{"operation":"document","citation":"CPF 520042002","title":"PACIFIC OPERATORS OFFSHORE — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-03-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.17, 192.465(b), 192.467(c), 192.477, 192.481, 192.605(a), 192.605(b)(2), 192.614(c)(6)(ii), 192.615(a)(3)(iv), 192.615(c), 192.705(b), 192.707(a)(2), 192.709(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520042002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520042002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520042002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520042002","body":"Notice of Probable Violation involving PACIFIC OPERATORS OFFSHORE. PHMSA's enforcement data identifies the cited regulations as 191.17,  192.465(b),  192.467(c),  192.477,  192.481,  192.605(a),  192.605(b)(2),  192.614(c)(6)(ii),  192.615(a)(3)(iv),  192.615(c),  192.705(b),  192.707(a)(2),  192.709(a). The case was opened on 2004-03-12 and is reported as closed as of 2009-02-20. Proposed civil penalty: $22,500. Assessed civil penalty: $10,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520042002_Decision on Petition for Reconsideration_02052009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520042002/520042002_Decision%20on%20Petition%20for%20Reconsideration_02052009.pdf\n\n520042002_Decision on Petition for Reconsideration_02052009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520042002/520042002_Decision%20on%20Petition%20for%20Reconsideration_02052009_text.pdf\n\nCPF_NO_5-2004-2002.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520042002/CPF_NO_5-2004-2002.pdf\n\n520042002_Decision on Petition for Reconsideration_02052009_text.pdf\n\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\nMr. Robert P. Carone\nPresident\nPacific Operators Offshore, LLC\nP.O. Box 5565\nOxnard, California 93031\nRe: CPF No. 5-2004-2002\nDear Mr. Carone:\nEnclosed is the Decision on the Petition for Reconsideration in the above-referenced case. The\nAssociate Administrator for Pipeline Safety affirms the finding and civil penalty issued for\nviolation 1 of the February 6, 2007 Final Order. Therefore, the petition is denied, and payment\nof the full $10,000 is due within 20 days following receipt of this decision. Your receipt of this\ndecision constitutes service under 49 C.F.R. § 190.5.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Chris Hoidal, Director, Western Region\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nWASHINGTON, DC 20590\n____________________________________\n)\nIn the Matter of )\n)\nPacific Operators Offshore, LLC, ) CPF No. 5-2004-2002\n)\nPetitioner. )\n____________________________________)\nDECISION ON PETITION FOR RECONSIDERATION\nBACKGROUND\nOn February 6, 2007, pursuant to chapter 601, title 49 United States Code, the Acting Associate\nAdministrator for Pipeline Safety issued a Final Order in this case finding that Petitioner had\ncommitted violations of the hazardous liquid pipeline safety regulations and assessing a penalty\nin the amount of $10,000.\nOn February 21, 2007, Petitioner filed a petition for reconsideration of the Final Order.\nPetitioner seeks reconsideration of the $2000 civil penalty assessed for Item 1 of the Final Order.\nThe Notice of Probable Violation (“Notice”) alleged that Petitioner violated 49 C.F.R. § 191.7, a\nprovision which requires pipeline operators to submit a yearly report of incidents, safety related\nconditions, and annual pipeline summary data. The Notice alleged that Petitioner failed to file\nreports for years 2000, 2001, and 2002. The Notice proposed a $6,000 civil penalty for the\nviolation. In its Response to the Notice, Petitioner did not contest that it violated 49 C.F.R.\n191.7, nor did it offer any explanation for its failure to submit the reports. In the Final Order, the\nActing Associate Administrator found that the Petitioner had violated 49 C.F.R. § 191.17 and\nreduced the civil penalty for the violation from the proposed $6,000 to $2,000.\nIn its Petition for Reconsideration, Petitioner did not contest the Final Order’s finding that it\nviolated 49 C.F.R. § 191.7 when it failed to file annual reports for years 2000, 2001, and 2002.\nHowever, Petitioner requested “elimination, suspension, or further reduction of the revised civil\npenalty” because it was a violation “wherein no conceivable safety related issue has been placed\nat risk.” Petitioner further stated that its yearly filings have not changed since initial construction\nin 1969.\n\n\n\n2\nDISCUSSION\nThe operator is responsible for filing an annual report, even if the information has not changed\nfrom the previously-filed report. PHMSA cannot make any assumptions about the content of a\nreport an operator has failed to file. Data is central to PHMSA’s regulatory approach. 49 C.F.R.\nPart 191 ensures that PHMSA receives current information about pipeline infrastructure. When\na pipeline operator fails to submit an annual report, PHMSA, and state and local governments\nthat PHMSA shares information with, must rely on data that may be incomplete in conducting\nplanning activities and in compiling statistics and reports. The statistics and reports are critical\nfor assessing the state of our nation’s pipeline infrastructure.\n.\nAs noted above, the $2000 civil penalty assessed in the final order was significantly reduced\nfrom the $6000 civil penalty proposed in the Notice. Petitioner did not provide an additional\nbasis for further reduction.\nRelief Denied\nAccordingly, the petition for reconsideration is hereby denied. The civil penalty of $10,000\nassessed in the Final Order stands.\nAccordingly, payment of the civil penalty must be made within 20 days of service. Payment\nmay be made by sending a certified check or money order (containing the CPF Number for this\ncase) payable to “U.S. Department of Transportation” to the Federal Aviation Administration,\nMike Monroney Aeronautical Center, Financial Operations Division (AMZ-341), P.O. Box\n25082, Oklahoma City, OK 73125.\nFederal regulations (49 C.F.R. § 89.21(b)(3)) also permit this payment to be made by wire\ntransfer, through the Federal Reserve Communications System (Fedwire), to the account of the\nU.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire\ntransfers should be directed to: Financial Operations Division (AMZ-341), Federal Aviation\nAdministration, Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK\n73125; (405) 954-8893.\nThis decision on reconsideration is the final agency action in this proceeding.\n__________________________ __________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":6167}