{"operation":"document","citation":"CPF 420055007","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":"2005-01-07","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420055007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420055007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420055007","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420055007","body":"Notice of Probable Violation involving RIO VISTA ENERGY PARTNERS, LP. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2005-01-07 and is reported as closed as of 2008-02-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420055007_Final Order_10142005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420055007/420055007_Final%20Order_10142005.pdf\n\nCPF420055007 Penn Octane Corporation.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420055007/CPF420055007%20Penn%20Octane%20Corporation.pdf\n\n420055007_Final Order_10142005.pdf\n\n@\nU.S. Deponntent\nof Trqnsportction\nPipeline ond\nHqzordoLrs Jvldt€rEG!s Sdfefy\nqdminEsrystion\n4C0 Seventh Sy:et, S.vV\nWashrngicn, D.C 205-e0\nO.C:i i ,i :.,;i;*\nMr. Charles Handly\nExecutive Vice President\nPenn Octane Corporation\n820 Gessner Road, Suite 1285\nHouston, TX 77024-4471\nRe: CPF No. 4-2005-5007\nDear Mr. Handly:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes findings of violation and specifies actions to be taken to\ncomply with the pipeline safety regulations. When the terms of the compliance order are\ncompleted, as determined by the Director, Southwest Region, this enforcement action will be\nclosed. Your receiot of this Final Order constitutes service of that document under\n49 C.F.R. $ 190.5.\nSincerely,\nf\\ /d\ni,',*. fV>-\nJames Reynolds\nPipelinc Compliance RegistrY\nOffice of Pipeline Safety\nEnclosure\ncc: R.M. Seeley\nDirector, Southwest Region, OPS\nCERTIFIE,D MAIL RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND FIAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF' PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nPenn Octane Corporation,\nRespondent\nCPF No. 4-2005-5007\nFINAL ORDER\nOn March 29-31,2004, pursuant to 49 U.S.C. $ 601i7, a representative of the Office of Pipeline\nSafety (OPS) conductcd an on-site pipeline saiety rnspection of Respondent's facilities and\nrecords in Brownville, Texas\" As a resrrlt of the inspection, the Director, Southwest Region,\nOPS, issued to Respondent, by letter dated .lanuary 7, 2005, a Notice of Probable Violation and\nProposed Compliance Order (Notice)\" In accordance with 49 C.F.R. $ 190.207, the Notice\nproposed finding that Respondent had committed violations of 49 C.F.R. I 195.402(a) and\nproposed that Respondent take ceftain measures to corect the alleged violations.\nRespondent respondcd to the Notice by ietter dated January 2.5,2005 (Response). Respondent\ndid not contest the allegations of violation and provided information concerning the corrective\naction it is taking. Respondent did not request a hearing, and therefore has waived its right to\none.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the violations alleged in the Notice. Accordingly, I\nfind that Rcspondent violated the following section of 49 C.F.R. Part 195, as more fully\ndescribed in the Noticc:\n49 C.F.R. Q 195.a02(a) fzriling to have rvritten procedures for: (A) maintaining pressure\nduring pressure tests in accordance with $ i95.304; (B) pressure testing components in\naccordance rvith $ 195.305; (C) using:r test medium in accordance with $ 195.306; (D)\ntesting tie-ins pursuant to $ 195.308; and (E) making and retaining a record of each\npressLlrc test in accordance with $ 195.310.\nThese findings of violation will be considered prior offenses in any subsequent enforcetncnt\naction taken aeainst Respondent.\n\n\n\nL\nCOfuIPLIANICE ORDER\nThe Notice proposed a compliance ordcr for the violations of 49 C.F.R. $ 195.a02(a). Under\n49 U.S.C. $ 601 18(a), cach person rvho engages in the transpodation of hazardous liquids or who\nowns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under Chaptcr 60i. Pursuant to the authority of 49 U.S.C. $ 60118(b) and\n49C.F.R. $ 190.217, Respondent is ordcrcd to take the following actions to ensure compliance\nwith the pipeline safety regulations applicable to its operations. Respondent must-\n1. Establish written procedures for maintaining test pressure in accordance with $ 195.304.\n2. Establish written procedures for testing components in accordance with $ 195.305.\n3. Establish written procedures for using a test medium in accordance with I 195.306.\n4. Establish written procedures for testing tie-ins pursuant to $ 195.308,\n5. Establish written procedures for making and maintaining a record of each pressure test in\naccordance with $ 195.310.\n6, Implement the established procedures into the Operating and Maintenance Manual.\n7. Complete each of the above items within 30 days of receipt of this Final Order and\nsubmit documcntation of completion to the Director, Southwest Region, Office of\nPipeline Safety, Department of Transpoftation, 8701 South Gessner Drive, Suite 1110,\nHouston, Texas 77074-2948.\nThe Director, Southwest Region, OPS may grant an extension of time to comply with any of the\nrequired items upon a written request trmely submitted by the Respondent demonstrating good\ncause for an extension.\nFailure to comply r,vith this Final Order may result in the assessment of civil penalties of up to\n$100,000 per violation per day, or in the referral of the case for judicial enforcement.\nUnder 49 C.F.R. \" 190.215, Respondent has a right to submit a Petition for Reconsidcration of\nthis Final Order. The petition must be rcceived within 20 days of Respondent's receipt of this\nFinal Order and must contain a brief statement of thc issue(s). The terms of the order, including\nanv required corrective action. remain in full effect unless the Associate Administrator, upon\n,rqir.i4 grants a stay. The tenns ancl conclitions of this Final Order are effective on receipt.\nilCT 1 4, 1'-:1i5\nDate Issued\nStacey $erard \"Associafp Admtnistrator\nfor Pipeline Safety","truncated":false,"body_characters":5889}