{"operation":"document","citation":"CPF 42022052WL","title":"GENESIS OFFSHORE HOLDINGS, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-08-12","effective_on":null,"summary":"CLOSED warning letter citing 195.440(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022052wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022052wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022052wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42022052WL","body":"Warning Letter involving GENESIS OFFSHORE HOLDINGS, LLC. PHMSA's enforcement data identifies the cited regulation as 195.440(i). The case was opened on 2022-08-12 and is reported as closed as of 2022-08-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42022052WL_Warning Letter_08122022_(22-233713).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022052WL/42022052WL_Warning%20Letter_08122022_(22-233713).pdf\n\n42022052WL_Warning Letter_08122022_(22-233713)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022052WL/42022052WL_Warning%20Letter_08122022_(22-233713)_text.pdf\n\n42022052WL_Warning Letter_08122022_(22-233713)_text.pdf\n\nWARNING LETTER\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nAugust 12, 2022\nJeffrey W. Gifford\nVice President\nGenesis Offshore Holdings, LLC\n919 Milam Suite 2100\nHouston, Texas 77002\nCPF 4-2022-052-WL\nDear Mr. Gifford:\nFrom February 28 to April 21, 2022, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected Genesis Offshore Holdings, LLC’s (Genesis) Keathley Canyon Offshore Liquid Pipeline\nin the Gulf of Mexico in Louisiana.\nAs a result of the inspection, it is alleged that Genesis has 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. § 195.440 Public awareness.\n(a) …\n(i) The operator's program documentation and evaluation results must be available\nfor periodic review by appropriate regulatory agencies.\nGenesis failed to provide program documentation and evaluation results of its Public Awareness\nactivities which must be available for periodic review by appropriate regulatory agencies as\nrequired by §195.440(a)(i).\nGenesis’s written Public Awareness Program (Document No. PAP-4000, Revision No. 6, dated\n09/02/2019), Section 5.1.7 – Public Awareness / Damage Prevention Committee states that the\npurpose of the Committee is to provide input and feedback regarding Annual Self-Assessment,\nEffectiveness Evaluation, and Continuous Improvement process. At the time of the inspection,\nGenesis failed to provide program documentation and evaluation results of the Committee’s input\nand feedback for the 2018 Effectiveness Review.\n\n\n\nIn addition, the same procedure, section 10.2 states that once final recommended continuous\nimprovement changes are approved by the Manager of HSSE Compliance Group, they shall be\npresented to the Public Awareness / Damage Prevention Committee for final internal review and\ndiscussion. The final approval of recommendations for continuous improvement shall be agreed\nupon by this Committee. This process shall be conducted as needed, but atleast once annually.\nGenesis did not maintain records of key program elements which would demonstrate the level of\nimplementation of the effectiveness review of its public awareness program. Genesis also failed\nto track the implementation of audit recommendations from its public awareness program\neffectiveness review.\nFurthermore, during the inspection, Genesis provided updates to the 2019 Revision Log for the\nOperations and Maintenance Procedures Manual Liquids, Revision No. 5, dated 05/23/2019,\nwhich fails to adequately identify its changes to the Public Awareness Program based on the\nconsiderations provided by the 2018 Effectiveness Review and it does not provide sufficient details\nof the Committee’s internal review and discussion.\nGenesis was unable to provide sufficient documentation in support of its decision not to implement\nconsiderations from the 2018 Effectiveness Review as part of the revision to the Public Awareness\nProgram.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for a related\nseries of violations. For violation occurring on or after May 3, 2021 and before March 21, 2022,\nthe maximum penalty may not exceed $225,134 per violation per day the violation persists, up to\na maximum of $2,251,334 for a related series of violations. For violation occurring on or after\nJanuary 11, 2021 and before May 3, 2021, the maximum penalty may not exceed $222,504 per\nviolation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violation occurring on or after July 31, 2019 and before January 11, 2021, the\nmaximum penalty may not exceed $218,647 per violation per day the violation persists, up to a\nmaximum of $2,186,465 for a related series of violations. For violation occurring on or after\nNovember 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per\nviolation per day, with a maximum penalty not to exceed $2,132,679. For violation occurring on\nor after November 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nGenesis Offshore Holdings, LLC being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2022-052-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 Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: John Jewett, Manager – Regulatory Compliance, John.jewett@genlp.com","truncated":false,"body_characters":6311}