{"operation":"document","citation":"CPF 12022047NOA","title":"MENZIES AVIATION — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-04-26","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(h)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022047noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022047noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022047noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022047NOA","body":"Notice of Amendment involving MENZIES AVIATION. PHMSA's enforcement data identifies the cited regulation as 195.446(h)(1). The case was opened on 2022-04-26 and is reported as closed as of 2022-08-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022047NOA_Closure Letter_08182022_(21-199432).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022047NOA/12022047NOA_Closure%20Letter_08182022_(21-199432).pdf\n\n12022047NOA_Closure Letter_08182022_(21-199432)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022047NOA/12022047NOA_Closure%20Letter_08182022_(21-199432)_text.pdf\n\n12022047NOA_Notice of Amendment_04262022_(21-199432).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022047NOA/12022047NOA_Notice%20of%20Amendment_04262022_(21-199432).pdf\n\n12022047NOA_Notice of Amendment_04262022_(21-199432)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022047NOA/12022047NOA_Notice%20of%20Amendment_04262022_(21-199432)_text.pdf\n\n12022047NOA_Operator Response to Notice_05242022_(21-199432).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022047NOA/12022047NOA_Operator%20Response%20to%20Notice_05242022_(21-199432).pdf\n\n12022047NOA_Notice of Amendment_04262022_(21-199432)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nApril 26, 2022\nMr. Michael Farris\nGeneral Manager\nMenzies Aviation\n6000 De Havilland Drive\nAnchorage, Alaska 99502\nCPF 1-2022-047-NOA\nDear Mr. Farris:\nFrom May 3, 2021 through May 7, 2021, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected Menzies Aviation’s control room management procedures for its Jet Fuel Crosstown\nPipeline located in Anchorage, Alaska.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy found within\nMenzies Aviation’s procedures, as described below:\n1. § 195.446 Control Room Management.\n(a) …\n(h) Training. Each operator must establish a controller training\nprogram and review the training program content to identify potential\nimprovements at least once each calendar year, but at intervals not to\nexceed 15 months. An operator’s program must provide for training\neach controller to carry out the roles and responsibilities defined by the\noperator. In addition, the training program must include the following\nelements:\n(1) Responding to abnormal operating conditions likely to occur\nsimultaneously or in sequence;\nMenzies Aviation’s control room management training program procedures were inadequate to\n\n\n\nCPF 1-2022-047-NOA\nassure safe operation of a pipeline facility. Specifically, Menzies Aviation’s training program\nprocedures failed to include elements for responding to abnormal operating conditions that are\nlikely to occur simultaneously or in sequence.\nDuring the inspection, PHMSA requested training procedures and documentation relevant to\n§ 195.446(h)(1). Menzies Aviation provided its Jet Fuel Pipeline Control Room Management\nCompliance Manual (CRM Manual), Section 10 - Training. This section repeated the regulations\nbut did not provide any training details or a list of abnormal operating conditions likely to occur\nsimultaneously or in sequence.\nTherefore, Menzies Aviation’s training program procedures failed to include elements for\nresponding to abnormal operating conditions that are likely to occur simultaneously or in sequence.\nMenzies Aviation must revise its procedures to include details of its process for complying with\n§ 195.446(h)(1).\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 Enforcement\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 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 Menzies Aviation maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and\nHazardous Materials Safety Administration, 840 Bear Tavern Road, Suite 300, West Trenton, NJ\n08628. In correspondence concerning this matter, please refer to CPF 1-2022-047-NOA and, for\neach document you submit, please provide a copy in electronic format whenever possible. Smaller\n12022047NOA_Notice of Amendment_04262022_(21-199432)_text Page 2 of 3\n\n\n\nCPF 1-2022-047-NOA\nfiles may be emailed to robert.burrough@dot.gov. Larger files should be sent on USB flash drive\naccompanied by the original paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n12022047NOA_Notice of Amendment_04262022_(21-199432)_text Page 3 of 3\n\n12022047NOA_Closure Letter_08182022_(21-199432)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nAugust 18, 2022\nMr. Michael Farris\nGeneral Manager\nMenzies Aviation\n6000 De Havilland Drive\nAnchorage, Alaska 99502\nCPF 1-2022-047-NOA\nDear Mr. Farris:\nFrom May 3 through May 7, 2021, representatives from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted a\nControl Room safety inspection of Menzies Aviation’s procedures for its Jet Fuel Crosstown\nPipeline located in Anchorage, Alaska. As a result of the inspection, Menzies Aviation was issued\na Notice of Amendment on April 26, 2022, which proposed amendment of your procedures.\nMenzies Aviation’s submitted its amended procedures on May 24, 2022. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave 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":7588}