# MAGELLAN PIPELINE COMPANY, LP — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

420145004_Closure Letter_04142016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145004/420145004_Closure%20Letter_04142016.pdf

420145004_Closure Letter_04142016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145004/420145004_Closure%20Letter_04142016_text.pdf

420145004_Final Order_03192015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145004/420145004_Final%20Order_03192015.pdf

420145004_Final Order_03192015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145004/420145004_Final%20Order_03192015_text.pdf

420145004_NOPV PCO_04042014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145004/420145004_NOPV%20PCO_04042014.pdf

420145004_NOPV PCO_04042014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145004/420145004_NOPV%20PCO_04042014_text.pdf

420145004_Final Order_03192015_text.pdf

March 19, 2015
Mr. Michael Mears
President and CEO
Magellan Pipeline Company, LP
One Williams Center
Tulsa, OK 74172
Re: CPF No. 4-2014-5004
Dear Mr. Mears:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and specifies actions that need to be taken by Magellan Pipeline Company, LP, to
comply with the pipeline safety regulations. When the terms of the compliance order have been
completed, as determined by the Director, Southwest Region, this enforcement action will be
closed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,
or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. R. M. Seeley, Southwest Region Director, OPS
Mr. Michael Pearson, Senior Vice President, Technical Services, Magellan Pipeline
Company, LP
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Magellan Pipeline Company, LP, ) CPF No. 4-2014-5004
)
Respondent. )
____________________________________)
FINAL ORDER
On March 26, 2014, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site inspection of welder qualifications and records of Magellan Pipeline
Company, LP (Magellan or Respondent), related to the company’s BridgeTex Pipeline
construction project. The welder qualifications were observed at Maverick Testing Laboratories,
Inc., in La Porte, Texas. Magellan operates approximately 9,500 miles of refined products
pipelines with 53 connected terminals in 15 Midwestern states.1
As a result of the inspection, the Director, Southwest Region, OPS (Director), issued to
Respondent, by letter dated April 4, 2014, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that Magellan had violated 49 C.F.R. § 195.222 and proposed ordering Respondent to
take certain measures to correct the alleged violations.
Respondent failed to respond to the Notice. Under 49 C.F.R. § 190.209(c), such failure to
respond constitutes a waiver of Magellan’s right to contest the allegations in the Notice and
authorizes the Associate Administrator, without further notice, to find facts as alleged in the
Notice and to issue this Final Order under § 190.213. In this case, the Notice was mailed to
Respondent by certified mail (USPS Article No. 7007 0710 0002 1372 1435) on April 4, 2014,
and was received by Respondent on April 16, 2014, as shown by the return receipt on file with
PHMSA. To date, Respondent has not acknowledged or responded to the Notice. Under such
circumstances, I find it reasonable and appropriate to enter this Final Order without further
proceedings.2
1 See http://www magellanlp.com (last accessed December 10, 2014).
2 In the Matter of Tampa Pipeline Corporation, Final Order (CPF No. 2-2008-6002] (April 26, 2010), 2010 WL
6531627, (D.O.T.), August 27, 2010; See also, In the Matter of Tampa Bay Pipeline Corporation, Final Order (CPF



