{"operation":"document","citation":"CPF 420155010W","title":"TRANSMONTAIGNE OPERATING COMPANY L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-04-13","effective_on":null,"summary":"CLOSED warning letter citing 195.573(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155010w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155010w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155010w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420155010W","body":"Warning Letter involving TRANSMONTAIGNE OPERATING COMPANY L.P.. PHMSA's enforcement data identifies the cited regulation as 195.573(c). The case was opened on 2015-04-13 and is reported as closed as of 2015-04-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420155010W_Warning_04132015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420155010W/420155010W_Warning_04132015.pdf\n\n420155010W_Warning_04132015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420155010W/420155010W_Warning_04132015_text.pdf\n\n420155010W_Warning_04132015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 13, 2015\nMr. Edward Luebke\nVice President, Pipeline Operations\nTransMontaigne Inc.\n200 Mansell Court East, Suite 600\nRoswell, GA 30076\nCPF 4-2015-5010W\nDear Mr. Luebke:\nOn October 7-9, 2014, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United\nStates Code inspected your Diamondback Pipeline facilities in Brownsville, TX.\nAs a result of the inspection, it appears that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The item inspected and the probable\nviolation is:\n1. §195.573 What must I do to monitor external corrosion control?\n(c) Rectifiers and other devices. You must electrically check for proper performance each\ndevice in the first column at the frequency stated in the second column.\n\n\n\nDevice Check Frequency\nRectifier……………………..\nAt least six times each calendar year,\nbut with intervals not exceeding 2 ½\nmonths.\nReverse Current Switch,\nDiode,\nInterference bond whose failure would\njeopardize structural protection\nOther interference bond ………… At least once each calendar year not to\nexceed 15 months.\nTransMontaigne did not inspect their Highway 281 rectifier at least six times each calendar\nyear with intervals not exceeding 2 ½ months. According to the TransMontaigne External\nCorrosion Control Monitoring inspection report, in calendar year 2013 the rectifier was\ninspected on February 28, June 28, November 15 and December 26 which did not meet the\nrequired six inspections or the maximum interval of 2 ½ months between inspections.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not exceed\n$100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a related\nseries of violations. We have reviewed the circumstances and supporting documents involved in this\ncase, and have decided not to conduct additional enforcement action or penalty assessment\nproceedings at this time. We advise you to correct the item(s) identified in this letter. Failure to do\nso will result in TransMontaigne Inc. being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF\n4-2015-5010W. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive material\nqualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original\ndocument you must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":3839}