{"operation":"document","citation":"CPF 120170026W","title":"RICHMOND, CITY OF — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-08-10","effective_on":null,"summary":"CLOSED warning letter citing 192.805(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120170026w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120170026w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120170026w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120170026W","body":"Warning Letter involving RICHMOND, CITY OF. PHMSA's enforcement data identifies the cited regulation as 192.805(b). The case was opened on 2017-08-10 and is reported as closed as of 2017-08-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120170026W_Warning Letter_08102017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120170026W/120170026W_Warning%20Letter_08102017.pdf\n\n120170026W_Warning Letter_08102017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120170026W/120170026W_Warning%20Letter_08102017_text.pdf\n\n120170026W_Warning Letter_08102017_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nAugust 10, 2017\nMr. Robert Steidel\nDirector, City of Richmond\nDepartment of Public Utilities\n730 East Broad Street\nRichmond, VA 23219\nCPF 1-2017-0026W\nDear Mr. Steidel:\nOn January 19, 2017, an inspector from the Virginia State Corporation Commission (VA SCC),\nacting as an Agent for the Pipeline and Hazardous Materials Safety Administration (PHMSA),\npursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected operator qualification (OQ)\nrecords during the City of Richmond’s (City) construction activities at Parker Steet and Darbytown\nRoad in Richmond, Virginia.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation(s) are:\n1. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n…\nqualified;\n(b) Ensure through evaluation that individuals performing covered tasks are\nThe City failed to ensure through evaluation that individuals performing covered tasks are\nqualified.\n\n\n\nCPF 1-2017-0026W\nDuring the inspection on January 19, 2017, the VA SCC inspector observed an individual in the\npossession of performance evaluation criteria and written test for the City’s Operator Qualification\nProgram Covered Task Evaluation CTS 2401 – Welding: Process. The VA SCC inspector\nrequested to review the individual’s OQ records. The records indicated that the individual’s OQ\nfor the City’s covered tasks CTS 2401- Welding and CTS 2405-Welding Miter Joints expired\nDecember 29, 2016. Between December 30, 2016 and January 18, 2017, the period where the\nindividual’s operator qualification was expired, the individual performed 16 welds.\nTherefore, the City failed to ensure that individuals performing covered tasks are qualified.\nAs of April 27, 2017, under 49 U.S.C. §60122 and 49 CFR §190.223, you are subject to a civil\npenalty not to exceed $209,002 per violation per day the violation persists up to a maximum of\n$2,090,022 for a related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the item(s) identified in\nthis letter. Failure to do so will result in City of Richmond being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Acting Director, PHMSA Eastern Region, 820 Bear Tavern Road,\nSuite 103, West Trenton, NJ 08628. Please refer to CPF 1- 2017-0026W on each document you\nsubmit, and whenever possible provide a signed PDF copy in electronic format. Smaller files may\nbe emailed to robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the\noriginal paper copy to the Eastern Region Office.\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120170026W_Warning Letter_08102017_text Page 2 of 2","truncated":false,"body_characters":4381}