CPF 120085007M
CPF 120085007M
120085007M_Notice of Amendment_10032008_text.pdf, page 1Official PDFNOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED October 3, 2008 IMTT Mr. Richard R. Fisette, Vice President IMTT-Pipeline 250 E. 22nd St. P.O. Box 67 Bayonne, NJ 07002 CPF 1-2008-5007M Dear Fisette: On May 5-8, 2008, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your transmission pipeline in Bayonne, New Jersey. On the basis of the inspection, PHMSA has identified the apparent inadequacies within IMTT's plans or procedures, as described below:#
120085007M_Notice of Amendment_10032008_text.pdf, page 21. §191.15 Transmission and gathering systems: Incident Report §191.15(b) Where additional related information is obtained after a report is submitted under paragraph (a) of this section, the operator shall make a supplemental report as soon as practicable with a clear reference by date and subject to the original report IMTT - Pipeline procedures do not address filing a supplemental report, if needed, in conjunction with filing original NRC reports. 2. §195.310 Records §195.310(b)(10) Temperature of the test medium or pipe during the test period Recording of temperature during a pipeline pressure test is not in IMTT - Pipeline procedures. Temperatures are recorded on actual IMTT- Pipeline test reports. Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order. If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 30 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. In correspondence concerning this matter, please refer to CPF 1-2008-5007M and, for each document you submit, please provide a copy in electronic format whenever possible. 2#
120085007M_Notice of Amendment_10032008_text.pdf, page 3Sincerely, Byron Coy, PE Director, Eastern Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings 3#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.