{"operation":"document","citation":"CPF 12022046WL","title":"MENZIES AVIATION — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-04-26","effective_on":null,"summary":"CLOSED warning letter citing 195.446(a), 195.446(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022046wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022046wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022046wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022046WL","body":"Warning Letter involving MENZIES AVIATION. PHMSA's enforcement data identifies the cited regulations as 195.446(a),  195.446(c)(3). The case was opened on 2022-04-26 and is reported as closed as of 2022-04-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022046WL_Warning Letter_04262022_(21-199432).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022046WL/12022046WL_Warning%20Letter_04262022_(21-199432).pdf\n\n12022046WL_Warning Letter_04262022_(21-199432)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022046WL/12022046WL_Warning%20Letter_04262022_(21-199432)_text.pdf\n\n12022046WL_Warning Letter_04262022_(21-199432)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nApril 26, 2022\nMr. Michael Farris\nGeneral Manager\nMenzies Aviation\n6000 De Havilland Drive\nAnchorage, Alaska 99502\nCPF 1-2022-046-WL\nDear Mr. Farris:\nFrom May 3, 2021 to May 7, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nthe control room management program of Menzies Aviation’s Jet Fuel Crosstown Pipeline, located\nfrom the Port of Anchorage to the Anchorage Airport Storage Facility in Anchorage, Alaska.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 195.446 Control Room Management.\n(a) General. This section applies to each operator of a pipeline\nfacility with a controller working in a control room who monitors and\ncontrols all or part of a pipeline facility through a SCADA system. Each\noperator must have and follow written control room management\nprocedures that implement the requirements of this section…\nMenzies Aviation failed to follow its Jet Fuel Pipeline Control Room Management Compliance\nManual (CRM Manual), Section 6.8 which required a review of its alarm management plan at least\n\n\n\nCPF 1-2022-046-WL\nonce each calendar year, but at intervals not exceeding 15 months to determine the effectiveness\nof the plan in accordance with § 195.446(e)(4)1\n.\nDuring the inspection, Menzies Aviation was asked to produce documentation to show that its\nalarm management plan was reviewed annually from 2018 to 2020 to determine the effectiveness\nof the plan. Menzies Aviation produced documentation that indicated that its plan was reviewed\nin 2018 and 2020, but a record for the 2019 review was missing.\nIn addition, PHMSA reviewed the documentation for the 2018 and 2020 reviews and found that it\ndid not include clear metrics to indicate how to determine the effectiveness of the plan.\nTherefore, Menzies Aviation failed to follow its CRM Manual regarding review of its alarm\nmanagement plan in accordance with the requirements of § 195.446(e)(4).\n2. § 195.446 Control Room Management.\n(a) General. This section applies to each operator of a pipeline\nfacility with a controller working in a control room who monitors and\ncontrols all or part of a pipeline facility through a SCADA system. Each\noperator must have and follow written control room management\nprocedures that implement the requirements of this section…\nMenzies Aviation failed to follow its CRM Manual, Section 6.7 which required the verification of\nthe correct safety related alarm set-point values at least once each calendar year, but at intervals\nnot exceeding 15 months in accordance with § 195.446(e)(3)2\n.\nDuring the inspection, Menzies Aviation was asked to produce documentation to demonstrate that\nthe correct safety-related values and alarm descriptions were verified when associated field\ninstruments were calibrated or changed. Menzies Aviation stated that alarm set-point values are\nverified during point-to-point verifications. Menzies Aviation produced documentation of point-\nto-point verifications that were performed in 2018 and 2020 but did not have documentation to\nshow that point-to-point verification was performed in 2019. Thus, Menzies Aviation also did not\nhave documentation demonstrating that the correct safety related alarm set-point values were\nverified in 2019.\n1 § 195.446 Control Room Management.\n(a) ….\n(e) Alarm management. Each operator using a SCADA system must have a written alarm management plan to\nprovide for effective controller response to alarms. An operator’s plan must include provisions to:\n(1) …\n(4) Review the alarm management plan required by this paragraph at least once each calendar year, but at intervals\nnot exceeding 15 months to determine the effectiveness of the plan;\n2 § 195.446 Control Room Management.\n(a) …\n(e) Alarm Management. Each operator using a SCADA system must have a written alarm management plan to\nprovide for effective controller response to alarms. An operator’s plan must include provisions to:\n(1) …\n(3) Verify the correct safety-related alarm set-point values and alarms when associated field instruments are\ncalibrated or changed and at least once each calendar year, but at intervals not to exceed 15 months.\n12022046WL_Warning Letter_04262022_(21-199432)_text Page 2 of 4\n\n\n\nCPF 1-2022-046-WL\nTherefore, for 2019 Menzies Aviation failed to follow its CRM Manual regarding verifying the\ncorrect safety related alarm set point values in accordance with § 195.446(e)(3).\n3. § 195.446 Control Room Management.\n(a) …\n(c) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes and procedures\nnecessary for the controllers to carry out the roles and responsibilities\nthe operator has defined by performing each of the following:\n(1) …\n(3) Test and verify an internal communication plan to provide\nadequate means for manual operation of the pipeline safely, at least\nonce each calendar year, but at intervals not to exceed 15 months.\nMenzies Aviation failed to test and verify its internal communication plan at least once each\ncalendar year, but at intervals not to exceed 15 months, during calendar years 2018 and 2019.\nDuring the inspection, Menzies Aviation was asked to produce documentation to show that the\ninternal communication plan has been tested and verified for manual operation of the pipeline\nsafely for 2018 to 2020. Menzies Aviation produced documentation to verify that the Internal\nCommunication Plan was tested in 2017 and 2020. Menzies Aviation did not have documentation\nto show that the Internal Communication Plan was tested in 2018 and 2019.\nTherefore, Menzies Aviation failed to test and verify its internal communication plan to provide\nadequate means for manual operation of the pipeline safely during calendar years 2018 and 2019\nin accordance with § 195.446(c)(3).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for a related\nseries of violations. For violation occurring on or after May 3, 2021 and before March 21, 2022,\nthe maximum penalty may not exceed $225,134 per violation per day the violation persists, up to\na maximum of $2,251,334 for a related series of violations. For violation occurring on or after\nJanuary 11, 2021 and before May 3, 2021, the maximum penalty may not exceed $222,504 per\nviolation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violation occurring on or after July 31, 2019 and before January 11, 2021, the\nmaximum penalty may not exceed $218,647 per violation per day the violation persists, up to a\nmaximum of $2,186,465 for a related series of violations. For violation occurring on or after\nNovember 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per\nviolation per day, with a maximum penalty not to exceed $2,132,679. For violation occurring on\nor after November 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022.\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\n12022046WL_Warning Letter_04262022_(21-199432)_text Page 3 of 4\n\n\n\nCPF 1-2022-046-WL\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nMenzies Aviation being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2022-046-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12022046WL_Warning Letter_04262022_(21-199432)_text Page 4 of 4","truncated":false,"body_characters":9361}