{"operation":"document","citation":"CPF 42025028NOA","title":"NAVIGATOR PANHANDLE HOLDCO LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-05-29","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.402(c)(5), 195.417(a), 195.420(f), 195.452(b)(1), 195.452(c)(1)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42025028noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42025028noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42025028noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42025028NOA","body":"Notice of Amendment involving NAVIGATOR PANHANDLE HOLDCO LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.402(c)(5),  195.417(a),  195.420(f),  195.452(b)(1),  195.452(c)(1)(i). The case was opened on 2025-05-29 and is reported as closed as of 2025-11-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42025028NOA_Closure Letter_11042025_(23-266706).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42025028NOA/42025028NOA_Closure%20Letter_11042025_(23-266706).pdf\n\n42025028NOA_Closure Letter_11042025_(23-266706)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42025028NOA/42025028NOA_Closure%20Letter_11042025_(23-266706)_text.pdf\n\n42025028NOA_Notice of Amendment_05292025_(23-266706).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42025028NOA/42025028NOA_Notice%20of%20Amendment_05292025_(23-266706).pdf\n\n42025028NOA_Notice of Amendment_05292025_(23-266706)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42025028NOA/42025028NOA_Notice%20of%20Amendment_05292025_(23-266706)_text.pdf\n\n42025028NOA_Operator Response to Notice_06262025_(23-266706).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42025028NOA/42025028NOA_Operator%20Response%20to%20Notice_06262025_(23-266706).pdf\n\n42025028NOA_Notice of Amendment_05292025_(23-266706)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: vrosa@nesmidstream.com\nMay 29, 2025\nVidal Rosa\nSenior Vice President of Operations\nNavigator Energy Services\n2807 Allen Street, #833\nDallas, Texas 75204\nCPF 4-2025-028-NOA\nDear Mr. Rosa:\nFrom August 5 to September 18, 2023, of the on-site inspection, a representative of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.) inspected Navigator Panhandle Holdco, LLC's, and Navigator Ph Crossing\nLLC’s (together, Navigator) procedures for its crude oil pipeline assets in Dallas, Texas.\n1\nAs a result of the inspection, PHMSA has identified apparent inadequacies found within\nNavigator’s plans or procedures. The items inspected and the alleged inadequacies and proposed\nrevisions are described below:\n1. § 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the\nfollowing to provide safety during maintenance and normal\noperations:\n(1) . . . .\n(5) Investigating and analyzing pipeline accidents and failures,\nincluding sending the failed pipe, component, or equipment for\nlaboratory testing or examination where appropriate, to determine\nthe cause(s) and contributing factors of the failure and to minimize\nthe possibility of a recurrence.\n(i) Post-failure and -accident lessons learned. Each operator must\ndevelop, implement, and incorporate lessons learned from a post-\nfailure and accident review into its written procedures, including in\n1 Navigator Panhandle Holdco, LLC, and Navigator Ph Crossing, LLC, are subsidiaries of Navigator Energy\nServices.\n\n\n\npertinent operator personnel training and qualifications programs,\nand in design, construction, testing, maintenance, operations, and\nemergency procedure manuals and specifications.\n(ii) Analysis of rupture and valve shut-offs; preventive and mitigative\nmeasures. If a failure or accident on an onshore hazardous liquid or\ncarbon dioxide pipeline involves the closure of a rupture-mitigation\nvalve (RMV), as defined in § 195.2, or the closure of an alternative\nequivalent technology, the operator of the pipeline must also conduct\na post-failure or -accident analysis of all of the factors that may have\nimpacted the release volume and the consequences of the release, and\nidentify and implement operations and maintenance measures to\nminimize the consequences of a future failure or accident. The\nanalysis must include all relevant factors impacting the release\nvolume and the consequences, including, but not limited to, the\nfollowing:\n(A) Detection, identification, operational response, system shut-off,\nand emergency-response communications, based on the type and\nvolume of the release or failure event;\n(B) Appropriateness and effectiveness of procedures and pipeline\nsystems, including supervisory control and data acquisition (SCADA),\ncommunications, valve shut-off, and operator personnel;\n(C) Actual response time from identifying a rupture following a\nnotification of potential rupture, as defined at § 195.2, to initiation of\nmitigative actions and isolation of the segment, and the\nappropriateness and effectiveness of the mitigative actions taken;\n(D) Location and timeliness of actuation of all RMVs or\nalternative equivalent technologies; and\n(E) All other factors the operator deems appropriate.