{"operation":"document","citation":"CPF 220056027","title":"KEY WEST PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-09-21","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.505(b), 195.509(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220056027.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220056027.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220056027","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220056027","body":"Notice of Probable Violation involving KEY WEST PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.505(b),  195.509(b). The case was opened on 2005-09-21 and is reported as closed as of 2006-09-19. Proposed civil penalty: $11,000. Assessed civil penalty: $4,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220056027_Decision on Petition_09012006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220056027/220056027_Decision%20on%20Petition_09012006.pdf\n\n220056027_Decision on Petition_09012006.pdf\n\nU.S. Department 400 Seventh Street, S.W.\nof Transportation Washington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety Administration\nSEP - 1 2Ncj\nMr. Mark S. Rauch\nPresident\nPipeline & Terminal Management Corp.\nP.O. Box 27041 5\nHouston, TX 77277-04 1 5\nRe: CPF No. 2-2005-6027\nDear Mr. Rauch:\nEnclosed is the decision on the petition for reconsideration filed in the above-referenced case.\nFor the reasons discussed therein, the Associate Administrator for Pipeline Safety has denied\nyour petition and therefore, payment of the $4,000 civil penalty is due immediately. Your\nreceipt of the decision constitutes service under 49 C.F.R. 5 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL -RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of )\n)\nPipeline & Terminal Management Corp. /\nKey West Pipeline Company,\n)\n)\n1\nPetitioner )\n)\nCPF No. 2-2005-6027\nDECISION ON PETITION FOR RECONSIDERATION\nOn April 13, 2006, pursuant to 49 U.S.C. 5 601 12, the Associate Administrator for Pipeline\nSafety, Pipeline and Hazardous Materials Safety Administration (PHMSA), issued a Final Order\nin this case finding Petitioner violated the pipeline safety regulations and assessed a civil penalty\nin the amount of $4,000.\nOn April 28,2006, Petitioner filed a petition for reconsideration pursuant to 49 C.F.R. 5 190.215.\nPetitioner sought reconsideration of the finding in the Final Order that it violated 49 C.F.R.\n5 195.509(b) by failing to complete qualifications for two individuals who were performing a\ncovered task. Petitioner's primary argument for reconsideration is that the evidence submitted in\nresponse to the Notice of Probable Violation and during the hearing shows that Petitioner did, in\nfact, complete the qualifications pursuant to 5 195.509(b).\nThe evidence in the record submitted by Petitioner includes oral testimony, an affidavit, and a\nletter from General Physics Corporation. During the hearing on January 17, 2006, Petitioner's\nPresident testified that he personally qualified the two individuals in accordance with\n5 195.509(b). Petitioner then submitted an affidavit dated January 19, 2006, signed by the\nPresident restating his testimony. The final piece of evidence was a letter dated October 21,\n2005, from the organization that had developed Petitioner's operator qualification plan, stating\nthat Work History Qualification forms for the covered task \"did not print out of the database with\nthe other covered tasks.\"'\nAt no point during the enforcement proceeding did Petitioner produce records of any evaluations\nthat took place to qualify the individuals pursuant to 5 195.509(b). The oral testimony and\naffidavit were insufficient documentation of the evaluations, and the letter concerning the\nprinting error does not excuse Petitioner's failure to have records of the evaluations.\n1\nPetition for Partial Reconsideration, April 28,2002, Exhibit A.\n\n\n\nPetitioner argued, however, that a failure to have records does not constitute a violation of\n5 195.509(b).~ To the contrary, Petitioner is obligated by the pipeline safety laws and operator\nqualification regulations to keep documentation of qualifications. The operator qualification\nregulations require Petitioner to qualify individuals using an evaluation process that is\n\"documented by the operator\" to determine individuals' abilities to perform covered tasks.3\nSection 195.507 also requires Petitioner to maintain records that demonstrate compliance with\n5 195.509. Moreover, the Federal pipeline safety statute at 49 U.S.C. 5 601 17(b) requires\nPetitioner to keep records that are necessary for PHMSA to verify compliance with each pipeline\nsafety regulation applicable to Petitioner's pipeline system.\nPetitioner has not presented information that warrants modifying the Final Order issued in this\ncase. Accordingly, the relief sought in the petition for reconsideration is denied.\nPayment of the $4,000 civil penalty must be made within 20 days of service of this Decision on\nPetition for Reconsideration. Payment may be made by sending a certified check or money order\n(containing the CPF Number for this case) payable to \"U.S. Department of Transportation\" to the\nFederal Aviation Administration, Mike Monroney Aeronautical Center, Financial Operations\nDivision (AMZ-300), P.O. Box 25082, Oklahoma City, OK 73 125.\nFederal regulations (49 C.F.R. 5 89.21(b)(3)) also permit this payment to be made by wire\ntransfer, through the Federal Reserve Communications System (Fedwire), to the account of the\nU.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire\ntransfers should be directed to: Financial Operations Division (AMZ-300), Federal Aviation\nAdministration, Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK\n73 125; (405) 954-8893.\nFailure to pay the $4,000 civil penalty will result in accrual of interest at the current annual rate\nin accordance with 31 U.S.C. 5 3717, 31 C.F.R. 5 901.9, and 49 C.F.R. 5 89.23. Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 days of service. Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropriate action in a United\nStates District Court.\nThis decision on reconsideration is the final administrative action in this proceeding.\nSEP - 1 2006\nDate Issued\niate Administrator\nPipeline Safety\n2 Petition, p 2.\n3 49 C.F.R. 9 195.503.","truncated":false,"body_characters":6254}