{"operation":"document","citation":"CPF 320111016","title":"SOUTHERN STAR CENTRAL GAS PIPELINE, INC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-10-21","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.616(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320111016.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320111016.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320111016","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320111016","body":"Notice of Probable Violation involving SOUTHERN STAR CENTRAL GAS PIPELINE, INC. PHMSA's enforcement data identifies the cited regulation as 192.616(c). The case was opened on 2011-10-21 and is reported as closed as of 2014-01-06. Proposed civil penalty: $25,300. Assessed civil penalty: $25,300. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320111016_Closure_01062014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111016/320111016_Closure_01062014.pdf\n\n320111016_Closure_01062014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111016/320111016_Closure_01062014_text.pdf\n\n320111016_Final Order_06172013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111016/320111016_Final%20Order_06172013.pdf\n\n320111016_Final Order_06172013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111016/320111016_Final%20Order_06172013_text.pdf\n\n320111016_NOPV PCP PCO_10212011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111016/320111016_NOPV%20PCP%20PCO_10212011.pdf\n\n320111016_NOVP PCP PCO_10212011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111016/320111016_NOVP%20PCP%20PCO_10212011_text.pdf\n\n320111016_Operator Response to NOPV_11212011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111016/320111016_Operator%20Response%20to%20NOPV_11212011.pdf\n\n320111016_Operator_Response_to_NOPV_12282011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111016/320111016_Operator_Response_to_NOPV_12282011.pdf\n\n320111016_NOVP PCP PCO_10212011_text.pdf\n\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 21, 2011\nMr. Robert Carlton\nVice President & Chief Compliance Officer\nSouthern Star Central Gas Pipeline\n4700 Highway 56\nOwensboro, KY 42301\nCPF 3-2011-1016\nDear Mr. Carlton:\nOn July 12, 13 and 14, 2011, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nPublic Awareness Program in Owensboro, KY.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n\n\n\n1. §192.616 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nSouthern Star Gas Central Pipeline (Southern Star) did not complete an annual audit for\nPlan Year 2006 and 2008 as required by API RP 1162. Southern Star assumed that\nsubmitting the 2006 Public Awareness Plan (PAP) to PHMSA Clearinghouse for review\ncomplied with an annual audit for Year 2006. Southern Star was unable to provide\ndocumentation to demonstrate that annual audits were performed for Plan Year 2006 or\n2008.\n2. §192.616 Public Awareness.\n(c)The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nSouthern Star failed to follow their PAP procedure for program administration. Southern\nStar failed to use their established and defined team to ensure the development,\nimplementation, and ongoing oversight of the public awareness program was done in\naccordance with their established procedures. The 2010 Annual Audit was completed by\na single individual.\nAlso, Southern Star did not provide documentation that the annual audit\nrecommendations were implemented or show there was a process in place to track the\nimplementation of the audit recommendations.\n3. § 192.616 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nSouthern Star did not complete the baseline effectiveness evaluation within the time\nperiod of regulatory guidelines established in API RP 1162. Documentation provided\nindicates the evaluation was completed on October 18, 2010, four months beyond the\n2\n\n\n\nrequired four year interval for evaluation. Southern Star provided no documentation or\njustification for why the effectiveness evaluation was not completed within the prescribed\ninterval.\n4. §192.616 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nSouthern Star failed to adequately measure whether stakeholder audiences understood the\ncontent of messages and retained key information from the messages. Southern Star\nrelied primarily on returned survey cards for assessing how well the message content was\nunderstood. Southern Star field personnel passed out calendars to the affected public\nduring face-to-face meetings but did not ask questions designed to assess their\nunderstanding of the message content. The percentage of responses from stakeholder\naudiences was low (0.24%).\n5. §192.616 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nThe Southern Star PAP contains a table of Supplemental Activities but no documentation\nwas provided for the implementation of these activities or how these activities would be\nused for effectiveness evaluation. Also, no documentation was provided for follow-up\nactivities with emergency response and public officials who did not attend\ntraining/informational meetings.