{"operation":"document","citation":"CPF 520085042","title":"SFPP, LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-10-15","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.505(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085042.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085042.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085042","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520085042","body":"Notice of Probable Violation involving SFPP, LP. PHMSA's enforcement data identifies the cited regulation as 195.505(c). The case was opened on 2008-10-15 and is reported as closed as of 2010-03-04. Proposed civil penalty: $35,000. Assessed civil penalty: $35,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520085042_FinalOrder_03042010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085042/520085042_FinalOrder_03042010.pdf\n\n520085042_FinalOrder_03042010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085042/520085042_FinalOrder_03042010_text.pdf\n\n520085042_NOPV PCP_10152008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085042/520085042_NOPV%20PCP_10152008.pdf\n\n520085042_nopv pcp_10152008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085042/520085042_nopv%20pcp_10152008_text.pdf\n\n520085042_operator response_11192008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085042/520085042_operator%20response_11192008.pdf\n\n520085042_FinalOrder_03042010_text.pdf\n\nMAR 4, 2010\nMr. Richard D. Kinder\nChairman and Chief Executive Officer\nKinder Morgan Energy Partners, L.P.\nOne Allen Center\n500 Dallas Street, Suite 1000\nHouston, TX 77002\nRe: CPF No. 5-2008-5042\nDear Mr. Kinder:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and assesses a civil penalty of $35,000. This is to acknowledge receipt of your\npayment of the full penalty amount, by wire transfer, dated November 12, 2008. This\nenforcement action is now closed. Service of the Final Order by certified mail is deemed\neffective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, Director, Western Region, PHMSA\nMr. Ron McClain, Vice President, Engineering & Operations\nKinder Morgan Energy Partners, L.P.\n500 Dallas Street\nHouston, TX 77002\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2472 5149]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n______________________________\nIn the Matter of )\nKinder Morgan Energy Partners, ) CPF No. 5-2008-5042\nL.P., )\n)\n)\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nFrom May 12 to 16, 2008, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Kinder Morgan\nEnergy Partners, L.P. (Kinder Morgan or Respondent) in Fairfield, California, Sparks, Nevada,\nand Fallon, Nevada. The inspection covered portions of Kinder Morgan’s SFPP system, a\nhazardous liquid pipeline system that transports refined petroleum products through several\nwestern and southwestern states, including California, Nevada, Oregon, Arizona, and Texas.1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated October 15, 2008, a Notice of Probable Violation and Proposed Civil\nPenalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nKinder Morgan had violated 49 C.F.R. § 195.505(b)-(c) and proposed assessing a civil penalty of\n$ 35,000 for the alleged violation.\nRespondent responded to the Notice by letter dated (Response). Kinder Morgan did not contest\nthe allegations of violation and paid the proposed civil penalty of $ 35,000, as provided in 49\nC.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice to Respondent.\nFINDING OF VIOLATION\nIn its Response, Kinder Morgan did not contest the allegation in the Notice that it violated 49\nC.F.R. Part 195, as follows:\n1 http://www.kindermorgan.com/business/products_pipelines/sfpp.cfm.\n\n\n\n2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. §195.505(b)-(c), which states:\n§ 195.505 Qualification Program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a) . . .\n(b) Ensure through evaluation that individuals performing covered\ntasks are qualified;\n(c) Allow individuals that are not qualified pursuant to this subpart to\nperform a covered task if directed and observed by an individual that is\nqualified;\nThe Notice alleged that Kinder Morgan violated 49 C.F.R. § 195.505(b)-(c) by failing to ensure\nthat an individual performing a covered task was qualified or to require that another qualified\nindividual observe an unqualified individual performing a covered task. In particular, the Notice\nalleged that the aerial pilot performing inspections of Respondent’s pipeline right-of-way (ROW)\ndid so without proper qualifications from January to May 2008, i.e., even though the pilot’s\nqualification had expired on December 31, 2007, he continued to perform inspections on his own\nuntil the date of the OPS inspection.\nand stated that it had reviewed the status of the other pilots performing similar inspections to\nensure that their qualifications were still valid. Accordingly, based upon a review of all of the\nevidence, I find that Respondent violated 49 C.F.R. § 195.505(b)-(c) by failing to ensure that an\nindividual performing a covered task was qualified or having another qualified individual\nobserve that individual while performing a covered task.\n2 Kinder Morgan did not contest this allegation of violation\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nThe terms and conditions of this Final Order are effective upon receipt of service.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n2 The Notice indicates that Kinder Morgan qualified the individuals performing aerial inspections of the SFPP ROW\nshortly after the OPS inspection.","truncated":false,"body_characters":6099}