# GULF SOUTH PIPELINE COMPANY, LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 32022053NOPV
- **title:** GULF SOUTH PIPELINE COMPANY, LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2022-08-22
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 191.23(a)(5), 192.161(c), 192.465(c), 192.465(d), 192.605(a), 192.605(b)(1), 192.907(a).
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- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/32022053NOPV
**body:**

Notice of Probable Violation involving GULF SOUTH PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 191.23(a)(5),  192.161(c),  192.465(c),  192.465(d),  192.605(a),  192.605(b)(1),  192.907(a). The case was opened on 2022-08-22 and is reported as closed as of 2024-10-18. Proposed civil penalty: $90,700. Assessed civil penalty: $90,700. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

32022053NOPV_Closure Letter_10182024_(21-210151).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022053NOPV/32022053NOPV_Closure%20Letter_10182024_(21-210151).pdf

32022053NOPV_Closure Letter_10182024_(21-210151)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022053NOPV/32022053NOPV_Closure%20Letter_10182024_(21-210151)_text.pdf

32022053NOPV_Final Order_11102022_(21-210151).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022053NOPV/32022053NOPV_Final%20Order_11102022_(21-210151).pdf

32022053NOPV_Final Order_11102022_(21-210151)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022053NOPV/32022053NOPV_Final%20Order_11102022_(21-210151)_text.pdf

32022053NOPV_PCP PCO_08222022_(21-210151).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022053NOPV/32022053NOPV_PCP%20PCO_08222022_(21-210151).pdf

32022053NOPV_PCP PCO_08222022_(21-210151)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32022053NOPV/32022053NOPV_PCP%20PCO_08222022_(21-210151)_text.pdf

32022053NOPV_Final Order_11102022_(21-210151)_text.pdf

November 10, 2022
VIA ELECTRONIC MAIL TO: stan.horton@bwpipelines.com
Mr. Stanley C. Horton
President and Chief Executive Officer
Boardwalk Pipeline Partners, LP
9 Greenway Plaza, Suite 2800
Houston, Texas 77066
Re: CPF No. 3-2022-053-NOPV
Dear Mr. Horton:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation, assesses a civil penalty of $90,700, and specifies actions that need to be taken to
comply with the pipeline safety regulations. When the civil penalty has been paid and the terms
of the compliance order are completed, as determined by the Director, Central Region, this
enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date
of transmission and acknowledgement of receipt 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 A. Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA
Ms. Tina Baker, Manager, Compliance Services, Boardwalk Pipeline Partners, LP,
tina.baker@bwpipelines.com
CONFIRMATION OF 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 )
Gulf South Pipeline Company, LLC, ) CPF No. 3-2022-053-NOPV
a subsidiary of Boardwalk Pipeline Partners, LP, )
)
)
)
Respondent. )
_____________________________________________)
FINAL ORDER
On August 22, 2022, 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 Gulf South Pipeline
Company, LLC (Respondent), a subsidiary of Boardwalk Pipeline Partners, LP. The Notice
proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. parts
191 and 192. The Notice also proposed certain measures to correct the violations. Respondent
did not contest the allegations of violation, the proposed civil penalty, or corrective measures.
Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the
pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is
incorporated by reference:
49 C.F.R. § 191.23(a)(1)(5) (Item 1) ─ Respondent failed to report safety-related
conditions involving facilities in service in accordance with 49 C.F.R. § 191.25,
including any material defect or physical damage that impairs the serviceability of
a pipeline that operators at a hoop stress of 20 percent or more of its specified
minimum yield strength, or the serviceability of the structural integrity of a
UNGSF.
49 C.F.R. § 192.161(c) (Item 2) ─ Respondent failed to design and install each
support on its exposed pipelines using durable, noncombustible material.
49 C.F.R. § 192.465(c) (Item 3) – Respondent failed to electronically check for
proper performance six times each calendar year, but with intervals not exceeding
2 ½ months, each reverse current switch, diode, and interference bond whose
failure would jeopardize structure protection. Respondent also failed to check
each interference bond for proper performance at least once each calendar year,
but with intervals not exceeding 15 months.



49 C.F.R. § 192.465(d) (Item 4) – Respondent failed to take prompt remedial
action to correct deficiencies indicated by corrosion control monitoring.
49 C.F.R. § 192.605(b)(1) (Item 6) – Respondent failed to prepare and follow
written procedures for operating, maintaining, and repairing the pipeline in
accordance with the requirements of subparts L and M of part 192.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent. In accordance with 49 C.F.R. § 190.223, I assess Respondent a
total civil penalty of $90,700.
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 $90,700 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
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.
Compliance Actions
Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the
actions proposed in the enclosed Notice to correct the violations. 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. Upon completion
of the ordered actions, Respondent may request that the Director close the case. Failure to
comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223
or in referral to the Attorney General for appropriate relief in a district court of the United States.
Warning Items
With respect to Items 5 and 7, the Notice alleged probable violations of 49 C.F.R. §§ 192.605(a)
and 192.907(a), respectively, but did not propose a civil penalty or compliance order for these
items. Therefore, these are considered to be warning items. If OPS finds a violation of any of
these items 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.
November 10, 2022
___________________________________ _________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety

32022053NOPV_Closure Letter_10182024_(21-210151)_text.pdf

VIA ELECTRONIC MAIL TO: Scott.Hallam@bwpipelines.com; tina.baker@bwpipelines.com
October 18, 2024
Scott Hallam
President/CEO
Gulf South Pipeline Company, LLC
9 Greenway Plaza, Suite 2800
Houston, TX 77066
RE: CPF 3-2022-053-NOPV
Dear Mr. Hallam
On November 10, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to Gulf South Pipeline Company, LLC (“Gulf South”) a Final Order in the above-referenced
case. This Order included a Compliance Order requiring Gulf South to take the actions to correct
the violations and a Civil Penalty assessment. Based on our review of the documentation provided
by Gulf South and confirmation of payment of the civil penalty, it has been determined that Gulf
South has complied with the terms of the Final 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,
Gregory A. Ochs
Director, Central Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
cc: Tina Baker, Manager, Compliance Services
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