{"operation":"document","citation":"CPF 420202001","title":"PANTHER INTERSTATE PIPELINE ENERGY, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-04-23","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.17(a), 192.469, 192.612(a), 192.612(b), 192.709, 192.745(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420202001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420202001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420202001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420202001","body":"Notice of Probable Violation involving PANTHER INTERSTATE PIPELINE ENERGY, LLC. PHMSA's enforcement data identifies the cited regulations as 191.17(a),  192.469,  192.612(a),  192.612(b),  192.709,  192.745(a). The case was opened on 2020-04-23 and is reported as closed as of 2021-01-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420202001_Closure Letter_01142021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420202001/420202001_Closure%20Letter_01142021.pdf\n\n420202001_Closure Letter_01142021_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420202001/420202001_Closure%20Letter_01142021_text.pdf\n\n420202001_Final Order_07022020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420202001/420202001_Final%20Order_07022020.pdf\n\n420202001_Final Order_07022020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420202001/420202001_Final%20Order_07022020_text.pdf\n\n420202001_NOPV PCO_04232020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420202001/420202001_NOPV%20PCO_04232020.pdf\n\n420202001_NOPV PCO_04232020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420202001/420202001_NOPV%20PCO_04232020_text.pdf\n\n420202001_Operator Response to Notice_05152020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420202001/420202001_Operator%20Response%20to%20Notice_05152020.pdf\n\n420202001_Final Order_07022020_text.pdf\n\nJuly 2, 2020\nVIA ELECTRONIC MAIL TO: jshipper@pantherassetmgmt.com\nMr. Jeff Shipper\nManager\nPanther Interstate Pipeline Energy, LLC\n1505 Texas Loop 197 South\nTexas City, Texas 77592\nRe: CPF No. 4-2020-2001\nDear Mr. Shipper:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken to comply with the pipeline safety\nregulations. When the terms of the compliance order are completed, as determined by the\nDirector, Southwest Region, this enforcement action will be closed. Service of the Final Order\nby electronic mail is effective upon the date of transmission as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: Ms. Mary McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMNT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nPanther Interstate Pipeline Energy, LLC, ) CPF No. 4-2020-2001\n)\n)\n)\nRespondent. )\n_____________________________________ )\nFINAL ORDER\nOn April 23, 2020, pursuant to 49 C.F.R. § 190.207, the Director, Southwest Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Panther Interstate\nPipeline Energy, LLC (Respondent). The Notice proposed finding that Respondent had violated\nthe pipeline safety regulations in 49 C.F.R. Part 192. The Notice also proposed certain measures\nto correct the violations. Respondent did not contest the allegations of violation or corrective\nmeasures and provided information relevant to its purported compliance with Items 2 and 3 of\nthe compliance order.\nBased upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the\npipeline safety regulations listed below, as more fully described in the enclosed Notice, which is\nincorporated by reference:\n49 C.F.R. § 192.469 (Item 2) ─ Respondent failed to have sufficient test stations\nor other contact points for electrical measurement to determine the adequacy of\ncathodic protection for each pipeline under cathodic protection required by Part\n192; and\n49 C.F.R. § 192.612(a) & (b) (Item 3) ─ Respondent failed to follow its\nprocedure to identify its pipelines in the Gulf of Mexico and its inlets in waters\nless than 15 feet (4.6 meters) deep as measured from mean low water that are at\nrisk of being an exposed underwater pipeline or a hazard to navigation, and failed\nto conduct appropriate periodic underwater inspections of these lines based on the\nidentified risk.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\n\n\n\nCPF No. 4-2020-2001\nPage 2\nCOMPLIANCE ACTIONS\nPursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the\nactions proposed in the enclosed Notice to correct the violations. The Director may grant an\nextension of time to comply with any of the required items upon a written request timely\nsubmitted by the Respondent and demonstrating good cause for an extension. Upon completion\nof ordered actions, Respondent may request that the Director close the case. Failure to comply\nwith this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in\nreferral to the Attorney General for appropriate relief in a district court of the United States.\nWARNING ITEMS\nWith respect to Items 1, 4 and 5, the Notice alleged probable violations of 49 C.F.R. §§\n191.17(a), 192.709(c) and 192.745(a), respectively, but did not propose a civil penalty or\ncompliance order for these items. Therefore, these are considered to be warning items. If OPS\nfinds a violation of any of these items in a subsequent inspection, Respondent may be subject to\nfuture enforcement action.\nThe terms and conditions of this order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nJuly 2, 2020\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n420202001_Closure Letter_01142021_text.pdf\n\nELECTRONIC MAIL\nJanuary 14, 2021\nJeff Shipper\nManager\nPanther Interstate Pipeline Energy, LLC\n1505 Texas Loop 197 South\nTexas City, Texas 77592\nRE: CPF 4-2020-2001\nDear Mr. Shipper:\nOn July 2, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a\nFinal Order in the above-referenced case that included a Compliance Order to Panther Interstate\nPipeline Energy, LLC (Panther). My staff has reviewed the documentation provided on September\n16, 2020, and has determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":6562}