\n6. §192.616 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nSouthern Star did not complete the annual audits in a timely manner so that\nrecommendations could be included in the following year’s plan for implementation.\n3\n\n\n\nSouthern Star has performed annual audits for PAP Years 2007, 2009 and 2010 in\nSeptember 2008, November 2010 and April 2011, respectively.\n7. §192.616 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nThe Southern Star PAP listed six Objectives but the data collection efforts, data analysis\nand effectiveness evaluation processes do not measure bottom-line results to achieve the\nsix Objectives listed in the PAP.\nProposed Civil Penalty\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. The Compliance Officer has reviewed the circumstances and\nsupporting documentation involved in the above probable violation(s) and has recommended that\nyou be preliminarily assessed a civil penalty of $25,300 as follows:\nItem number PENALTY\n1 $12,800\n3 $12,500\nWarning Items\nWith respect to items 5 and 6, we have reviewed the circumstances and supporting documents\ninvolved in this case and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to promptly correct these items. Be advised\nthat failure to do so may result in Southern Star being subject to additional enforcement action.\nProposed Compliance Order\nWith respect to items 2, 3, 4 and 7, pursuant to 49 United States Code § 60118, the Pipeline and\nHazardous Materials Safety Administration proposes to issue a Compliance Order to Southern\nStar Central gas Pipeline. Please refer to the Proposed Compliance Order, which is enclosed\nand made a part of this Notice.\n4\n\n\n\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators\nin Compliance 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 qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify 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). If 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.\nIn your correspondence on this matter, please refer to CPF 3-2011-1016 and for each document\nyou submit, please provide a copy in electronic format whenever possible.\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\n5\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Southern Star Central Gas Pipeline (Southern\nStar) a Compliance Order incorporating the following remedial requirements to ensure the\ncompliance of Southern Star with the pipeline safety regulations:\n1. In regard to Item Number 2 of the Notice pertaining to failure to follow the Public\nAwareness Plan (PAP) procedure for program administration by failing to use\nyour established and defined Public Awareness Team for oversight of the public\nawareness program, Southern Star shall complete the following:\n• Ensure that an internal group performs the annual audits of the PAP\nfollowing the internal assessment method.\n• Submit a written plan to Central Region by December 31, 2011 with\ndetails of how recommendation from annual audits will be implemented\nand completed,\n• Implement and complete all recommendation from annual audits\nconducted for Plan Years 2006 – 2010 no later than August 31, 2012 and\nsubmit supporting documentation to Central Region.\n2. In regard to Item Number 3 of the Notice pertaining to failure to complete the\nbaseline effectiveness evaluation by the required deadline of June 20, 2010,\nSouthern Star shall complete the following:\n• Submit a written document to Central Region by December 31, 2011 with\ndetails of how recommendations from Effectiveness Evaluations will be\nimplemented and closed.\n• Implement and complete all recommendations from the 2010\nEffectiveness Evaluation no later than August 31, 2012 and submit\nsupporting documentation to Central Region.\n3. In regard to Item Number 4 of the Notice pertaining to failure to adequately\nmeasure whether stakeholder audiences understand the content of messages and\nretained key information in the messages. Southern Star shall complete the\nfollowing:\n• Follow the recommendations of API 1162, specifically addressing “survey\ntarget stakeholder audiences” and develop a survey plan and forms for\nsurveying target audiences no later than December 31, 2011.\n• Implement the survey for measuring understandability no later than\nFebruary 29, 2012.\n4. In regard to Item Number 7 of the Notice pertaining to lack of measuring bottom-\nline results to achieve the Plan Objectives, Southern Star shall complete the\nfollowing:\n• After the amendment of the PAP procedure for Effective Evaluations, as\nrequired in Item 4 of CPF 3-2011-1017M, has been completed, measure\nthe bottom-line results to determine if the six Objectives of the PAP have\nbeen achieved.\n• Submit documentation of the bottom-line results in relation to the\nObjectives no later than September 30, 2012.\n6\n\n\n\n5. Unless specifically noted, documentation of completion shall be sent to the\nRegional Director, Central Region within 30 days of the completion date.