{"operation":"document","citation":"CPF 320075015M","title":"PHILLIPS 66 PIPELINE LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-03-16","effective_on":null,"summary":"CLOSED notice of amendment citing 195.505.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075015m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075015m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075015m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320075015M","body":"Notice of Amendment involving PHILLIPS 66 PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 195.505. The case was opened on 2007-03-16 and is reported as closed as of 2007-07-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320075015M_Notice Of Amendment_03162007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075015M/320075015M_Notice%20Of%20Amendment_03162007.pdf\n\n320075015M_Operator Response_04252007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075015M/320075015M_Operator%20Response_04252007.pdf\n\n320075015M_Notice Of Amendment_03162007.pdf\n\n@\nU.S. Deportment\nof Tronsporlotion\nPlpellne ond\nHozordous motoriqls Sofefy\nAdmlnl3frollon\n901 Locusl Street, Suite 462\nKansas City, MO 64106-2641\n}J|AR 2 3 ?007\nNOTICE OF AMENDMENT\nCERTIX'IED MAIL - RETURN RDCEIPT REOUESTED\nMarch16,2007\nMs. Margaret Yaege\nGeneral Manager of Pipelines and Terminals\nConocoPhillips Pipe Line Company\n600 N. Dairy Ashford\nHouston, TX 74079\ncPx'3-2007-5015M\nDear Ms. Yaege:\nOn October 16-20, October 30 - November 3, November 13-17 and December 71-15,2006,a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to\nChapter 601 of 49 United States Code inspected yoru pipeline facilities in Illinois, Kansas, Missouri,\nand Indiana.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nConocoPhillips Pipe Line Company's plans or procedures and are described below:\n1. 5195.402 Procedural Manual for Operations, Maintenance and Emergencies.\n$195.a02(a) requires that each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies.\n$195.a02(c) indicates that the manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety during maintenance and normal\noperations:\n\n\n\n(3) Operating, maintaining, and repairing the pipeline system in accordance with each\nof the requirements of this subpart and subpart H of this part.\nReview of the Operation and Maintenance (O&M) manual found that the fpllowing\nrequirements were not adequately covered in the manual or needed to be expanded to provide\nadditional guidance to your personnel. Item (a) is required to be included in the manual by\n$ les.a02(c)(3).\n1.(a) $195.505Qualificationprogram.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(\") Identify covered tasks;\n(b) Ensure through evaluation that individuals performing\ncovered tasks are qualified;\nThe Operator Qualification Program's evaluation forms did not provide sufficient\ninformation to evaluate an individual's performance of a covered task to ensure\nthey were qualified. ConocoPhillips' evaluation checklist form for \"Field\nInspection and Testing of Overfill Protective Devices On Aboveground Breakout\nTanks/Vessels\" did not adequately address appropriate actions to be taken for the\ndifferent overfrll mechanisms used.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. $ 60108(a) and 49 C.F.R. $ 190.237. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualihes for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy bf the document with the portions you believe qualiS for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b). lf you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies\n(49 C.F.R. $ 190.237). If you are not contesting this Notice, we propose that you submit your\n\n\n\namended procedures to my office within 30 days of receipt of this Notice. This period may be\nextended by witten request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIn correspondence conceming this matter, please refer to CPn.3-2007-5015M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nq.** 1/r/,,ffi'-\nIvan A. Huntoon\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n\n\n\nResponse Options for Pipeline Operators in Compliance Proceedings\nThe requirements of 49 C.F.R. Part 190, Subpart B ($$ 190.201-190.237) govem response to\nNotices issued by a Regional Director, Pipeline and Hazardous Materials Safety Administration\n(PHMSA).\nBe advised that all material submitted by a respondent in response to an enforcement action is\nsubject to being made publicly available. Ifyou believe that any portion ofyour responsive\nmaterial qualifies for confidential treatment under 5 U,S,C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation ofwhy you believe the\nredacted information qualifies for confidential treatrnent under 5 U.S.C. 552(b).