{"operation":"document","citation":"CPF 42020011WL","title":"COX OPERATING LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-10-30","effective_on":null,"summary":"CLOSED warning letter citing 195.505(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020011wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020011wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020011wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42020011WL","body":"Warning Letter involving COX OPERATING LLC. PHMSA's enforcement data identifies the cited regulation as 195.505(b). The case was opened on 2020-10-30 and is reported as closed as of 2020-10-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42020011WL_Warning Letter_10302020_(20-184100).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020011WL/42020011WL_Warning%20Letter_10302020_(20-184100).pdf\n\n42020011WL_Warning Letter_10302020_(20-184100)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020011WL/42020011WL_Warning%20Letter_10302020_(20-184100)_text.pdf\n\n42020011WL_Warning Letter_10302020_(20-184100)_text.pdf\n\nWARNING LETTER\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nOctober 30, 2020\nRodney Dykes\nPresident and Chief Operating Officer\nCox Operating, LLC\n1615 Poydras Street, Suite 830\nNew Orleans, Louisiana 70112\nCPF 4-2020-011-WL\nDear Mr. Dykes:\nFrom June 14, 2020 through September 27, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), reviewed an Integrity Management (IM) Notification submitted on June 10, 2020, by\nCox Operating, LLC (Cox).\nAs a result of the review, it is alleged that Cox has committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The item reviewed, and the\nprobable violation is:\n1. § 195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified.\nCox failed to ensure through evaluation that an individual performing a covered task was\nqualified as required by § 195.505(b). Specifically, a contract employee performed an Armor\nPlate installation near the Grand Isle Terminal on August 6, 2020, with an expired qualification.\nThe contractor’s qualification for General Abnormal Operating Conditions (task CT60) expired\non January 9, 2020,\n\n\n\n2\nCox’s Operator Qualification Program, Section 8, Covered Tasks (Last Reviewed May 24,\n2019) states:\n“The evaluation of Cox employees and contractors shall include how to recognize and\nreact to potential Abnormal Operating Conditions (AOC) that could occur during the\nperformance of each covered task they are being evaluated for.”\nAt the time of PHMSA’s review, Cox was unable to provide documentation indicating that the\ncontract employee was qualified prior to or at the time of performing the covered task on August\n6, 2020.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a\nrelated series of violations. For violation occurring on or after November 27, 2018, and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022. For violations occurring\nprior to November 2, 2015, the maximum penalty may not exceed $200,000 per violation per\nday, with a maximum penalty not to exceed $2,000,000 for a related series of violations. We\nhave reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nCox Operating, LLC, being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2020-011-WL. 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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":4559}