{"operation":"document","citation":"CPF 520126005","title":"OP RENO LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-02-29","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.505.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520126005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520126005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520126005","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520126005","body":"Notice of Probable Violation involving OP RENO LLC. PHMSA's enforcement data identifies the cited regulation as 195.505. The case was opened on 2012-02-29 and is reported as closed as of 2013-09-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520126005_Final Order_09202013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126005/520126005_Final%20Order_09202013.pdf\n\n520126005_Final Order_09202013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126005/520126005_Final%20Order_09202013_text.pdf\n\n520126005_NOPV PCO_02292012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126005/520126005_NOPV%20PCO_02292012.pdf\n\n520126005_NOPV PCO_02292012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126005/520126005_NOPV%20PCO_02292012_text.pdf\n\n520126005_Final Order_09202013_text.pdf\n\nSEPTEMBER 20, 2013\nMr. John Niemi, Member\nOP Reno, LLC\n540 Maryville Center Dr., Suite 340\nSt. Louis, MO 63141\nRe: CPF 5-2012-6005\nDear Mr. Niemi:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that OP Reno, LLC, has completed the actions specified in the Notice to\ncomply with the pipeline safety regulations. Therefore, this case is now closed. Service of the\nFinal 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. Chris Hoidal, Director, Central 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)\nOP Reno, LLC, ) CPF No. 5-2012-6005\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn September 13, 2011, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an inspection of the Operator Qualification (OQ) Program of OP Reno, LLC (OP\nReno or Respondent), in Sparks, Nevada.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated February 29, 2012, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that OP Reno had violated 49 C.F.R. § 195.505 and proposed ordering Respondent to\ntake certain measures to correct the alleged violation.\nOP Reno responded to the Notice by letter dated January 25, 2013 (Response). The company did\nnot contest the allegation of violation but provided information concerning the corrective actions\nit had taken and submitted copies of its OQ Plan. Respondent did not request a hearing and\ntherefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, OP Reno did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.505, which states:\n§ 195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n\n\n\n2\n(a) Identify covered tasks;\n(b) Ensure through evaluation that individuals performing covered tasks\nare qualified;\n(c) Allow individuals that are not qualified pursuant to this subpart to\nperform a covered task if directed and observed by an individual that is\nqualified;\n(d) Evaluate an individual if the operator has reason to believe that the\nindividual's performance of a covered task contributed to an accident as\ndefined in Part 195;\n(e) Evaluate an individual if the operator has reason to believe that the\nindividual is no longer qualified to perform a covered task;\n(f) Communicate changes that affect covered tasks to individuals\nperforming those covered tasks;\n(g) Identify those covered tasks and the intervals at which evaluation of\nthe individual's qualifications is needed;\n(h) After December 16, 2004, provide training, as appropriate, to ensure\nthat individuals performing covered tasks have the necessary knowledge\nand skills to perform the tasks in a manner that ensures the safe operation\nof pipeline facilities; and\n(i) After December 16, 2004, notify the Administrator or a state agency\nparticipating under 49 U.S.C. Chapter 601 if the operator significantly\nmodifies the program after the Administrator or state agency has verified\nthat it complies with this section.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.505 by failing to have a written\noperator qualification program at the time of the inspection. Specifically, the Notice alleged that\nalthough OP Reno provided copies of personnel training records from 2006 and 2009 which\nlisted some covered tasks, these documents do not constitute an OQ program that meets the\ncriteria in §195.505. Respondent did not contest this allegation of violation. Accordingly, based\nupon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 195.505 by\nfailing to have a written operator qualification program at the time of the inspection.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violations of\n49 C.F.R. § 195.505. Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. The Director\nindicates that Respondent has taken the following actions specified in the proposed compliance\norder:\n1. With respect to the violation of § 195.505 (Item 1), Respondent created and is\nfollowing a written qualification program. The program includes provisions to:\n\n\n\n3\n(a) Identify covered tasks;\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\n(c) Allow individuals that are not qualified pursuant to this subpart to perform a\ncovered task if directed and observed by an individual that is qualified;\n(d) Evaluate an individual if there is a reason to believe that the individual’s\nperformance of a covered task contributed to an accident as defined in Part\n195;\n(e) Evaluate an individual if there is reason to believe that the individual is no\nlonger qualified to perform a covered task;\n(f) Communicate changes that affect covered tasks to individuals performing\nthose covered tasks;\n(g) Identify those covered tasks and the intervals at which evaluation of the\nindividual’s qualifications is needed;\n(h) Provide training, as appropriate, to ensure that individuals performing covered\ntasks have the necessary knowledge and skills to perform the tasks in a\nmanner that ensures the safe operation of pipeline facilities; and\n(i) Notify the Administrator or a state agency participating under 49 U.S. C.\nChapter 601 if OP Reno, LLC significantly modifies the program.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\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":7657}