{"operation":"document","citation":"CPF 220136010","title":"TAMPA AIRPORT PIPELINE CORPORATION — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-09-23","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.446.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220136010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220136010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220136010","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220136010","body":"Notice of Probable Violation involving TAMPA AIRPORT PIPELINE CORPORATION. PHMSA's enforcement data identifies the cited regulation as 195.446. The case was opened on 2013-09-23 and is reported as closed as of 2014-03-27. Proposed civil penalty: $26,800. Assessed civil penalty: $26,800. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220136010_Final Order_02182014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136010/220136010_Final%20Order_02182014.pdf\n\n220136010_Final Order_02182014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136010/220136010_Final%20Order_02182014_text.pdf\n\n220136010_nopv_pcp_ 09232013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136010/220136010_nopv_pcp_%2009232013_text.pdf\n\n220136010_nopv_pcp_09232013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136010/220136010_nopv_pcp_09232013.pdf\n\n220136010_Final Order_02182014_text.pdf\n\nFEBRUARY 18, 2014\nMr. Robert L. Rose\nPresident\nTampa Airport Pipeline Corporation\n4120 Higel Avenue\nSarasota, FL 34242\nRe: CPF No. 2-2013-6010\nDear Mr. Rose:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and assesses a civil penalty of $26,800. The penalty payment terms are set forth in the\nFinal Order. This enforcement action closes automatically upon receipt of payment. Service of\nthe Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Wayne T. Lemoi, Director, Southern Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nTampa Airport Pipeline Corporation, ) CPF No. 2-2013-6010\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn May 13-17, 2013, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the control room of Tampa Airport Pipeline\nCorporation (TAPC or Respondent) in Tampa, Florida.\nAs a result of the inspection, the Director, Southern Region, OPS (Director), issued to\nRespondent, by letter dated September 23, 2013, a Notice of Probable Violation and Proposed\nCivil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding\nthat TAPC had violated 49 C.F.R. § 195.446 and proposed assessing a civil penalty of $26,800\nfor the alleged violation.\nRespondent failed to respond within 30 days of receipt of service of the Notice. Under 49 C.F.R.\n§ 190.209(c), such failure to respond constitutes a waiver of TAPC’s right to contest the\nallegations in the Notice and authorizes the Associate Administrator, without further notice, to\nfind facts as alleged in the Notice and to issue this Final Order under § 190.213. In this case, the\nNotice was mailed to Respondent by certified mail (USPS Article No. 7012 2210 0001 3743) on\nSeptember 23, 2013, and was received by Respondent on September 26, 2013, as shown by the\nreturn receipt on file with PHMSA. To date, Respondent has not acknowledged or responded to\nthe Notice. Under such circumstances, I find it reasonable and appropriate to enter this Final\nOrder without further proceedings.1\n1 In the Matter of Tampa Pipeline Corporation, Final Order (CPF No. 2-2008-6002) (April 26, 2010), 2010 WL\n6531627, (D.O.T.), August 27, 2010; see also, In the Matter of Tampa Bay Pipeline Corporation, Final Order (CPF\nNo. 2-2005-6012) (Dec. 1, 2006), 2008 WL 902910 (D.O.T.), March 31, 2008. PHMSA final orders are generally\naccessible on the agency’s website, available at http://primis.phmsa.dot.gov/comm/reports/enforce/Actions.\n\n\n\n2\nFINDING OF VIOLATION\nTAPC did not contest the allegation in the Notice that it violated 49 C.F.R. Part 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.446, which states in\nrelevant part:\n§ 195.446 – Control room management.\n(a) General. This section applies to each operator of a pipeline facility\nwith a controller working in a control room who monitors and controls all\nor part of a pipeline facility through a SCADA system. Each operator must\nhave and follow written control room management procedures that\nimplement the requirements of this section. The procedures required by\nthis section must be integrated, as appropriate, with the operator's written\nprocedures required by § 195.402. An operator must develop the\nprocedures no later than August 1, 2011, and must implement the\nprocedures according to the following schedule. The procedures required\nby paragraphs (b), (c)(5), (d)(2) and (d)(3), (f) and (g) of this section must\nbe implemented no later than October 1, 2011. The procedures required by\nparagraphs (c)(1) through (4), (d)(1), (d)(4), and (e) must be implemented\nno later than August 1, 2012. The training procedures required by\nparagraph (h) must be implemented no later than August 1, 2012, except\nthat any training required by another paragraph of this section must be\nimplemented no later than the deadline for that paragraph.