# NORFOLK SOUTHERN RAILWAY-BROSNAN YARD PIPELINE — Notice of Probable Violation

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

Official case documents:

220056018_Final Order_07262006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220056018/220056018_Final%20Order_07262006.pdf

CPF_NO_2-2005-6018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220056018/CPF_NO_2-2005-6018.pdf

220056018_Final Order_07262006.pdf

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety Administration
400 Seventh Street, S.W.
Washington, D.C. 20590
JUL 2 6 2GO6
Mr. Steve McWhorter
Assistant Manager, Electrical Engineering & System
Norfolk Southern Corporation
1200 Peachtree Street, N.E. (Box: 184)
Atlanta, GA 30309
RE: CPF NO. 2-2005-601 8
Dear Mr. McWhorter:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes a finding of violation and assesses a civil penalty of $5,000. I
acknowledge receipt of, and accept Norfolk Southern Corporation's payment dated November 14,
2005, in the amount of $5,000 as payment in full of the civil penalty assessed in the Final Order.
This case is now closed. This enforcement action closes automatically upon payment. Your receipt
of the Final Order constitutes service of that document under 49 C.F.R. 5 190.5.
Sincerely,
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
cc: Ms. Linda Daugherty, Director, OPS Southern Region
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
In the Matter of )
1
Norfolk Southern Corporation, 1 CPF No. 2-2005-6018
Respondent.
FINAL ORDER
Between April 13-15, 2005, pursuant to 49 U.S.C. 5 601 17, representatives of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), Southern
Region conducted an on-site pipeline safety inspection of Respondent's Brosnan Yard pipeline
facilities and records in Macon, Georgia. As a result of the inspection, the Director, Southern
Region, OPS, issued to Respondent, by letter dated October 20,2005, aNotice of Probable Violation
and Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. 5 190.207, the Notice proposed
finding that Respondent violated 49 C.F.R. 4 195.420 and proposed assessing a civil penalty of
$5,000 for the alleged violation.
Respondent failed to respond within 30 days after it had received the Notice. Respondent's failure
to respond constitutes a waiver of Respondent's right to contest the allegations in the Notice and
authorizes the entry of this Final Order..
FINDINGS OF VIOLATION
Uncontested
Respondent did not contest the alleged violation of 5 195.420(b) in the Notice. Accordingly, I
find that Respondent violated 49 C.F.R. Part 195, as more fully described in the Notice:
49 C.F.R. 5 195.420(b)--failure to inspect each mainline valve to determine that it
is functioning properly at intervals not exceeding 7% months, but at least twice
each calendar year. Respondent only inspected its five (5) main line valves during
calendar years 2003 and 2004.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.



ASSESSMENT OF PENALTY
Under 49 U.S.C. 5 60122, Respondent is subject to a civil penalty not to exceed $100,000 per
violation for each day of the violation up to a maximum of $1,000,000 for any related series of
violations. The Notice proposed a $5,000 civil penalty for violation of 49 C.F.R. 5 195.420(b).
49 U.S.C. 5 60122 and 49 C.F.R. 5 190.225 require that, in determining the amount of the civil
penalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree
of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the
penalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's
ability to continue in business, and such other matters as justice may require.
Item 2 of the Notice proposed a civil penalty of $5,000, as Respondent failed to inspect its five (5)
mainline valves to determine that they are functioning properly at intervals not exceeding 7%
months, but at least twice each calendar year. Respondent only inspected its five (5) main line valves
during calendar years 2003 and 2004. Respondent did not contest the allegation of violation.
Accordingly, having reviewed the record and considered the assessment criteria, I assess Respondent
a civil penalty of $5,000, already paid by Respondent.
WARNING ITEMS
The Notice did not propose a civil penalty or compliance action for Items 1,3, and 4 in the Notice;
therefore, these are considered warning items. Respondent is warned that if it does not take
appropriate action to correct these items, enforcement action will be taken if a subsequent inspection
reveals a violation.
The terms and conditions of this Final Order are effective on receipt.
JUL 2 6 2006
Date Issued
- **truncated:** false
- **body characters:** 5386