{"operation":"document","citation":"CPF 420075011","title":"PLAINS PIPELINE, L.P. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-04-18","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.404(b), 195.412(a), 195.420(c), 195.54(a), 195.581(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420075011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420075011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420075011","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420075011","body":"Notice of Probable Violation involving PLAINS PIPELINE, L.P.. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.404(b),  195.412(a),  195.420(c),  195.54(a),  195.581(a). The case was opened on 2007-04-18 and is reported as closed as of 2009-06-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420075011_Final Order_11072008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420075011/420075011_Final%20Order_11072008.pdf\n\n420075011_final order_11072008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420075011/420075011_final%20order_11072008_text.pdf\n\n420075011_Notice letter_04182007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420075011/420075011_Notice%20letter_04182007.pdf\n\n420075011_notice letter_04182007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420075011/420075011_notice%20letter_04182007_text.pdf\n\n420075011_Operator Response_05232007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420075011/420075011_Operator%20Response_05232007.pdf\n\n420075011_notice letter_04182007_text.pdf\n\nU. S. Department\nof Transportotion\nPipeline and\nHazardous Materlats\nSafety Administratioll\nerat S Gassner, Suins 111D\nHansrnn, TX 77074\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED COMPI IANCE ORDER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 18, 2007\nMr. Harry N. Pefannis\nPresident\nPlains Pipeline, L. P.\nP. O. Box 4468\nHouston, TX 77210\nCPF 4-2007-5011\nDear Mr. Pefannis:\nOn May 23 — 27, June 14 - 16 and 20 — 24, September 12 - 16, and October 24 — 28, 2005, a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA)\npursuant to Chapter 601 of 49 United States Code inspected your Johnson Bayou to Sabine\nPass System; Basin Pipeline System from Cushing, OK to Jal, NM; Red River System from\nGushing, OK to Longview, TX; and your Ferriday System from Greensburg, LA to Delhi Station,\nLA.\nAs a result of these inspections, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\nII195. 54 Accident reports.\n(a) Each operator that experiences an accident that is required to be reported\nunder ('f195. 50 shall as soon as practicable but not later than 30 days after\ndiscovery of the accident, prepare and file an accident report on DOT Form 7000-\n1, or a facsimile.\n\n\n\nAt Sabine Pass, a 4 barrel spill on March 6, 2003, was not reported to DOT.\nPlains Pipeline, L. P (Plains) personnel thought the leaking seal on the pump at\nthe tank header was iurisdictional to the Coast Guard. Coast Guard regulations\ndid not require the reporting of the spill due to the spill's small volume that was\ntotally contained on site.\nPlains personnel self reported the incident and submitted a copy of Plains'\ninterne 'Spill Report' of the incident to the PHMSA representative.\nB. On the Ferriday System, a 3 barrel spill that occurred on September 18, 2005, at\nCanebrake Station was not reported to DOT within 30 days.\nOn October 26, 2005, the PHMSA representative noticed evidence of a recent\nspill near tank 936 while performing a field inspection of the Canebrake Station.\nPlains personnel were able to show it had been reported to the Louisiana\nDepartment of Natural Resources, but not to DOT.\n$195. 402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance aictivities are conducted.\nA. (c) Maintenance and normal operations. The manual required by\nparagraplh (a) of this section must include procedures for the following to\nprovide safety during maintenance and normal operations:\n(13) Periodically reviewing the work done by operator to determine the\neffectiveness of the procedures used in normal operation and maintenance\nand taking corrective action where deficiencies are found.