{"operation":"document","citation":"CPF 42022054WL","title":"SFPP, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-07-13","effective_on":null,"summary":"CLOSED warning letter citing 199.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022054wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022054wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022054wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42022054WL","body":"Warning Letter involving SFPP, LP. PHMSA's enforcement data identifies the cited regulation as 199.1. The case was opened on 2022-07-13 and is reported as closed as of 2022-07-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42022054WL_Warning Letter_07132022_(22-237852).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022054WL/42022054WL_Warning%20Letter_07132022_(22-237852).pdf\n\n42022054WL_Warning Letter_07132022_(22-237852)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022054WL/42022054WL_Warning%20Letter_07132022_(22-237852)_text.pdf\n\n42022054WL_Warning Letter_07132022_(22-237852)_text.pdf\n\nWARNING LETTER\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nJuly 13, 2022\nSteven Kean\nPresident\nSFPP, LP\n1001 Louisiana Street, Suite 100\nHouston, Texas 77002\nCPF 4-2022-054-WL\nDear Mr. Kean:\nFrom March 3, 2022, to May 5, 2022, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected SFPP, LP’s PHMSA drug and alcohol (D&A) program in Houston, Texas.\nAs a result of the inspection, it is alleged that SFPP, LP 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 as follows:\n1. § 199.1 Scope.\nThis part requires operators of pipeline facilities subject to part 192, 193, or 195 of\nthis chapter to test covered employees for the presence of prohibited drugs and\nalcohol.\nSFPP, LP, an operator of pipeline facilities subject to part 192, 193, or 195 of this chapter1\ntested employees not covered by the PHMSA drug and alcohol (D&A) regulations for the presence\nof prohibited drugs and alcohol as specified in 49 CFR part 40.\nSection 199.3 defines a covered employee to mean a person who performs a covered function,\nincluding persons employed by operators, contractors engaged by operators, and persons employed\nby such contractors. In addition, §199.3 defines a covered function to mean an operations,\nmaintenance, or emergency-response function regulated by part 192, 193, or 195 that is performed\non a pipeline or on an LNG facility.\nIn accordance with §199.115 and §199.245, SFPP, LP allows its contractors to carry out the\nPHMSA D&A testing program required by Part 199. NDT Global, a contractor for SFPP, LP,\nperformed D&A testing on its employees in calendar years 2019, 2020, and 2021 that did not\nperform covered functions on PHMSA regulated pipelines in those calendar years and who were\nnot PHMSA covered employees.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, SFPP, LP is subject to a civil penalty not to\n1 Title 49, Subtitle, Chapter I, Subchapter D\n\n\n\nexceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for\na related series of violations. For violations occurring on or after May 3, 2021, and before March\n21, 2022, the maximum penalty may not exceed $225,134 per violation per day the violation\npersists, up to a maximum of $2,251,334 for a related series of violations. For violations occurring\non or after January 11, 2021, and before May 3, 2021, the maximum penalty may not exceed\n$222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a related\nseries of violations. For violations occurring on or after July 31, 2019, and before January 11,\n2021, the maximum penalty may not exceed $218,647 per violation per day the violation persists,\nup to a maximum of $2,186,465 for a related series of violations. For violations occurring on or\nafter November 27, 2018, and before July 31, 2019, the maximum penalty may not exceed\n$213,268 per violation per day, with a maximum penalty not to exceed $2,132,679. For violations\noccurring on or after November 2, 2015, and before November 27, 2018, the maximum penalty\nmay not exceed $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\nSFPP, LP 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 4-2022-054-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 qualities for contidential 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","truncated":false,"body_characters":5135}