{"operation":"document","citation":"CPF 520050019","title":"LINN WESTERN OPERATING, INC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-10-17","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.809(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520050019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520050019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520050019","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520050019","body":"Notice of Probable Violation involving LINN WESTERN OPERATING, INC. PHMSA's enforcement data identifies the cited regulation as 192.809(d). The case was opened on 2005-10-17 and is reported as closed as of 2008-05-05. 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\n520050019_final order_10122006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050019/520050019_final%20order_10122006.pdf\n\nCPF_NO_5-2005-0019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050019/CPF_NO_5-2005-0019.pdf\n\n520050019_final order_10122006.pdf\n\nU.S. Department 400 Seventh Street, S.W.\nof Transportation Washington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety Administration\nOCT 1 2 ?rr16\nMr. Timothy Collins\nPresident\nBlacksand Energy, Inc.\n1801 Broadway, Suite 550\nDenver, CO 80202\nRe: CPF No. 5-2005-001 9\nDear Mr. Collins:\nEnclosed is the Final Order issued by the Acting Associate Administrator for Pipeline Safety\nin the above-referenced case. It makes a finding of violation, assesses a civil penalty of $5,000\nfor that violation, and specifies actions to be taken to comply with the pipeline safety regulations.\nI acknowledge receipt of and accept your wire transfer for $5,000 as payment in full of the civil\npenalty assessed in the Final Order. When the terms of the Compliance Order are completed, as\ndetermined by the Director, Western Region, PHMSA, this enforcement action will be closed.\nYour receipt of the Final Order constitutes service of that document under 49 C.F.R. 5 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nPHMSA-Office of Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, P.E., Director Western Region, PHMSA\nCERTIFIED MAIL -RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nBlacksand Energy, Inc. CPF NO. 5-2005-0019\nRespondent\nFINAL ORDER\nOn March 3 1,2005, pursuant to 49 U.S.C. 5 601 17, representatives of the Pipeline and\nHazardous Materials Safety Administration's (PHMSA's) Office of Pipeline Safety conducted an\non-site pipeline safety inspection of Respondent's Operator Qualification (OQ) of Pipeline\nPersonnel program in Brea, California. As a result of the inspection, the Director, Western\nRegion, PHMSA, issued to Respondent, by letter dated October 17,2005, a Notice of Probable\nViolation, Proposed Civil Penalty, and Proposed Compliance Order (Notice). In accordance\nwith 49 C.F.R. 5 190.207, the Notice proposed finding that Respondent committed a violation of\n49 C.F.R. Part 192, and proposed assessing a civil penalty of $5,000 for the alleged violation.\nThe Notice also proposed ordering Respondent to take certain measures to correct the alleged\nviolation.\nRespondent responded to the Notice by letter dated November 10,2005 (Response). Respondent\ndid not contest the allegations and agreed to pay the proposed civil penalty, waiving further right\nto respond and authorizing the entry of this Final Order. Respondent also stated in its Response\nthat it would submit a written qualification program for approval.\nFINDING OF VIOLATION\nIn its Response, Respondent did not contest the alleged violation in the Notice. Accordingly, I\nfind that Respondent violated the following section of 49 C.F.R. Part 192, as more fully\ndescribed in the Notice:\nItem 1- 49 C.F.R. 5 192.809-failing to have a written Operator Qualification program\nfor its pipeline personnel in place.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent. Having reviewed the record and considered the assessment criteria, I\nassess Respondent a civil penalty of $5,000, already paid by Respondent.\n\n\n\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to the violation. Under 49 U.S.C.\n$ 601 18(a), each person who engages in the transportation of gas or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established under\nChapter 601. Pursuant to the authority of 49 U.S.C. $601 18(b) and 49 C.F.R. $ 190.217,\nRespondent is ordered to take the following actions to ensure compliance with the pipeline safety\nregulations applicable to its operations. Respondent must--\n1. Provide a written OQ program applicable to its pipeline that addresses all\nrequirements, including provisions to:\na. ldentify covered tasks;\nb. Ensure through evaluation that individuals performing covered tasks are\nqualified;\nc. Allow individuals that are not qualified pursuant to 49 C.F.R. 5 192 Subpart N\nto perform a covered task if directed and observed by an individual that is\nqualified;\nd. Evaluate an individual if Respondent has reason to believe that the\nindividual's performance of a covered task contributed to an accident as\ndefined in Part 19 1 ;\ne. Evaluate an individual if Respondent has reason to believe that the individual\nis no longer qualified to perform covered task;\nf. Communicate changes that affect covered tasks to individuals performing\nthese covered tasks; and\ng. Identify those covered tasks and the intervals at which evaluation of the\nindividual's qualifications is needed.\n2. Maintain records that demonstrate compliance with 49 C.F.R. 5 192 Subpart N.\na. Qualification records shall include:\ni. Identification of qualified individuals;\nii. Identification of the covered tasks the individual is qualified to\nperform;\niii. Dates of current qualifications; and\niv. Qualification methods.\nb. Records supporting an individual's current qualification shall be maintained\nwhile the individual is performing the covered task. Records of prior\nqualification and records of individuals no longer perfarming covered tasks\nshall be retained for a period of five years.\n3. Respondent shall maintain documentation of the safety improvement costs associated\nwith fulfilling this Compliance Order and submit the total to Director, Western\n\n\n\nRegion, PHMSA. Costs shall be reported in two categories: 1) total cost associated\nwith preparation/revision of plans, procedures, studies and analyses, and 2) total cost\nassociated with replacements, additions and other changes to pipeline infrastructure.\n4. Within 60 days of receipt of the Final Order, submit documentation of procedures,\ncosts and evidence of actions taken to the Director, Western Region, Pipeline and\nHazardous Materials Safety Administration, 12300 West Dakota Avenue, Suite 1 10,\nLakewood, Colorado 80228. Please refer to CPF No. 5-2005-0019 on any\ncorrespondence or communication in these matters.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent demonstrating good cause for an extension.\nFailure to comply with this Final Order may result in the assessment of civil penalties of up to\n$100,000 per violation per day, or in the referral of the case for judicial enforcement.\nThe terms and conditions of this Final Order are effective on receipt.\nOCT 1 2 2006\nDate Issued\nAdministrator","truncated":false,"body_characters":7169}