\nOn the Basin Pipeline System, Plains is failing to perform its annual review of\npersonnel work to determine the effectiveness of its normal O&M procedures\nA reading of Plains' O&M Manual, Section 402, page 3 shows that Form 702 in\nAppendix C is used to meet the requirements of $195. 402(c)(13) and\ni3195. 403(b). Part of Section 402, page 3 is paraphrased below to show how\nfailure to fill out Form 702 for each job classification each year results in a\nprobable violation of $195. 402(c)(13).\nAs per Plains' O&M Manual, Section 402, page 3; Form 702 in Appendix C.\n'ANNUAL PERSONNEL TRAIIUING REVIEW', is to be filled out each year for\n\n\n\neach employee, and be evaluated to address the functional competencies of\noperation, maintenance, safety,\nand emergency procedures as they relate to each person's job classification.\nForm 702 had not been filled out for each employee for each of the last three\nyears. It was observed that very few Form 702s had been filled out.\n$195. 430 Firefighting equipment.\nEach operator shall maintain adequate firefighting equipment at eaohi pump\nstation and breakout tank area. The equipment must be-\n(aj In proper operating condition at all times;\nOn the Basin Pipeline System, three fire extinguishers at Lindsey Station had not\nbeen maintained as required by Plains' O&M Manual, Section 419.\nDuring the Field Inspection at Lindsey station, it was discovered that there was\nno record of monthly inspections for 24 months, from May, 2003 to April, 20ti5,\nfor three fire extinguishers. Monthly inspections of fire extinguishers are required\nin Plains' O&M Manual, Section 419.\n5195. 404 Maps add Records.\n(bj Eat-hi operator shall maintain for at least 3 yesirs daily o peratting iresords\nthat iindiicate-\nA. (1j Tihe discharge piressuse at each pump station;\nOn the 18asin Pipeline System, Plains was not able to show the pressure history\nfor the 'Basin Midland Discharge Pressure' for May 18, 2004.\nThe Midland Station discharge pressure history of May 18, 2004, as recreated\nfrom SCADA records does not accurately represent the probable actual\npressures on that date.\n(2j Any emergency or abnormal operation to wthlich the proceduires under\nC(1 95. 402 apply.\nOn the Basin Pipeline System, the pressure history of the abnormal event of May\n1, 2004 could not be shown as data from April 27 to May 4, 2004 was not\nretrievable.\n\n\n\ntt195. 412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weetts, but at least 26\ntimes each calendar year, inspect the surface conditions on or adjaceitt to\neach pipeline right-of-way. Methods of inspection include walking, driving,\nflying or other appropriate mean of traversing the right-of-way.\nQn the Basin Pipeline System, the Midland to Colorado City records show\ninspection gaps between February 17 and April 1, 2004 (44 days); May 14 artd\nSeptember 29, 2004 (138 days); and September 29 and October 31, 2004 (52\ndays).\nEach of the three time spans are in excess of the 21 day maximum Mitig. -ition\nfor one of the inspection gaps is that one of the pilots died in a plane crash, and\nseveral weeks of records were destroyed in the crash. Records indicate the\nentire pipeline is usually flown weekly.\n%1 95. 426 Valve maiintenianice.\n(c) Each operator shall provide protection for each v;alve from\nunauthorized operation and from vandalism.\nA number of the Plains Pipeline LP pipeline valves do not have protection from\nvandalism at the sites The valves were chained and locked to prevent\nunauthorized use, but these locations did not provide any deterrence against\nvandalism. Local personnel did provide additional information regarding this\nissue.\nDuring the inspections it was noted that Plains' preferred method of complying\nwith 195. 420(c) is to install locked chain link fencing around the va ves. Tnis was\nevident in the four Plains units that were inspected, where the ma)ority of above\nground valves were located in locked fences.\nSome of the remaining valves in those units were located above ground with no\nfences. The number of above ground valves that were observed without fences\nby the inspector on the four units exceeded five, and the lack of fencing was\npointed out to Plains personnel at the time of the inspections.