{"operation":"document","citation":"CPF 120175026W","title":"DELAWARE PIPELINE COMPANY, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-10-05","effective_on":null,"summary":"CLOSED warning letter citing 195.505.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175026w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175026w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120175026w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120175026W","body":"Warning Letter involving DELAWARE PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulation as 195.505. The case was opened on 2017-10-05 and is reported as closed as of 2017-10-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120175026W_Warning Letter_10052017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175026W/120175026W_Warning%20Letter_10052017.pdf\n\n120175026W_Warning Letter_10052017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120175026W/120175026W_Warning%20Letter_10052017_text.pdf\n\n120175026W_Warning Letter_10052017_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nOctober 5, 2017\nMr. James Fedena\nSenior Vice President of Logistics\nDelaware Pipeline Company, LLC\n4550 Wrangle Hill Road\nDelaware City, DE 19706\nCPF 1-2017-5026W\nDear Mr. Fedena:\nFrom April 24 - 28, 2017, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nDelaware Pipeline Company, LLC’s (Delaware) Delaware City Terminal located in Delaware and\nPennsylvania.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation(s) are:\n1. § 195.505 Qualification Program\nEach operator shall have and follow a written qualification program.\nDelaware failed to follow its written operator qualification (OQ) program. Specifically, Delaware\nfailed to maintain records reflecting the requirements of Section 3.6 of its written qualification\nprogram PBF Energy - Qualification of Pipeline Personnel, dated October 17, 2012, (Procedure).\nDuring the inspection, the PHMSA inspector reviewed Delaware’s Procedure. It states in Section\n3.6, Contract Personnel:\n“…Contractor’s qualifications should be reviewed and approved by the company\nprior to the commencement of any work.\n\n\n\nCPF 1-2017-5026W\n…\nDuring the planning and/or execution stages of each job, the Company’s\nrepresentative in charge of the job will:\n Identify any covered tasks to be performed. Document on either the form in\nAppendix E or within the Jobsite Manager in ISNetworld.\n…\n Require from the contractor a list of employees and which covered task they\nwill be performing and notification of any qualified employee changes made during\nthe work.”\nThe PHMSA inspector reviewed the inspection report “Depth of Cover Survey and Inspection”,\ndated 8/20/2013, and associated OQ records, for Delaware’s 16” pipeline navigable waterway\ncrossing inspection of the Christina River, a tributary of the Delaware River. Delaware utilized a\ncontractor to perform this navigable waterway crossing inspection. The OQ records for the primary\ndiver identified on the inspection report indicated that this individual was not qualified for\nDelaware’s CT 16 “Inspection Navigable Waterway Crossing”. When questioned by the PHMSA\ninspector, Delaware identified an additional individual as a primary diver for the inspection, whose\nOQ records reflected qualification for CT 16, but whose name was not on the original inspection\nreport.\nThe PHMSA inspector then requested documentation reflecting the requirements from Section 3.6\nof Delaware’s Procedure, to verify this new information. Delaware was unable to produce the form\n“Contractor OQ Verification Form” from Appendix E, a record of the job’s covered task list out\nof ISNetworld, or the contractor’s supplied list of employees performing the specific covered tasks,\nas required by the procedure above.\nTherefore, Delaware failed to follow its written operator qualification program, Section 3.6,\nContract Personnel, by failing to maintain the required documentation.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists up to a maximum of $2,090,022 for a related\nseries of violations. We have reviewed the circumstances and supporting documents involved in\nthis case, and have decided not to conduct additional enforcement action or penalty assessment\nproceedings at this time. We advise you to correct the item(s) identified in this letter. Failure to do\nso will result in Delaware Pipeline Company, LLC, being subject to additional enforcement action.\nPlease be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential 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 confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Acting Director, PHMSA Eastern Region, 820 Bear Tavern Road,\n120175026W_Warning Letter_10052017_text Page 2 of 3\n\n\n\nCPF 1-2017-5026W\nSuite 103, West Trenton, NJ 08628. Please refer to CPF 1- 2017-5026W on each document you\nsubmit, and whenever possible provide a signed PDF copy in electronic format. Smaller files may\nbe emailed to robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the\noriginal paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120175026W_Warning Letter_10052017_text Page 3 of 3","truncated":false,"body_characters":5699}