{"operation":"document","citation":"CPF 32021080NOPV","title":"CALIBER NORTH DAKOTA LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-12-22","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.406(b), 195.440(c), 195.452(l)(1)(ii), 195.507(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021080nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021080nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021080nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32021080NOPV","body":"Notice of Probable Violation involving CALIBER NORTH DAKOTA LLC. PHMSA's enforcement data identifies the cited regulations as 195.406(b),  195.440(c),  195.452(l)(1)(ii),  195.507(b). The case was opened on 2021-12-22 and is reported as closed as of 2023-03-07. Proposed civil penalty: $163,000. Assessed civil penalty: $163,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32021080NOPV_Closure Letter_03072023_(21-199715).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021080NOPV/32021080NOPV_Closure%20Letter_03072023_(21-199715).pdf\n\n32021080NOPV_Closure Letter_03072023_(21-199715)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021080NOPV/32021080NOPV_Closure%20Letter_03072023_(21-199715)_text.pdf\n\n32021080NOPV_Final Order_09022022_(21-199715).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021080NOPV/32021080NOPV_Final%20Order_09022022_(21-199715).pdf\n\n32021080NOPV_Final Order_09022022_(21-199715)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021080NOPV/32021080NOPV_Final%20Order_09022022_(21-199715)_text.pdf\n\n32021080NOPV_Operator Response to Notice_03102022_(21-199715).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021080NOPV/32021080NOPV_Operator%20Response%20to%20Notice_03102022_(21-199715).pdf\n\n32021080NOPV_PCP PCO_12222021_(21-199715).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021080NOPV/32021080NOPV_PCP%20PCO_12222021_(21-199715).pdf\n\n32021080NOPV_PCP PCO_12222021_(21-199715)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021080NOPV/32021080NOPV_PCP%20PCO_12222021_(21-199715)_text.pdf\n\n32021080NOPV_Closure Letter_03072023_(21-199715)_text.pdf\n\nMarch 7, 2023\nMr. Bill Kent\nChief Executive Officer\nCaliber North Dakota, LLC\n1805 Shea Center Drive, Suite 120\nHighlands Ranch, Colorado 80129\nRE: CPF 3-2021-080-NOPV\nDear Mr. Kent:\nOn September 2, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Caliber North Dakota, LLC (Caliber) a Final Order in the above-referenced case. This\nOrder included a Compliance Order and Civil Penalty assessment. Based on our review of the\ndocumentation provided by Caliber and confirmation of payment of the civil penalty, it has been\ndetermined that Caliber has complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Charles Maybee, cmaybee@calibermidstream.com\nAllison Porter, aporter@calibermidstream.com\n\n32021080NOPV_Final Order_09022022_(21-199715)_text.pdf\n\nSeptember 2, 2022\nVIA ELECTRONIC MAIL TO: bkent@calibermidstream.com\nMr. Bill Kent\nChief Executive Officer\nCaliber North Dakota, LLC\n1805 Shea Center Drive, Suite 120\nHighlands Ranch, Colorado 80129\nRe: CPF No. 3-2021-080-NOPV\nDear Mr. Kent:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation, assesses a civil penalty of $163,000, and specifies actions that need to be taken to\ncomply with the pipeline safety regulations. The penalty payment terms are set forth in the Final\nOrder. When the civil penalty has been paid and the terms of the compliance order completed,\nas determined by the Director, Central Region, this enforcement action will be closed. Service of\nthe Final Order by e-mail is effective upon the date of transmission and acknowledgement of\nreceipt as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure (Final Order)\ncc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA\nMr. Charles Maybee, Director of Operations, Caliber Midstream Partners, LP,\ncmaybee@calibermidstream.com\nCONFIRMATION OF RECEIPT REQUESTED\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 )\nCaliber North Dakota, LLC, ) CPF No. 3-2021-080-NOPV\na subsidiary of Caliber Midstream Partners, LP, )\n)\n)\n)\nRespondent. )\n_____________________________________________)\nFINAL ORDER\nOn February 10, March 8-9, March 19, April 12-13 and August 31, 2021, pursuant to 49 U.S.C.