{"operation":"document","citation":"CPF 42024051NOA","title":"NAVIGATOR BORGER EXPRESS LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-10-30","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.402(c)(3), 195.420(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024051noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024051noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024051noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42024051NOA","body":"Notice of Amendment involving NAVIGATOR BORGER EXPRESS LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(3),  195.420(a). The case was opened on 2024-10-30 and is reported as closed as of 2024-12-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42024051NOA_Closure Letter_12132024_(24-297498).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024051NOA/42024051NOA_Closure%20Letter_12132024_(24-297498).pdf\n\n42024051NOA_Closure Letter_12132024_(24-297498)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024051NOA/42024051NOA_Closure%20Letter_12132024_(24-297498)_text.pdf\n\n42024051NOA_Notice of Amendment_10302024_(24-297498).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024051NOA/42024051NOA_Notice%20of%20Amendment_10302024_(24-297498).pdf\n\n42024051NOA_Notice of Amendment_10302024_(24-297498)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024051NOA/42024051NOA_Notice%20of%20Amendment_10302024_(24-297498)_text.pdf\n\n42024051NOA_Notice of Amendment_10302024_(24-297498)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: vrosa@nesmidstream.com\nOctober 30, 2024\nVidal Rosa\nExecutive Vice President of Operations\nNavigator Energy Services\n2807 Allen Street #833\nDallas, Texas 75204\nCPF 4-2024-051-NOA\nDear Mr. Rosa:\nFrom March 4 to 8, March 11 to 14, and May 13 to 17, 2024 of the on-site inspection,\nrepresentatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nNavigator Borger Express, LLC’s1 (Navigator) procedures for its crude oil pipeline facilities in\nOklahoma and Texas.\nAs a result of the inspection, PHMSA has identified an apparent inadequacy within Navigator’s\nplans or procedures. The item inspected and the inadequacy is described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal\noperations and emergencies. This manual shall be reviewed at intervals\nnot exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a\npipeline system commence, and appropriate parts shall be kept at\nlocations where operations and maintenance activities are conducted.\n(b) . . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n1 Navigator Borger Express, LLC is an affiliate of Navigator Energy Services, LLC.\n\n\n\n(1) . . . .\n(3) Operating, maintaining, and repairing the pipeline system in\naccordance with each of the requirements of this subpart and subpart\nH of this part.\n§ 195.420: Valve Maintenance\n(a) . . . .\n(f) Each operator must implement remedial measures as follows to\ncorrect any valve installed on an onshore pipeline in accordance with §\n195.258(c), or an RMV or alternative equivalent technology installed in\naccordance with § 195.418, that is indicated to be inoperable or unable\nto maintain effective shut-off:\n(1) Repair or replace the valve as soon as practicable but no later\nthan 12 months after finding that the valve is inoperable or unable to\nmaintain shut-off. An operator may request an extension of the\ncompliance deadline requirements of this section if it can demonstrate\nto PHMSA, in accordance with the notification procedures in § 195.18,\nthat repairing or replacing a valve within 12 months would be\neconomically, technically, or operationally infeasible; and\nNavigator’s written procedures for conducting operations and maintenance activities were\ninadequate to provide for the safe operation of a pipeline facility in accordance with §\n195.402(c)(3). Specifically, Navigator’s procedure, Liquid Operations Manual Procedure, P-\n195.420, failed to state that Navigator will repair or replace the valve as soon as practicable, but\nno later than 12 months after finding that the valve is inoperable or unable to maintain shut-off.\nFollowing the PHMSA inspection, Navigator revised Liquid Operations Manual Procedure, P-\n195.420 in July 2024 and submitted an updated version to PHMSA on August 30, 2024. The\nupdated procedure corrected the inadequacy. No further revisions are required.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Enforcement\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you submit\nin response to this enforcement action is subject to being made publicly available. If you believe\nthat any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. §\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. § 552(b).\n\n\n\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under § 190.211. As mentioned above, Navigator has already\nsubmitted amended procedures to PHMSA which reflect the amendments required by this Notice.\nThese amended procedures were reviewed and found to be adequate by PHMSA, therefore, no\nfurther action or response is required. If no additional response is received within 30 days of receipt\nof this Notice, this enforcement will be automatically closed.\nIt is requested (not mandated) that Navigator maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Bryan Lethcoe, Director, Southwest Region, Pipeline and\nHazardous Materials Safety Administration. Administration.\nIn correspondence concerning this matter, please refer to CPF 4-2024-051-NOA and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Vanessa Romero, EHS Regulatory Manager, Navigator Energy Services,\nvromero@nesmidstream.com\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n42024051NOA_Closure Letter_12132024_(24-297498)_text.pdf\n\nVIA ELECTRONIC MAIL TO: vrosa@nesmidstream.com\nDecember 13, 2024\nVidal Rosa\nExecutive Vice President of Operations\nNavigator Energy Services\n2807 Allen Street #833\nDallas, Texas 75204\nRE: CPF 4-2024-051-NOA\nDear Mr. Rosa:\nFrom March 4 to 8, March 11 to 14, and May 13 to 17, 2024 of the on-site inspection, a\nrepresentative from the Pipeline and Hazardous Materials Safety Administration (PHMSA),\npursuant to chapter 601 of 49 United States Code, conducted an on-site pipeline safety inspection\nof Navigator Borger Express’ (Navigator) procedures in Cleo Springs, Oklahoma. As a result of\nthe inspection, Navigator was issued a Notice of Amendment on October 30, 2024, which\nproposed amendment of your procedures.\nNavigator submitted its amended procedures on August 30, 2024. PHMSA reviewed the\namended procedures, and it appears that the inadequacy outlined in this Notice of Amendment\nhas been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Vanessa Romero, EHS/Regulatory Manager, vromero@nesmidstream.com","truncated":false,"body_characters":8090}