# TRANSMONTAIGNE OPERATING COMPANY L.P. — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 320135025
- **title:** TRANSMONTAIGNE OPERATING COMPANY L.P. — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2013-08-19
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.402(c)(13).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-320135025.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-320135025.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-320135025
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/320135025
**body:**

Notice of Probable Violation involving TRANSMONTAIGNE OPERATING COMPANY L.P.. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(13). The case was opened on 2013-08-19 and is reported as closed as of 2014-11-25. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

320135025_Closure_11252014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135025/320135025_Closure_11252014.pdf

320135025_Closure_11252014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135025/320135025_Closure_11252014_text.pdf

320135025_Final Order_05082014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135025/320135025_Final%20Order_05082014.pdf

320135025_Final Order_05082014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135025/320135025_Final%20Order_05082014_text.pdf

320135025_NOPV PCO_08192013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135025/320135025_NOPV%20PCO_08192013.pdf

320135025_NOPV PCO_08192013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135025/320135025_NOPV%20PCO_08192013_text.pdf

320135025_Operator Response to Notice_10292013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135025/320135025_Operator%20Response%20to%20Notice_10292013.pdf

320135025_Final Order_05082014_text.pdf

MAY 8, 2014
Mr. Charles L. Dunlap
Chief Executive Officer
TransMontaigne Operating Company, LP
1670 Broadway, Room 3100
Denver, Colorado 80202
Re: CPF No. 3-2013-5025
Dear Mr. Dunlap:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and specifies actions that need to be taken by TransMontaigne Operating Company,
LP, to comply with the pipeline safety regulations. When the terms of the compliance order have
been completed, as determined by the Director, Central Region, this enforcement action will be
closed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,
or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Ms. Linda Daugherty, Director, Central Region, OPS
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
__________________________________________
In the Matter of )
TransMontaigne Operating Company, LP, ) CPF No. 3-2013-5025
)
)
)
Respondent. )
__________________________________________)
FINAL ORDER
On October 1-5, 2012, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the facilities and records of TransMontaigne
Operating Company, LP (TransMontaigne or Respondent), in Missouri and Arkansas. The
inspection covered the company’s Razorback Pipeline facilities in Missouri and Arkansas
(Razorback Pipeline) and an examination of TransMontaigne records at the company’s offices in
Rogers, Arkansas. TransMontaigne is a terminal services company providing use, storage and
transportation services for oil and gas distributors and marketers in multiple states, including
Florida, Missouri, Arkansas, Texas, Louisiana, Alabama, Georgia, Mississippi, North Carolina,
South Carolina and Virginia.1
As a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,
by letter dated August 19, 2013, a Notice of Probable Violation and Proposed Compliance Order
(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that
TransMontaigne had violated 49 C.F.R. § 195.402, and ordering Respondent to take certain
measures to correct the alleged violation.
TransMontaigne first responded to the Notice by letter dated October 29, 2013, and again by
letter dated December 11, 2013 (collectively, Response). The company did not contest the
allegation of violation but provided information concerning the corrective actions it had taken
and submitted copies of its revised procedures for review by the Director. Respondent did not
request a hearing and therefore has waived its right to one.
1 TransMontaigne Operating Company, LP, About TLP, available at http://www.transmontaignepartners.com/about-
transmontaigne-limited-partners (last accessed March 17, 2014).



2
FINDING OF VIOLATION
In its Response, TransMontaigne did not contest the allegation in the Notice that it violated
49 C.F.R. Part 195, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(c), which states, in
relevant part:
§ 195.402 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each pipeline
system a manual of written procedures for conducting normal operations
and maintenance activities and handling abnormal operations and
emergencies. This manual shall be reviewed at intervals not exceeding 15
months, but at least once each calendar year, and appropriate changes
made as necessary to insure that the manual is effective. . . .
(c) Maintenance and normal operations. The manual required by
paragraph (a) of this section must include procedures for the following to
provide safety during maintenance and normal operations:
(1) . . .
(13) Periodically reviewing the work done by operator personnel to
determine the effectiveness of the procedures used in normal operation
and maintenance and taking corrective action where deficiencies are
found. . . .
The Notice alleged that Respondent violated 49 C.F.R. § 195.402(c) by failing to prepare and
follow a manual of written procedures for conducting normal operations and maintenance
procedures. Specifically, the Notice alleged that TransMontaigne had prepared written
procedures in its operations and maintenance manual to evaluate company personnel but had
failed to document periodic reviews of the work done to determine the effectiveness of its
normal operation and maintenance procedures. During the inspection, TransMontaigne was able
to provide documentation that the performance of individual personnel was regularly reviewed,
but no systematic steps were taken to ensure that overall operations and maintenance procedures
were effective.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.402(c) by failing to prepare and
follow a manual of written procedures for conducting normal operations and maintenance
procedures.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.



3
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for violation of
49 C.F.R. § 195.402(c). Under 49 U.S.C. § 60118(a), each person who engages in the
transportation of hazardous liquids or who owns or operates a pipeline facility is required to
comply with the applicable safety standards established under chapter 601. The Director has
indicated that Respondent has taken the following actions to address the cited violation:
1. With regard to Item No. 1(i) in the proposed compliance order, Respondent
provided its amended “DOT Employee Appraisal Form” to ensure the proper
review of work performed by company personnel to determine the effectiveness
of operation and maintenance procedures. In addition, Respondent provided
copies of its amended “Annual/Periodic Review & Procedure Request Form,”
which provided further opportunity for evaluation of the company’s operation and
maintenance procedures.
Accordingly, I find that compliance has been achieved with respect to this violation. Therefore,
the compliance terms proposed in the Notice for Item 1(i) are not included in this Order.
As for the remaining compliance terms, pursuant to the authority of 49 U.S.C. § 60118(b) and
49 C.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance
with the pipeline safety regulations applicable to its operations:
1. With respect to the violation of § 195.402(c) (Item 1(ii) of the proposed
compliance order), TransMontaigne must, within 90 days of receipt of this Final
Order, review all operations and maintenance work performed on the Razorback
Pipeline in the 180 days prior to the date of this Final Order. This review is to
determine the effectiveness of its manual of written procedures required by §
195.402(a), any applicable standards, and the revised procedures developed as a result
of the Notice. Any deficiencies or improvements identified as a result of this review
will be corrected, and documentation of any corrective actions will be provided to the
Director within 30 days of completing the review.
2. It is requested (not mandated) that TransMontaigne maintain documentation of
the safety improvement costs associated with fulfilling this Compliance Order and
submit the total to Linda Daugherty, Director, Central Region, Pipeline and
Hazardous Materials Safety Administration. It is requested that these costs be
reported in two categories: 1) total cost associated with preparation/revision of plans,
procedures, studies and analyses; and 2) total cost associated with replacements,
addition and other changes to pipeline infrastructure.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.



4
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $200,000 for each violation for each day the violation continues or in referral to the
Attorney General for appropriate relief in a district court of the United States.
The terms and conditions of this Final Order [CPF No. 3-2013-5025] are effective upon service
in accordance with 49 C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety

320135025_Closure_11252014_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
November 25, 2014
Mr. Charles L. Dunlap
Chief Executive Officer
TransMontaigne Operating Company, LP
1670 Broadway, Room 3100
Denver, Colorado 80202
Re: CPF 3-2013-5025
Dear Mr. Dunlap:
On May 8, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to TransMontaigne a Final Order in the above-referenced case. This Order included a
Compliance Order. Based on our review of the documentation you provided, it has been
determined that you have complied with the terms of this Order.
Accordingly, this case is now closed and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Allan Beshore
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
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