\nIt should be pointed out that all of the unfenced valves were chain locked and\nmost had steel barricade posts installed. A review of your procedures by car\ninspectors did not reveal any alternative method of security for valve cites\nacceptable to you. Plains should review their program, procedures, and facilities\nto ensure they are compliant with this regulation.\n\n\n\n6. ()195. 581 Which pipelines must I protect against atmospheric corrosion . .\n(a) You must clean and coat each pipeline or portion of pipeline that is\nexposed to the atmosphere, except pipe!ines under paragraph (c) of this\nsection.\n(b) Coating material must be suitable for the prevention of atmospheric\ncoi I'os ton.\nOn the Red River System, four spans, at RL 77. 84, MP 22. 39, RL 66. 4, and RL\n46. 9, were not properly coated for prevention of atmospheric corrosion\nDuring the Field Inspection, the span at RL 77. 84 had subsurface coating in poor\ncondition, the span at MP 22. 39, Hwy 74, was bare exposed pipe across a ditch;\nthe span at RL 66. 41, N of Hall Rd, was about 50' of bare pipe across a 30' deep\ngulley; and\nthe span at RL 46. 9, creek span N side CR 5060, was about 50' of bare pipe\nacross a 12' deep creek. It is noted that a 'Mitigation Plan for Red River East\nPipeline Pipe Exposures' was submitted following the inspection.\nPro osed Com liance Order\nPursuant to 49 United States Code g 60118, the Pipeline and Hazardous Materials Safety\nAdministration proposes to issue a Compliance Order to Plains, with respect to items 2 and 6.\nPlease refer to the Proposed Compliance Order, which is enclosed and made a part of this\nfdotice.\nWith respect to items 1, 3, 4, and 5, we have reviewed the circumstances and supporting\ndocuments involved in this case and have decided not to conduct additional enforcement aotiion\nor penalty assessment proceedings at this time. We advise you to promptly correct these items.\nBe advised that failure to do so may result in Plains being subject to additional enforcement\naction.\nRes onse To This Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipehne Otferatdrs\nin Compliance Proceedings. Please refer to this document and note the response opttorite Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U. S. C. 552(b), along with the complete original document you\nmust provide a second a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you should believe the redacted\ninformation qualifies for confidential treatment under 5 U. S. C. 552(b) If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your rights to contest the\nallegations in this Notice and authonzes the Associate Administrator for Pipeline Safety to find\nfacts as alleged in this Notice without further notice to you and to issue a Final Order.\n\n\n\nIn your correspondence on this matter, please refer to CPF 4-2007-5011 and for each document\nyou submit, please prowde a copy in electronic format whenever possible.\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous\nMaterials Safety Administration\nEnclosure: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code g 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Plains Pipeline, L. P. a Compliance Order\nincorporating the following remedial requirements to ensure the compliance of Plains Pipeline,\nL. P with the pipeline safety regulations:\nIn regard to Item Number 2 of the Notice, pertaining to periodically reviewing\nwork done by the Operator to determine the effectiveness of the procedures; you\nwill submit copies of Form 702 for each employee associated with the Basin\nPipeline System The Forms will be completed in accordance with your O&M\nManual. You will also submit a letter describing how the Forms were used to\ndetermine the effectiveness of the procedures used in normal operation and\nmaintenance and taking corrective action where deficiencies are found. The\nForms and the letter will be submitted to this office within 30 days following\nreceipt of the Final Order.\nIn regard to Item Number 6 of the Notice pertaining to proper coating of exposed\nspans for prevention of atmospheric corrosion, you will perform an audit to\nensure that Plains is in compliance with $195. 581. This audit shall consist of:\nA. Review all applicable procedures and amend as necessary.\nB. Survey all applicable segments of Plains pipe lines, paying particular\nattention to pipe spans to ensure that they are protected from\natmospheric corrosion, and meet applicable procedures.