CPF No: 4-2014-5004
2
FINDINGS OF VIOLATION
Magellan did not contest the allegations in the Notice that it violated 49 C.F.R. Part 195, as
follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.222(a), which states:
§ 195.222 Welders: Qualification of welders.
(a) Each welder must be qualified in accordance with section 6 of API
1104 (incorporated by reference, see § 195.3) or section IX of the ASME
Boiler and Pressure Vessel Code, (incorporated by reference, see § 195.3)
except that a welder qualified under an earlier edition than listed in
§ 195.3 may weld but may not re-qualify under that earlier edition.
The Notice alleged that Respondent violated 49 C.F.R. § 195.222(a) by failing to properly
qualify each of its welders. Specifically, the Notice alleged that Magellan qualified welders
using a lower grade of pipe than was required by its qualification procedure. Section 6 of API
1104 and section IX of the ASME Boiler and Pressure Vessel Code require welders to be
qualified in accordance with a qualified welding procedure.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.222(a) by failing to properly
qualify each of its welders.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.222(a), as quoted above,
by failing to qualify one of its welders, K. Rogers, in accordance with section 6 of API 1104 or
section IX of the ASME Boiler and Pressure Vessel Code. Under those standards, a welder must
be qualified by making one or more test welds on pipe covered by a procedure that has also been
qualified. In this case, the Notice alleged that Magellan’s welder was tested on API 5L X42
pipe, as witnessed by a PHMSA inspector, but the qualified procedure being used by Magellan
for the test, WPS MAG-60-F-G1 & 2, actually covered different grades of pipe (API material
grades ≥X46 - X60).
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.222(a) by failing to qualify one
of its welders in accordance with section 6 of API 1104 or section IX of the ASME Boiler and
Pressure Vessel Code.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
No. 2-2005-6012 (Dec. 1, 2006), 2008 WL 902910 (D.O.T.), March 31, 2008. PHMSA final orders are generally
accessible on the agency’s website, available at http://primis.phmsa.dot.gov/comm/reports/enforce/Actions.



CPF No: 4-2014-5004
3
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Items 1 and 2 in the Notice for
violations of 49 C.F.R. § 195.222(a). Under 49 U.S.C. § 60118(a), each person who engages in
the transportation of hazardous liquids by pipeline or who owns or operates a pipeline facility is
required to comply with the applicable safety standards established under chapter 601. Pursuant
to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take
the following actions to ensure compliance with the pipeline safety regulations applicable to its
operations:
1. 2. 3. 4. 5. With respect to the violation of § 195.222(a) (Items 1 and 2), Respondent must
re-qualify all welders who were not qualified using the materials and parameters
prescribed by the qualification procedure of record. Magellan must notify the
Director 48 hours prior to any re-qualification to allow a PHMSA inspector to be
present for all qualifying tests.
Respondent must review the BridgeTex project and determine which welders
worked on the pipeline without being properly qualified, and must identify the
welds associated with each of these welders. Respondent must provide
documentation of the findings of this review to the Director, Southwest Region.
Respondent must correct all welder qualification records to properly reflect the
grade of materials that were used to qualify the welder. Welder qualifications that
did not qualify within the parameters expressly prescribed by the procedure of
record must be rejected.
Respondent must provide documentation to demonstrate completion of the above
items to the Director, Southwest Region, within 60 days following receipt of this
Final Order.
PHMSA requests that Respondent maintain documentation of the safety
improvement costs associated with fulfilling this compliance order and submit the
total to the Director, Southwest Region, OPS. These costs should be reported in
two categories: (a) total cost associated with preparation/revision of plans,
procedures, studies and analyses; and (b) total cost associated with replacements,
additions, and other changes to pipeline infrastructure.



CPF No: 4-2014-5004
4
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety

420145004_Closure Letter_04142016_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
April 14, 2016
Mr. Michael Mears
President and CEO
Magellan Pipeline Company, LP
One Williams Center
Tulsa, OK 74172
Re: CPF 4-2014-5004
Dear Mr. Mears:
On March 19, 2015, a Final Order was issued to Magellan Pipeline Company, LP (Magellan) in
the above referenced case. It made findings of the uncontested violations and specified actions
that needed to be taken by Magellan to comply with the pipeline safety regulations.
Magellan responded by letter, on May 19, 2015, detailing its actions in response to the Final
Order with supporting documentation.
Upon review, it has been determined that Magellan has completed all of the terms and
requirements of the Final Order. This letter is to inform you that no further action is necessary
and this case is now closed. Thank you for your cooperation.
Sincerely,
R. M. Seeley
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration
- **truncated:** false
- **body characters:** 10814