\n6. It is requested (not mandated) that Southern Star maintain documentation of the\nsafety improvement costs associated with fulfilling this Compliance Order and\nsubmit the total to David Barrett, Director, Central Region, Pipeline and\nHazardous Materials Safety Administration. It is requested that these costs be\nreported in two categories: 1) total cost associated with preparation/revision of\nplans, procedures, studies and analyses, and 2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\n7\n\n320111016_NOPV PCP PCO_10212011.pdf\n\nu.s. Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n901 Locust Street, Suite 462\nKansas City, MO 641 06-2641\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nCERTIFIED MAJL- RETURN RECEIPT REQUESTED\nOctober 21, 2011\nMr. Robert Carlton\nVice President & Chief Compliance Officer\nSouthern Star Central Gas Pipeline\n4700 Highway 56\nOwensboro, KY 42301\nCPF 3-2011-1016\nDear Mr. Carlton:\nOn July 12, 13 and 14, 2011, representatives ofthe Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nPublic Awareness Program in Owensboro, KY.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\n\n\n\n1. §192.616 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nSouthern Star Gas Central Pipeline (Southern Star) did not complete an annual audit for\nPlan Year 2006 and 2008 as required by API RP 1162. Southern Star assumed that\nsubmitting the 2006 Public Awareness Plan (PAP) to PHMSA Clearinghouse for review\ncomplied with an annual audit for Year 2006. Southern Star was unable to provide\ndocumentation to demonstrate that annual audits were performed for Plan Year 2006 or _\n2008.\n2. §192.616 Public Awareness.\n(c)The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nSouthern Star failed to follow their PAP procedure for program administration. Southern\nStar failed to use their established and defined team to ensure the development,\nimplementation, and ongoing oversight of the public awareness program was done in\naccordance with their established procedures. The 2010 Annual Audit was completed by\na single individual.\nAlso, Southern Star did not provide documentation that the annual audit\nrecommendations were implemented or show there was a process in place to track the\nimplementation of the audit recommendations.\n3. § 192.616 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nSouthern Star did not complete the baseline effectiveness evaluation within the time\nperiod of regulatory guidelines established in API RP 1162. Documentation provided\nindicates the evaluation was completed on October 18, 2010, four months beyond the\n2\n\n\n\nrequired four year intenrar for evaluation. Southern Star provided no documentation or\njustification for why the effectiveness evaluation was not completed within the prescribed\ninterval.\n4. §192.616 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nSouthern Star failed to adequately measure whether stakeholder audiences understood the\ncontent of messages and retained key information from the messages. Southern Star\nrelied primarily on returned survey cards for assessing how well the message content was\nunderstood. Southern Star field personnel passed out calendars to the affected public\nduring face-to-face meetings but did not ask questions designed to assess their\nunderstanding of the message content. The percentage of responses from stakeholder\naudiences was low (0.24%).\n5. §192.616 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nThe Southern Star PAP contains a table of Supplemental Activities but no documentation\nwas provided for the implementation of these activities or how these activities would be\nused for effectiveness evaluation. Also, no documentation was provided for follow-up\nactivities with emergency response and public officials who did not attend\ntraining/informational meetings.\n6. §192.616 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nSouthern Star did not complete the annual audits in a timely manner so that\nrecommendations could be included in the following year's plan for implementation.\n3\n\n\n\nSouthern Star has performed annual audits for PAP Years 2007, 2009 and 2010 in\nSeptember 2008, November 2010 and April2011, respectively.\n7. §192.616 Public Awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nThe Southern Star PAP listed six Objectives but the data collection efforts, data analysis\nand effectiveness evaluation processes do not measure bottom-line results to achieve the _\nsix Objectives listed in the PAP.\nProposed Civil Penalty\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. The Compliance Officer has reviewed the circumstances and\nsupporting documentation involved in the above probable violation(s) and has recommended that\nyou be preliminarily assessed a civil penalty of $25,300 as follows:\nItem number\n1\n3\nPENALTY\n$12,800\n$12,500\nWarning Items\nWith respect to items 5 and 6, we have reviewed the circumstances and supporting documents\ninvolved in this case and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to promptly correct these items. Be advised\nthat failure to do so may result in Southern Star being subject to additional enforcement action.