{"operation":"document","citation":"CPF 420175017W","title":"FRONTIER ENERGY SERVICES, L.L.C. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-05-04","effective_on":null,"summary":"CLOSED warning letter citing 195.422(a), 195.52(a)(3), 195.54(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175017w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175017w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175017w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420175017W","body":"Warning Letter involving FRONTIER ENERGY SERVICES, L.L.C.. PHMSA's enforcement data identifies the cited regulations as 195.422(a),  195.52(a)(3),  195.54(a). The case was opened on 2017-05-04 and is reported as closed as of 2017-05-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420175017W_Operator Response to Notice_05122017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175017W/420175017W_Operator%20Response%20to%20Notice_05122017.pdf\n\n420175017W_Warning Letter_05042017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175017W/420175017W_Warning%20Letter_05042017.pdf\n\n420175017W_Warning Letter_05042017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175017W/420175017W_Warning%20Letter_05042017_text.pdf\n\n420175017W_Warning Letter_05042017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 4, 2017\nRobert Shain\nSenior Vice President of Engineering\nFrontier Energy Services, LLC\n4200 E. Skelly Dr. Suite 400\nTulsa, OK 74135\nCPF 4-2017-5017W\nDear Mr. Shain:\nFollowing a reportable accident that occurred on February 11, 2016, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of\n49 United States Code, reviewed the written accident report (PHMSA F 7000-1) filed by Frontier\nand interviewed your employee as part of the investigation.\nAs a result of the investigation, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. §195.52 Immediate notice of certain accidents.\n(a) Notice requirements. At the earliest practicable moment following discovery of a\nrelease of the hazardous liquid or carbon dioxide transported resulting in an event\ndescribed in §195.50, the operator of the system must give notice, in accordance with\nparagraph (b) of this section, of any failure that:\n\n\n\n(3) Caused estimated property damage, including cost of cleanup and recovery, value of\nlost product, and damage to the property of the operator or others, or both, exceeding\n$50,000;\nFrontier failed to make a notification to the National Response Center for the accident which\noccurred on February 11, 2016, which met the reporting requirements under paragraph (a)(3).\nAn interview with the Frontier employee confirmed that no NRC notification was made at the time\nof this accident due to a misunderstanding of the reporting requirements. Notification was not\nmade upon discovery of this violation as remediation of the spill had already been completed.\n2. §195.54 Accident Reports\n(a) Each operator that experiences an accident that is required to be reported under\n§195.50 must, as soon as practicable, but not later than 30 days after discovery of\nthe accident, file an accident report on DOT Form 7000-1.\nFrontier failed to file an accident report within 30 days of an accident requiring a report under\n§195.50.\nOn July 6, 2016, Frontier filed a written accident report (PHMSA F 7000-1) for an accident which\noccurred on February 11, 2016. PHMSA conducted an interview with the Frontier employee who\nfiled the report. The investigation revealed that there was a misunderstanding of PHMSA reporting\nrequirements within the company and the report was filed when he became aware of the\nrequirements.\n3. §195.422 Pipeline repairs.\n(a) Each operator shall, in repairing its pipeline systems, insure that the repairs are\nmade in a safe manner and are made so as to prevent damage to persons or\nproperty.\nFrontier personnel failed to insure that the repairs made to their Holly Station were made in a safe\nmanner. Frontier utilized contract employees to perform a repair on a leaking seal pump at the\nHolly Station in Eddy County, New Mexico. Upon completion of the repair, the contract\nemployees left the drain valve open which allowed product to later be released from the pipeline.\nThe failure to properly repair the pump seal in accordance with §195.422(a) resulted in a reportable\naccident.\n2\n\n\n\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $205,638\nper violation per day the violation persists up to a maximum of $2,056,380 for a related series of\nviolations. For violation occurring between January 4, 2012 to August 1, 2016, the maximum\npenalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed\n$2,000,000 for a related series of violations. For violations occurring prior to January 4, 2012, the\nmaximum penalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitems identified in this letter. Failure to do so will result in Frontier Energy Services LLC being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2017-5017W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nTerri J. Binns\nActing Director, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":5864}