This is the background image for an unknown creator of an OCR page with image plus hidden text. 400 Seventh Street, S.W. U.S. Department Washington, D.C. 20590 of Transportation Pipeline and Hazardous Materials Safety Administration #DV 29 a005 Mr. Keith D. Osborn Executive Vice President and Refinery General Manager Coffeyville Resources Crude Transportation, LLC P.O. Box 570 Coffeyville, KS 67337 Re: CPF No. 3-2003-501 5 Dear Mr. Osborn: Enclosed is an Amendment to the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It removes any reference to Coffeyville Resources Crude Transportation, LLC (CRCT) as a Respondent on the grounds that all actions required by the Order to comply with the pipeline safety regulations have been completed rendering the Final Order moot as to CRCT. The case is now closed. The decision on the petition for reconsideration you filed in connection with this case is being issued simultaneously with this Amendment to the Final Order. Your receipt of this Amendment to the Final Order constitutes service of that document under 49 C.F.R. $ 190.5. Sincerely, James Reynolds Pipeline Compliance Registry Office of Pipeline Safety Enclosure cc: Melissa Anne Heme, Esq. DLA Piper Rudnick Gray Cary US LLP The Marbury Building 6225 Smith Avenue Baltimore, MD 21209-3600 CERTIFIED MAIL -RETURN RECEIPT REQUESTED This is the background image for an unknown creator of an OCR page with image plus hidden text. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 In the Matter of 1 Farmland Industries, 1 1 CPF NO. 3-2003-5015 Respondent. 1 1 AMENDMENT TO THE FINAL ORDER Based on information demonstrating that all actions required by this Order to comply with the pipeline safety regulations have been completed, I find that the Order is moot as to Coffeyville Resources Crude Transportation, LLC (CRCT) and remove any reference to CRCT as a Respondent.' Accordingly, pursuant to 49 U.S.C. 601 12, I hereby amend the above caption and amend body of this Final Order to read as follows: On March 3-6,2003, pursuant to 49 U.S.C. $601 17, representatives of the Office of Pipeline Safety (OPS) conducted an on-site pipeline safety inspection in Bartlesville, Oklahoma of the operations and maintenance procedures for certain hazardous liquid pipeline facilities located in the areas of Coffeyville and Wichita, Kansas then operated by Farmland Industries (Respondent). As a result of the inspection, the Director, Central Region, OPS, by letter dated May 27,2003, issued to Farmland Industries a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. 5 190.207, the Notice proposed finding that Farmland Industries had committed violations of 49 C.F.R. Part 195 by failing to adequately establish and follow written procedures for operations, maintenance, and emergencies. The Notice also proposed that Farmland Industries take certain measures to correct the alleged violations. By letter dated June 27,2003, Farmland Industries initially responded to the Notice. In its response, Farmland acknowledged inadequacies in the written procedures and proposed a time schedule for revising its procedural manual to address the inadequacies. On November 19,2003, OPS received the revised procedural manual and reviewed it to determine whether all of the inadequacies cited in the Notice were addressed. By letter dated February 3,2004, the Director, Central Region, OPS, informed Farmland's Vice President of Petroleum Operations that after reviewing the revised manual, the Director had determined that the revisions did not address all In a separate document, a decision on the petition for reconsideration filed by CRCT in connection with this case was issued simultaneously with this Amendment to the Final Order. This is the background image for an unknown creator of an OCR page with image plus hidden text. of the inadequacies cited in the Notice, and that some of these revisions had introduced additional inadequacies. Respondent did not request a hearing, and therefore waived its right to one. On March 3,2004, CRCT succeeded Farmland Industries as the operator of the subject pipeline facilities. By letter dated October 28,2004, further responsive materials were submitted including a binder containing a further revised operations and maintenance manual and a time schedule for conducting the employee training associated with implementing the revised manual. FINDINGS OF VIOLATION In its responses, Respondent did not contest the alleged violations in the Notice. Accordingly, I find that Respondent violated the following sections of 49 C.F.R. Part 195, as more fully described in the Notice: 49 C.F.R. 5 195.402(a)-failing to adequately prepare and follow a manual of written procedures for conducting normal operations and maintenance activities and handling abnormal operations and emergencies in accordance with the applicable requirements; 49 C.F.R. 5 195.402(c)-failing to include procedures for conducting pipeline maintenance and repairs in accordance with the applicable requirements. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. COMPLIANCE ORDER The Notice proposed a Compliance Order with respect to the above referenced violations of $5 195.402(a) and 195.402(c). Under 49 U.S.C. 5 601 18(a), each person who engages in the transportation of hazardous liquids or who owns or operates a pipeline facility is required to comply with the applicable safety standards established under Chapter 601. The Regional Director has indicated that Respondent has completed all of the actions specified in the proposed Compliance Order. Accordingly, since compliance has been achieved with respect to these violations, it is unnecessary to require Respondent to take further actions in this Order. The terms and conditions of this Final Order, as amended, are effective on receipt. This case is closed. A )oV 29 2905 Date Issued: