{"operation":"document","citation":"CPF 42024052NOPV","title":"NAVIGATOR BORGER EXPRESS LLC — Notice of Probable Violation","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 probable violation citing 195.262(d), 195.49.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024052nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024052nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024052nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42024052NOPV","body":"Notice of Probable Violation involving NAVIGATOR BORGER EXPRESS LLC. PHMSA's enforcement data identifies the cited regulations as 195.262(d),  195.49. The case was opened on 2024-10-30 and is reported as closed as of 2025-09-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42024052NOPV_Final Order_09262025_(24-297498).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024052NOPV/42024052NOPV_Final%20Order_09262025_(24-297498).pdf\n\n42024052NOPV_Final Order_09262025_(24-297498)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024052NOPV/42024052NOPV_Final%20Order_09262025_(24-297498)_text.pdf\n\n42024052NOPV_Operator Response to Notice_10302024_(24-297498).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024052NOPV/42024052NOPV_Operator%20Response%20to%20Notice_10302024_(24-297498).pdf\n\n42024052NOPV_PCO_10302024_(24-297498).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024052NOPV/42024052NOPV_PCO_10302024_(24-297498).pdf\n\n42024052NOPV_PCO_10302024_(24-297498)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024052NOPV/42024052NOPV_PCO_10302024_(24-297498)_text.pdf\n\n42024052NOPV_Final Order_09262025_(24-297498)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 26, 2025\nVIA MAIL TO: vrosa@nesmidstream.com\nVidal Rosa\nSenior Vice President of Operations\nNavigator Energy Services\n2807 Allen Street #883\nDallas, Texas 75204\nRe: CPF No. 4-2024-052-NOPV\nDear Mr. Rosa:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that the proposed actions to comply with the pipeline safety regulations have\nbeen completed. This case is now closed. Service of the Final Order by e-mail is effective upon\nthe date of transmission and acknowledgement of receipt as provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: Bryan Lethcoe, Director, Southwest Region, Office of Pipeline Safety, PHMSA\n\n\n\n2\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nNavigator Borger Express, LLC, ) CPF No. 4-2024-052-NOPV\nan affiliate of Navigator Energy Services,)\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn October 30, 2024 pursuant to 49 CFR § 190.207, the Director, Southwest Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Navigator Borger\nExpress, LLC (Respondent). The Notice proposed finding that Respondent had violated the\npipeline safety regulations in 49 CFR Part 195. The Notice also proposed certain measures to\ncorrect the violations. Respondent did not contest the allegations of violation or corrective\nmeasures.\nBased upon a review of all the evidence, pursuant to § 190.213, I find Respondent\nviolated the pipeline safety regulations listed below, as more fully described in the enclosed\nNotice, which is incorporated by reference:\n49 CFR § 195.262(d) (Item 1) ─ Respondent failed to install its onshore pumping\nequipment at least 15.2 m (50 ft) from the boundary of the pump station at its Canadian\nStation.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCompliance Actions\nThe Director has indicated that Respondent completed the actions proposed in the Notice to\ncorrect the violations. Therefore, it is not necessary to include the proposed compliance terms in\nthis Final Order.\n\n\n\n3\nWarning Item\nWith respect to Item 2, the Notice alleged probable violation of 49 CFR § 195.49 but did not\npropose a civil penalty or compliance order for this Item. Therefore, this is considered to be a\nwarning item. If OPS finds a violation of this provision in a subsequent inspection, Respondent\nmay be subject to future enforcement action.\nThe terms and conditions of this order are effective upon service in accordance with 49 CFR\n§ 190.5.\n_______________________________ ________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration 8701 S. Gessner, Suite 630\nHouston TX 77074\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED COMPLIANCE ORDER\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 4-2024-052-NOPV\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 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) crude oil pipeline system in Oklahoma and Texas.\nAs a result of the inspection, it is alleged that Navigator has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 195.262 Pumping equipment.\n(a) . . . .\n(d) Except for offshore pipelines, pumping equipment must be\ninstalled on property that is under the control of the operator and at\nleast 15.2 m (50 ft) from the boundary of the pump station.\nNavigator failed to install its onshore pumping equipment on property that is under the control of\nthe operator and at least 15.2 m (50 ft) from the boundary of the pump station in accordance with\n§ 195.262(d). Specifically, Navigator’s pumping equipment at its Canadian Station is\napproximately 24.617 feet from the western fence line that marks the boundary of the pump station.\n1 Navigator Borger Express, LLC, is an affiliate of Navigator Energy Services.\n\n\n\n2\nDuring the inspection, PHMSA inspectors observed that the distance from the pump at Navigator’s\nCanadian Station did not appear to be at least 50 feet from the nearby fence towards the west.\nPHMSA estimated the distance between the west fence line and the pumping equipment to be\napproximately 24.617 feet using PIMMA plus measurements.\n2. § 195.49 Annual report.