{"operation":"document","citation":"CPF 420067003","title":"NOBLE MIDSTREAM SERVICES, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2006-08-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.505(b), 195.509(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420067003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420067003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420067003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420067003","body":"Notice of Probable Violation involving NOBLE MIDSTREAM SERVICES, LLC. PHMSA's enforcement data identifies the cited regulations as 195.505(b),  195.509(a). The case was opened on 2006-08-08 and is reported as closed as of 2008-04-18. Proposed civil penalty: $48,000. Assessed civil penalty: $48,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420067003_Final Order_04182008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420067003/420067003_Final%20Order_04182008.pdf\n\n420067003_final order_04182008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420067003/420067003_final%20order_04182008_text.pdf\n\n420067003_final order_04182008_text.pdf\n\no\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave 5 E\nWashington DC 20590\nAPR 1 8 2008\nVIA CERTIFIED MAIL — RETURN RECEIPT RE UESTED\nMr. David L. Stover\nSenior Vice President\nNoble Energy, Inc.\n100 Glenborough, Suite 100\nHouston, TX 77067-3618\nRe: CPF No. 4-2006-7003\nDear Mr Stover:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of violation\nand assesses a civil penalty. I acknowledge receipt of and accept your wire transfer for $48, 000\nas payment in full of the civil penalty assessed in the Final Order. The Final Order also\nacknowledges your completion of the proposed compliance order items to comply with the\npipeline safety regulations. Therefore, this case is now closed. Your receipt of the Final Order\nconstitutes service of that document under 49 C F. R. $ 190. 5\nThank you for your cooperation in this matter\nSmcerely,\nJeffrey D Wiese\nAssociate Administrator\nfor Pipelme Safety\nEnclosure\n\n\n\nU. S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D. C. 20590\nIn the Matter of\nNoble Energy, Inc.\nRespondent\nCPF No. 4-2006-7003\n,\nFINAL ORDER\nOn April 20-21, 2005, pursuant to 49 U. S. C. ( 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration's Office of Pipeline Safety (OPS) and the Railroad\nCommission of Texas conducted an on-site pipeline safety inspection of Respondent's operator\nqualification program in Houston, Texas. Respondent operates an offshore crude oil pipeline in\nthe Gulf of Mexico and Louisiana. As a result of the inspection, the Director, Southwest Region,\nOPS, issued to Respondent, by letter dated August 8, 2006, 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 committed violations of 49 C, F, R. Part\n195 and proposed assessing a civil penalty of $48, 000 for the alleged violations, The Notice also\nproposed ordering Respondent to take certain measures to correct the alleged violations.\nOn September 11, 2006, Respondent submitted a wire transfer in the amount of the proposed\ncivil penalty ($48, 000), thereby waiving any further right to respond and authorizing the entry of\nthis Final Order. By correspondence dated February 15 and June 4, 2007, Respondent submitted\ndocumentation concerning the corrective actions it had taken,\nFINDINGS OF VIOLATION\nPursuant to 49 U. S. C. ) 60122 and 49 C. F. R. $$ 190. 209(a)(1) and 190, 213, I find that\nRespondent violated 49 C. F. R. Part 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C. F. R. ( 505(b), which states:\ng 195. 505 — Qualification program.\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to. . .\n(b) Ensure through evaluation that individuals performing covered tasks\nare qualified. . . .\n\n\n\nI find that Respondent violated $ 195. 505(b) in three respects: First, Respondent's qualification\nprogram failed to set forth the evaluation methods and criteria for determining if an individual\nwere qualified. Second, the program failed to identify each abnormal operating condition\nassociated with the covered tasks performed on Respondent's pipeline system. Finally,\nRespondent permitted individuals who were not properly qualified to perform covered tasks on\nits system. Accordingly, I find that Respondent violated ) 195. 505(b) by failing to have and\nfollow a written qualification program that included provisions to ensure through evaluation that\nindividuals performing covered tasks were qualified.\nItem 2: The Notice alleged that Respondent violated 49 C. F. R. ) 195. 509(a), which states.\ng 195. 509 — General.\n(a) Operators must have a written qualification program by April 27, 2001\nRespondent could not demonstrate that it had a written qualification program by April 27, 2001.\nEvidence gathered during the inspection indicated that around the time of the deadline,\nRespondent had a document that resembled a proposal rather than a final qualification program.\nThe document was not dated, consisted of only eight pages, and was titled \"Written Plan\nIntroduction, \" all which implied that more detail would be provided at a later date In addition,\nthe document was written in the future tense. For example, the document stated that \"Noble\nEnergy will use several methods to evaluate our employees who perform a covered task\" but the\ndocument did not set forth the actual methods to be used. Accordingly, I find Respondent\nviolated $ 195. 509(a) by failing to have a written qualification program by April 27, 2001.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction against Respondent. Havmg reviewed the record and considered the assessment criteria, I\nassess Respondent a civil penalty of $48, 000, which has already been paid by Respondent.\nThe Notice proposed a compliance order with respect to Items 1 and 2 in the Notice for\nviolations of $$ 195. 505(b) and 195. 509(a), respectively. Under 49 U. S. C. ) 60118(a), each\nperson who engages in the transportation of hazardous liquid by pipeline or who owns or\noperates a hazardous liquid pipeline facility is required to comply with the applicable safety\nstandards established under chapter 601. The Director, Southwest Region, OPS, has reviewed\nthe corrective actions taken by Respondent, and based upon such review, has indicated that\nRespondent has achieved compliance with respect to these violations, Accordingly, since\ncompliance has been achieved, it is not necessary to order corrective actions. The terms and\nconditions of this Final Order shall be effective upon receipt.\nAPR18 MB\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nDate Issued","truncated":false,"body_characters":6624}