\nProcedures for Resnondins to a NOTICD OF PROBABLE VIOLATION:\nWithin 30 days of receip of a Notice of Probable Violation, the respondent shall respond\nto the Regional Director who issued the Notice in the following way:\na. When the Notice cgntains a proposed CIVIL PENALTY*::\nl. Pay the proposed civil penalty and advise the Regional Director of the\npayment. This authorizes PHMSA to make findings and to close the case\nwith prejudice to the respondent. Payment terms are outlined below;\n2. Submit written explanations, information, or other materials in response to\nthe allegations and/or seek elimination or mitigation of the proposed civil\npenalty. Refer to 49 C.F.R. $ 190.225 for assessment considerations,\nwhich include the respondent's ability to pay and the effsct on the\nrespondent's ability to stay in business, upon which civil penalties are\nbased; or\n3. Request a hearing as described below to contest the allegations and/or\nproposed assessment ofa civil penalty.\nb. When the Notice contains a proposed COMPLIANCE ORDER* -\n1. Notiff the Regional Director that you intend to take the steps in the\nproposed compliance order;\nSubmit written explanations, information, or other materials in answer to\nthe allegations in the Notice and object to or seek clarification of the\nproposed compliance order items in whole or in part; or\nJ .\nRequest a hearing as described below to contest the allegations and/or\nproposed compliance order items;\nI of5\n\n\n\nII.\nm,\nc. When the Notice contains a WARNING ITEM -\nNo written rcsponse is required. The respondent is wamed that if it does not\ntake appropriate action to correct these items, enforcement action will be\ntaken ifa subsequent inspection reveals a violation.\n* Failure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order.\nProcedures for Resnondine to a NOTICE OF'AMENDMENT*--\nWithin 30 days of receipt of a Notice of Amendment, the respondent shall respond to the\nRegional Director who issued the Notice in the following way:\na. Notifu the Regional Director of your plans to address the inadequacies\nidentified in the Notice:\nb. Submit written explanations, information, or other materials in answer to the\nallegations in the Notice and/or object to or seek clarification ofthe proposed\namendment items in whole or in part; or\nRequest a hearing as described below to contest the allegations in the Notice.\n* Failure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authorizes\nthe Associate Adminishator for Pipeline Safety to find facts as alleged in the Notice\nwithout fi.rther notice to the respondent and to issue a Final Order.\nProcedure for Requesting a Hearins\nA request for a hearing must be in writing and accompanied by a statement of the issues\nthat the respondent intends to raise at the hearing. The issues rnay relate to the\nallegations, new information, or to the proposed compliance order or proposed civil\npenalty amoult. Refer to 49 C.F.R. $ 190.225 for assessment considerations upon which\ncivil penalties are based. A respondent's failure to specify an issue may result in waiver\nofthe right to raise that issue at the hearing. The respondent's request must also indicate\nwhether or not respondent will be represented by counsel at the hearing. Failure to\nrequest a hearing in writing within 30 days of receipt of a Notice waives the right to a\nhearing, In addition, if the amount of the proposed civil penalty or the proposed\ncorrective action is less than $10,000, the hearing will be held by telephone, unless the\nrespondent submits a written request for an in-person hearing. Complete hearing\nprocedures can be found at 49 C.F.R. $ 190.211.\n2 of5\n\n\n\nIV.\nV.\nvI.\nExtensions of Time\nAn extension of time to preparc an appropriate response to a Notice may be granted, at\nthe agency's discretion, following submittal of a written request to the Regional Director.\nThe request must indicate the amount of time needed and the reasons for the extension.\nThe request must be submitted within 30 days of receipt of the Notice.'\nFreedom of Information Act\nAny material prepared by PHMSA, including the violation report, the Notice, and any\norder issued in this case, and any material provided to PHMSA by the respondent, may\nbe considered public information and subject to disclosure under the Freedom of\nInformation Act (FOIA). If the information you provide is security sensitive, privileged,\nconfidential or may cause your company competitive disadvantages, please cleady\nidentify the material and provide justification why the documents, or portions of a\ndocument, should not be released under FOIA. If we receive a request for your material,\nwe will noti$' you if PHMSA, after reviewing the materials and your provided\njustificatioq determines that withholding the materials does not meet any exemption\nprovided under the FOIA. You may appeal the agency's decision to release material\nunder the FOIA at that time. Your appeal will stay the release of those materials until a\nfinal decision is made.