\nProposed Compliance Order\nWith respect to items 2, 3, 4 and 7, pursuant to 49 United States Code§ 60118, the Pipeline and\nHazardous Materials Safety Administration proposes to issue a Compliance Order to Southern\nStar Central gas Pipeline. Please refer to the Proposed Compliance Order, which is enclosed\nand made a part of this Notice.\n4\n\n\n\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators\nin Compliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action 1s subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b ), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify 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). If you do not respond within 30 days\nof receipt ofthis Notice, this constitutes a waiver ofyour 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.\nIn your correspondence on this matter, please refer to CPF 3-2011-1016 and for each document\nyou submit, please provide a copy in electronic format whenever possible.\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\n5\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code§ 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Southern Star Central Gas Pipeline (Southern\nStar) a Compliance Order incorporating the following remedial requirements to ensure the\ncompliance of Southern Star with the pipeline safety regulations:\n1. 2. 3. 4. In regard to Item Number 2 of the Notice pertaining to failure to follow the Public\nAwareness Plan (PAP) procedure for program administration by failing to use\nyour established and defined Public Awareness Team for oversight of the public\nawareness program, Southern Star shall complete the following:\n• Ensure that an internal group performs the annual audits of the PAP\nfollowing the internal assessment method.\n• Submit a written plan to Central Region by December 31, 2011 with\ndetails ofhow recommendation from annual audits will be implemented\nand completed,\n• Implement and complete all recommendation from annual audits\nconducted for Plan Years 2006 - 201 0 no later than August 31, 2012 and\nsubmit supporting documentation to Central Region.\nIn regard to Item Number 3 of the Notice pertaining to failure to complete the\nbaseline effectiveness evaluation by the required deadline of June 20, 2010,\nSouthern Star shall complete the following:\n• Submit a written document to Central Region by December 31, 20 11 with\ndetails ofhow recommendations from Effectiveness Evaluations will be\nimplemented and closed.\n• Implement and complete all recommendations from the 2010\nEffectiveness Evaluation no later than August 31, 2012 and submit\nsupporting documentation to Central Region.\nIn regard to Item Number 4 of the Notice pertaining to failure to adequately\nmeasure whether stakeholder audiences understand the content of messages and\nretained key information in the messages. Southern Star shall complete the\nfollowing:\n• Follow the recommendations of API 1162, specifically addressing \"survey\ntarget stakeholder audiences\" and develop a survey plan and forms for\nsurveying target audiences no later than December 31, 2011.\n• Implement the survey for measuring understandability no later than\nFebruary 29, 2012.\nIn regard to Item Number 7 of the Notice pertaining to lack of measuring bottom-\nline results to achieve the Plan Objectives, Southern Star shall complete the\nfollowing:\n• After the amendment of the PAP procedure for Effective Evaluations, as\nrequired in Item 4 of CPF 3-2011-10 17M, has been completed, measure\nthe bottom-line results to determine ifthe six Objectives of the PAP have\nbeen achieved.\n• Submit documentation of the bottom-line results in relation to the\nObjectives no later than September 30, 2012.\n6\n\n\n\n5. 6. Unless specifically noted, documentation of completion shall be sent to the\nRegional Director, Central Region within 30 days of the completion date.\nIt is requested (not mandated) that Southern Star maintain documentation of the\nsafety improvement costs associated with fulfilling this Compliance Order and\nsubmit the total to David Barrett, Director, Central Region, Pipeline and\nHazardous Materials Safety Administration. It is requested that these costs be\nreported in two categories: 1) total cost associated with preparation/revision of\nplans, procedures, studies and analyses, and 2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\n7\n\n\n\n-Response Options for Pipeline Operators in Compliance Proceedings\nThe requirements of 49 C.P.R. Part 190, Subpart B (§§ 190.201-190.237) govern 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. If you believe that any portion of your 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 of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nI. Procedures for Responding to a NOTICE OF PROBABLE VIOLATION:\nWithin 30 days of receipt 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 contains a proposed CIVIL PENALTY* --\n1. 