\n(iii) Rupture post-failure and accident summary. If a failure or\naccident on an onshore hazardous liquid or carbon dioxide pipeline\ninvolves the identification of a rupture following a notification of\npotential rupture; the closure of an RMV, as those terms are defined\nin § 195.2; or the closure of an alternative equivalent technology, the\noperator must complete a summary of the post-failure or -accident\nreview required by paragraph (c)(5)(ii) of this section within 90 days\nof the failure or accident. While the investigation is pending, the\noperator must conduct quarterly status reviews until the investigation\nis completed and a final post-failure or -accident review is prepared.\nThe final post-failure or -accident summary and all other reviews and\nanalyses produced under the requirements of this section must be\nreviewed, dated, and signed by the operator's appropriate senior\nexecutive officer. An operator must keep, for the useful life of the\npipeline, the final post-failure or -accident summary, all investigation\nand analysis documents used to prepare it, and records of lessons\nlearned.\n\n\n\nNavigator’s written procedures for conducting operations and maintenance activities were\ninadequate to provide for safe operation of a pipeline facility in accordance with § 195.402(c)(5).\nSpecifically, Navigator’s Liquid Operations Manual, P-195.402(c)(5)/(e)(9): Analyzing Pipeline\nAccidents (Effective Sept. 2023), failed to contain provisions for how Navigator will investigate\nand analyze pipeline accidents and failures, including developing, implementing, and\nincorporating post-failure and -accident lessons learned, performing an analysis of a rupture and\nvalve shut-offs, and create a rupture post-failure and accident summary, if applicable, in\naccordance with § 195.402(c)(5)(i) – (iii). Therefore, Navigator must revise its manual to include\nprocedures for carrying out all requirements of § 195.402(c)(5).\n2. § 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the\nfollowing to provide safety during maintenance and normal\noperations:\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§ 195.417 Notification of potential rupture.\n(a) As used in this part, a notification of potential rupture means\nthe notification to, or observation by, an operator (e.g., by or to its\ncontroller(s) in a control room, field personnel, nearby pipeline or\nutility personnel, the public, local responders, or public authorities) of\none or more of the below indicia of a potential unintentional or\nuncontrolled release of a large volume of hazardous liquids or carbon\ndioxide from a pipeline:\n(1) An unanticipated or unexplained pressure loss outside of the\npipeline's normal operating pressures, as defined in the operator's\nwritten procedures. The operator must establish in its written\nprocedures that an unanticipated or unplanned pressure loss is\noutside of the pipeline's normal operating pressures when there is a\npressure loss greater than 10 percent occurring within a time interval\nof 15 minutes or less, unless the operator has documented in its\nwritten procedures the operational need for a greater pressure-change\nthreshold due to pipeline flow dynamics (including changes in\noperating pressure, flow rate, or volume), that are caused by\nfluctuations in product demand, receipts, or deliveries;\n(2) An unanticipated or unexplained flow rate change, pressure\nchange, equipment function, or other pipeline instrumentation\nindication at the upstream or downstream station that may be\nrepresentative of an event meeting paragraph (a)(1) of this section; or\n\n\n\n(3) Any unanticipated or unexplained rapid release of a large\nvolume of hazardous liquid or carbon dioxide, a fire, or an explosion,\nin the immediate vicinity of the pipeline.\nNavigator’s written procedures for conducting operations and maintenance activities were\ninadequate to provide for safe operation of a pipeline facility in accordance with § 195.402(c)(3).\nFor example, a number of sections incorrectly reference paragraphs in § 195.417. Section 1.2.1 of\nNavigator’s procedure requires notifying the National Response Center (NRC) within the\ntimeframe specified in § 195.417(a); however, paragraph (a) does not state a specified timeframe.\nSection 1.2.2 of Navigator’s procedure requires notifying the OPS within the timeframe specified\nin § 195.417(b); however, paragraph (b) does not state a specified timeframe. Additionally,\nSection 1.3 of Navigator’s procedure requires retaining emergency response records for the\nduration specified in § 195.417(c); however, paragraph (c) does not state a specified duration for\nretaining emergency response records, and did not exist as of the effective date of the procedure.\nTherefore, Navigator must revise its manual of written procedures to accurately reflect the\nrequirements of § 195.417.