# EMPIRE MIDSTREAM LLC — Notice of Probable Violation - **operation:** document - **citation:** CPF 420207002 - **title:** EMPIRE MIDSTREAM LLC — Notice of Probable Violation - **source type:** enforcement - **agency:** Pipeline and Hazardous Materials Safety Administration - **status:** historical - **official:** true - **published on:** 2020-02-11 - **effective on:** Not available - **summary:** CLOSED notice of probable violation citing 195.402(c)(13), 195.420(b). - **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-420207002.json - **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-420207002.md - **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-420207002 - **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/420207002 **body:** Notice of Probable Violation involving EMPIRE MIDSTREAM LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(13), 195.420(b). The case was opened on 2020-02-11 and is reported as closed as of 2021-05-25. Open the official case record for notices, responses, orders, and the latest status. Official case documents: 420207002_Closure Letter_05252021_(19-164165S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/420207002/420207002_Closure%20Letter_05252021_(19-164165S).pdf 420207002_Closure Letter_05252021_(19-164165S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420207002/420207002_Closure%20Letter_05252021_(19-164165S)_text.pdf 420207002_Final Order_06262020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420207002/420207002_Final%20Order_06262020.pdf 420207002_Final Order_06262020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420207002/420207002_Final%20Order_06262020_text.pdf 420207002_NOPV PCO_02112020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420207002/420207002_NOPV%20PCO_02112020.pdf 420207002_NOPV PCO_02112020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420207002/420207002_NOPV%20PCO_02112020_text.pdf 420207002_Operator Response to Notice_05282020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420207002/420207002_Operator%20Response%20to%20Notice_05282020.pdf 420207002_Final Order_06262020_text.pdf June 26, 2020 VIA ELECTRONIC MAIL TO: everard@marksexplorer.com Mr. Everard W. Marks III Chief Executive Officer Empire Pipeline, LLC 601 Poydras Street, Suite 1725 New Orleans, Louisiana 70130 Re: CPF No. 4-2020-7002 Dear Mr. Marks: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Southwest Region, this enforcement action will be closed. Service of the Final Order by electronic mail is effective upon the date of transmission as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Ms. Mary McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA Ms. Maryanne Ward, Compliance and Regulatory Manager, Empire Pipeline, LLC, maryanne@empirepipelinellc.com CONFIRMATION OF RECEIPT REQUESTED U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ ) In the Matter of ) ) Empire Pipeline, LLC, ) CPF No. 4-2020-7002 a subsidiary of Marks Holding Corp., ) ) Respondent. ) ) FINAL ORDER On February 11, 2020, pursuant to 49 C.F.R. § 190.207, the Director, Southwest Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed Compliance Order (Notice) to Empire Pipeline, LLC (Respondent), a subsidiary of Marks Holding Corporation.1 The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 195. The Notice also proposed certain measures to correct the violation. Respondent did not contest the allegation of violation or corrective measures. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 195.402(c)(13) (Item 1) ─ Respondent failed to have a written procedure to periodically review the work done by its personnel to determine the effectiveness of its procedures used in normal operation and maintenance activities. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violation. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of ordered actions, Respondent may request that the Director close the case. Failure to comply COMPLIANCE ACTIONS 1 Marks Holding Corporation website, Affiliates/Subsidiaries, available at https://www marksholding.com/subsidiaries (last accessed June 17, 2020) CPF No. 4-2020-7002 Page 2 with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States. WARNING ITEM With respect to Item 2, the Notice alleged a probable violation of 49 C.F.R. § 195.420(b), but did not propose a civil penalty or compliance order for this item. Therefore, this is considered to be a warning item. If OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. June 26, 2020 _______________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety 420207002_Closure Letter_05252021_(19-164165S)_text.pdf ELECTRONIC MAIL - RETURN RECEIPT REQUESTED May 25, 2021 Everard W. Marks, III Chief Executive Officer Empire Pipeline, LLC 601 Poydras St., Suite 1725 New Orleans, Louisiana 70130 CPF 4-2020-7002 Dear Mr. Marks: On June 26, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Empire Pipeline, LLC a Final Order in the above-referenced case. This Order included a Compliance Order and a Warning Item. Based on our review of the documentation Empire provided, PHMSA has determined that you have complied with the terms of the Final Order. Accordingly, this case is now closed, and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Mary L. McDaniel, P.E. Director, Southwest Region Pipeline and Hazardous Materials Safety Administration - **truncated:** false - **body characters:** 6331