\nC. Based upon the review and survey, develop a plan for repairing/recoating\nof facilities to bring Plains into compliance.\nResults of surveys and plans, with time tables, must be submitted to Mr. R. M.\nSeeley, Director, Southwest Region, within 30 days following the receipt of the\nFinal Order. All Items shall be completed within 90 days following receipt of the\nfinal Order.\nPlains Pipeline, L. P. shall maintain documentation of the safety improvement\ncosts associated with fulfilling this Compliance Order and submit the total to Mr.\nR. M. Seeley, Director, Southwest Region, Pipeline and Hazardous Materials\nSafety Administration. Costs shall be reported in two categories: 1) total cost\nassociated with preparation/revision of plans, procedures, studies and analysis,\nand 2) total cost associated with replacements, additions and other changes to\npipeline infrastructure\n\n420075011_final order_11072008_text.pdf\n\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave S E\nWashington DC 20590\nNo'It' 7 gp08\nMr. Harry N. Pefannis\nPresident\nPlains Pipeline, L. P.\n333 Clay St.\nSuite 1600\n,\nHouston, TX 77002\nRe: CPF No. 4-2007-5011\nDear Mr. Pefannis:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of violation,\nspecifies certain actions to be taken to comply with the pipeline safety regulations, and\nacknowledges that Plains Pipeline has completed other actions specified in the Notice. When the\nterms of the compliance order have been completed, as determined by the Director, Southwest\nRegion, this enforcement action will be closed Your receipt of the Final Order constitutes\nservice of that document under 49 C. F. R ( 190. 5,\nThank you for your cooperation in this matter\nSincerely,\nJeffrey D. Wiese\nAssociate Admmistrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. R. M. Seeley, Director, Southwest Region, PHMSA\nCERTIFIED MAIL — RETURN RECEIPT RE UESTED\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\nPlains Pipeline, L. P.\n,\nRespondent.\nCPF No. 4-2007-5011\nFINAL ORDER\nOn May 23-27, June 14-16 and 20-24, September 12-16 and October 24-28, 2005, pursuant to 49\nU. S. C. $ 60117, a representative of the Pipeline and Hazardous Materials Safety Administration,\nOffice of Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the facilities\nand records of the following lines operated by Plains Pipeline, L. P. (Plains or Respondent):\nJohnson Bayou to Sabine Pass; Basin Pipeline System between Cushing, Oklahoma, and Jal,\nNew Mexico; Red River System between Cushing, Oklahoma, and Longview, Texas; and the\nFerriday System from Greensburg, Louisiana, to Delhi Station, Louisiana. Plains, a subsidiary of\nPlains All American Pipeline, L. P.\n,\nis engaged in the interstate pipeline transportation of crude\noil and refined petroleum products.\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated April 18, 2007, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C. F. R. $ 190. 207, the Notice proposed\nfinding that Respondent had committed violations of 49 C. F. R. )$ 195. 402(c)(13) and\n195. 581(a) and proposed ordering Respondent to take certain measures to correct the alleged\nviolations. The Notice also proposed finding that Respondent had committed other probable\nviolations of 49 C. F. R. )( 195. 54(a), 195. 430(a), 195. 404(b)(1) and (2), 195. 412(a), and\n195. 420(c) and warned Respondent to take appropriate corrective action to address them or be\nsubject to future possible enforcement action.\nRespondent responded to the Notice by letter dated May 23, 2007 (Response). Respondent\nprovided comments regarding the alleged violations and proposed compliance order, as well as\ninformation concerning the corrective actions it had already taken to comply with the cited safety\nregulations. Respondent did not request a hearing and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nThe Notice alleged that Respondent violated 49 C. F. R. Part 195 as follows:\n\n\n\nItem 2A: The Notice alleged that Respondent violated 49 C. F, R $ 195, 402(c)(13), which states:\ng 195. 402 Procedural manual for operations, maintenance, and emergencies.\n(a) General Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective. This\nmanual shall be prepared before initial operations of a pipeline system commence,\nand appropriate parts shall be kept at locations where operations and maintenance\nactivities are conducted. . . .