{"operation":"document","citation":"CPF 920106020W","title":"SIGNATURE FLIGHT SUPPORT, M&O _ HONOLULU — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-09-07","effective_on":null,"summary":"CLOSED warning letter citing 199.119(a), 199.229(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-920106020w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-920106020w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-920106020w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/920106020W","body":"Warning Letter involving SIGNATURE FLIGHT SUPPORT, M&O _ HONOLULU. PHMSA's enforcement data identifies the cited regulations as 199.119(a),  199.229(a). The case was opened on 2010-09-07 and is reported as closed as of 2010-09-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n920106020W_warning letter_09072010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/920106020W/920106020W_warning%20letter_09072010.pdf\n\n920106020W_warning letter_09072010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/920106020W/920106020W_warning%20letter_09072010_text.pdf\n\n920106020W_warning letter_09072010_text.pdf\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590\nWARNING LETTER\nUNITED POSTAL SERVICE – DELIVERY SIGNATURE REQUESTED\nSeptember 7, 2010\nMR. LAWRENCE MACMAHON, REGIONAL VICE PRESIDENT\nASIG – HONOLULU\n200 ROGERS BOULEVARD\nHONOLULU, HI 96819\nReference: OpID No. 31056\nCPF 9-2010-6020W\nDear Mr. MACMAHON:\nAs of April 15, 2010, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code audited your\nManagement Information System (MIS) submittal and determined that no drug or alcohol testing\ndata was received or entered for calendar year (CY) 2009.\nAs a result of this audit, it appears that you have committed probable violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The items audited and the probable\nviolations are:\n\n\n\n1. § 199.119(a) Reporting of anti-drug testing results\nEach large operator (having more than 50 covered employees) shall submit an annual\nMIS report to PHMSA of its anti-drug testing using the Management Information System\n(MIS) form and instructions as required by 49 CFR Part 40 (at [§40.26] and appendix H\nto part 40) not later than March 15* of each year for the prior calendar year (January 1\nthrough December 31). The Administrator shall require by written notice that small\noperators (50 or fewer covered employees) not otherwise required to submit annual MIS\nreports to prepare and submit such reports to PHMSA.\n* Note: An extension was granted to all operators to file CY2009 MIS data not later\nthan April 15, 2010\nProbable Violation 1: No MIS drug testing report received.\nBases for the Violation 1: According to the Drug and Alcohol Management Information System\n(DAMIS) database, there is no drug testing data entered in DAMIS to indicate a MIS report was\nsubmitted either electronically or through the MIS paper form (OMB No. 2105-0529).\n2. § 199.229(a) Reporting of alcohol testing results.\nEach large operator (having more than 50 covered employees) shall submit an annual\nMIS report to PHMSA of its alcohol testing results using the Management Information\nSystem (MIS) form and instructions as required by 49 CFR part 40 (at [§40.26] and\nappendix H to part 40), not later than March 15* of each year for the previous calendar\nyear (January 1 through December 31). The Administrator may require by written notice\nthat small operators (50 or fewer covered employees) not otherwise required to submit\nannual MIS reports to prepare and submit such reports to PHMSA.\n* Note: An extension was granted to all operators to file CY2009 MIS data not later\nthan April 15, 2010\nProbable Violation 2: No MIS alcohol testing report received.\nBases for the Violation 2: According to the Drug and Alcohol Management Information System\n(DAMIS) database, there is no alcohol testing data entered in DAMIS to indicate a MIS report\nwas submitted either electronically or through a MIS paper form (OMB No. 2105-0529).\n2\n\n\n\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violation. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in ASIG - HONOLULU being subject to additional enforcement\naction.\nA reply to this letter is not required. If you choose to reply please refer to CPF 9-2010-6020W.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter within 30-days of receipt of this\nletter. MIS submissions, replies or questions can be addressed to:\nStanley T. Kastanas, Director\nOffice of Substance Abuse Policy, Investigations and Compliance\nPipeline and Hazardous Materials Safety Administration\nP.O. Box 945*\nLowell, MA 01854-0945*\n[*Note: Use only US Postal Service when mailing to this address. Call 202-550-\n0629 if you need to mail with any other mail carrier.]\nFor electronic submissions or questions and guidance, please contact the undersigned PHMSA\nrepresentative either through the address noted above or applying the following contact\ninformation:\nContact Number: 202-550-0629\nE-mail Address: Stanley.Kastanas @DOT.GOV\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nStanley T. Kastanas, Director\nOffice of Substance Abuse Policy, Investigations and Compliance\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":6026}