\n§ 60117, a representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of\nthe facilities and records of Caliber North Dakota, LLC (Caliber or Respondent) in Alexander,\nNorth Dakota. Caliber is a subsidiary of Caliber Midstream Partners, LP that operates a 23-mile\ncrude oil pipeline system consisting of 12-inch and 16-inch diameter pipe originating at the Hay\nButte gas plant southeast of Alexander, North Dakota and terminating at the Alexander facility\nsouthwest of Williston, North Dakota.1\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated December 22, 2021, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that Caliber had violated the pipeline safety regulations in 49 C.F.R. Part 195\nand proposed assessing a civil penalty of $163,000 for the alleged violations. The Notice also\nproposed ordering Respondent to take certain measures to correct the alleged violations.\nRespondent failed to respond within 30 days after it received the Notice. Caliber’s failure to\nrespond within 30 days constitutes a waiver of its right to contest the allegations in the Notice\nand authorizes the entry of this Final Order.\n2 In an email to the Director on February 25, 2022,\nCaliber acknowledged it had received the Notice on December 22, 2021, and indicated a\nresponse was forthcoming. On March 15, 2022, Caliber requested an extension of time to\nrespond to the Notice, which the Director denied on March 17, 2022. That same day, Caliber\nsubmitted a response to the Notice3 (Response), 85 days after the Notice was issued. In its\n1 Pipeline Safety Violation Report (Violation Report), (December 29, 2021) (on file with PHMSA), at 1.\n2 49 C.F.R. § 192.208(d).\n3 Although the Response is dated March 10, 2022, PHMSA received it on March 17, 2022, after the Director denied\nCaliber’s request for an extension.\n\n\n\nResponse, Caliber contested one of the allegations, offered additional information in response to\nthe Notice, and requested that the proposed civil penalty be reduced or eliminated for two of the\nallegations. Caliber also requested modification of the proposed compliance order. Respondent\ndid not request a hearing.\nFINDINGS OF VIOLATION\nThe Notice alleged that Respondent violated 49 C.F.R. Part 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.406(b), which states:\n§ 195.406 Maximum operating pressure.\n(a) . . . .\n(b) No operator may permit the pressure in a pipeline during surges or\nother variations from normal operations to exceed 110 percent of the\noperating pressure limit established under paragraph (a) of this section.\nEach operator must provide adequate controls and protective equipment to\ncontrol the pressure within this limit.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.406(b) by failing to maintain\npressure within 110 percent of the operating pressure limit from March 8, 2019, to May 5, 2019,\non a pump skid. Specifically, the Notice alleged that the thermal overprotection device had been\nremoved allowing pressure to reach 126 percent of the maximum operating pressure (MOP).\nThe Notice also alleged that this violation is a repeat of a violation found in CPF 3-2019-6001,\nItem No. 2.\nCaliber’s response was received well after the deadline for responding to the Notice. Under\n§ 190.208(d), failure to respond within 30 days of receipt constitutes a waiver of the right to\ncontest the allegations in the Notice. Accordingly, I find the facts as alleged in the Notice.\nMoreover, I have reviewed Caliber’s late-filed Response. In its Response, Caliber admitted that\nfrom March 8, 2019, to May 5, 2019, a pump skid operated at 126 percent of MOP. However,\nCaliber stated it was providing two documents (2019-2020 Rawson Pump Discharge Records\nand D-12034-PID-4010 REV 5) to explain the circumstances and to support a withdrawal of the\nallegation, or in the alternative a reduction in the civil penalty, the latter of which is discussed in\nmore detail below. A review of the documentation provided reveals that Caliber did not submit\nany new information; PHMSA OPS previously reviewed the discharge records during the\ninspection.\n4 Additionally, the records demonstrate that Caliber removed a thermal\noverprotection device which allowed the operating pressure to exceed 110 percent of the MOP.\nAccordingly, based on a review of the evidence and because Caliber’s failure to respond within\n30 days of receipt of the Notice constitutes a waiver of the right to contest the allegations in the\nNotice, I find that Respondent violated 49 C.F.R. § 195.406(b) by failing to maintain pressure\n4 Violation Report, Exhibit A.\n\n\n\nwithin 110 percent of the operating pressure limit from March 8, 2019 to May 5, 2019, on a\npump skid.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.440(c) and (i), which\nstates:\n§ 195.440 Public awareness.\n(a) . . . .\n(c) The operator must follow the general program recommendations,\nincluding baseline and supplemental requirements of API RP 1162, unless\nthe operator provides justification in its program or procedural manual as to\nwhy compliance with all or certain provisions of the recommended practice\nis not practicable and not necessary for safety.