal reduction in the\npenalty amount proposed in the Notice as to MPLP is warranted Accordingly, I assess\nRespondent a civil penalty of $1, 000 for violating 49 C F R ( 195 579(b)(3) by fatling to\nexamme the specified coupon at the Patoka tank farm tvnce dunng calendar year 2002\nRespondent has the ability to pay this penalty without adversely affecting its abihty to continue\nin busmess\nPayment of the civil penalty must be made within 20 days of service Payment may be made by\nsendmg a certified check or money order (contaiiung the CPF Number for this case) payable to\n\"U S Department of Transportation\" to the Federal Aviation Administration, Mike Monroney\nAeronautical Center, Fmancial Operations Division (AMZ-300), P 0 Box 25082, Oklahoma\nCity, OK 73125\nFederal regulations (49 C F R $ 89 21(b)(3)) also permit this payment to be made by wue\ntransfer, through the Federal Reserve Communications System (Fedwire), to the account of the\nU S Treasury Detailed instructions are contained in the enclosure Quesnons concenung wue\ntransfers should be directed to Financial Operations Division (AMZ-300), Federal Aviation\nAdnumstration, Mike Monroney Aeronautical Center, P 0 Box 25082, Oklahoma City, OK\n73125, (405) 954-8893\n\n\n\nFadure to pay the $1, 000 civil penalty will result in accrual of interest at the current annual rate\ninaccordance with 31 US C $ 3717, 31 C FR ( 901 9and49C FR $ 8923 Pursuantto\nthose same authorities, a late penalty charge of stx percent (6%) per annum will be charged if\npayment is not made wtttun 110 days of service Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropnate action m a Uiuted\nStates District Court\nWARNING ITEM\nThe Notice did not propose a civd penalty or corrective action for Item 1 in the Notice—\nRespondent's failure to update its maps with utihty crossing information in accordance with 49\nC F R $ 195 404(a)(2) Therefore, this is considered to be a warning item Respondent\npresented information m its response showing that it has taken action to address the cited item\nRespondent is warned that if it does not correct this item, enforcement action will be taken if a\nsubsequent inspection reveals a violation\nUnder 49 C F R tJ 190 215, Respondent has a right to submit a peution for reconsideration of\ntlus 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 bnef statement of the issue(s)\nThe fihng of a petition automaucally stays the payment of any civil penalty assessed However\nif Respondent submits payment for the civil penalty, the Final Order becomes the final\nadmuustrative decision and the nght to petition for reconsideration is waived The terms and\nconditions of this Final Order are effective on receipt\nJUL 10 200c\nDate Issued\ntac\ns\ny rard\niate Admuustrator\nPipehne Safety\n\n320055013_Final Order_07102006.pdf\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nJUL !0\nMr. John Y. Dupre\nVice President, Manager\nNorthern Operations\nMobil Pipeline Company\n3225 Gallows Road\nRoom 5B2134\nFairfax, VA 22037\nRe: CPF No. 3-2005-5013\nDear Mr. Dupre:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It withdraws one of the allegations of viollation and gives you a\nwarning with respect to the other. Your receipt of the Final Order corpstitutes service of that\ndocument under 49 C.F.R. 5 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Ivan A. Huntoon\nDirector, Central Region, PHP-300\nCERTIFIED MAIL -RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of\nMobil Pipe Line Co., ) CPF NO. 3-2005-5013\nRespondent\n)\n)\n1\n1\n1\nFINAL ORDER\nOn May 1 1-14,2004, pursuant to 49 U.S.C. 5 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration, Office of Pipeline Safety (QPS) conducted an on-\nsite pipeline safety inspection of a 30-inch pipeline system in Moneka and Joliet, Illinois, and an\n18-inch pipeline system in Patoka, Illinois. As a result of the inspection, the Director, Central\nRegion, OPS, issued to Mobil Pipe Line Company (MPLCo), by letter dated March 2,2005, a\nNotice of Probable Violation and Proposed Civil Penalty (Notice). In aacordance with 49 C.F.R.\n§ 190.207, the Notice proposed finding that MPLCo had committed viol~tions of 49 C.F.R. Part\n195 and proposed assessing a civil penalty of $1 1,000 for the alleged vi~lations.\nMPLCo responded to the Notice by letter dated March 3 1,2005. In its nesponse, MPLCo\nclarified that, as operator of the 30-inch line, it was responding to the partions of the Notice\nrelating to that line, and that Mustang Pipe Line Partners (MPLP), as operator of the 18-inch line,\nhad agreed to respond to the portions of the Notice relating to that line.' MPLCo did not contest\nItem 1 in the Notice, but did contest Item 2 and requested that it be withdrawn.\nWITHDRAWAL OF ALLEGATION\nItem 2 of the Notice alleged that Respondent violated 49 C.F.R. § 195.579(b)(3) by failing to\nexamine certain corrosion monitoring coupons at the Joliet refinery and the Moneka terminal at\nleast twice each calendar year, but with intervals not exceeding 7 112 months. Specifically, the\nNotice alleged that five specified corrosion coupons were examined only once in 2003. In its\nresponse, Respondent presented information demonstrating that corrosion inhibitors have never\nbeen injected into the 30-inch pipeline system and breakout tanks. Therefore, the specified\n' A separate Final Order addressed to MPLP relating to the 18-inch line will be issued concurrently with this Final\nOrder.\n\n\n\ncoupons are not subject to the requirement for twice yearly examinations. Accordingly, I am\nwithdrawing this allegation.\nWARNING ITEM\nThe Notice did not propose a civil penalty or corrective action for Item 1 in the Notice-\nRespondent's failure to update its maps with utility crossing information in accordance with 49\nC.F.R. § 195.404(a)(2). Therefore, this is considered to be a warning item. Respondent\npresented information in its response showing that it has taken action to address the cited item.\nRespondent is warned that if it does not correct this item, enforcement action will be taken if a\nsubsequent inspection reveals a violation.\nThe terms and conditions of this Final Order are effective on receipt.\nJUL 1 0\nDate Issued\n~ s w i a t e Administrator\nfor Pipeline Safety","truncated":false,"body_characters":12456}