ZENITH ENERGY TERMINALS HOLDINGS, LLC — Notice of Probable Violation

320065020_Final Order_02202007.pdf, page 1Official PDFU.S. Department 400 Seventh Street, S.W. of Transportation Washington, D.C. 20590 Pipeline and Hazardous Materials Safety ~dministration Mr. Barry Frazier President Center Terminal Company - Toledo 600 Mason Ridge Center Drive St. Louis, MO 63141 Re: CPF No. 3-2006-5020 Dear Mr. Frazier: Enclosed is the Final Order issued by the Acting Associate Administrator for Pipeline Safety in the above-referenced case. It makes a finding of violation and assesses a civil penalty of $7,500. I acknowledge receipt of your wire transfer of $7,500 on April 5,2006 and accept it as payment in full of the civil penalty assessed in the Final Order. This case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. $ 190.5. Sincerely, w James Reynolds Pipeline Compliance Registry cc: Ivan Huntoon Director, Central Region, PHMSA Enclosure CERTIFIED MAIL -RETURN RECEIPT REOUESTED#

320065020_Final Order_02202007.pdf, page 2DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 In the Matter of Center Terminal Company - ) CPF NO. 3-2006-5020 Toledo ) ) 1 1 1 Respondent 1 FINAL ORDER On March 3,2006, in accordance with 49 C.F.R. 5 190.207, the Director, Central Region, Pipeline and Hazardous Materials Safety Administration (PHMSA), issued to Respondent a Notice of Probable Violation and Proposed Civil Penalty (Notice). The Notice proposed finding that Respondent committed a violation of 49 C.F.R. Part 195 and proposed assessing a civil penalty of $7,500 for the alleged violation. Respondent did not contest the allegation in the Notice and submitted a wire transfer in the amount of the proposed civil penalty ($7,500), waiving further right to respond and authorizing the entry of this Final Order. Pursuant to 49 C.F.R. $ 190.213 and 49 U.S.C. 5 60122, I find that Respondent violated the following section of 49 C.F.R. Part 195, as more fully described in the Notice: 49 C.F.R. 5 195.505-failing to have a written qualification program in place during the specified period. - -#

320065020_Final Order_02202007.pdf, page 3This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. Having reviewed the record and considered the assessment criteria, I assess Respondent a civil penalty of $7,500, already paid by Respondent. The terms and conditions of this Final Order are effective on receipt. f ~ d f f r $ ~ b.Wiese Associate Administrator for Pipeline Safety ate Issued#