\n(i) The operator's program documentation and evaluation results must\nbe available for periodic review by appropriate regulatory agencies.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.440(c) and (i) by failing to provide\nto PHMSA program documentation and evaluation results for Caliber’s periodic review.\nSpecifically, the Notice alleged that Caliber did not provide program documentation and\nevaluation results for the periodic reviews performed in 2017, 2018, and 2019. The Notice\nexplained that API RP 1162 Section 8.3 requires an annual implementation review, and Section\n7.3 of API RP 1162 requires that all program evaluations be kept a minimum of five years.\nAs explained above, Caliber waived the right to contest the allegation. In addition, in its late-\nfiled Response, Respondent did not contest this allegation of violation. Accordingly, based on a\nreview of the evidence and because Caliber’s failure to respond within 30 days of receipt of the\nNotice constitutes a waiver of the right to contest the allegations in the Notice, I find that\nRespondent violated 49 C.F.R. § 195.440(c) and (i) by failing to provide program documentation\nand evaluation results for periodic review.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.452(l)(1)(ii), which states:\n§ 195.452 Pipeline integrity management in high consequence areas.\n(a) . . . .\n(l) What records must an operator keep to demonstrate compliance?\n(1) An operator must maintain, for the useful life of the pipeline, records\nthat demonstrate compliance with the requirements of this subpart. At a\nminimum, an operator must maintain the following records for review\nduring an inspection:\n(i) . . . .\n(ii) Documents to support the decisions and analyses, including any\nmodifications, justifications, deviations and determinations made,\nvariances, and actions taken, to implement and evaluate each element of the\nintegrity management program listed in paragraph (f) of this section.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.452(l)(1)(ii) by failing maintain\n\n\n\nrecords that support the decisions and analyses to implement and evaluate each element of the\nintegrity management program (IMP). Specifically, the Notice alleged that Caliber failed to\nprovide:\n1. adequate documentation regarding information analysis and risk model run updates\nperformed in 2017, 2018, 2019, and 2020 in accordance with § 195.452(f)(3);\n2. records demonstrating compliance with the requirements of § 195.452(f)(5);\n3. documentation from 2017, 2018, 2019, and 2020 showing that the annual reviews for\npreventative and mitigative measures from Section 9.1 of its IMP plan were completed;\nand\n4. the annual IMP evaluation document from 2017, 2018, 2019, and 2020 required by\nSection 11.1 of its IMP plan.\nAs explained above, Caliber waived the right to contest the allegation. In addition, its late-filed\nResponse, Respondent did not contest this allegation of violation but requested modification of\nthe proposed compliance order, as discussed below. Accordingly, based on a review of the\nevidence and because Caliber’s failure to respond within 30 days of receipt of the Notice\nconstitutes a waiver of the right to contest the allegations in the Notice, I find that Respondent\nviolated 49 C.F.R. § 195.452(l)(1)(ii) by failing to maintain the required records for review\nduring the inspection.\nItem 4: The Notice alleged that Respondent violated 49 C.F.R. § 195.507(b), which states:\n§ 195.507 Recordkeeping.\n(a) . . . .\n(b) Records supporting an individual's current qualification shall be\nmaintained while the individual is performing the covered task. Records of\nprior qualification and records of individuals no longer performing covered\ntasks shall be retained for a period of five years.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.507(b) by failing to provide\noperator qualification (OQ) records for a technician who performed a covered task in 2019.\nSpecifically, the Notice alleged that Caliber could not provide OQ records for the technician who\nperformed the July 19, 2019 tank inspection, which is a covered task.\nAs explained above, Caliber waived the right to contest the allegation. In addition, in its late-\nfiled Response, Caliber stated it could not provide the relevant OQ records, but nonetheless\nrequested a reduction in the civil penalty, as discussed below. Accordingly, based on a review of\nthe evidence and because Caliber’s failure to respond within 30 days of receipt of the Notice\nconstitutes a waiver of the right to contest the allegations in the Notice, I find that Respondent\nviolated 49 C.F.R. § 195.507(b) by failing to provide OQ records for a technician who performed\na covered task in 2019.