{"operation":"document","citation":"CPF 220023001","title":"SOURCEGAS ARKANSAS INC. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-02-14","effective_on":null,"summary":"CLOSED notice of probable violation citing 193.2503, 193.2605(a), 193.2619(c)(2), 193.2713(a)(2)(ii), 193.2719(a)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220023001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220023001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220023001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220023001","body":"Notice of Probable Violation involving SOURCEGAS ARKANSAS INC.. PHMSA's enforcement data identifies the cited regulations as 193,  193.2503,  193.2605(a),  193.2619(c)(2),  193.2713(a)(2)(ii),  193.2719(a)(2). The case was opened on 2002-02-14 and is reported as closed as of 2002-12-19. Proposed civil penalty: $6,000. Assessed civil penalty: $6,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220023001_Final Order_12032002.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220023001/220023001_Final%20Order_12032002.pdf\n\n220023001_Final Order_12032002.pdf\n\nU.S Deoortrnent\nof Tronsponotion\nReseorshqnd\nSpeelolDrrg;crns Adrninlsfrcllon\n400 Sevenlh Sfeel, S.W\nWashington. D.C 20590\nDEC - 3 l;11;\nMr. Charles Stevens\nVice President Transmission Operations\nArkansas Western Gas Company\n1001 Sain Street\nFayetteville, AR 72703\nRe: CPFNo.2-2002-3001\nDear Mr. Stevens:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes findings ofviolation and assesses a civil penalty of$6,000. The\npenalty payment terms are set forth in the Final Order. This enforcement action closes automatically\nupon payment. Your receipt ofthe Final Order constitutes service of that document under 49 C.F.R.\n$ l eO.s.\nSincerely,\nGwendolvn M.\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nArkansas Westem Gas Company,\nRespondent.\nCPF No. 2-2002-3001\nFINAL ORDER\nOn November l3 through 15, 2001, pursuant to 49 U.S.C. $ 60117, a representative of the Office\nofPipeline Safety (OPS) conducted an on-site pipeline safety inspection ofRespondent's facilities\nand records near Blytheville, Arkansas. As a result ofthe inspection, the Director, Southem Region,\nOPS, issued to Respondent, by letter dated February 14,2002, a Notice of Probable Violation and\nProposed Civil Penalty (Notice). In accordance with 49 C.F.R. $ 190.207, the Notice proposed\nfinding that Respondent had committed violations of 49 C.F.R. Part 193 and proposed assessing a\ncivil penalty of $6,000 for the alleged violations.\nRespondent responded to the Notice by letter dated March 7, 2002 (Response). Respondent did not\ncontest the allegations of violation but provided information conceming the corrective actions it has\ntaken and requested mitigation of the proposed civil penalty. Respondent did not request a hearing;\nconsequently, Respondent waived its right to one.\nFINDINGS OF VIOT,ATION\nUncontested ltem\nRespondent did not contest the alleged violation of Item 3b in the Notice. Accordingly, I find that\nRespondent violated the following section of 49 C.F.R. Part 193, as more fully described in the\nNotice:\n49 C.F.R. $ 193.2619 -- failing to inspect and test control systems intended for fire protection at\nregular intervals not to exceed 6 months. Respondent exceeded the 6 month interval by 2 months\nand 23 days.\nThis frnding ofviolation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. $ 60122, Respondent is subject to a civil penalty not to exceed $25,000 per\nviolation for each day of the violation up to a maximum of $500,000 for any related series of\nviolations.\n49 U.S.C. S 60122 and 49 C.F.R. $ 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require.\nIn response to Item 3b, Respondent requested reduction or elimination of the proposed $6,000 civil\npenalty for violation of 49 C.F.R. $ 193.2619(c)(2). Although Respondent agrees that the 6 month\nmaximum time interval between fire protection control system tests had been exceed, Respondent\ncontends that the system was \"found to be in good working order\" when tested, has historically\nperformed normally during testing, and no risk to persons or property actually existed, and thus, the\n$6000 penalty should be eliminated or reduced.\nThe fact that no risk to person or property 4ctually existed is not a basis for reduction ofthe penalty.