# MAGELLAN PIPELINE COMPANY, LP — Warning Letter

- **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:** Not available
- **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.

Official case documents:

320135022W_Warning Letter_07242013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135022W/320135022W_Warning%20Letter_07242013.pdf

320135022W_Warning Letter_07242013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135022W/320135022W_Warning%20Letter_07242013_text.pdf

320135022W_Warning Letter_07242013_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
July 24, 2013
Mr. Mike Pearson
Vice President – Technical Services
Magellan Pipeline Company, LP
One Williams Center
Tulsa, OK 74172
CPF 3-2013-5022W
Dear Mr. Mike Pearson:
On November 9 – 13, 2012, representatives of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United
States Code inspected the Magellan Pipeline Company. LP (Magellan) Public Awareness Program in
Tulsa, Oklahoma.
As a result of the inspection, it appears that you have committed a probable violation of the Pipeline
Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable
violation is:
1. § 195.440 Public Awareness
(c) The operator must follow the general program recommendations, including baseline
and supplemental requirements of API RP 1162, unless the operator provides
justification in its program or procedural manual as to why compliance with all or
certain provisions of the recommended practice is not practicable and not necessary for
safety.
Magellan failed to follow the general program recommendations of having an effectiveness evaluation
of its Public Awareness Program every four years. During the inspection, Magellan presented an
effectiveness evaluation of its Public Awareness Program. Based on the requirements of API RP 1162,



the effectiveness evaluation should have been completed by June 20, 2010. Magellan obtained survey
data from a third party vendor, but did not begin its internal effectiveness evaluation of this data until
January 2011. The effectiveness evaluation was subsequently completed sometime in 2011.
According to Magellan representatives, the delay was due to personnel changes within the
organization.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per
violation per day the violation persists up to a maximum of $2,000,000 for a related series of
violations. For violations occurring prior to January 4, 2012, the maximum penalty may not exceed
$100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a related series
of violations. We have reviewed the circumstances and supporting documents involved in this case,
and have decided not to conduct additional enforcement action or penalty assessment proceedings at
this time. We advise you to correct the item identified in this letter. Failure to do so will result in
Magellan being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF
3-2013-5022W. Be advised that all material you submit in response to this enforcement action is
subject to being made publicly available. If you believe that any portion of your responsive material
qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document
you must provide a second copy of the document with the portions you believe qualify for confidential
treatment redacted and an explanation of why you believe the redacted information qualifies for
confidential treatment under 5 U.S.C. 552(b).
Sincerely,
David Barrett
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Compliance Proceedings
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