{"operation":"document","citation":"CPF 320135022W","title":"MAGELLAN PIPELINE COMPANY, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-07-24","effective_on":null,"summary":"CLOSED warning letter citing 195.440(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135022w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135022w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135022w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320135022W","body":"Warning Letter involving MAGELLAN PIPELINE COMPANY, LP. PHMSA's enforcement data identifies the cited regulation as 195.440(c). The case was opened on 2013-07-24 and is reported as closed as of 2013-07-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320135022W_Warning Letter_07242013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135022W/320135022W_Warning%20Letter_07242013.pdf\n\n320135022W_Warning Letter_07242013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135022W/320135022W_Warning%20Letter_07242013_text.pdf\n\n320135022W_Warning Letter_07242013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 24, 2013\nMr. Mike Pearson\nVice President – Technical Services\nMagellan Pipeline Company, LP\nOne Williams Center\nTulsa, OK 74172\nCPF 3-2013-5022W\nDear Mr. Mike Pearson:\nOn November 9 – 13, 2012, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United\nStates Code inspected the Magellan Pipeline Company. LP (Magellan) Public Awareness Program in\nTulsa, Oklahoma.\nAs a result of the inspection, it appears that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable\nviolation is:\n1. § 195.440 Public Awareness\n(c) The operator must follow the general program recommendations, including baseline\nand supplemental requirements of API RP 1162, unless the operator provides\njustification in its program or procedural manual as to why compliance with all or\ncertain provisions of the recommended practice is not practicable and not necessary for\nsafety.\nMagellan failed to follow the general program recommendations of having an effectiveness evaluation\nof its Public Awareness Program every four years. During the inspection, Magellan presented an\neffectiveness evaluation of its Public Awareness Program. Based on the requirements of API RP 1162,\n\n\n\nthe effectiveness evaluation should have been completed by June 20, 2010. Magellan obtained survey\ndata from a third party vendor, but did not begin its internal effectiveness evaluation of this data until\nJanuary 2011. The effectiveness evaluation was subsequently completed sometime in 2011.\nAccording to Magellan representatives, the delay was due to personnel changes within the\norganization.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not exceed\n$100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a related series\nof violations. We have reviewed the circumstances and supporting documents involved in this case,\nand have decided not to conduct additional enforcement action or penalty assessment proceedings at\nthis time. We advise you to correct the item identified in this letter. Failure to do so will result in\nMagellan being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF\n3-2013-5022W. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive material\nqualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n2","truncated":false,"body_characters":4046}