{"operation":"document","citation":"CPF 12022063NOA","title":"KIANTONE PIPELINE CORP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-11-03","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022063noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022063noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022063noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022063NOA","body":"Notice of Amendment involving KIANTONE PIPELINE CORP. PHMSA's enforcement data identifies the cited regulation as 195.446(a). The case was opened on 2022-11-03 and is reported as closed as of 2023-02-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022063NOA_Closure Letter_02162023_(21-199433).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022063NOA/12022063NOA_Closure%20Letter_02162023_(21-199433).pdf\n\n12022063NOA_Closure Letter_02162023_(21-199433)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022063NOA/12022063NOA_Closure%20Letter_02162023_(21-199433)_text.pdf\n\n12022063NOA_Notice of Amendment_11032022_(21-199433).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022063NOA/12022063NOA_Notice%20of%20Amendment_11032022_(21-199433).pdf\n\n12022063NOA_Notice of Amendment_11032022_(21-199433)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022063NOA/12022063NOA_Notice%20of%20Amendment_11032022_(21-199433)_text.pdf\n\n12022063NOA_Operator Response to Notice_12022022_(21-199433).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022063NOA/12022063NOA_Operator%20Response%20to%20Notice_12022022_(21-199433).pdf\n\n12022063NOA_Notice of Amendment_11032022_(21-199433)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nNovember 3, 2022\nMr. Dave Wortman\nVice President, Supply and Transportation\nKiantone Pipeline Corp\n15 Bradley Street\nPO Box 780\nWarren, Pennsylvania 16365\nCPF 1-2022-063-NOA\nDear Mr. Wortman:\nFrom August 9, 2021 through August 13, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Kiantone Pipeline Corp’s (Kiantone) procedures for control room management for its\nWest Seneca, New York control room.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy found within\nKiantone’s plans or procedures, as described below:\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. The\nprocedures required by this section must be integrated, as appropriate,\nwith the operator's written procedures required by § 195.402. An\noperator must develop the procedures no later than August 1, 2011, and\nmust implement the procedures according to the following schedule.\nThe procedures required by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f)\nand (g) of this section must be implemented no later than October 1,\n\n\n\n2011. The procedures required by paragraphs (c)(1) through (4),\n(d)(1), (d)(4), and (e) must be implemented no later than August 1, 2012.\nThe training procedures required by paragraph (h) must be\nimplemented no later than August 1, 2012, except that any training\nrequired by another paragraph of this section must be implemented no\nlater than the deadline for that paragraph.\nKiantone’s control room management procedures were inadequate to ensure safe operation of a\npipeline facility. Specifically, Kiantone’s written control room management procedures failed to\ninclude procedures for testing backup SCADA systems in accordance with § 195.446(c)(4).\n1\nDuring the inspection, PHMSA asked Kiantone to submit procedures addressing the testing of\nbackup SCADA systems. Kiantone stated that they do not have backup SCADA systems and thus\nthey did not need to have a procedure for testing any backup SCADA system. However, in the\nCRM Form submitted to PHMSA prior to the inspection, Kiantone listed backup control rooms at\nGowanda Booster Station and Warren Lab with SCADA and communication systems with similar\nfunctionality as the primary control room.\n2 In addition, Kiantone’s Control Room Procedures\nidentify Gowanda Booster Station and Warren Lab as redundant control rooms.3\nTherefore, Kiantone’s control room management procedures were inadequate as they lacked any\nprocedures or specific details about testing Kiantone’s backup SCADA systems. Kiantone must\ndevelop a procedure for testing backup SCADA systems including redundant servers and\ncommunication systems.\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\n1 § 195.446 Control Room Management\n(a) …\n(c) Provide adequate information. Each operator must provide its controllers with the information, tools, processes\nand procedures necessary for the controllers to carry out the roles and responsibilities the operator has defined by\nperforming each of the following:\n(1) ..\n(4) Test any backup SCADA systems at least once each calendar year, but at intervals not to exceed 15 months:\n2 In Item 24 of the CRM Form submitted to PHMSA, Off-site Backup Control Room, Kiantone identified 2 off-site\nbackup control rooms with the same capability as the primary located in zip codes 14070 and 16365, which correlate\nwith the aforementioned sites.\n3 PHMSA defines “backup SCADA systems” as independent or redundant systems that provide similar functionality\nto the primary SCADA system. See, PHMSA Control Room Management FAQ C-08 available at faqscontrol-room-\nmanagement20180726 1.docx (live.com) (Last accessed October 11, 2022).\n\n\n\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 Kiantone Pipeline Corp 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 1-2022-063-NOA and, for\neach document you submit, please provide a copy in electronic format whenever possible. Smaller\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\n\n12022063NOA_Closure Letter_02162023_(21-199433)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nFebruary 16, 2023\nMr. Dave Wortman\nVice President, Supply and Transportation\nKiantone Pipeline Corp\n15 Bradley Street\nPO Box 780\nWarren, Pennsylvania 16365\nCPF 1-2022-063-NOA\nDear Mr. Wortman:\nFrom August 9, 2021, through August 13, 2021, representatives from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\nconducted a pipeline safety inspection of Kiantone Pipeline Corp’s (Kiantone) procedures for\ncontrol room management for its West Seneca, New York control room. As a result of the\ninspection, Kiantone was issued a Notice of Amendment on November 3, 2022, which proposed\namendment of your procedures.\nKiantone submitted its amended procedures on December 12, 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":9249}