\n3. § 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the\nfollowing to provide safety during maintenance and normal\noperations:\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\n§ 195.258(c), or an RMV or alternative equivalent technology installed\nin accordance with § 195.418, that is indicated to be inoperable or\nunable to 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 §\n195.18, that repairing or replacing a valve within 12 months would be\neconomically, technically, or operationally infeasible; and\n\n\n\n(2) Designate an alternative compliant valve within 7 calendar\ndays of the finding while repairs are being made and document an\ninterim response plan to maintain safety. Alternative compliant valves\nare not required to comply with valve spacing requirements of this\npart.\nNavigator’s written procedures for conducting operations and maintenance activities were\ninadequate to provide for safe operation of a pipeline facility in accordance with § 195.402(c)(3).\nSpecifically, Navigator’s Liquid Operations Manual failed to include procedures specifying the\nremedial measures required for rupture mitigation valves (RMVs) that are indicated to be\ninoperable or unable to maintain shut-off in accordance with §195.420(f). Therefore, Navigator\nmust revise its manual of written procedures to include procedures for remediating inoperable\nvalves or valves unable to maintain shut-off in accordance with the requirements of § 195.420(f).\n4. § 195.452 Pipeline integrity management in high consequence areas.\n(a) . . . .\n(b) What program and practices must operators use to manage pipeline\nintegrity? Each operator of a pipeline covered by this section must:\n(1) Develop a written integrity management program that addresses\nthe risks on each segment of pipeline in the first column of the following\ntable no later than the date in the second column: . . . .\n(c) What must be in the baseline assessment plan?\n(1) An operator must include each of the following elements in its\nwritten baseline assessment plan:\n(i) The methods selected to assess the integrity of the line pipe. An\noperator must assess the integrity of the line pipe by in-line inspection\ntool(s) described in paragraph (c)(1)(i)(A) of this section for the range of\nrelevant threats to the pipeline segment. If it is impracticable based upon\nthe construction of the pipeline (e.g., diameter changes, sharp bends, and\nelbows) or operational limits including operating pressure, low flow,\npipeline length, or availability of in-line inspection tool technology for the\npipe diameter, then the operator must use the appropriate method(s) in\nparagraphs (c)(1)(i)(B), (C), or (D) of this section for the range of relevant\nthreats to the pipeline segment. The methods an operator selects to assess\nlow-frequency electric resistance welded pipe, pipe with a seam factor less\nthan 1.0 as defined in § 195.106(e) or lap-welded pipe susceptible to\nlongitudinal seam failure, must be capable of assessing seam integrity,\ncracking, and of detecting corrosion and deformation anomalies.\nNavigator’s written integrity management program (IMP) is inadequate as it failed to require an\nassessment of the integrity of the line pipe by in-line inspection tools unless it is impractical in\naccordance with § 195.452(c)(1)(i). Specifically, Navigator’s Integrity Management Program\nManual: Hazardous Liquid Pipelines (Rev. Dec. 31, 2023), section 3.2.2 Baseline IAP states that\nNavigator continues to use hydrostatic pressure testing as its baseline integrity assessment method\nfor new and converted to service pipelines. Therefore, Navigator must update its IMP to require\nthe use of in-line inspection tools as its method of baseline integrity assessments in accordance\nwith § 195.452(c)(1)(i).\n\n\n\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\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document 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).\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. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 60 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be 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.\nIn correspondence concerning this matter, please refer to CPF 4-2025-028-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\n42025028NOA_Closure Letter_11042025_(23-266706)_text.pdf\n\nVIA ELECTRONIC MAIL TO: vrosa@nesmidstream.com\nNovember 4, 2025\nVidal Rosa\nSenior Vice President of Operations\nNavigator Energy Services\n2807 Allen Street, #833\nDallas, Texas 75204\nCPF 4-2025-028-NOA\nDear Mr. Rosa:\nFrom August 5 to September 18, 2023, of the on-site inspection, a representative of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.) inspected Navigator Panhandle Holdco, LLC's, and Navigator Ph Crossing\nLLC’s (together, Navigator) procedures for its crude oil pipeline assets in Dallas, Texas.1\nNavigator submitted its amended and supplementary procedures on August 28th, 2025, and\nOctober 9th, 2025 respectively. PHMSA staff reviewed these procedures, and it appears that the\ninadequacies outlined in this Notice of Amendment have been corrected.\nThis letter is to inform you that no further action is necessary, and this case is now closed. Thank\nyou for your cooperation.\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\n1 Navigator Panhandle Holdco, LLC, and Navigator Ph Crossing, LLC, are subsidiaries of Navigator Energy\nServices.","truncated":false,"body_characters":18405}