{"operation":"document","citation":"CPF 420065004","title":"BAYOU CITY PIPELINE INC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2006-02-07","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(b)(1), 195.452(b)(2), 195.452(d)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420065004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420065004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420065004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420065004","body":"Notice of Probable Violation involving BAYOU CITY PIPELINE INC. PHMSA's enforcement data identifies the cited regulations as 195.452(b)(1),  195.452(b)(2),  195.452(d)(1). The case was opened on 2006-02-07 and is reported as closed as of 2006-06-21. Proposed civil penalty: $20,000. Assessed civil penalty: $20,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420065004_Final Order_06212006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420065004/420065004_Final%20Order_06212006.pdf\n\nCPF_NO_4-2006-5004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420065004/CPF_NO_4-2006-5004.pdf\n\n420065004_Final Order_06212006.pdf\n\no\nrt rd\nU.S. Deportment\nof Tronsporlotion\nPlpeline ond\nHozordous moterlo|s Sofety\nAclminislrollon\n',100 Seventh Street, S.W.\nWashinglon, D.C. 20590\nJUN 2 I m06\nMr. Richard Smiley\nEngineer\nBois d'Arc Energy\n600 Travis\nSfite 6275\nHouston, Texas77002\nRe: CPFNo.4-2006-5004\nDearMr. Smiley:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in.\nthe above-referenced case. It makes findings ofviolation and assesses a civil penalty of\n$20,000. I acknowledge receip of and accept your wire transfer for $20,000 as payment in\nfull of the civil penalty assessed in the Final Order. The Final Order also acknowledges your\ncompletion of the proposed compliance order items to comply with the pipeline safety\nregulations. This case is now closed. Your receipt of the Final Order constitutes service of\nthat document under 49 C.F.R. $ 190.5.\nSincerely,\nS\"\"\" n\"--\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: R. M. Seeley\nDirector, Southwest Region, PHP-400\nCERTIF'IED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFF'ICE OF PIPELINE SAF'ETY\nwASrrrNcToN, D.c. 20590\nIn the Matter of\nBois d'Arc Energy,\nRespondent\nCPF No.4-2006-5004\n)\nI'INAL ORDER\non November 3,2005, pursuant to 49 u.s.c. $ 60117, representatives of the pipeline and\nHazardous Materials Safety Administration (PHMSA), OfIice of Pipeline Safety conducted an\non-site pipeline safety inspection of Respondent's facilities and records in Houston, Texas.\nAsa result of the inspection, the Director, Southwest Region, PHMSA, issued to Respondent,\nby letter dated February 7, 2006, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed compliance order (Notice). In accordance with 49 c.F.R. S 190-207,the Notice\nproposed finding that Respondent had committed violations of 49 c.F.R. part 195 and\nproposed assessing a civil penalty of $20,000 for the alleged violations. The Notice also\nproposed ordering Respondent to take certain measures to correct the alleged violations.\nRespondent responded to the Notice on February 28,2006by hansferring.filnds in the amount\nof $20,000 as payment of the proposed civil penalty.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the alleged violations in the Notice. Accordingly,\nI find that Respondent violated the following sections of 49 C.F.R. Part 195, as more fully\ndescribed in the Notice:\n49 c.F.R. $ 195.452(b)(l) Q'{otice Item 1) - failing to establish a written integrity\nmanagement program for the Bayou city Pipeline for the period of February 18, 2003\nthrough October 7, 2005;\n49 C.F'R' S 195.452 (Notice ltem 2) -- failing to identify all pipeline segments for the\nBayou City Pipeline that could affect HCAs by November 18,2002; and\n\n\n\n49 c.F.R. $$ 195.452(d)(l) (lrtrotice Item 3) - failing to complete 50 percent of the\nbaseline assessment of line pipe by August 16,2005.\nThese findings ofviolation will be considered prior offenses in any subsequenr\nenforcement action taken against Respondent. Having reviewed the record and\nconsidered the applicable penalty assessment criteria, I assess Respondent a civil penalty\nof$20,000, already paid by Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Item 3 of the Notice. Under 49\nU.S.C. $ 60118(a), each person who engages in the transportation ofhazardous liquids or\nwho owns or operates a pipeline facility is required to comply with the applicable safety\nstandards established under chapter 601. The Director, central Region, PHMSA has\nindicated that Respondent has taken the following actions specified in the Proposed\nCompliance Order:\nIn regard to Notice Item 3, Respondent completed at least 50 percent of the\nbaseline assessment of the line pipe and sent documentation veriffing the\nassessment to the Director, Southwest Region.\nAccordingly, since compliance has been achieved with respect to this violation, the\ncompliance terms are not included in this Order. The terms and conditions of this Final\nOrder are effective on receipt.\no\nJUN 2 1 m06\nDate Issued\n5-\"\nAdministrator\nPipeline Safety","truncated":false,"body_characters":4871}