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations.5\nIn determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I\nmust consider the following criteria: the nature, circumstances, and gravity of the violation,\nincluding adverse impact on the environment; the degree of Respondent’s culpability; the history\nof Respondent’s prior offenses; any effect that the penalty may have on its ability to continue\ndoing business; the good faith of Respondent in attempting to comply with the pipeline safety\nregulations; and self-disclosure or actions to correct a violation prior to discovery by PHMSA.\nIn addition, I may consider the economic benefit gained from the violation without any reduction\nbecause of subsequent damages, and such other matters as justice may require. The Notice\nproposed a total civil penalty of $163,000 for the violations cited above.\nItem 1: The Notice proposed a civil penalty of $74,300 for Respondent’s violation of 49 C.F.R.\n§ 195.406(b), for failing to maintain pressure within 110 percent of the operating pressure limit\nfrom March 8, 2019 to May 5, 2019 on a pump skid.\nRespondent’s failure to respond within 30 days of receipt of the Notice constitutes a waiver of\nthe right to contest the allegations in this proceeding. PHMSA also notes that in its late-filed\nResponse, Caliber provided additional documentation to support its assertion that the civil\npenalty should be reduced. Controlling the operating pressure within 110 percent is a\nfundamental part of safe operation and maintenance of a pipeline. In this instance, the civil\npenalty assessment already considered that pipeline safety was minimally affected as the\noverpressure event occurred on a locked out, tagged out section of aboveground piping and did\nnot exceed the rated pressure of the piping. PHMSA discovered this violation during its\ninspection and found that Caliber had no reasonable justification for noncompliance with an\napplicable regulation. Furthermore, as stated above, this is a repeat violation, and Caliber\nprovided no new information for review to support a reduction in or elimination of the proposed\ncivil penalty. Accordingly, having reviewed the record and considered the assessment criteria\nand because Caliber’s failure to respond within 30 days of receipt of the Notice constitutes a\nwaiver of the right to contest the allegations in the Notice, I assess Respondent a civil penalty of\n$74,300 for violation of 49 C.F.R. § 195.406(b).\nItem 2: The Notice proposed a civil penalty of $28,300 for Respondent’s violation of 49 C.F.R.\n§ 195.440(i), for failing to provide program documentation and evaluation results for periodic\nreviews for 2017, 2018, and 2019. In its late-filed Response, Caliber neither contested the\nallegation nor presented any evidence or argument justifying a reduction in or elimination of the\nproposed civil penalty. Accordingly, having reviewed the record and considered the assessment\ncriteria and because Caliber’s failure to respond within 30 days of receipt of the Notice\nconstitutes a waiver of the right to contest the allegations in the Notice, I assess Respondent a\n5 These amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223.\n\n\n\ncivil penalty of $28,300 for violation of 49 C.F.R. § 195.440(i).\nItem 3: The Notice proposed a civil penalty of $32,800 for Respondent’s violation of 49 C.F.R.\n§ 195.452(l)(1)(ii), for failing to maintain records that support the decisions and analyses to\nimplement and evaluate each element of the IMP. In its late-filed Response, Caliber neither\ncontested the allegation nor presented any evidence or argument justifying a reduction in or\nelimination of the proposed civil penalty. Accordingly, having reviewed the record and\nconsidered the assessment criteria and because Caliber’s failure to respond within 30 days of\nreceipt of the Notice constitutes a waiver of the right to contest the allegations in the Notice, I\nassess Respondent a civil penalty of $32,800 for violation of 49 C.F.R. § 195.452(l)(1)(ii).\nItem 4: The Notice proposed a civil penalty of $27,600 for Respondent’s violation of 49 C.F.R.\n§ 195.507(b), for failing to provide operator qualification records for a technician who performed\na covered task in 2019. In its late-filed Response, Respondent argued that the civil penalty\nshould be reduced.