# RICHMOND, CITY OF — Warning Letter

- **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:** Not available
- **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.

Official case documents:

120170026W_Warning Letter_08102017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120170026W/120170026W_Warning%20Letter_08102017.pdf

120170026W_Warning Letter_08102017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120170026W/120170026W_Warning%20Letter_08102017_text.pdf

120170026W_Warning Letter_08102017_text.pdf

WARNING LETTER
OVERNIGHT EXPRESS DELIVERY
August 10, 2017
Mr. Robert Steidel
Director, City of Richmond
Department of Public Utilities
730 East Broad Street
Richmond, VA 23219
CPF 1-2017-0026W
Dear Mr. Steidel:
On January 19, 2017, an inspector from the Virginia State Corporation Commission (VA SCC),
acting as an Agent for the Pipeline and Hazardous Materials Safety Administration (PHMSA),
pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected operator qualification (OQ)
records during the City of Richmond’s (City) construction activities at Parker Steet and Darbytown
Road in Richmond, Virginia.
As a result of the inspection, it is alleged that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected
and the probable violation(s) are:
1. § 192.805 Qualification program.
Each operator shall have and follow a written qualification program. The program
shall include provisions to:
…
qualified;
(b) Ensure through evaluation that individuals performing covered tasks are
The City failed to ensure through evaluation that individuals performing covered tasks are
qualified.



CPF 1-2017-0026W
During the inspection on January 19, 2017, the VA SCC inspector observed an individual in the
possession of performance evaluation criteria and written test for the City’s Operator Qualification
Program Covered Task Evaluation CTS 2401 – Welding: Process. The VA SCC inspector
requested to review the individual’s OQ records. The records indicated that the individual’s OQ
for the City’s covered tasks CTS 2401- Welding and CTS 2405-Welding Miter Joints expired
December 29, 2016. Between December 30, 2016 and January 18, 2017, the period where the
individual’s operator qualification was expired, the individual performed 16 welds.
Therefore, the City failed to ensure that individuals performing covered tasks are qualified.
As of April 27, 2017, under 49 U.S.C. §60122 and 49 CFR §190.223, you are subject to a civil
penalty not to exceed $209,002 per violation per day the violation persists up to a maximum of
$2,090,022 for a related series of violations. We have reviewed the circumstances and supporting
documents involved in this case, and have decided not to conduct additional enforcement action
or penalty assessment proceedings at this time. We advise you to correct the item(s) identified in
this letter. Failure to do so will result in City of Richmond being subject to additional enforcement
action.
No reply to this letter is required. If you choose to reply, please submit all correspondence in this
matter to Robert Burrough, Acting Director, PHMSA Eastern Region, 820 Bear Tavern Road,
Suite 103, West Trenton, NJ 08628. Please refer to CPF 1- 2017-0026W on each document you
submit, and whenever possible provide a signed PDF copy in electronic format. Smaller files may
be emailed to robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the
original paper copy to the Eastern Region Office.
Be advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies for
confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must
provide a second copy of the document with the portions you believe qualify for confidential
treatment redacted and an explanation of why you believe the redacted information qualifies for
confidential treatment under 5 U.S.C. 552(b).
Sincerely,
Robert Burrough
Acting Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
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