{"operation":"document","citation":"CPF 420201005W","title":"GULF SOUTH PIPELINE COMPANY, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-03-09","effective_on":null,"summary":"CLOSED warning letter citing 192.303.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420201005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420201005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420201005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420201005W","body":"Warning Letter involving GULF SOUTH PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulation as 192.303. The case was opened on 2020-03-09 and is reported as closed as of 2020-03-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420201005W_Warning Letter_03092020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201005W/420201005W_Warning%20Letter_03092020.pdf\n\n420201005W_Warning Letter_03092020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420201005W/420201005W_Warning%20Letter_03092020_text.pdf\n\n420201005W_Warning Letter_03092020_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 9, 2020\nRichard Keyser\nSenior Vice President of Operations\nGulf South Pipeline Company, LLC\n9 Greenway Plaza, Suite 2800\nHouston, Texas 77046\nCPF 4-2020-1005W\nDear Mr. Keyser:\nBetween January 27 and February 28, 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.) inspected your Willis Lateral Index 129-103 construction near Conroe, Texas.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected\nand the probable violation is:\n1. §192.303 Compliance with specifications or standards\nEach transmission line or main must be constructed in accordance with\ncomprehensive written specifications or standards that are consistent with this part.\nThe operator failed to construct the pipeline in accordance with the written specifications for the\nproject. The project specifications require the use of the manufacturer’s specification for the\napplication of field joint coating repairs. According to the operator’s procedure, “All coating\nmaterials used shall be done in accordance with coating manufacturer’s published guidelines.”\nAccording to the manufacturer’s specification, “Preheating may be accomplished with heat gun or\nindirect heat. Post heating can be performed with heat gun or indirect heat.” The procedure does\nnot include provisions for the direct application of heat.\n\n\n\nDuring the inspection conducted between January 27-31, 2020, PHMSA observed contractor\npersonnel heating the pipe using a direct flame on more than one occasion. During the exit brief,\nthe operator indicated that they would begin using heat guns in the future. On a subsequent\ninspection conducted between February 24-28, 2020, a direct flame device was observed in the\narea of a coating repair activity. When asked, the contractor was unable to produce a heat gun to\nbe used on the project.\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 related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting 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\nitem(s) identified in this letter. Failure to do so will result in Gulf South Pipeline Company, LLC\nbeing subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2020-1005W. 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,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":4679}