{"operation":"document","citation":"CPF 420145004","title":"MAGELLAN PIPELINE COMPANY, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-04-04","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.222(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420145004","body":"Notice of Probable Violation involving MAGELLAN PIPELINE COMPANY, LP. PHMSA's enforcement data identifies the cited regulation as 195.222(a). The case was opened on 2014-04-04 and is reported as closed as of 2016-04-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420145004_Closure Letter_04142016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145004/420145004_Closure%20Letter_04142016.pdf\n\n420145004_Closure Letter_04142016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145004/420145004_Closure%20Letter_04142016_text.pdf\n\n420145004_Final Order_03192015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145004/420145004_Final%20Order_03192015.pdf\n\n420145004_Final Order_03192015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145004/420145004_Final%20Order_03192015_text.pdf\n\n420145004_NOPV PCO_04042014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145004/420145004_NOPV%20PCO_04042014.pdf\n\n420145004_NOPV PCO_04042014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145004/420145004_NOPV%20PCO_04042014_text.pdf\n\n420145004_Final Order_03192015_text.pdf\n\nMarch 19, 2015\nMr. Michael Mears\nPresident and CEO\nMagellan Pipeline Company, LP\nOne Williams Center\nTulsa, OK 74172\nRe: CPF No. 4-2014-5004\nDear Mr. Mears:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken by Magellan Pipeline Company, LP, to\ncomply with the pipeline safety regulations. When the terms of the compliance order have been\ncompleted, as determined by the Director, Southwest Region, this enforcement action will be\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,\nor as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. R. M. Seeley, Southwest Region Director, OPS\nMr. Michael Pearson, Senior Vice President, Technical Services, Magellan Pipeline\nCompany, LP\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nMagellan Pipeline Company, LP, ) CPF No. 4-2014-5004\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn March 26, 2014, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site inspection of welder qualifications and records of Magellan Pipeline\nCompany, LP (Magellan or Respondent), related to the company’s BridgeTex Pipeline\nconstruction project. The welder qualifications were observed at Maverick Testing Laboratories,\nInc., in La Porte, Texas. Magellan operates approximately 9,500 miles of refined products\npipelines with 53 connected terminals in 15 Midwestern states.1\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated April 4, 2014, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Magellan had violated 49 C.F.R. § 195.222 and proposed ordering Respondent to\ntake certain measures to correct the alleged violations.\nRespondent failed to respond to the Notice. Under 49 C.F.R. § 190.209(c), such failure to\nrespond constitutes a waiver of Magellan’s right to contest the allegations in the Notice and\nauthorizes the Associate Administrator, without further notice, to find facts as alleged in the\nNotice and to issue this Final Order under § 190.213. In this case, the Notice was mailed to\nRespondent by certified mail (USPS Article No. 7007 0710 0002 1372 1435) on April 4, 2014,\nand was received by Respondent on April 16, 2014, as shown by the return receipt on file with\nPHMSA. To date, Respondent has not acknowledged or responded to the Notice. Under such\ncircumstances, I find it reasonable and appropriate to enter this Final Order without further\nproceedings.2\n1 See http://www magellanlp.com (last accessed December 10, 2014).\n2 In the Matter of Tampa Pipeline Corporation, Final Order (CPF No. 2-2008-6002] (April 26, 2010), 2010 WL\n6531627, (D.O.T.), August 27, 2010; See also, In the Matter of Tampa Bay Pipeline Corporation, Final Order (CPF\n\n\n\nCPF No: 4-2014-5004\n2\nFINDINGS OF VIOLATION\nMagellan did not contest the allegations in the Notice that it violated 49 C.F.R. Part 195, as\nfollows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.222(a), which states:\n§ 195.222 Welders: Qualification of welders.\n(a) Each welder must be qualified in accordance with section 6 of API\n1104 (incorporated by reference, see § 195.3) or section IX of the ASME\nBoiler and Pressure Vessel Code, (incorporated by reference, see § 195.3)\nexcept that a welder qualified under an earlier edition than listed in\n§ 195.3 may weld but may not re-qualify under that earlier edition.