\n(c) Maintenance and normal operations The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety during\nmaintenance and normal operations;. . .\n(13) Periodically reviewing the work done by operator personnel to determine\nthe effectiveness of the procedures used in normal operation and maintenance and\ntaking corrective action where deficiencies are found. . . .\nThe Notice alleged that Respondent violated 49 C. F. R. $ 195. 402(c)(13) by failing to follow its\nown procedures, which required an annual review of the work performed by Plains' personnel to\ndetermine the effectiveness of Respondent's normal operations and maintenance (OEM)\nprocedures. According to its OAM Manual, Respondent's personnel were supposed to fill out\nForm 702 (\" Annual Personnel Training Review\" ) each year for every employee in order to\naddress their finictional competencies of operation, maintenance, safety, and emergency\nprocedures under $ 195. 402(c)(13). The OPS inspector observed that Form 702 had not been\nfilled out for each employee for the last three years. The inspector further observed that very few\nForm 702s had ever been filled out. In its Response, Plains did not contest this Item but\nsubmitted information requested by OPS pursuant to the proposed compliance order.\nAccordingly, I find that Respondent violated 49 C. F. R. $ 195. 402(c)(13) by failing to follow its\nprocedures and perform periodic reviews of the work done by personnel to determine the\neffectiveness of the procedures used in normal OAM.\nItem 6: The Notice alleged that Respondent violated 49 C. F. R. $ 195. 581(a), which states:\ng 195. 5S1 Which pipeliues must I protect against atmospheric corrosion and\nwhat coating material may I use?\n(a) You must clean and coat each pipeline or portion of pipeline that is exposed to\nthe atmosphere, except pipelines under paragraph (c) of this section.\n(b) Coating material must be suitable for the prevention of atmospheric corrosion.\n(c) Except portions of pipelines in offshore splash zones or soil-to-air interfaces,\nyou need not protect against atmospheric corrosion any pipeline for which you\ndemonstrate by test, investigation, or experience appropriate to the environment of\nthe pipeline that corrosion will—\n(1) Only be a light surface oxide; or\n(2) Not affect the safe operation of the pipeline before the next scheduled\ninspection.\n\n\n\nThe Notice alleged that four spans of exposed pipe on Respondent's Red River System were not\nproperly coated for prevention of atmospheric corrosion. Specifically, the span at RL 77. 84 had\nsubsurface coating in poor condition; the span at MP 22. 39, Highway 74, had bare exposed pipe\nacross a ditch; the span at RL 66. 41, north of Hall Road, had approximately 50 feet of bare pipe\nacross a 30-foot-deep gully; and the span at RL 46. 9, on the creek span north of CR 5060, had\napproximately 50 feet of bare pipe across a 12-foot-deep creek. In its Response, Plains did not\ncontest this allegation and did not demonstrate by test, investigation, or experience appropriate to\nthe environment of the pipeline that corrosion will: only be a light surface oxide; or not affect the\nsafe operation of the pipeline before the next scheduled inspection. Accordingly, I find that\nRespondent violated 49 C. F. R. $ 195. 581(a) by failing to clean and coat each portion of pipeline\nexposed to the atmosphere with a coating material suitable for the prevention of atmospheric\ncorrosion.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 2A and 6 in the Notice for\nviolations of 49 C. F. R. $$ 195. 402(c)(13) and 195. 581(a), respectively. Under 49 U S. C.\n$ 60118(a), each person who engages in the transportation of gas or hazardous liquids or who\nowns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under chapter 601.\nWith regard to Item 2A, Respondent submitted information indicating that Plains had procedures\nin place to review periodically the work of its personnel to determine the effectiveness of its\nprocedures used in normal operation and maintenance and in taking corrective action whenever\ndeficiencies were found. These materials have been reviewed by the Director and found to\nsatisfy the requirements of 49 C. F. R. $ 195. 