{"operation":"document","citation":"CPF 420045022","title":"RIO VISTA ENERGY PARTNERS, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-05-20","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420045022.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420045022.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420045022","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420045022","body":"Notice of Probable Violation involving RIO VISTA ENERGY PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.452(b)(2). The case was opened on 2004-05-20 and is reported as closed as of 2005-03-18. Proposed civil penalty: $5,000. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420045022_Final Order_03182005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420045022/420045022_Final%20Order_03182005.pdf\n\ncpf420045022.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420045022/cpf420045022.pdf\n\n420045022_Final Order_03182005.pdf\n\n@\nU.S. Deporfment\nof Tronsportolion\nPlpelin€ qnd\nHozoldous moleriols Sofety\nAdministrqtion\n400 Seventh Street, S.W.\nWashington, D.C. 20590\n[4Ait i I ii]i,',\nMr. Charles C. Handly\nExecutive Vice President\nPenn Octane Corporation\nTwo Memorial CityPlaza\n820 Gessner, Suite 1285\nHouston, Texas 77024\nRe: CPF No. 4-2004-5022\nDear Mr. Handly:\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 assesses a civil penalty. I\nacknowiedge receipt of and accept your wire hansfer for $5,000 as payment in full of the civil\npenalty assessed in the Final Order. The Finai Order also acknowledges your completion of the\nproposed compliance order items to comply with the pipeline safety regulations. This case is\nnow closed. Your receipt of the Final Order constitutes service of that document under\n49 C.F.R. 6 190.5.\nSincerely,\nN /,r\nd-* Yb-\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pioeline Safety\nEnclosure\nRod Seeley, Region Director\nSouthwest Region, OPS\nCERTIFIED MAIL'_ RETT]RN RECEIPT FJOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS'MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nPenn Octane Corporation,\nRespondent\nCPF No. 4-2004-5022\nFINAL ORDER\nOn May 20,2004, in accordance with 49 C.F.R. $ 190.207, the Director, Southwest Region,\nOffice of Pipeline Safety (OPS), issued Respondent a Notice of Probable Violation, Proposed\nCivil Penalty and Proposed Compliance Order (Notice). The Notice proposed frnding that\nRespondent had violated 49 C.F.R. $ 195.452(bX2) and proposed assessing a civil penalty of\n$S,OOO for the alleged violation. The Notice also proposed that Respondent take certain\nmeasures to correct the alleged violation.\nAfter requesting and receiving an extension of time to respond, Respondent submitted\ninformation on September 16, September 20, and November 16,2004, conceming the corrective\nactions it has taken. Respondent submitted a wire transfer in the amount of the proposed civil\npenalty (s5,000) on June 17,2004, waiving further nght to respond and authorizing the entry of\nthis Final Order.\npursuant to 49 C.F.R. g 190.213 and 49 U.S.C. $ 60122,I find that Respondent violated the\nfollowing section of 49 C.F.R. Pafi 195, as more fully described in the Notice:\n49 C.F.R. $ 195.452(b)(2) - failing to include in the written integrity management\nprogram an ldentihcation of each Category 2 pipeline or pipeline segment by November\n18,2002.\nThis finding of violation will be considered a prior offense in any subsequent enforcement actron\ntaken agaiist Respondent. I assess Respondent a civil penalty of $5,000, already paid by\nRespondent.\nThe Notice aiso proposed a compliance oider fbr the violation of 49 C.F-R-. $ 195'452(bx2)'\nUnder 49 U.S.C. i OOt t Slu;, \"u.h p\".ron who engages in the transportaJi-on of hazardous liquids\nor who owns or operates a-pipeline facility is required to comply with the appticable safety\nstandards established una.. ihapter 601. The Director, Southwest Region, OPS, has reviewed\n\n\n\nz\nthe corrective action taken by Respondent and has indicated that the corrective action has\nachieved compliance with respect to this violation. Accordingly, since compliance has been\nachieved, it is not necessary to include the compliance terms in this order.\nThe lerms antl conditions of this Final Order are effeclive on receipt.\n-,\niiiAri I 8 ],ii;:\nDate Issued\ne Administrator\nfor Pipeline Safety","truncated":false,"body_characters":4185}