COX OPERATING LLC — Notice of Probable Violation

case documentOfficial PDF420207003_NOPV PCO_03042020.pdf#

case documentOfficial PDF420207003_NOPV PCO_03042020_text.pdf#

party submissionOfficial PDF420207003_Operator Response to Notice_03102020.pdf#

420207003_Final Order_06262020_text.pdf, page 1Official PDFJune 26, 2020 VIA ELECTRONIC MAIL TO: rdykes@coxoil.com Mr. Rodney Dykes Chief Operating Officer Cox Operating, LLC 1615 Poydras Street, Suite 830 New Orleans, Louisiana 70112 Re: CPF No. 4-2020-7003 Dear Mr. Dykes: Enclosed please find the Final Order issued in the above-referenced case. It makes findings 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 L. McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA CONFIRMATION OF RECEIPT REQUESTED#

420207003_Final Order_06262020_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Cox Operating, LLC, ) CPF No. 4-2020-7003 ) ) ) Respondent. ) ____________________________________) FINAL ORDER On March 4, 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 Cox Operating, LLC (Respondent). 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 violations. Respondent did not contest the allegations 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. § 195.452(f)(1) (Item 2) ─ Respondent failed to properly identify all pipeline segments that could affect a high consequence area; 49 C.F.R. § 195.452(f)(6) (Item 3) ─ Respondent failed to identify preventive and mitigative measures to protect its pipeline segments that could affect high consequence areas; and 49 C.F.R. § 195.483(c) (Item 5) ─ Respondent failed to provide protection against corrosion when atmospheric corrosion was identified during an inspection. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent.#

420207003_Final Order_06262020_text.pdf, page 3CPF No. 4-2020-7003 Page 2 COMPLIANCE ACTIONS 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 violations. 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 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 ITEMS With respect to Items 1 and 4, the Notice alleged probable violations of 49 C.F.R. §§ 195.402(e)(9) and 195.452(j)(1), but did not propose a civil penalty or compliance order for these items. Therefore, these are considered to be warning items. If OPS finds a violation of either of these provisions 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#