CPF 320215001
CPF 320215001
case documentOfficial PDF320215001_NOPV PCP_01082021.pdf#
case documentOfficial PDF320215001_NOPV PCP_01082021_text.pdf#
320215001_Final Order_03122021_text.pdf, page 1Official PDFMarch 12, 2021 VIA ELECTRONIC MAIL TO: mike.mears@magellanlp.com Mr. Michael N. Mears President and Chief Executive Officer Magellan Midstream Partners, LP One Williams Center PO Box 22186 MD 27 Tulsa, Oklahoma 74172-2186 Re: CPF No. 3-2021-5001 Dear Mears: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and assesses a civil penalty of $20,700. When the civil penalty has been paid, this enforcement action will be closed. Service of the Final Order by electronic mail is effective upon the date of transmission as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA Mr. Jason Smith, Vice President, Asset Integrity, Magellan Pipeline Company, LP jason.smith@magellanlp.com Mr. Mark Materna, Director, Pipeline Integrity, Magellan Pipeline Company, LP mark.materna@magellanlp.com CONFIRMATION OF RECEIPT REQUESTED#
320215001_Final Order_03122021_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ ) In the Matter of ) ) Magellan Midstream Partners, LP, ) CPF No. 3-2021-5001 ) Respondent. ) ____________________________________) FINAL ORDER On January 8, 2021, pursuant to 49 C.F.R. § 190.207, the Director, Central Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Magellan Midstream Partners, LP (Respondent). The Notice proposed finding that Respondent had violated a pipeline safety regulation in 49 C.F.R. Part 195 and proposed a civil penalty of $20,700. Respondent did not contest the allegation of violation or the proposed civil penalty. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulation listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 195.406(b) (Item 1) ─ Respondent failed to ensure the pressure in a pipeline during surges or other variations from normal operations does not exceed 110 percent of the operating pressure limit established under § 195.406(a). This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. In accordance with 49 C.F.R. § 190.223, I assess Respondent a civil penalty of $20,700. Payment of the civil penalty must be made within 20 days of service. Federal regulations (49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire transfers should be directed to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169. The Financial Operations Division telephone number is (405) 954-8845. Failure to pay the $20,700 civil penalty will result in accrual of interest at the current annual rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to those same authorities, a late penalty charge of six percent (6%) per annum will be charged if#
320215001_Final Order_03122021_text.pdf, page 3CPF No. 3-2021-5001 Page 2 payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral of the matter to the Attorney General for appropriate action in a district court of the United States. WARNING ITEM With respect to Item 2, the Notice alleged a probable violation of 49 C.F.R. § 195.428(a), but did not propose a civil penalty or compliance order for this item. Therefore, this is considered to be a warning item. If OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. March 12, 2021 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.