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.222(a) by failing to properly\nqualify each of its welders. Specifically, the Notice alleged that Magellan qualified welders\nusing a lower grade of pipe than was required by its qualification procedure. Section 6 of API\n1104 and section IX of the ASME Boiler and Pressure Vessel Code require welders to be\nqualified in accordance with a qualified welding procedure.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.222(a) by failing to properly\nqualify each of its welders.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.222(a), as quoted above,\nby failing to qualify one of its welders, K. Rogers, in accordance with section 6 of API 1104 or\nsection IX of the ASME Boiler and Pressure Vessel Code. Under those standards, a welder must\nbe qualified by making one or more test welds on pipe covered by a procedure that has also been\nqualified. In this case, the Notice alleged that Magellan’s welder was tested on API 5L X42\npipe, as witnessed by a PHMSA inspector, but the qualified procedure being used by Magellan\nfor the test, WPS MAG-60-F-G1 & 2, actually covered different grades of pipe (API material\ngrades ≥X46 - X60).\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.222(a) by failing to qualify one\nof its welders in accordance with section 6 of API 1104 or section IX of the ASME Boiler and\nPressure Vessel Code.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nNo. 2-2005-6012 (Dec. 1, 2006), 2008 WL 902910 (D.O.T.), March 31, 2008. PHMSA final orders are generally\naccessible on the agency’s website, available at http://primis.phmsa.dot.gov/comm/reports/enforce/Actions.\n\n\n\nCPF No: 4-2014-5004\n3\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1 and 2 in the Notice for\nviolations of 49 C.F.R. § 195.222(a). Under 49 U.S.C. § 60118(a), each person who engages in\nthe transportation of hazardous liquids by pipeline or who owns or operates a pipeline facility is\nrequired to comply with the applicable safety standards established under chapter 601. Pursuant\nto the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take\nthe following actions to ensure compliance with the pipeline safety regulations applicable to its\noperations:\n1. 2. 3. 4. 5. With respect to the violation of § 195.222(a) (Items 1 and 2), Respondent must\nre-qualify all welders who were not qualified using the materials and parameters\nprescribed by the qualification procedure of record. Magellan must notify the\nDirector 48 hours prior to any re-qualification to allow a PHMSA inspector to be\npresent for all qualifying tests.\nRespondent must review the BridgeTex project and determine which welders\nworked on the pipeline without being properly qualified, and must identify the\nwelds associated with each of these welders. Respondent must provide\ndocumentation of the findings of this review to the Director, Southwest Region.\nRespondent must correct all welder qualification records to properly reflect the\ngrade of materials that were used to qualify the welder. Welder qualifications that\ndid not qualify within the parameters expressly prescribed by the procedure of\nrecord must be rejected.\nRespondent must provide documentation to demonstrate completion of the above\nitems to the Director, Southwest Region, within 60 days following receipt of this\nFinal Order.\nPHMSA requests that Respondent maintain documentation of the safety\nimprovement costs associated with fulfilling this compliance order and submit the\ntotal to the Director, Southwest Region, OPS. These costs should be reported in\ntwo categories: (a) total cost associated with preparation/revision of plans,\nprocedures, studies and analyses; and (b) total cost associated with replacements,\nadditions, and other changes to pipeline infrastructure.\n\n\n\nCPF No: 4-2014-5004\n4\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 and demonstrating good cause for an\nextension.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n420145004_Closure Letter_04142016_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 14, 2016\nMr. Michael Mears\nPresident and CEO\nMagellan Pipeline Company, LP\nOne Williams Center\nTulsa, OK 74172\nRe: CPF 4-2014-5004\nDear Mr. Mears:\nOn March 19, 2015, a Final Order was issued to Magellan Pipeline Company, LP (Magellan) in\nthe above referenced case. It made findings of the uncontested violations and specified actions\nthat needed to be taken by Magellan to comply with the pipeline safety regulations.\nMagellan responded by letter, on May 19, 2015, detailing its actions in response to the Final\nOrder with supporting documentation.\nUpon review, it has been determined that Magellan has completed all of the terms and\nrequirements of the Final Order. This letter is to inform you that no further action is necessary\nand this case is now closed. Thank you for your cooperation.\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":10814}