{"operation":"document","citation":"CPF 320055036","title":"BRIDGER PIPELINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-09-27","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.402(c), 195.440, 195.589(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055036.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055036.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320055036","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320055036","body":"Notice of Probable Violation involving BRIDGER PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195,  195.402(a),  195.402(c),  195.440,  195.589(c). The case was opened on 2005-09-27 and is reported as closed as of 2006-10-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320055036_Final Order_02162006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055036/320055036_Final%20Order_02162006.pdf\n\nCPF NO  3-2005-5036 BRIDGER PIPELINE LLC.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055036/CPF%20NO%20%203-2005-5036%20BRIDGER%20PIPELINE%20LLC.pdf\n\nCPF_NO_3-2005-5036.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320055036/CPF_NO_3-2005-5036.pdf\n\n320055036_Final Order_02162006.pdf\n\nU.S. Department 400Seventh Street, S.W.\nof Transportation Washington, D.C. 20590\nPipeline and\nHazardous Morerials Wety\nAdministrotion\nMr. H. A. True, I11\nPresident\nBridger Pipeline, LLC\n455 North Poplar Street\nCasper, WY 82601\nRe: CPF No. 3-2005-5036\nDear Mr. Bridger:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes findings of violation and specifies actions to be taken to\ncomply with the pipeline safety regulations. When the terms of the Compliance Order are\ncompleted, as determined by the Director, Central Region, OPS, this enforcement action will\nbe closed. Your receipt of this Final Order constitutes service of that document under 49\nC.F.R. 9 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Ivan Huntoon\nDirector, Central Region, OPS\nCERTIPIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of\nBridger Pipeline, LLC,\nRespondent.\n1\n1\n1\n1\n1\n1\nCPF NO. 3-2005-5036\nFINAL ORDER\nOn June 6-10,2005, pursuant to 49 U.S.C. 9 601 17, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Central Region, conducted an on-site\npipeline safety inspection of Respondent's facilities and records in Newcastle, Wyoming and\nBaker, Montana. As a result of the inspection, the Director, Central Region, PHMSA, issued to\nRespondent, by letter dated September 27,2005, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. $ 190.207, the Notice proposed\nfinding that Respondent had committed violations of 49 C.F.R. Part 195, and proposed that\nRespondent take certain measures to correct the alleged violations.\nRespondent responded to the Notice by letter dated October 24,2005 (Response). Respondent\ndid not contest the allegations of violation but provided information concerning the corrective\nactions it has initiated. Respondent did not request a hearing, and therefore has waived its right\nto 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. 5 195.402(a) (Notice Item 1) -failing to prepare and follow procedures for\noperations, maintenance, and emergencies for the 10\" Little Missouri System in accordance\nwith all applicable requirements of Part 195; and\n49 C.F.R. 6 195.402(c) (Notice Item 2) -failing to prepare and follow welding procedures\nfor pipeline repairs in accordance with the requirements of 9 195.226(c).\n\n\n\n2\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Items 1 and 2 in the Notice. Under 49\nU.S.C. 5 601 18(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. Pursuant to the authority of 49 U.S.C. 5 601 18(b) and 49 C.F.R.\n5 190.217, Respondent is ordered to take the following actions to ensure compliance with the\npipeline safety regulations applicable to its operations:\n1. Submit a general plan and proposed schedule for developing and implementing\nprocedures for operations, maintenance and emergencies that address the inadequacies\ndescribed in the ]\\Jotice and meet the applicable requirements of 49 C.F.R. Part 195 to the\nDirector, Central Region, OPS;\n2. Within 90 days following receipt of this Order, submit a copy of the written procedures\nfor operations, maintenance and emergencies addressing the inadequacies described in\nthe Notice and meeting the requirements of 49 C.F.R. Part 195 to the Director, Central\nRegion, OPS; and\n3. Within 180 days following receipt of this Order: (1) complete the training of Bridger\npersonnel on the written procedures for operations, maintenance, and emergencies as\nrevised and updated; and (2) maintain records of the training including the names of\npeople trained and the dates the training occurred in accordance with applicable\nrecordkeeping requirements.\nThe Regional Director has indicated that Respondent has submitted a general plan and proposed\nschedule for establishing the procedures and conducting the training. These actions comply with\nthe requirements in Item 1 of this Compliance Order.\nThe Regional Director may extend the period for complying with any of the required items if the\nRespondent requests an extension in writing and adequately justifies the reasons for the\nextension.\nWARNING ITEMS\nThe Notice did not propose a civil penalty or compliance order for Items 3,4, and 5 in the\nNotice. Therefore, these are considered warning items. The warnings were for Respondent's\nfailure to adequately follow its procedures for maintaining liaison with fire, police and other\npublic officials in accordance with 195.402!~)!12); failure to demonstrate that an adequate\npublic education program was established in accordance with 5 195.440; and failure to maintain\nrecords of atmospheric corrosion surveys in accordance with 5 195.589. Respondent presented\ninformation its response showing that it has initiated actions to address these items. Respondent\n\n\n\n3\nis warned that if these items are not fully addressed, enforcement action will be taken if a\nsubsequent inspection reveals a violation.\nUnder 49 C.F.R. 5 190.2 15, 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 terms of the Order, including any required corrective action, remain in full effect unless the\nAssociate Administrator, upon request, grants a stay.\nFailure to comply with this Final Order may result in the assessment of civil penalties of up to\n$100,000 per violation per day, or in the referral of the case for judicial enforcement. The terms\nand conditions of this Final Order are effective on receipt.\nDate Issued\nfor Pipeline Safety","truncated":false,"body_characters":7163}