{"operation":"document","citation":"CPF 120185014M","title":"DELAWARE PIPELINE COMPANY, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-03-26","effective_on":null,"summary":"CLOSED notice of amendment citing 195.214(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185014m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185014m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185014m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185014M","body":"Notice of Amendment involving DELAWARE PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulation as 195.214(a). The case was opened on 2018-03-26 and is reported as closed as of 2019-09-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120185014M_Closure Letter_09172019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185014M/120185014M_Closure%20Letter_09172019.pdf\n\n120185014M_Closure Letter_09172019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185014M/120185014M_Closure%20Letter_09172019_text.pdf\n\n120185014M_Notice of Amendment_03262018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185014M/120185014M_Notice%20of%20Amendment_03262018.pdf\n\n120185014M_Notice of Amendment_03262018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185014M/120185014M_Notice%20of%20Amendment_03262018_text.pdf\n\n120185014M_Operator Response to Notice_04252018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185014M/120185014M_Operator%20Response%20to%20Notice_04252018.pdf\n\n120185014M_Notice of Amendment_03262018_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nMarch 26, 2018\nMr. James Fedena\nSenior Vice President of Logistics\nDelaware Pipeline Company, LLC\n4550 Wrangle Hill Road\nDelaware City, DE 19706\nCPF 1-2018-5014M\nDear Mr. Fedena:\nFrom December 5 – 8, 2016, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Delaware\nPipeline Company, LLC (Delaware) pipeline terminal for pipeline construction in\nDelaware City, DE.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nDelaware’s plans or procedures, as described below:\n1. § 195.214 Welding procedures.\n(a) Welding must be performed by a qualified welder or welding operator in\naccordance with welding procedures qualified under section 5, section 12,\nAppendix A or Appendix B1 of API Std 1104 (incorporated by reference, see\n§ 195.3), or Section IX of ASME Boiler and Pressure Vessel Code (BPVC)\n(incorporated by reference, see § 195.3). The quality of the test welds used to\nqualify welding procedures must be determined by destructive testing.\nDelaware’s Welding Compliance Volume – Welding and NDT Procedures (Welding Manual) was\ninadequate. Specifically, Delaware’s Welding Manual failed to include welding procedures that\nreferenced and were qualified to the 20th edition of API 1104, as incorporated by § 195.3(b)(20).\n‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐\n1 § 195.214 (a) was changed effective March 24, 2017 to include Appendix B of API 1104. This change came into\neffect after this inspection was performed.\n\n\n\nCPF 1-2018-5014M\nDuring the inspection, the PHMSA inspector reviewed Delaware’s Welding Manual, which\nincluded the Welding Procedure Specifications (WPSs) and the associated Procedure Qualification\nRecords. The Welding Manual reviewed included statements that some WPSs were qualified and\ncertified by the procedures of API 1104, latest edition, which currently is API 1104, 21st edition.\nIn addition, the Welding Manual referenced API 1104, 17th edition and API 1104, 18th edition.\nLastly, the Welding Manual cited API 1107, which is an outdated standard for maintenance\nwelding that was discontinued by API in 2005 and is not recognized by § 195.214 (a).\nTherefore, Delaware’s Welding Manual, with references to API 1104, latest edition; API 1104,\n17th edition; and API 1104, 18th edition; was inadequate per the requirements of § 195.3(b)(20),\nand with references to API 1107, was inadequate per the requirements of § 195.214 (a).\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Delaware Pipeline Company, LLC maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nPHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, West Trenton, NJ 08628. Please refer\nto CPF 1- 2018-5014M on each document you submit, and whenever possible provide a signed\nPDF copy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov. Larger\nfiles should be sent on a CD accompanied by the original paper copy to the Eastern Region Office.\n120185014M_Notice of Amendment_03262018_text Page 2 of 3\n\n\n\nCPF 1-2018-5014M\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n120185014M_Notice of Amendment_03262018_text Page 3 of 3\n\n120185014M_Closure Letter_09172019_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nSeptember 17, 2019\nMr. James Fedena\nSenior Vice President of Logistics\nDelaware Pipeline Company, LLC\n1 Sylvan Way, 2nd Floor\nParisppany, NJ 07054\nCPF 1-2018-5014M\nDear Mr. Fedena:\nFrom December 5, 2016 to December 8, 2016, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Delaware Pipeline Company, LLC’s (Delaware)\nprocedures in Delaware City, DE. As a result of the inspection, Delaware was issued a Notice of\nAmendment on March 26, 2018, which proposed amendment of your procedures.\nDelaware submitted its amended procedures and on August 15, 2019 Delaware submitted its\nResponse Letter. My staff reviewed the amended procedures, and it appears that the inadequacies\noutlined in this Notice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":7776}