{"operation":"document","citation":"CPF 420037001","title":"CHEVRON U.S.A. INC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-12-15","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420037001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420037001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420037001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420037001","body":"Notice of Probable Violation involving CHEVRON U.S.A. INC. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(3). The case was opened on 2003-12-15 and is reported as closed as of 2005-05-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420037001_Final Order_05192005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420037001/420037001_Final%20Order_05192005.pdf\n\ncpf_420037001.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420037001/cpf_420037001.pdf\n\n420037001_Final Order_05192005.pdf\n\n@\nU.S. Deporfment\nof Tronsportotlon\nPlpellne ond\nHozordous l otedob Sototy\nldministrotion\n400 Sevenlh Streel, S.W.\nwashington, D.c. 20590\n|\\{AY 1 I 2005\nMr. Doug Lanier\nVice President of Operations\nChewon U.S.A. Inc.\n935 Gravier St.\nNew Orleans. LA 70112\nRe: CPFNo.4-2003-7001\nDear Mr. Lanier:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes a finding of violation and finds that you have completed the\nactions specified in the Notice to comply with the pipeline safety regulations. This case is now\nclosed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R.\n$ re0.5.\nSincerely,\n\\ //1\nd ,,*., f F--\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline SafetY\nEnclosure\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nChewonU.S.A. Inc.,\nRespondent\nCPF No. 4-2003-7001\nFINALORDER\nOn June 16 - 20,2003, pursuant to 49 U.S.C. $ 60117, a representative of the Office of Pipeline\nSafety (OPS), Research and Special Programs Administration (RSPA), conducted an on-site\npipeline safety inspection of Respondent's operations and maintenance procedures for offshore\nliquid pipeline systems in Louisiana.' As a result of the inspection, the Director, Southwest\nRegion, OPS, issued to Respondent, by letter dated December 75,20O3, a Notice of Probable\nViolation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. fi 190.207,\nthe Notice proposed finding that Respondent had violated 49 C.F.R. $ 195.402(c)(3) and\nproposed that Respondent take certain measures to correct the alleged violation.\nRespondent responded to the Notice by letter dated January 13,2004 @esponse). Respondent\ndid not contest the allegation of violation and provided information conceming the corrective\naction it has taken. Respondent also submitted a copy of its procedures. Respondent did not\nrequest a hearing, and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, Respondent did not contest the violation alleged in the Notice. Accordingly, I\nfind that Respondent violated the following section of 49 C.F.R, Part 195, as more fully\ndescribed in the Notice:\n49 C.F.R. $ 195.402(c)(3) - failing to include in its manual for operations and\nmaintenance procedures for operating scraper and sphere facilities in accordance with the\nrequirements of $ 195.426.\nt On November 30,2004, the Norman Y. Mineta Research and Special Programs Improvement Act, Pub. L.\nNo. 108-426, 118 Stat. 2423, created the Pipeline and Hazardous Materials Safety Adminishation (PHMSA) and\nfransferred the authority of RSPA exercised under chapter 601 of title 49, United States Code, to the Administrator\nof PHMSA. See also 70 Fed. Reg. 8299, 8301-8302 (2005) (delegating authority to the Administrator of PHMSA)'\n\n\n\n2\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order for the violation. Under 49 U.S.C. $ 60118(a), each\nperson who engages in the transportation of hazardous liquids or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established under\nChapter 601. The Director, Southwest Region, OPS has indicated that Respondent has taken the\nfollowing actions specified in the Proposed Compliance Order:\nRespondent has incorporated into its operations and maintenance manual adequate\nprocedures for operating scraper and sphere facilities in accordance with $ 195.426.\nAccordingly, since compliance has been achieved with respect to this violation, it is not\nnecessary to include the compliance terms in this Order. The terms and conditions of this Final\nOrder are effective on receipt.\nfuiAY I 9 2005\nDate Issued\n!\"*for Pipeline Safety","truncated":false,"body_characters":4520}