\nIt is altogether possible that the late testing would have shown that a risk did exist. The purpose of\n$ 193.2619(c)(2) is to ensure that fire control systems will be fully functional and effective in the\nevent that a fire does occw. Where testing is not performed at regular intervals, as was the case here,\nthere is no way to verifr that fue control systems will function adequately. While eventual testing\nrevealed that the fire control systems were adequately frrnctional, there was no way outside of actual\ntesting of the system to determine whether the fire control system would work. Demonstrating the\nhistorical functionality ofthe fire control system assures neither Respondent nor OPS that the system\nis currently functional. Testing ofthe system occurred 2 months and 23 days past the expiration of\nthe 6 month interval, in violation of $ 193.2619(c)(2). Accordingly, having reviewed the record and\nconsidered the assessment criteria, I assess Respondent a civil penalty of$6,000.\nPayment of the civil penalty must be made within 20 days of service. Payment can be made by\nsending a certified check or money order (containing CPF No. 2-2002-3001) payable to \"U.S.\nDepartmentofTransportation\" to the Federal Aviation Administration, Mike MonroneyAeronautical\nCenter, Financial Operations Division (ANIZ-320),P.O. Box 25770, Oklahoma City, OK 73125'\nFederal regulations (49 C.F.R $ 89.21(bX3)) also permit this payment to be made by wire transfer,\nthroughthe Federal Reserve Communications System (Fedwire), to the accountoftheU.S. Treasury.\nDetailed instructions are contained in the enclosure, After completing the wire transfer, send a copy\nof the electronic funds transfer receipt to the Office of the Chief Counsel (DCC- I ), Research and\nSpecial Programs Administration, Room 8407, U.S. Department of Transportation, 400 Seventh\nStreet, SW, Washington, DC 20590-0001.\n\n\n\nJ\nQuestions concerning wire transfers should be directed to: Financial Operations Division (AMZ-\n120), Federal Aviation Administration, Mike Monroney Aeronautical Center, P.O. Box 25770,\nOklahoma City, OK 73125; (405) 954-47t9.\nFailure to pay the $6,000 civil penalty will result in accrual of interest at the current annual rate in\naccordance with 31 U.S.C. 53717,31 C.F.R. $ 901.9 and 49 c.F.R. $ 89.23. Pursuant to those same\nauthorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not\nmade within 110 days of service. Furthermore, failure to pay the civil penalty may result in refenal\nof the matter to the Attomey General for appropriate action in an United States District Court.\nWARNINGITEMS\nThe Notice did not propose a civil penalty or corrective action for Items 1,2,3a,4 and 5, but warned\nRespondent that it should take appropriate conective action to correct the items. Respondent\npresented information in its response showing that it has addressed the cited items. Respondent is\nagain warned that if OPS finds a violation in a subsequent inspection, enforcement action will be\ntaken.\nItem I in the Notice alleges that Respondent failed to follow its manual ofwritten procedures for fire\nprevention (49 C.F.R. $ 193.2503).\nItem 2 in the Notice alleges that Respondent failed to perform electric and diesel fire water pump\nstart-up testing on a monthly basis, in accordance with 49 C.F.R. $ 193.2605.\nItem 3a in the Notice alleges that Respondent failed to timely inspects its alam and fire detections\ncontrol systems, exceeding the 6 month interval by 25 days (49 C.F.R. g 193.2619(c)).\nItem 4 in the Notice alleges that Respondent failed to provide a written initial training plan for\noperation and maintenance instruction of applicable new personnel (49 c.F.R. $ 193.2713).\nItem 5 in the Notice alleges that Respondent failed to keep a system of records showing that\npersonnel have undergone and satisfactorily completed continuing instruction in operations and\nmaintenance for the years 1999, 2000, and 2001 through November 14, 2001. Respondent also\nfailed to keep records of continuing instnrction in plant security for the years I 999 and 2000\n(49 C.F.R. $ 193.2719).\nUnder 49 C.F.R. $ 190.215, Respondent has a right to petition for reconsideration of this Final\nOtder. However, upon payment of the civil penalty, the case closes automatically and Respondent\nwaives the right to petition for reconsideration. The filing of the petition automatically stays the\n\n\n\n4\npayment ofany civil penalty assessed. The petition must be received within 20 days ofRespondent's\nreceipt of this Final Order and must contain a brief statement of the issue(s). The terms and\nconditions ofthis Final Order are effective on receipt.\nliLr.: 3 I ll)?\nDate Issued\nStacey Gerard\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9319}