{"operation":"document","citation":"CPF 320095004","title":"MAGELLAN PIPELINE COMPANY, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-05-14","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.404(a)(2), 195.404(c)(3), 195.428(a), 195.432(b), 195.573(c), 195.583(a), 195.589(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320095004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320095004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320095004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320095004","body":"Notice of Probable Violation involving MAGELLAN PIPELINE COMPANY, LP. PHMSA's enforcement data identifies the cited regulations as 195.404(a)(2),  195.404(c)(3),  195.428(a),  195.432(b),  195.573(c),  195.583(a),  195.589(c). The case was opened on 2009-05-14 and is reported as closed as of 2010-08-04. Proposed civil penalty: $23,800. Assessed civil penalty: $23,800. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320095004_FinalOrder_08042010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095004/320095004_FinalOrder_08042010.pdf\n\n320095004_FinalOrder_08042010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095004/320095004_FinalOrder_08042010_text.pdf\n\n320095004_NOPV PCP_05142009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095004/320095004_NOPV%20PCP_05142009.pdf\n\n320095004_NOPV PCP_05142009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095004/320095004_NOPV%20PCP_05142009_text.pdf\n\n320095004_FinalOrder_08042010_text.pdf\n\nAUG 04 2010\nMr. Don R. Wellendorf\nPresident and CEO\nMagellan Pipeline Company, L.P.\nOne Williams Center\nMD 27\nTulsa, OK 74172\nRe: CPF No. 3-2009-5004\nDear Mr. Wellendorf:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and assesses a civil penalty of $23,800. This is to acknowledge receipt of payment of\nthe full penalty amount by wire transfer, dated June 15, 2009. This enforcement action is now\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. David Barrett, Director, Central Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2472 2667]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n_______________________________________\nIn the Matter of )\nMagellan Pipeline Company, L.P., ) CPF No. 3-2009-5004\n)\n)\n)\nRespondent. )\n_______________________________________)\nFINAL ORDER\nOn various dates between May 14, 2008, and December 5, 2008, pursuant to 49 U.S.C. § 60117,\nrepresentatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the facilities and\nrecords of Magellan Pipeline Company, L.P., (Magellan or Respondent) in Kansas. Magellan\noperates approximately 9,600 miles of pipelines transporting hazardous liquids, including crude\noil, refined petroleum products, and anhydrous ammonia throughout the Midwest. The portion\nof the system inspected was the OK/KS unit consisting of a pipeline running from the\nOklahoma/Kansas border to El Dorado, Kansas; two pipelines running from El Dorado, Kansas,\nto Topeka, Kansas; one pipeline from El Dorado, Kansas, to Humboldt, Kansas; and several\nsmaller line sections in El Dorado.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated May 14, 2009, a Notice of Probable Violation and Proposed Civil Penalty\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Magellan\nhad violated 49 C.F.R. §§ 195.404, 195.428, 195.432, 195.583, 195.573, and 195.589, and\nproposed assessing a civil penalty of $23,800 for one of the alleged violations. The Notice also\nproposed finding that Respondent had committed certain other probable violations of 49 C.F.R.\nPart 195 and warning Respondent to take appropriate corrective action or be subject to future\nenforcement action.\nMagellan responded to the Notice by letter dated June 15, 2009 (Response). The company did\nnot contest the allegations of violation and paid the proposed civil penalty of $23,800, as\nprovided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice\nto Respondent.\n\n\n\nFINDING OF VIOLATION\nIn its Response, Magellan did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.404(a), which states in\nrelevant part:\n§ 195.404 Maps and records.\n(a) Each operator shall maintain current maps and records of its\npipeline systems that include at least the following information:\n(1) ….\n(2) All crossings of public roads, railroads, rivers, buried utilities,\nand foreign pipelines.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.404(a)(2) by failing to maintain a\ncurrent map of its pipeline system, including all crossings of buried utilities and foreign\npipelines. Specifically, the Notice alleged that Magellan failed to maintain a current map of its\nnew 10-inch pipeline from McPherson, Kansas, to Andale, Kansas, that showed crossings with\nseveral other pipelines. Respondent did not contest this allegation of violation. Accordingly,\nbased upon a review of all of the evidence, I find that Respondent violated 49 C.F.R. §\n195.404(a) by failing to maintain a current map of its 10-inch pipeline from McPherson, Kansas,\nto Andale, Kansas, including all crossings of buried utilities and foreign pipelines.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nItem 1: The Notice proposed a civil penalty of $23,800 for Respondent’s violation of 49 C.F.R.\n§ 195.404(a), for failing to maintain a current map of its pipeline system, including all crossings\nof buried utilities and foreign pipelines. Magellan neither contested the allegation nor presented\nany evidence or argument justifying a reduction in the proposed penalty. Accordingly, having\nreviewed the record and considered the assessment criteria, I assess Respondent a civil penalty of\n$23,800 for violation of 49 C.F.R. § 195.404(a), which amount has already been paid by\nRespondent.\nWARNING ITEMS\nWith respect to Items 2 through 7, 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. § 195.404(c) (Item 2) ─ Respondent’s alleged failure to maintain\nrecords of its inspections of the control valves at pump stations for two years;\n\n\n\n3\n49 C.F.R. § 195.428(a) (Item 3) ─ Respondent’s alleged failure to inspect and\ntest each item of pressure control equipment to determine that it was functioning\nproperly, was in good mechanical condition, and was adequate for the service for\nwhich it was used at the required intervals;\n49 C.F.R. § 195.432(b) (Item 4) ─ Respondent’s alleged failure to inspect the\nphysical integrity of an in-service steel aboveground breakout tank according to\nsection 4 of API Standard 453;\n49 C.F.R. § 195.583(a) Item 5) ─ Respondent’s alleged failure to inspect each\npipeline exposed to the atmosphere for evidence of atmospheric corrosion, at least\nonce every 3 calendar years but at intervals not exceeding 39 months;\n49 C.F.R. § 195.573(c) (Item 6) ─ Respondent’s alleged failure to electrically\ncheck rectifiers for proper performance at least 6 times each calendar year, but at\nintervals not exceeding 2½ months; and\n49 C.F.R. § 195.589(c) (Item 7) ─ Respondent’s alleged failure to maintain the\nrequired records of annual cathodic protection surveys.\nMagellan did not dispute any of these items in its Response. Accordingly, I find, pursuant to 49\nC.F.R. § 190.205, that probable violations of 49 C.F.R. §§ 195.404(c) (Notice Item 2),\n195.428(a) (Notice Item 3), 195.432(b) (Notice Item 4), 195.583(a) (Notice Item 5), 195.573(c)\n(Notice Item 6), and 195.589(c) (Notice Item 7) have occurred and Respondent is hereby advised\nto correct such conditions. In the event that OPS finds a violation of any of these items in a\nsubsequent inspection, Respondent may be subject to future enforcement action.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8305}