2. 3. 4. If you are not contesting any violations alleged in the Notice, pay the\nproposed civil penalty and advise the Regional Director of the payment.\nThis authorizes PHMSA to issue an order making findings of violation\nand upon confirmation that the payment has been received PHMSA will\nclose the case with prejudice to the respondent. Payment terms are\noutlined below;\nIf you are not contesting any violations alleged in the Notice but wish to\nsubmit written explanations, information, or other materials you believe\nwarrant mitigation of the civil penalty, you may submit such materials.\nThis authorizes PHMSA to make findings and to issue a Final Order\nassessing a penalty amount up to the amount proposed in the Notice.\nRefer to 49 C.F .R. § 190.225 for assessment considerations, which include\nthe respondent's ability to pay and the effect on the respondent's ability to\nstay in business, upon which civil penalties are based;\nIf you are contesting one or more of the items in the Notice but are not\nrequesting an oral hearing, submit a written response to the allegations\nand/or seek elimination or mitigation of the proposed civil penalty; or\nRequest a hearing as described below to contest the allegations and/or\nproposed assessment of a civil penalty.\n1 of5\n\n\n\nb. When the Notice contains a proposed COMPLIANCE ORDER*--\n1. If you are not contesting the compliance order, notify the Regional\nDirector that you intend to take the steps in the proposed compliance\norder;\nc. 2. If you are not contesting the compliance order but wish to submit written\nexplanations, information, or other materials you believe warrant\nmodification of the proposed compliance order in whole or in part, or you\nseek clarification of the terms of the proposed compliance order, you may\nsubmit such materials. This authorizes PHMSA to make findings and\nissue a compliance order;\n3. If you are contesting the proposed compliance order but are not requesting\nan oral hearing, submit written explanations, information, or other\nmaterials in answer to the allegations in the Notice and stating your\nreasons for objecting to the proposed compliance order items in whole or\nin part; or\n4. Request a hearing as described below to contest the allegations and/or\nproposed compliance order items.\nWhen the Notice contains a WARNING ITEM--\nNo written response is required. The respondent is warned that if it does not\ntake appropriate action to correct these items, enforcement action will be\ntaken if a 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.\nII. Procedures for Responding 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. If you are not contesting the Notice, notify the Regional Director of your plans\nto address the inadequacies identified in the Notice;\nb. If you are not contesting the Notice but wish to submit written explanations,\ninformation, or other materials you believe warrant modification of the Notice\nof Amendment in whole or in part, or you seek clarification of the terms of the\n2 of5\n\n\n\nNotice of Amendment, you may submit such materials. This authorizes\nPHMSA to mak-e findings and issue an Order Directing Amendment;\nc. If you are contesting the Notice of Amendment but are not requesting an oral\nhearing, submit written explanations, information, or other materials in answer\nto the allegations in the Notice and stating your reasons for obiecting to the\nNotice of Amendment items in whole or in part; or\nd. Request 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 Notic.e 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.\nIII. Procedure for Requesting a Hearing\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 may relate to the\nallegations, new information, or to the proposed compliance order or proposed civil\npenalty amount. Refer to 49 C.P.R. § 190.225 for assessment considerations upon which\ncivil penalties are based. A respondent's failure to specify an issue may result in waiver\nof the 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.\nIV. Extensions of Time\nAn extension of time to prepare 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.\nV. Freedom of Information Act\nAny material provided to PHMSA by the respondent, and materials prepared by PHMSA\nincluding the Notice and any order issued in this case, may be considered public\ninformation and subject to disclosure under the Freedom of Information Act (FOIA). If\nyou believe the information you are providing is security sensitive, privileged,\nconfidential or may cause your company competitive disadvantages, please clearly\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 notify you if PHMSA, after reviewing the materials and your provided\njustification, determines that withholding the materials does not meet any exemption\n3 of5\n\n\n\nprovided under the FOIA. You may appeal the agency's decision to release material\nunder the FO IA at that time. Your appeal will stay the release of those materials until a\nfinal decision is made.