\nRespondent’s failure to respond within 30 days of receipt of the Notice constitutes a waiver of\nthe right to contest the civil penalty in this proceeding. PHMSA also notes that in its late-filed\nResponse, Respondent asserted it had a good faith reason for its noncompliance. Caliber argued\nthat since the technician who performed the covered task in 2019 has passed away, it cannot\nlocate the records. Accordingly, “[u]nder the circumstance and inability to obtain records for a\ndeceased individual,” Caliber requests a reduction of the civil penalty. This is not a reasonable\njustification for noncompliance. According to § 195.507(b), OQ records must be maintained for\nfive years after an individual no longer performs covered tasks. Operators must have systems in\nplace to maintain such records. Accordingly, having reviewed the record and considered the\nassessment criteria and because Caliber’s failure to respond within 30 days of receipt of the\nNotice constitutes a waiver of the right to contest the allegations in the Notice, I assess\nRespondent a civil penalty of $27,600 for violation of 49 C.F.R. § 195.507(b).\nIn summary, having reviewed the record and considered the assessment criteria and because\nCaliber’s failure to respond within 30 days of receipt of the Notice constitutes a waiver of the\nright to contest the allegations in the Notice, I assess Respondent a total civil penalty of\n$163,000.\nPayment of the civil penalty must be made within 20 days after receipt of this Final Order.\nFederal regulations (49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer\nthrough the Federal Reserve Communications System (Fedwire), to the account of the U.S.\nTreasury. Detailed instructions are contained in the enclosure. Questions concerning wire\ntransfers should be directed to: Financial Operations Division (AMK-325), Federal Aviation\nAdministration, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City,\nOklahoma 79169. The Financial Operations Division telephone number is (405) 954-8845.\nFailure to pay the $163,000 civil penalty will result in accrual of interest at the current annual\nrate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 days of service. Furthermore, failure to pay the civil penalty\n\n\n\nmay result in referral of the matter to the Attorney General for appropriate action in a district\ncourt of the United States.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 3 in the Notice for a violation of\n49 C.F.R. § 195.452(l)(1)(ii). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601.\nRespondent’s failure to respond within 30 days of receipt of the Notice constitutes a waiver of\nthe right to contest the compliance order in this proceeding. PHMSA also notes that in its late-\nfiled Response, Caliber requested that compliance item A.i be removed or, in the alternative,\nmodified “to clarify the specific updates which are needed to comply with the requirements of\n§ 195.452(f)(6).”6 Specifically, Caliber asserted that “[i]t is unclear based on the NOPV\nfindings” what updates it needs to make to its IMP. Caliber, however, did not submit any\nadditional reasoning or information supporting uncertainty or ambiguity in the compliance term\nor documentation demonstrating compliance with § 195.452(f)(6). For the above reasons, I find\nno reason to remove or modify the Compliance Order.\nTherefore, pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217,\nRespondent is ordered to take the following actions to ensure compliance with the pipeline safety\nregulations applicable to its operations:\nA. With respect to the violation of § 195.452(l)(1)(ii) (Item 3), Respondent must\nupdate its IMP plan and submit for Director approval within 90 days of receipt of the\nFinal Order, as follows:\ni. Pertaining to preventative and mitigative measures, Caliber must\nupdate its IMP to comply with the requirements of § 195.452(f)(6),\nand maintain the required documentation of such updates; and\nii. Pertaining to IMP effectiveness measurement, Caliber must\nconduct performance effectiveness measurements as required by\n§ 195.452(f)(7), and maintain documentation of such review as\nrequired.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nPHMSA requests that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: (1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\n6 Response, at 2-3.\n\n\n\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (see 49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address. The written petition must be received no later than\n20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a\nstatement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.243. The filing of a\npetition automatically stays the payment of any civil penalty assessed. The other terms of the\norder, including corrective action, remain in effect unless the Associate Administrator, upon\nrequest, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nSeptember 2, 2022\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":25930}