{"operation":"document","citation":"CPF 32024026WL","title":"BBT ALATENN, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-02-23","effective_on":null,"summary":"CLOSED warning letter citing 191.29(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024026wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024026wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024026wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024026WL","body":"Warning Letter involving BBT ALATENN, LLC. PHMSA's enforcement data identifies the cited regulation as 191.29(b). The case was opened on 2024-02-23 and is reported as closed as of 2024-02-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024026WL_Warning Letter_02232024_(23-264472).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024026WL/32024026WL_Warning%20Letter_02232024_(23-264472).pdf\n\n32024026WL_Warning Letter_02232024_(23-264472)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024026WL/32024026WL_Warning%20Letter_02232024_(23-264472)_text.pdf\n\n32024026WL_Warning Letter_02232024_(23-264472)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: rcasadaban@blackbearllc.com; lbonner@blackbearllc.com\nFebruary 23, 2024\nMr. Rene Casadaban\nPresident and Chief Executive Officer\nBlack Bear Transmission, LLC\n1501 McKinney St. Suite 800\nHouston, TX 77010\nCPF 3-2024-026-WL\nDear Mr. Rene Casadaban:\nFrom March 21, 2023 through November 3, 2023 of the on-site inspection, a representative of\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601\nof 49 United States Code (U.S.C.), inspected Black Bear Transmission, LLC (“BBT”) pipeline\nfacilities and records in Muscle Shoals, Alabama.\nAs a result of the inspection, it is alleged that BBT has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected\nand the probable violation is:\n1. § 191.29 National Pipeline Mapping System.\n(a) . . . .\n(b) The information required in paragraph (a) of this section must be submitted\neach year, on or before March 15, representing assets as of December 31 of the\nprevious year. If no changes have occurred since the previous year's submission, the\noperator must comply with the guidance provided in the NPMS Operator Standards\nmanual available at www.npms.phmsa.dot.gov or contact the PHMSA Geographic\nInformation Systems Manager at (202) 366-4595\nBBT failed to make annual submittals to the NPMS. During the inspection, in response to\nPHMSA’s request for documentation of geospatial data submitted to PHMSA, BBT failed to\nprovide records that any information was submitted for calendar years 2019 and 2021, as\nrequired, before March 15, 2020 and March 15, 2022, respectively. Therefore, BBT is in\nviolation of § 191.29(b).\n\n\n\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a\nrelated series of violations. For violation occurring on or after January 6, 2023 and before\nDecember 28, 2023, the maximum penalty may not exceed $257,664 per violation per day the\nviolation persists, up to a maximum of $2,576,627 for a related series of violations. For violation\noccurring on or after March 21, 2022 and before January 6, 2023, the maximum penalty may not\nexceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for\na related series of violations. For violation occurring on or after May 3, 2021 and before March\n21, 2022, the maximum penalty may not exceed $225,134 per violation per day the violation\npersists, up to a maximum of $2,251,334 for a related series of violations. For violation\noccurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may not\nexceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for\na related series of violations. For violation occurring on or atter July 31, 2019 and betore\nJanuary 11, 2021, the maximum penalty may not exceed $218,647 per violation per day the\nviolation persists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items) identified in this letter. Failure to do so will result in\nBlack Bear Transmission, LLC being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 3-2024-026-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nCC:\nLarry Bonner, VP of Operations (Ibonner@blackbearllc.com)","truncated":false,"body_characters":5215}