\nVI. Small Business Regulatory Enforcement Fairness Act Information\nThe Small Business and Agricultural Regulatory Enforcement Ombudsman and 10\nRegional Fairness Boards were established to receive comments from·small businesses\nabout federal agency enforcement actions. The Ombudsman will annually evaluate the\nenforcement activities and rate each agency's responsiveness to small business. If you\nwish to comment on the enforcement actions ofthe Pipeline and Hazardous Materials\nSafety Administration, call1-888-REG-FAIR (1-888-734-3247) or go to\nhttp:/ /www.sba.gov/ombudsman/dsp _ faq.html.\nVII. Payment Instructions\nCivil Penalty Payments of Less Than $10,000\nPayment of a civil penalty of less than $10,000 proposed or assessed, under Subpart B of\nPart 190 of the Pipeline Safety Regulations can be made by certified check, money order\nor wire transfer. Payment by certified check or money order (containing the CPF Number\nfor this case) should be made payable to the \"Department of Transportation\" and should\nbe sent to:\nFederal Aviation Administration\nMike Monroney Aeronautical Center\nFinancial Operations Division (AMZ-341) P .0. Box 269039\nOklahoma City, OK 73125-4915\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\ninstructions are provided below. Questions concerning wire transfer should be directed to\nthe Financial Operations Division at (405) 954-8893, or at the above address.\nCivil Penalty Payments of $10,000 or more\nPayment of a civil penalty of $10,000 or more proposed or assessed under Subpart B of\nPart 190 of the Pipeline Safety Regulations must be made wire transfer (49 C.F.R. §\n89.21 (b)(3)), through the Federal Reserve Communications System (Fedwire) to the\naccount of the U.S. Treasury. Detailed instructions are provided below. Questions\nconcerning wire transfers should be directed to the Financial Operations Division at ( 405)\n954-8893, or at the above address.\n4of5\n\n\n\nINSTRUCTIONS FOR ELECTRONIC FUND TRANSFERS\n(1) RECEIVER ABA NO. (2) TYPE/SUB-TYPE\n021030004 (Provided by sending bank)\n(3) SENDING BANK ABA NO. (Provided by sending bank) (4) SENDING BANK REF NO.\n(Provided by sending bank)·\n(5)AMOUNT (6) SENDING BANK NAME\n(Provided by sending bank)\n(7) RECEIVER NAME TREASNYC (8) PRODUCT CODE\n(Normally CTR, or as provided by sending bank)\n(9) BENEFICIAL (BNF) =AGENCY LOCATION CODE BNF = I ALC-69-14-000 1 ( 1 0) REASONS FOR PAYMENT\nExample: PHMSA - CPF # I Ticket Number/Pipeline\nAssessment number\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 #1- 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 in New York.\nBlock #5 - AMOUNT - You as the sender provide the amount of the transfer. Please be sure the\ntransfer amount is punctuated with commas and a decimal point. EXAMPLE: $10,000.00\nBlock #7 - RECEIVER NAME - \"TREAS NYC\". Ensure the sending bank enters this\nabbreviation. It must be used for all wire transfers to the Treasury Department.\nBlock#9- BENEFICIAL- AGENCY LOCATION CODE- \"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, Department of Transportation.\nBlock #10- REASON FOR PAYMENT- \"AC-payment for PHMSA Case# I 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 2009\n.\n5 of5\n\n320111016_Closure_01062014_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 6, 2014\nMr. Robert W. Carlton\nVice President and Chief Compliance Officer\nSouthern Star Central Gas Pipeline, Inc.\n4700 Highway 56\nOwensboro, Kentucky 42301\nRe: CPF 3-2011-1016\nDear Mr. Carlton:\nOn June 17, 2013, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Southern Star Central Gas Pipeline, Inc. a Final Order in the above-referenced\ncase. This Order included a Compliance Order and Civil Penalty assessment. Based on our\nreview of the documentation you provided and confirmation of payment of the civil\npenalty, it has been determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to\nthe matters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n\n320111016_Final Order_06172013_text.pdf\n\nJUNE 17, 2013\nMr. Jerry L. Morris\nPresident and Chief Executive Officer\nSouthern Star Central Gas Pipeline, Inc.\n4700 Highway 56\nOwensboro, KY 42301\nRe: CPF No. 3-2011-1016\nDear Mr. Morris:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation, assesses a civil penalty of $25,300, and specifies actions that need to be taken by\nSouthern Star to comply with the pipeline safety regulations. This letter acknowledges receipt of\npayment of the full penalty amount, by wire transfer, dated November 22, 2011. When the terms\nof the Compliance Order have been completed, as determined by the Director, Central Region,\nthis enforcement action will be closed. Service of the Final Order by certified mail is deemed\neffective upon the date of mailing, or as otherwise provided","truncated":true,"body_characters":57196}