U.S. VENTURE, INC. — Notice of Probable Violation

case documentOfficial PDF32021036NOPV_PCP_08252021_(20-172201).pdf#

case documentOfficial PDF32021036NOPV_PCP_08252021_(20-172201)_text.pdf#

32021036NOPV_Final Order_10142021_(20-172201)_text.pdf, page 1Official PDFOctober 14, 2021 VIA ELECTRONIC MAIL TO: jschmidt@usoil.com John Schmidt President & Chief Executive Officer U.S. Venture, Inc. 425 Better Way Appleton, Wisconsin 54915 Re: CPF No. 3-2021-036-NOPV Dear Mr. Schmidt: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and assesses a civil penalty of $81,900. When the civil penalty has been paid, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA Ms. Melodie Briggs, Compliance Manager, U.S. Venture, Inc., mbriggs@usoil.com Mr. Eric Kessenich, President, U.S. Oil, U.S. Venture, Inc., ekessenich@usoil.com Mr. Dan Morrill, Vice President, Terminal Operations, U.S. Venture, Inc., dmorrill@usoil.com CONFIRMATION OF RECEIPT REQUESTED#

32021036NOPV_Final Order_10142021_(20-172201)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) U.S. Venture, Inc., ) CPF No. 3-2021-036-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On August 25, 2021, pursuant to 49 C.F.R. § 190.207, the Director, Central Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to U.S. Venture, Inc. (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 195 and proposed a civil penalty of $81,900. Respondent did not contest the allegation of violation or the proposed civil penalty. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulation listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 195.505(b) (Item 1) ─ Respondent failed to identify covered tasks and to qualify seven terminal technicians responsible for performing monthly rectifier readings and/or rectifier calibrations until late October 2020. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. In accordance with 49 C.F.R. § 190.223, Respondent is assessed a civil penalty amount of $81,900. Payment of the civil penalty must be made within 20 days of service. Federal regulations (49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire transfers should be directed to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169. The Financial Operations Division telephone number is (405) 954-8845. Failure to pay the $81,900 civil penalty will result in accrual of interest at the current annual rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to#

32021036NOPV_Final Order_10142021_(20-172201)_text.pdf, page 3CPF No. 3-2021-36-NOPV Page 2 those same authorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral of the matter to the Attorney General for appropriate action in a district court of the United States. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. October 14, 2021 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#