402(c)(13). Therefore, no additional corrective\naction is necessary for Item 2A.\nWith regard to Item 6, Respondent submitted information indicating that Plains had developed a\nmitigation plan subsequent to the inspection that included a survey of its facilities and a schedule\nof repairs over three years. However, Respondent's submittal lacked a detailed report on each of\nthe 45 pipe exposure sites, including precise location, description of the corrective measures\ntaken, or the dates that the work was performed or scheduled. Also, Respondent provided cost\nestimates for future repairs, rather than the actual cost of repairing the 45 pipe exposure sites.\nAccordingly, further action is required. Pursuant to the authority of 49 U. S, C. $ 60118(b) and 49\nC. F. R. $ 190. 217, Respondent is ordered to take the following actions to ensure compliance with\nthe pipeline safety regulations applicable to its operations. Respondent must—\n1. In regard to Item 6 of the Notice pertaining to the four spans of exposed pipe, the\nresults of Respondent's surveys and plans, with time tables, must be submitted to\nthe Director within 30 days following the receipt of the Final Order.\n\n\n\n2, In regard to Item 6 of the Notice pertaining to the four spans of exposed pipe,\nRespondent shall maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the\nDirector within 30 days following the receipt of the Final Order. Costs shall be\nreported in two categories: 1) total cost associated with preparation/revision of\nplans, procedures, studies, and analysis; and 2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent demonstrating good cause for an extension.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $100, 000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nWARNING ITEMS\nWith respect to Items 1, 2B, 3, 4, and 5, the Notice alleged various probable violations of Part\n195 but did not propose a civil penalty or compliance order for these items. Therefore, these are\nconsidered to be warning items. The warnings were for:\n49 C. F. R. $ 195, 54(a) (Item I) — Respondent's alleged failure to report two\naccidents to DOT within 30 days;\n49 C. F. R. $ 195. 430(a) (Item 2B) — Respondent's alleged failure for 24 months,\nfrom May, 2003 to April, 2005, to record monthly inspections for three fire\nextinguishers at Lindsey Station, as required by Respondent's OAM Manual,\nSection 419;\n49 C. F. R. $ 195. 404(b)(1) and (2) (Item 3) — Respondent's alleged failure to\nmaintain for at least three years daily operating records that indicate accurate\ndischarge pump pressure histories, for May 1, 2004 and May 18, 2004, on the\nBasin Pipeline System;\n49 C. F. R. $ 195. 412(a) (Item 4) - Respondent's alleged failure to inspect the\nsurface conditions on the Basin Pipeline System right-of-way at intervals not\nexceeding three weeks; and\n49 C. F. R. $ 195. 420(c) (Item 5) — Respondent's alleged failure to provide\nprotection against vandalism at several valve sites.\nRespondent presented information in its Response showing that it had taken certain actions to\naddress the cited items. Having considered such information, I find, pursuant to 49 C. F. R.\n) 190. 205, that probable violations of 49 C. F. R. $ 195. 54(a) (Notice Item 1), 49 C. F. R.\n$ 195. 430(a) (Notice Item 2B), 49 C. F. R $ 195. 404(b)(1) and (2) (Notice Item 3), 49 C. F. R.\n$ 195. 412(a) (Notice Item 4) and 49 C. F. R. $ 195. 420(c) (Notice Item 5) have occurred and\nRespondent is hereby advised to correct such conditions.\n\n\n\nIn the event that OPS finds a violation for any of these items in a subsequent inspection,\nRespondent may be subject to future enforcement action.\nUnder 49 C. F. R. $ 190, 215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be received within 20 days of Respondent's receipt of this\nFinal Order and must contain a brief statement of the issue(s). The terms of the order, including\nany required corrective action and amendment of procedures, shall remain in full force and effect\nunless the Associate Administrator, upon request, grants a stay. The terms and conditions of this\nFinal Order shall be effective upon receipt.\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nDate Issued","truncated":false,"body_characters":27754}