{"operation":"document","citation":"CPF 42021025WL","title":"COX OPERATING LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-03-02","effective_on":null,"summary":"CLOSED warning letter citing 191.29(a)(1), 191.29(b), 195.61(a)(1), 195.61(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021025wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021025wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021025wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021025WL","body":"Warning Letter involving COX OPERATING LLC. PHMSA's enforcement data identifies the cited regulations as 191.29(a)(1),  191.29(b),  195.61(a)(1),  195.61(b). The case was opened on 2021-03-02 and is reported as closed as of 2021-03-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021025WL_Warning Letter_03022021_(21-201338).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021025WL/42021025WL_Warning%20Letter_03022021_(21-201338).pdf\n\n42021025WL_Warning Letter_03022021_(21-201338)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021025WL/42021025WL_Warning%20Letter_03022021_(21-201338)_text.pdf\n\n42021025WL_Warning Letter_03022021_(21-201338)_text.pdf\n\nWARNING LETTER\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nMarch 2, 2021\nJason Rains-Love\nHSE, Training & Special Projects Manager\nCox Operating LLC\n1615 Poydras Street Suite 830\nNew Orleans, Louisiana 70112\nCPF 4-2021-025-WL\nDear Mr. Rains-Love:\nOn January 31, 2021, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety, pursuant to Chapter 601 of 49 United States\nCode (U.S.C.) inspected Cox Operating, LLC’s (Cox) compliance with PHMSA’s National\nPipeline Mapping System (NPMS) submission requirement for calendar year 2019.\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 and\nthe probable violation is:\n1. § 191.29 - National Pipeline Mapping System.\n(a) Each operator of a gas transmission pipeline or liquefied natural gas facility must\nprovide the following geospatial data to PHMSA for that pipeline or facility:\n(1) Geospatial data, attributes, metadata and transmittal letter appropriate for use in\nthe National Pipeline Mapping System. Acceptable formats and additional\ninformation are specified in the NPMS Operator Standards Manual available at\nwww.npms.phmsa.dot.gov or by contacting the PHMSA Geographic Information\nSystems Manager at (202) 366-4595.\n….\n\n\n\n2\n(b) The information required in paragraph (a) of this section must be submitted each\nyear, on or before March 15, representing assets as of December 31, of the previous\nyear. If no changes have occurred since the previous year’s submission, the operator\nmust comply with the guidance provided in the NPMS Operator Standards manual\navailable at www.npms.phmsa.dot.gov or contact the PHMSA Geographic Information\nSystems Manager at (202) 366-4596.\n§ 195.61 - National Pipeline Mapping System.\n(a) Each operator of a hazardous liquid pipeline facility must provide the following\ngeospatial data to PHMSA for that facility:\n(1) Geospatial data, attributes, metadata and transmittal letter appropriate for use\nin the National Pipeline Mapping System. Acceptable formats and additional\ninformation are specified in the NPMS Operator Standards manual available at\nwww.npms.phmsa.dot.gov or by contacting the PHMSA Geographic Information\nSystems Manager at (202) 366-4595.\n….\n(b) The information required in paragraph (a) of this section must be submitted each\nyear, on or before June 15, representing assets as of December 31, of the previous\nyear. If no changes have occurred since the previous year’s submission, the operator\nmust comply with the guidance provided in the NPMS Operator Standards manual\navailable at www.npms.phmsa.dot.gov or contact the PHMSA Geographic Information\nSystems Manager at (202) 366-4596.\nCox failed to submit an acceptable NPMS data submission for its gas transmission pipeline\nfacilities to PHMSA by March 15, 2020, and for its assets under OPID 39498 as of\nDecember 31, 2019, as required by §191.29(b). Additionally, Cox failed to submit an\nacceptable NPMS data submission for its hazardous liquid pipeline facilities to PHMSA\nby June 15, 2020 and for its assets under OPID 39498 as of December 31, 2019, as required\nby §195.61(b). PHMSA representatives first contacted Cox on September 2, 2020, to\nrequest the required corrections; however, Cox did not comply.\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.\n\n\n\n3\nWe advise you to complete an accurate and acceptable calendar year 2020 NPMS submittal as\ndetailed in our September 2, 2020 email for all of the gas transmission pipelines in your calendar\nyear 2020 Annual Report on or before March 15, 2021. Furthermore, we advise you to complete\nan accurate and acceptable calendar year 2020 NPMS submittal for all of the hazardous liquid\npipelines in your calendar year 2020 Annual Report on or before June 15, 2021. Failure to do so\nwill result in Cox 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 4-2021-025-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 the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nMary L McDaniel, P.E.\nDirector, Southwest, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Jessica Bettega, The Compliance Group, jbettega@thecomgroup.com","truncated":false,"body_characters":6530}