{"operation":"document","citation":"CPF 420055035","title":"ENTERPRISE CRUDE PIPELINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-09-09","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.505(a), 195.505(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420055035.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420055035.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420055035","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420055035","body":"Notice of Probable Violation involving ENTERPRISE CRUDE PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.505(a),  195.505(b). The case was opened on 2005-09-09 and is reported as closed as of 2007-10-03. Proposed civil penalty: $43,000. Assessed civil penalty: $43,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420055035_Final Order_05022006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420055035/420055035_Final%20Order_05022006.pdf\n\n420055035_Final Order_05022006.pdf\n\nU.S. Deportment\nof Tronsponotion\nPlpeline ond\nHozordous Molefols Sofefy\nAdmlnlrlrotion\n40O Sev€nlh Street. S.W.\nWashington, D.C. 20590\n[/|Ay - 2 trtiji\nLeonard W. Mallett\nSenior Vice President. Operations\nTEPPCO Partners, L.P.\n2929 Allen Pkwy\nHouston, T){77019-2118\nRe: CPF No. 4-2005-5035\nDear Mr. Mallett:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes findings of violation and assesses a civil penalty. I\nacknowledge receipt of and accept your wire transfer of $43,000 as payment in full of the civil\npenalty assessed in the Final Order. The Final Order specifies actions to be taken to comply\nwith the pipeline safety regulations. When the terms of the compliance order are completed,\nas determined by the Director, Southwest Region, OPS, this enforcement action will be\nclosed. Your receipt of this Final Order constitutes service under 49 C.F.R. $ 190.5.\nSincerely,\nJames Reyrolds\nPipeline Compliance Registry\nOffice of Pioeline Safetv\nEnclosure\nCERTIFIED MAIL _ RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF' PIPELINE SAF'ETY\nWASHINGTON. DC 20590\nIn the Matter of\nTEPPCO Partners, L.P.,\nRespondent\nCPF No.4-2005-5035\nFINAL ORDER\nOn October 11,2003, pursuant to 49 U.S.C. $ 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration, Office of Pipeline Safety (OPS) conducted an on-\nsite pipeline safety inspection of Respondent's Operator Qualif,rcation (OQ) Plan, records and\nprocedures in Houston, Texas. As a result of the inspection, the Director, Southwest Region,\nOPS, issued to Respondent, by letter dated September 9, 2005, a Notice of Probable Violation,\nProposed Civil Penalty, and Proposed Compliance Order (Notice). In accordance with 49 C.F.R.\n$ 190.207, the Notice proposed finding that Respondent had committed violations of 49 C.F.R.\nPart 195 and proposed assessing a civil penalty of$43,000 for one ofthe violations. The Notice\nalso proposed ordering Respondent to take certain measures to correct the alleged violations.\nRespondent responded to the Notice by letter dated October 12,2005. Respondent provided\ninformation in explanation of the allegations and agreed to comply with the Proposed\nCompliance Order. Respondent submitted a wire ffansfer in the amount of the proposed civil\npenalty ($43,000)' waiving firrther right to respond and authorizing the entry of this Final Order\nwith prejudice to the Respondent. Pursuant to 49 C.F.R. $ 190.213 autd 49 U.S.C. g 60122, I find\nRespondent violated the following sections of 49 C.F.R. Part 195, as more fully described in the\nNotice:\n49 C.F.R. $ 195.505(a) - failing to properly identiff covered tasks. Several dehnitions in\nRespondent's OQ program conflict with regulatory definitions and clarifications\npublished by OPS. As a result, Respondent's OQ program may allow certain covered\ntasks to be performed by unqualified individuals.\n49 C.F.R. $$ 195.505(b) and 195.503 - failing to ensure through evaluation that each\nindividual performing a covered task is qualified. Evaluations that were based on work\npertormance history reviews did not document that Respondent had considered whether\ncovered tasks, performed prior to October 26, 1999, were performed on a regular basis\nand performed satisfactorily. The evaluations also did not document whether the\nindividuals had been trained and tested in Abnormal Operating Conditions.\n\n\n\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent. Having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penalty of$43,000, already paid by Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to the rriolations. Under 49 U.S.C.\n$ 601 I 8(a), each person who engages in the transportation of hazardous liquids or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunderchapter60l. Pursuanttotheauthorityof 49U.S.c. $60lls(b) and49 c.F.R. $ 190.217,\nRespondent is ordered to take the following actions to ensure compliance with the pipeline safety\nregulations applicable to its operations. Respondent must-\n1. Review OQ Plan definitions and make necessary corrections in accordance with Federal\npipeline safety regulations and published clarifications. Identify \"new\" covered tasks that\nresult from revising the definitions. Incorporate into the OQ Covered Task List each\n\"new\" covered task and develop an evaluation methodology to be used and\ncorresponding criteria (procedures). Complete this Item and submit documentation of\ncompliance within 90 days of receipt of this Order.\n2. Ensure through evaluation that each individual, including contractor personnel,\nperforming a \"new\" covered task (identified pursuant to ltem 1) is qualified to perform\nthat task. Use evaluation methods developed pursuant to Item I in accordance with 49\nC.F.R. $ 195.503. Complete this Item and submit documentation of compliance within\n120 days ofreceipt ofthis Order.\n3. Reevaluate all individuals performing covered tasks who were transitionally qualified\nusing work performance history reviews as the sole evaluation method. Reevaluations\nmust be in accordance with Respondent's OQ Plan procedures for reevaluations and must\ndetermine whether individuals are competent to perform the covered tasks and recognize\nand react to abnormal operating conditions. Complete this Item and submit\ndocumentation of compliance within 90 days of receipt of this Order.\n4. Information required to be submitted pursuant to this Order, including documentation that\neach Item has been completed, shall be submitted to the Director, Southwest Region,\nOffice of Pipeline Safety, 8701 S. Gessner Dr., Suite I 1 10, Houston, TX 77014-2949 .\nThe Director, Southwest Region, OPS may grant an extension of time to comply with any of the\nrequired Items upon a written request timely submitted by the Respondent demonstrating good\ncause for an extension.\n\n\n\nJ\nhn O\nFailure to comply with 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 ofthe case for iudicial enforcement.\nand conditions ofthis Final Order are effective on receiot.\nl,,r \\4( \\\nu L \\-9oAs-,t-\n||,AY - 2 i0r6\nDate Issued\nAdministrator\nline Safety","truncated":false,"body_characters":7027}