{"operation":"document","citation":"CPF 220056018","title":"NORFOLK SOUTHERN RAILWAY-BROSNAN YARD PIPELINE — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-10-20","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.420(b), 195.573, 195.575(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220056018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220056018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220056018","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220056018","body":"Notice of Probable Violation involving NORFOLK SOUTHERN RAILWAY-BROSNAN YARD PIPELINE. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.420(b),  195.573,  195.575(a). The case was opened on 2005-10-20 and is reported as closed as of 2006-07-26. Proposed civil penalty: $5,000. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220056018_Final Order_07262006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220056018/220056018_Final%20Order_07262006.pdf\n\nCPF_NO_2-2005-6018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220056018/CPF_NO_2-2005-6018.pdf\n\n220056018_Final Order_07262006.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nJUL 2 6 2GO6\nMr. Steve McWhorter\nAssistant Manager, Electrical Engineering & System\nNorfolk Southern Corporation\n1200 Peachtree Street, N.E. (Box: 184)\nAtlanta, GA 30309\nRE: CPF NO. 2-2005-601 8\nDear Mr. McWhorter:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation and assesses a civil penalty of $5,000. I\nacknowledge receipt of, and accept Norfolk Southern Corporation's payment dated November 14,\n2005, in the amount of $5,000 as payment in full of the civil penalty assessed in the Final Order.\nThis case is now closed. This enforcement action closes automatically upon payment. Your receipt\nof the Final Order constitutes service of that document under 49 C.F.R. 5 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Ms. Linda Daugherty, Director, OPS Southern Region\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\n1\nNorfolk Southern Corporation, 1 CPF No. 2-2005-6018\nRespondent.\nFINAL ORDER\nBetween April 13-15, 2005, pursuant to 49 U.S.C. 5 601 17, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), Southern\nRegion conducted an on-site pipeline safety inspection of Respondent's Brosnan Yard pipeline\nfacilities and records in Macon, Georgia. As a result of the inspection, the Director, Southern\nRegion, OPS, issued to Respondent, by letter dated October 20,2005, aNotice of Probable Violation\nand Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. 5 190.207, the Notice proposed\nfinding that Respondent violated 49 C.F.R. 4 195.420 and proposed assessing a civil penalty of\n$5,000 for the alleged violation.\nRespondent failed to respond within 30 days after it had received the Notice. Respondent's failure\nto respond constitutes a waiver of Respondent's right to contest the allegations in the Notice and\nauthorizes the entry of this Final Order..\nFINDINGS OF VIOLATION\nUncontested\nRespondent did not contest the alleged violation of 5 195.420(b) in the Notice. Accordingly, I\nfind that Respondent violated 49 C.F.R. Part 195, as more fully described in the Notice:\n49 C.F.R. 5 195.420(b)--failure to inspect each mainline valve to determine that it\nis functioning properly at intervals not exceeding 7% months, but at least twice\neach calendar year. Respondent only inspected its five (5) main line valves during\ncalendar years 2003 and 2004.\nThis finding of violation 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. 5 60122, Respondent is subject to a civil penalty not to exceed $100,000 per\nviolation for each day of the violation up to a maximum of $1,000,000 for any related series of\nviolations. The Notice proposed a $5,000 civil penalty for violation of 49 C.F.R. 5 195.420(b).\n49 U.S.C. 5 60122 and 49 C.F.R. 5 190.225 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.\nItem 2 of the Notice proposed a civil penalty of $5,000, as Respondent failed to inspect its five (5)\nmainline valves to determine that they are functioning properly at intervals not exceeding 7%\nmonths, but at least twice each calendar year. Respondent only inspected its five (5) main line valves\nduring calendar years 2003 and 2004. Respondent did not contest the allegation of violation.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess Respondent\na civil penalty of $5,000, already paid by Respondent.\nWARNING ITEMS\nThe Notice did not propose a civil penalty or compliance action for Items 1,3, and 4 in the Notice;\ntherefore, these are considered warning items. Respondent is warned that if it does not take\nappropriate action to correct these items, enforcement action will be taken if a subsequent inspection\nreveals a violation.\nThe terms and conditions of this Final Order are effective on receipt.\nJUL 2 6 2006\nDate Issued","truncated":false,"body_characters":5386}