{"operation":"document","citation":"CPF 420022001","title":"BLACK MARLIN PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-04-18","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.201(a)(2)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420022001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420022001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420022001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420022001","body":"Notice of Probable Violation involving BLACK MARLIN PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 192.201(a)(2)(i). The case was opened on 2002-04-18 and is reported as closed as of 2002-12-03. Proposed civil penalty: $30,000. Assessed civil penalty: $30,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420022001_Final Order_12032002.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420022001/420022001_Final%20Order_12032002.pdf\n\n420022001_Final Order_12032002.pdf\n\nt t\no\nUS.Deoofirnent\nof fronsDonofion\nReseorEh(nrd\nSpeclol Prognorrs\nAdmlniitrqtion\n400 Seventh Slreet, S,W.\nWashington. o.C. 20590\nDEC - 3 n02\nMr. Robert T. Cronk\nVice President of Technical Services\nWilliams Energy Services\nWilliams South One Building\n1800 South Baltimore Avenue\nTulsa, OK 74 | 19\nRe: CPFNo.4-2002-2001\nDear Mr. Cronk:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation and assesses a civil penalty of $30,000. The\npenalty payment terns are set forth in the Final Order. This enforcement action closes automatically\nupon payment. Your receipt of the Final Order constitutes service of that document under 49 C.F.R.\n$ 190.5.\nSincerely,\nGwendolynM.\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Joe Freisberg\nSenior Compliance Coordinator\nWilliams Energy Services\nP.O.Box21628\nTulsa. OK7412l\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\n' (\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nMlliams Field Services,\nRespondent.\nCPF No. 4-2002-2001\nFINAL ORDER\nOn September 17 and 18, 2001, pursuant to 49 U.S.C. $ 60117, a representative of the Office of\nPipeline Safety (OPS) conducted an on-site pipeline safety inspection of Respondent's Black Marlin\npipeline system facilities and records in Galveston County, Texas and the Gulf of Mexico. As a\nresult of the inspection, the Director, Southwest Region, OPS, issued to Respondent, by letter dated\nAprillS,2002,aNoticeofProbableViolationandProposedCivilPenalty(Notice). Inaccordance\nwith 49 C.F.R. $ 190.207, the Notice proposed finding that Respondent violated 49 C.F.R.\ng 192.201(a)(2)(i) and proposed assessing a civil penalty of $30,000 for the alleged violation.\nRespondent responded to the Notice by letter dated May 17,2002 (Response). Respondent did not\ncontest the allegation of violation, provided information conceming the corrective actions it has\ntaken, and stated that it intended to pay the proposed civil penalty. Respondent did not request a\nhearing, consequently Respondent has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, Respondent did not contest the alleged violation in the Notice. Accordingly, I find\nthat Respondent violated the following section of 49 C.F.R. Part 192, as more fully described in the\nNotice:\n49 C.F.R. g 192.201(a)(2)(i) - fallingto set pressure limiting devices properly to ensure that\nRespondent's Black Madin pipeline pressure could not exceed its maximum allowable\noperating pressure (\"MAOP\") plus l0 percent.\nThis finding ofviolationwill be considered aprior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. $ 60122, Respondent is subject to a civil penalty not to exceed $25,000 per\nviolation for each d'ay of the violation up to a maximum of $500,000 for any related series of\nviolations.\n49 U.S.C. $ 60122 and 49 C.F.R. $ 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity ofthe violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nThe Notice proposed a total civil penalty of $30,000 for Respondent's violation of\n$ 192.201(a)(2)(i), failure to properly set its emergency shut-down devices at three separate\nlocations. Excessive presswe can cause pipeline failures and the subsequent release of natural gas\ninto the environment. This is ofparticular concern because the subject pipeline is situated in a Class\n3 location, making the release of natural gas a serious hazard to the public. In its Response,\nRespondent described the prompt corrective action it has taken and agreed to pay the proposed civil\npenalty. Accordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a total civil penalty of $30,000.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations\n(49 C.F.R. $ 89.21OX3) require this payment be made bywiretransfer, throughthe Federal Reserve\nCommunications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions are\ncontained in the enclosure. Questions conceming wire transfers should be directed to: Financial\nOperations Division (AMZ-120), Federal Aviation Administration, Mike Monroney Aeronautical\nCenter, P.O. Box 25770, Oklahoma City, OK 73125; (405)9544?19.\nFailure to pay the $30,000 civil penalty will result in accrual ofinterest at the current annual rate in\naccordancewith3l U.S.C. 53717,31C.F.R. $90l.9and49C.F.R. $ 89.23. Pursuanttothosesame\nauthorities, a late penalty charge of six percent (6%) per anmrm will be charged if payment is not\nmade within I l0 days of service. Furthermore, failure to pay the civil penalty may result in refenal\nof the matter to lhe Attorney General for appropriate action in a United States District Court.\nUnder 49 C.F.R. $ 190.215, Respondent has the right to petition for reconsideration of this Final\nOrder. However, ifthe civil penalty is paid, the case closes automatically and Respondent waives\nthe right to petition for reconsideration. The filing of the petition automatically stays the payment\n\n\n\nof any civil penalfy assessed. The petition must be received within 20 days of Respondent's receipt\nof this Final Order and must contain a brief statement of the issue(s). The terms and conditions of\nthis Final Order are effective on receipt.\nt)Ec - 3 2002\nDate Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":6389}