{"operation":"document","citation":"CPF 320055027","title":"COFFEYVILLE RESOURCES CRUDE TRANSPORTATION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-06-15","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(c)(12), 195.402(c)(3), 195.428(d), 195.440.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055027.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055027.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055027","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320055027","body":"Notice of Probable Violation involving COFFEYVILLE RESOURCES CRUDE TRANSPORTATION, LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(12),  195.402(c)(3),  195.428(d),  195.440. The case was opened on 2005-06-15 and is reported as closed as of 2007-05-30. Proposed civil penalty: $3,000. Assessed civil penalty: $3,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320055027_Final Order_05072007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055027/320055027_Final%20Order_05072007.pdf\n\n320055027_final order_05072007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055027/320055027_final%20order_05072007_text.pdf\n\n320055027_final order_05072007_text.pdf\n\nU. S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n400 Seventh Street, S W\nWashington, D C 20590\nMr. Keith Osborn\nExecutive Vice President\nCoffeyville Resources Crude Transportation, LLC.\nP. O. Box 1566\nCoffeyville, Kansas 67337\nMAY 7 m~\nRe: CPF No. 3-2005-5027\nDr. Mr. Osborn:\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 $3, 000.\nThe penalty payment terms are set forth in the Final Order. This enforcement action closes\nautomatically upon payment. Your receipt of the Final Order constitutes service of that\ndocument under 49 C. F. R, $ 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 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\nCoffeyville Resources\nCrude Transportation LLC.\n,\nRespondent\nCPF No. 3-2005-5027\nFINAL ORDER\nOn April 4-7, 2005, pursuant to 49 U. S. C. $ 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety conducted an\non-site pipeline safety inspection of Respondent's facilities and records in Bartlesville,\nOklahoma, Coffeyville, Kansas and Wichita, Kansas. As a result of the inspection, the Director,\nCentral Region, PHMSA, issued to Respondent, by letter dated June 15, 2005, a Notice of\nProbable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C. F. R. $\n190. 207, the Notice proposed finding that Respondent had committed violations of 49 C. F. R.\nPart 195, and proposed assessing a civil penalty of $3, 000 for the alleged violations.\nBy letter dated July 20, 2005, Respondent requested an extension of the 30-day deadline to\nrespond to the Notice. The Director, Central Region, PHMSA granted Respondent an extension\nuntil September 2, 2005. Respondent responded to the Notice by letter dated August 10, 2005\n(Response). Respondent did not contest the alleged violations but submitted information\nregarding corrective actions it had taken and requested a reduction in the proposed penalty.\nRespondent did not request a hearing, and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the alleged violations in the Notice. Accordingly, I\nfind that Respondent violated the following sections of 49 C. F. R. Part 195, as more fully\ndescribed in the Notice:\n49 C. F. R. $ 195. 442(c)(2) (Notice Item 1) — failure to follow procedures for notifying the\npublic and excavators of a damage prevention program. Respondent did not follow its\nwritten operating and maintenance procedures requiring that annual notifications be made;\nalld\n\n\n\n49 C. F. R. $ 195. 402(c)(12) (Notice Item 2) — failure to follow written procedures for\nestablishing and maintaining liaison with emergency responders and public officials.\nRespondent did not have records to indicate that it had established liaison with fire, police,\nemergency, and other appropriate public officials in either Oklahoma or Kansas for 2003 or\n2004.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U. S. C. $ 60122, 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. $ 60122 and 49 C. F. R. $ 190. 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, Respondent's ability\nto pay 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 1, the Notice proposed a civil penalty of $1, 000 for Respondent's failure to\nfollow written procedures regarding notification of its damage prevention program. Notifying\nexcavators of the damage prevention program is important to minimize the potential for third\nparty damage to the pipelines. We acknowledge that Respondent has initiated corrective\nmeasures to improve the notification system. Respondent, however, has presented no\ninformation that would warrant a reduction in the civil penalty amount proposed in the Notice for\nthis violation. Accordingly, I assess Respondent a civil penalty of $1, 000 for violating 49 C. F. R.\n$ 195. 442(c)(2).\nWith respect to Item 2, the Notice proposed a civil penalty of $2, 000 for Respondent's failure to\nfollow written procedures for establishing and maintaining liaison with emergency responders\nand public officials. Establishing and maintaining liaison with emergency responders and public\nofficials is important because emergency responders would likely be required to act in response\nto any accidents involving the pipeline. We acknowledge that Respondent has begun\nimplementing new procedures for establishing and maintaining contact with emergency\nresponders and public officials. Respondent, however, has presented no information that would\nwarrant a reduction in the civil penalty amount proposed in the Notice for this violation.\nAccordingly, I assess Respondent a civil penalty of $2, 000 for violating 49 C. F. R.\n195. 402(c)(12).\nFor the forgoing reasons, having reviewed the record and considered the assessment criteria, I\nassess Respondent a total civil penalty of $3, 000. There is nothing in the record indicating that\npayment of this penalty would adversely affect Respondent's ability to continue in business.\nPayment of the civil penalty must be made within 20 days of service. Payment may be made by\n\n\n\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-300), P. O. Box 25082, Oklahoma\nCity, OK 73125.\nFederal regulations (49 C. F. R. $ 89. 21(b)(3)) 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-300), Federal Aviation\nAdministration, Mike Monroney Aeronautical Center, P. O. Box 25082, Oklahoma City, OK\n73125; (405) 954-8893.\nFailure to pay the $3, 000 civil penalty will result in accrual of interest at the current annual rate\nin accordance with 31 U. S. C. $ 3717, 31 C. F. R. $ 901. 9 and 49 C. F. R. $ 89. 23. Pursuant to\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.\nWARNING ITEMS\nWith respect to Items 3 and 4, the Notice alleged probable violations of Part 195 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n49 C. F. R. $ 195. 428(d) (Notice Item 3) — failure to document inspection or\ntesting of overfill protection systems. Respondent did not have specific records\ndocumenting inspection or testing of the overfill protection systems for the\nOklahoma and Kansas pipelines; and\n49 C. F. R. $ 195. 440 (Notice Item 4) — failure to establish a continuing education\nprogram for government or local officials. Respondent did not have records to\nindicate that it was conducting continuing education for government or local\nofficials along the Oklahoma and Kansas pipelines.\nRespondent presented information in the response showing that it had taken action toward\naddressing the cited items. Having considered such information, I find that these items constitute\nprobable violations under 49 C. F. R. $ 190. 205, and Respondent is hereby advised to correct\nsuch conditions. In the event that PHMSA finds a violation of said items in a subsequent\ninspection, Respondent may be subject to future enforcement action.\nUnder 49 C. F. R. $ 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 filing of a petition automatically stays the payment of any civil penalty assessed. However,\nif Respondent submits payment for the civil penalty, the Final Order becomes the final\n\n\n\nadministrative decision and the right to petition for reconsideration is waived. The terms and\nconditions of this Final Order are effective on receipt.\nffre . Wiese\nA in Associate Administrator\nfo ipeline Safety\nDate Issued","truncated":false,"body_characters":10024}