Mr. George Rootes

President

Shell Pipeline, L.P.

Two Shell Plaza

P.O. Box 2648

Houston, Texas 77252

 

Re: CPF No. 4-2003-5008

 

Dear Mr. Rootes:

 

Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings of violation and assesses a civil penalty. I acknowledge receipt of and accept your wire transfer for $12,000 as payment in full of the civil penalty assessed in the Final Order. This case is now closed. Your receipt of 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

 

CERTIFIED MAIL RETURN RECEIPT REQUESTED

 

 


DEPARTMENT OF TRANSPORTATION

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

OFFICE OF PIPELINE SAFETY

WASHINGTON, DC 20590

 

______________________________

)

In the Matter of )

)

Shell Pipeline, L.P., ) CPF No. 4-2003-5008

)

Respondent )

______________________________)

 

 

FINAL ORDER

 

On April 8, 2003, in accordance with 49 C.F.R. 190.207, the Director, Southwest Region, Office of Pipeline Safety (OPS), issued to Respondent a Notice of Probable Violation and Proposed Civil Penalty (Notice). The Notice proposed finding that Respondent had violated

49 C.F.R. 195.402(a) and 199.105(b) and proposed assessing a civil penalty of $12,000 for the alleged violations. Respondent responded to the Notice by letter dated May 5, 2003. In the response, Respondent did not contest the allegations, agreed to pay the amount of the proposed civil penalty, and provided information concerning corrective actions it has taken. Respondent submitted a wire transfer in the amount of the proposed civil penalty ($12,000), waiving further right to respond and authorizing the entry of this Final Order.

 

Pursuant to 49 C.F.R. 190.213 and 49 U.S.C. 60122, I find that Respondent violated the following sections of 49 C.F.R. Parts 195 and 199, as more fully described in the Notice:

 

49 C.F.R. 195.402(a) failing to follow written procedures requiring the completion of a Work Authorization Permit; and

 

49 C.F.R. 199.105(b) failing to drug test no later than 32 hours after an accident, each employee involved in performing a task that resulted in the release of approximately 200 barrels of crude oil.

 

These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. Having reviewed the record and considered the assessment criteria, I assess Respondent a civil penalty of $12,000, already paid by Respondent. The terms and conditions of this Final Order are effective on receipt.

 

 

___________________________________ ____________________

Stacey Gerard Date Issued

Associate Administrator

for Pipeline Safety