{"operation":"document","citation":"CPF 520031010","title":"OVERTHRUST CORP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-10-31","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.465(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520031010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520031010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520031010","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520031010","body":"Notice of Probable Violation involving OVERTHRUST CORP. PHMSA's enforcement data identifies the cited regulation as 192,  192.465(b). The case was opened on 2003-10-31 and is reported as closed as of 2005-09-13. 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\n520031010_final order_03042004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520031010/520031010_final%20order_03042004.pdf\n\n520031010_final order_03042004_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520031010/520031010_final%20order_03042004_text.pdf\n\ncpf_52003_1010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520031010/cpf_52003_1010.pdf\n\n520031010_final order_03042004_text.pdf\n\nU5 Department\nof Transportattort\nResearch and\nSpecial Programs\nAdministration\n400 Seventh St S W\nWashington D C 20590\nMr. Ron Jibson\nOperations General Manager\nQuestar Pipeline Company\nP. O. Box 45360\nSalt Lake City, UT 84145-0360\nRE: CPF No. 5-2003-1010\nDear Mr. Jibson:\nEnclosed is the Final Order issued by the Associate Administrator for Pipehne Safety in the\nabove-referenced case. It makes finding of violation and assesses a civil penalty of $5, 000. Tins\nenforcement action closes automatically upon payment. Your receipt of this Final Order constitutes\nservice of that document under 49 C. F. R. )190. 5.\nSincerely,\nJames Reynolds\nPipeline Comphance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nQuestar Pipehne Company,\nRespondent.\nCPF NO. 5-2003-1010\nFINAL ORDER\nBetween June 16 and 20, 2003, pursuant to 49 U. S. C. ) 60117, a representative of the Office of\nPipeline Safety conducted an on-site pipeline safety inspection of Respondent's facilities and records\nin Salt Lake City, Utah and Evanston, Wyoming. As a result of the inspection, the Director, Western\nRegion, OPS, issued to Respondent, by letter dated October 31, 2003, a Notice of Probable Violation\nand Proposed Civil Penalty (Notice). In accordance with 49 C. F. R. $ 190. 207, the Notice proposed\nfinding that Respondent had violated 49 C. F. R. Part 192 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\nRespondent did not contest alleged violation in the Notice. Accordingly, I find that Respondent\nviolated the following section of 49 C. F. R. Part 192, as more fully described in the Notice:\n49 C. F. R. $ 192. 465 - failure to inspect a cathodic protection rectifier within the 2 /z month\ninterval and to ensure it was operational during six subsequent inspections\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken agamst Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U. S. C. $ 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.\n\n\n\n49 U. S. C. ( 60122 and 49 C. F. R. $ 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 abihty to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nabihty to continue in business, and such other matters as justice may require. The Notice proposed\na total civil penalty of $5, 000 for the violation.\nAccordingly, having reviewed the record and considered the assessment criteria, I assess Respondent\na total civil penalty of $5, 000.\nPayment of the civil penalty must be made within 20 days of service. Payment may be made by\nsending a certified check or money order (containing the CPF Number for this case) payable to \"U. S.\nDepartment of Transportation\" to the Federal Aviation Administration, Mike Monroney\nAeronautical Center, Financial Operations Division (AMZ-120), P. O. Box 25082, Oklahoma City,\nOK 73125.\nFederal regulations (49 C. F. R. $ 89. 21(b)(3)) also permit this payment to be made by wire transfer,\nthrough the Federal Reserve Commumcations System (Fedwire), to the account of the U. S. Treasury.\nDetailed instructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMZ-120), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, P. O. Box 25082, Oklahoma City, OK 73125; (405) 954-4719.\nFailure to pay the $5, 000 civil penalty will result in accrual of interest at the current annual rate in\naccordance with 31 U. S. C. ) 3717, 31 C. F. R. ) 901. 9 and 49 C. F. R. ) 89. 23. Pursuant to those same\nauthorities, a late penalty charge of six percent (6%) per annum will be charged if payment is not\nmade within 110 days of service. Furthermore, failure to pay the civil penalty may result in referral\nof the matter to the Attorney General for appropriate action in a United States District Court.\nUnder 49 C. F. R. $ 190. 215, Respondent has a right to petition for reconsideration of this Final\nOrder. However, if the civil penalty is paid, the case closes automatically and Respondent waives\nthe right to petition for reconsideration. The filing of the petition automatically stays the payment\nof any civil penalty assessed. The petition must be received within 20 days of Respondent's receipt\nof this Final Order and must contain a brief statement of the issue(s). The terms and conditions of\nthis Final Order are effective on receipt.\nWAR -4 20@.\nDate Issued\ney Gerard\ns ociate Administrator\nfor Pipehne Safety","truncated":false,"body_characters":6044}