LINDE — Notice of Probable Violation

420051006_Final Order_06202005.pdf, page 1Official PDF.. of Transpontation U.S. Department 400 Seventh Street, S.W Washington. D.C. 20580 Hazardous Matartals Safety Pipeline and Administration JUN 2 0 2005 Mr. Dennis Reilley Chief Executive Officer Praxair, Inc. 39 Old Ridgebury Road Danbury, CT 06810-5133 Re: CPF No. 4-2005-1006 Dear Mr. Reilley: he above-referenced case. It makes findings of violation and assesses a civil penalty. Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safely i acknowledge receipt of and accept your check numbered 00134866 for $8,000 as payment in full of the civil penalty assessed in the Final Order. This case is now closed. Your reccipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5. Sincerely, tamp James Reynolds Pipeline Compliance Registry Office of Pipeline Safety Enclosure CC: James R. Ryan Pipeline Regulatory Compliance Manager Praxair Inc. 175 East Park Drive, P.O. Box 44 Tonawanda, NY 14151-0044 Rod Seeley, Region Director Southwest Region, OPS CERTIFIED MAIL - RETURN RECEIPT REQUESTED#

420051006_Final Order_06202005.pdf, page 2DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 In the Matter of Praxair, Inc., CPF No. 4-2005-1006 Respondent FINAL ORDER On February 14, 2005, in accordance with 49 C.F.R. § 190.207, the Director, Southwest Region, Ottice of Pipeline Safety (OPS), issued to Respondent a Notice of Probable Violation and violations of 49 C.F.R. Part 192 and proposed assessing a civil penalty of $8,000 for the allege Proposed Civil Penalty (Notice). The Notice proposed finding that Respondent had committer violations. Respondent responded to the Notice by letter dated March 8, 2005. Respondent did not contest the allegations and provided information concerning its payment of the proposed civil penalty. Respondent submitted a check in the amount of the proposed civil penalty ($8,000). waiving further right to respond and authorizing the entry of this Final Order. Pursuant to 49 C.F.R. § 190.213 and 49 U.S.C. § 60122, I find that Respondent violated the following sections of 49 C.F.R. Part 192, as more fully described in the Notice: 49 C.F.R. § 192.731 - failing to document that valve PV 994 at the Laporte Booster Compressor had been inspected and tested in accordance with §§ 192.739 and 192.743 during the 2002 calendar year. 2002 calendar year. 49 C.F.R. § 192.743 - failing to document that capacity had been determined for pressure safety valves PSV 920H, 914H, 940H, and 988H located at Bayport Booster during the 2002 calendar year. These findings of violation will be considered prior offenses in any subsequent enforcement criteria. I assess Respondent a civil penalty of $8,000, already paid by Respondent action taken against Respondent. Having reviewed the record and considered the assessmen#

420051006_Final Order_06202005.pdf, page 3The terms and conditions of this Final Order are effoctive on receipt. JUN 2 0 m05 *-- ""tate tssued ,!" n for Pipeline Safcty#