\nEach operator must annually complete and submit DOT Form\nPHMSA F 7000-1.1 for each type of hazardous liquid pipeline facility\noperated at the end of the previous year. An operator must submit the\nannual report by June 15 each year, except that for the 2010 reporting\nyear the report must be submitted by August 15, 2011. A separate\nreport is required for crude oil, HVL (including anhydrous\nammonia), petroleum products, carbon dioxide pipelines, and fuel\ngrade ethanol pipelines. For each state a pipeline traverses, an\noperator must separately complete those sections on the form\nrequiring information to be reported for each state.\nNavigator failed to complete and submit annually DOT Form PHMSA F 7000-1.1 for each type\nof hazardous liquid pipeline facility operated at the end of the previous year in accordance with §\n195.49. Specifically, Navigator failed to accurately report the total mileage that could affect a\nHigh Consequence Area (HCA) for its Texas crude oil interstate pipeline for reporting years 2022\nand 2023 (submitted in 2023 and 2024, respectively). During the inspection, Navigator provided\nits HCA map for the Borger Express pipeline, which shows that the pipeline crosses areas that\ncould affect HCAs in Texas.\nTherefore, Navigator failed to accurately report its total mileage that could affect HCA in its DOT\nForm PHMSA F 7000-1.1 submitted for calendar years 2022 and 2023 in accordance with §\n195.49. The operator provided supplemental reports reflecting the correct HCA mileage for both\n2022 and 2023 on August 6, 2024.\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a\nrelated series of violations. For violation occurring on or after January 6, 2023 and before\nDecember 28, 2023, the maximum penalty may not exceed $257,664 per violation per day the\nviolation persists, up to a maximum of $2,576,627 for a related series of violations. For violation\noccurring on or after March 21, 2022 and before January 6, 2023, the maximum penalty may not\nexceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,412 for\na related series of violations. For violation 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 violation\noccurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may not\nexceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for\na related series of violations. For violation occurring on or after July 31, 2019 and before\n\n\n\n3\nJanuary 11, 2021, the maximum penalty may not exceed $218,647 per violation per day the\nviolation persists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to propose a civil penalty assessment at this time.\nProposed Compliance Order\nWith respect to Item 1 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials\nSafety Administration proposes to issue a Compliance Order to Navigator. Please refer to the\nProposed Compliance Order, which is enclosed and made a part of this Notice.\nWarning Item\nWith respect to Item 2 we have reviewed the circumstances and supporting documents involved\nin this case and have decided not to conduct additional enforcement action or penalty assessment\nproceedings at this time. We advise you to promptly correct this item. Failure to do so may\nresult in additional enforcement action.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators\nin Enforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be made publicly available. If\nyou believe that any portion of your responsive material qualifies for confidential treatment\nunder 5 U.S.C. §552(b), along with the complete original document you must provide a second\ncopy of the document with the portions you believe qualify for confidential treatment redacted\nand an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. § 552(b).\nFollowing your receipt of this Notice, you have 30 days to respond as described in the enclosed\nResponse Options. If you do not respond within 30 days of receipt of this Notice, this constitutes\na waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to\nyou and to issue a Final Order. If you are responding to this Notice, we propose that you submit\nyour correspondence to my office within 30 days from receipt of this Notice. The Region\nDirector may extend the period for responding upon a written request timely submitted\ndemonstrating good cause for an extension.\nIn your correspondence on this matter, please refer to CPF 4-2024-052-NOPV and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\n\n\n\n4\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\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\n\n\n\n5\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Navigator Borger Express, LLC, a Compliance\nOrder incorporating the following remedial requirements to ensure the compliance of Navigator\nBorger Express, LLC, with the pipeline safety regulations:\nA. Regarding Item 1 of the Notice pertaining to Navigator’s failure to have its\npumping equipment at the Canadian Station pump at least 15.2 m (50 ft) away\nfrom the boundary of the pump station, Navigator must modify the fencing so that\nthe pumping equipment is at least 15.2 m (50 ft) from the boundary of the pump\nstation. Navigator must provide records showing that there is at least 15.2 m (50\nft) between the pumping equipment and the boundary of the pump station on all\nsides of the pumping equipment to the Director, Southwest Region, PHMSA,\nwithin 60 days of receipt of the Final Order.\nB. It is requested (not mandated) that Navigator maintain documentation of the\nsafety improvement costs associated with fulfilling this Compliance Order and\nsubmit the total to Bryan Lethcoe, Director, Southwest Region, Pipeline and\nHazardous Materials Safety Administration. It is requested that these costs be\nreported in two categories: 1) total cost associated with preparation/revision of\nplans, procedures, studies and analyses, and 2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.","truncated":false,"body_characters":13832}