\nSmall Business Resulatorv Enforcement Fairness Act Information\nThe Small Business and Agricultural Regulatory Enforcement Ombudsman and 10\nRegional Faimess Boards were established to receive comments from small businesses\nabout federal agency enforcement actions. The Ombudsman will annually evaluate the\nenforcement activities and rate eaoh agency's responsiveness to small business. If you\nwish to comment on the enforcement actions of the Pipeline and Hazardous Materials\nSafety Administration, call 1-888-REG-FAIR (l-888-734-3247) or go to\nh@ :/iwww. sba, gov/ombudsman/dsp_faq.html.\n3 of 5\n\n\n\nvII. PAYMENT INSTRUCTIONS\nCivil Penalty Payments of Less Than $10,000\nPalirnent of a civil penalty of less than $ 10,000 proposed or assessed, under Subpart B ofPart\n190 of the Pipeline Safety Regulations can be made by certified check, money order or wire\ntransfer. Payment by certified check or money order (containing the CPF Number for this case)\nshould be made payable to the \"Deparhnent of Transportation\" and should be sent to:\nFederal Aviation Administration\nMike Monroney Aeronautical Center\nFinancial Operations Division (AMZ-300) P.O. Box 25082\nOklahoma City, OK 7 3 125 -4915\nWire transfer payments of less than $10,000 may be made through the Federal Reserve\nCommunications System (Fedwire) to the account of the U.S. Treasury. Detailed instructions are\nprovided below. Quesfions concerning wire transfer should be directed to the Financial\nOperations Division at (405) 954-8893, or at the above address.\nCivil Penalty Payments of $10,000 or more\nPayment ofa civil penalty of$10,000 or more proposed or assessed under Subpart B ofPart 190\nof the Pipeline Safety Regulations must be made wire transfer (49 C.F.R. $ 89.21 (bX3),\nthrough the Federal Reserve Communications System (Fedwire) to the account of the U.S.\nTreasury. Detailed instructions are provided below. Questions conceming wire transfers should\nbe directed to the Financial Operations Division at (405) 954-8893, or at the above address.\nINSTRUCTIONS FOR ELECTRONIC FTJND TRA}ISFERS\n(I) RECEIVER ABA NO.\n02r030004\n(2) TYPE/SUB-TYPE\n(Provided by sending bank)\n(3) SENpTNGBANKABANO.\n(Provided by sending bank) (4) SENpTNGBANKREFNO.\n(Provided by sending bank)\n(s) AMOUNT (6) SENDING BANKNAME\n(Provided by sending bank)\n(7) RECEIVERNAME\nTREASNYC\n(8) PROpUCT COpE\n(Normally CTR, or as provided by sending\nbank)\n(9) BENEFICIAL (BNN : AGENCY\nLOCATION CODE\nBNF =/ALC-69-14-0001\n(10) REASONS FOR PAYMENT\nExample: PHMSA - CPF # / Ticket\nNumber/Pipeline Assessment number\n4 of 5\n\n\n\nINSTRUCTIONS: You, as sender of the wire transfer, must provide the sending bank with the\ninformation for blocks (1), (5), (7), (9), and (10). The information provided in Blocks (1), (7),\nand (9) are constant and remain the same for all wire transfers to the Pipeline and Hazardous\nMaterials Safety Administration, Department of Transportation.\nBlock#l - RECEIVER ABA NO. - \"021030004\". Ensure the sending bank enters this 9-digit\nidentification number; it represents the routing symbol for the U.S. Treasury at the Federal\nReserve Bank inNew York.\nBlock #5 - AMOUNT - You as the sender provide the amount of the transfer. Please be sure the\ntransf€r amount is punctuated with commas and a decimal point. EXAMPLE: $10.000.00\nBlock #7 - RECEIVERNAME - \"TREAS NYC\". Ensure the sending bank enters this\nabbreviation. It must be used for all wire transfers to the Treasury Department.\nBlock#9 - BENEFICI.A.L - AGENCY LOCATION CODE - I'BNF=/ALC-69-14-0001\". Ensure\nthe sending bank enters this information. This is the Agency Location Code for the Pipeline and\nHazardous Materials Safety Administration, Deparbnent of Transportation.\nBlock #10 - REASON FOR PAYMENT - 6'AC-payment for PHMSA Case # / To ensure your\nwire transfer is credited properly, enter the case number/ticket number or Pipeline Assessment number,\nand country.\"\nNOTE: A wire transfer must comply with the format and instructions or the Department cannot\naccept the wire transfer. You as the sender can assist this process by notifying the Financial\nOperations Division (405) 954-8893 at the time you send the wire transfer.\nFebruary 2007\n5 of5","truncated":false,"body_characters":15482}