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.446 by failing to follow its written\ncontrol room management (CRM) procedures. Specifically, the Notice alleged that:\n• Section 8.8.1 of TAPC’s procedures stated that TAPC’s Alarm Management Plan\nincluded identified safety-related alarms, but that TAPC did not have an Alarm\nManagement Plan and had not identified which of its alarms were safety-related;\n• Section 8.11.5 of TAPC’s procedures required TAPC to monitor the content and volume\nof activity being directed to and required of each controller, but that TAPC had not done\nso;\n• Section 8.11.1 of TAPC’s procedures required TAPC’s training program to include\n“[r]esponding to abnormal operating conditions likely to occur simultaneously or in\nsequence,” but that TAPC did not include such training between August 1, 2012, and\nMay 13, 2013; and\n• Section 8.5.1 of TAPC’s procedures required that TAPC’s shift turnover process include\nthe use of the “Operators shift change form” to indicate that acceptable briefing had been\nprovided to the oncoming controller, but that TAPC could not provide the “Operators\nshift change form” nor any evidence that such a form had ever been used.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.446 by failing to follow its\nwritten control room management (CRM) procedures.\n\n\n\n3\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations.2 In determining the amount of a civil penalty under 49 U.S.C.\n§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect\nthat the penalty may have on its ability to continue doing business; and the good faith of\nRespondent in attempting to comply with the pipeline safety regulations. In addition, I may\nconsider the economic benefit gained from the violation without any reduction because of\nsubsequent damages, and such other matters as justice may require. The Notice proposed a total\ncivil penalty of $26,800 for the violations cited above.\nItem 1: The Notice proposed a civil penalty of $26,800 for Respondent’s violation of 49 C.F.R.\n§ 195.446, for failing to follow its written CRM procedures. TAPC neither contested the\nallegation nor presented any evidence or argument justifying a reduction in the proposed penalty.\nI have considered the nature, circumstances and gravity and TAPC’s culpability for the violation.\nCRM is meant to enhance the performance of operator personnel that control pipeline operations\nand to ensure that operators will be able to assess and respond to abnormal conditions quickly\nand appropriately. CRM is also meant to reduce the number and consequences of shortfalls in\ncontrol room management practices and operator errors when remotely monitoring and\ncontrolling pipelines. TAPC had CRM procedures, but failed to follow them in multiple ways\nfor an extended period of time, rendering them ineffective. Accordingly, having reviewed the\nrecord and considered the assessment criteria, I assess Respondent a civil penalty of $26,800 for\nviolation of 49 C.F.R. § 195.446.\nIn summary, having reviewed the record and considered the assessment criteria for each of the\nItems cited above, I assess Respondent a total civil penalty of $26,800.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations\n(49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal\nReserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed\ninstructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMZ-341), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, P.O. Box 269039, Oklahoma City, Oklahoma 73125. The\nFinancial Operations Division telephone number is (405) 954-8893.\nFailure to pay the $26,800 civil penalty will result in accrual of interest at the current annual rate\n2 The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, Pub. L. No. 112-90, § 2(a)(1), 125 Stat.\n1904, January 3, 2012, increased the civil penalty liability for violating a pipeline safety standard to $200,000 per\nviolation for each day of the violation, up to a maximum of $2,000,000 for any related series of violations.\n\n\n\n4\nin accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 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 district\ncourt of the United States.\nUnder 49 C.F.R. § 190.215, Respondent has the right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA\nwill accept petitions received no later than 20 days after receipt of service of the Final Order by\nthe Respondent, provided they contain a brief statement of the issue(s) and meet all other\nrequirements of 49 C.F.R. § 190.215. The filing of a petition automatically stays the payment of\nany civil penalty assessed but does not stay any other provisions of the Final Order, including\nany required corrective actions. If Respondent submits payment of the civil penalty, the Final\nOrder becomes the final administrative decision and the right to petition for reconsideration is\nwaived.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11887}