{"operation":"document","citation":"CPF 220140015M","title":"FERRELLGAS — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-09-04","effective_on":null,"summary":"CLOSED notice of amendment citing 191.5(a), 192.285(a)(1), 192.285(a)(2), 192.285(b)(1), 192.285(c)(2), 192.475(b), 192.616(d), 192.616(j), 192.625(f)(1), 192.625(f)(2), 192.7(c), 192.751(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220140015m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220140015m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220140015m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220140015M","body":"Notice of Amendment involving FERRELLGAS. PHMSA's enforcement data identifies the cited regulations as 191.5(a),  192.285(a)(1),  192.285(a)(2),  192.285(b)(1),  192.285(c)(2),  192.475(b),  192.616(d),  192.616(j),  192.625(f)(1),  192.625(f)(2),  192.7(c),  192.751(c). The case was opened on 2014-09-04 and is reported as closed as of 2014-11-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220140015M_closure letter_11042014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220140015M/220140015M_closure%20letter_11042014.pdf\n\n220140015M_closure letter_11042014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220140015M/220140015M_closure%20letter_11042014_text.pdf\n\n220140015M_notice of amendment_09042014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220140015M/220140015M_notice%20of%20amendment_09042014.pdf\n\n220140015M_notice of amendment_09042014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220140015M/220140015M_notice%20of%20amendment_09042014_text.pdf\n\n220140015M_Operator Response Notice_10062014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220140015M/220140015M_Operator%20Response%20Notice_10062014.pdf\n\n220140015M_notice of amendment_09042014_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 4, 2014\nMr. Stephen Wambold\nChief Executive Officer and President\nFerrellgas\n7500 College Boulevard, Suite 1000\nOverland Park, Kansas 66210\nCPF 2-2014-0015M\nDear Mr. Wambold:\nOn January 27-30, May 5, and May 28, 2014, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Southern Region, Office of Pipeline Safety (OPS)\ninspected the Ferrellgas written Pipeline Manual (PM), pursuant to Chapter 601 of 49 United\nStates Code.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies found within\nFerrellgas' plans or procedures, as described below:\n1. § 191.5 Immediate notice of certain incidents.\n(a) At the earliest practicable moment following discovery, each operator shall give\nnotice in accordance with paragraph (b) of this section of each incident as defined in\n§191.3.\nFerrellgas’ written procedures for immediate notice of certain incidents defined an\nincident in a manner inconsistent with the definition of incident found in the federal\npipeline safety regulations in §191.3.\nThat is, Ferrellgas defined an incident in Section One – Operations and Maintenance,\nIncident Reports of its written PM as \"Damage, including the cost of lost LP gas of\n$50,000 or greater,\" while the definition of an incident in §191.3 specifically excludes the\ncost of lost gas from property damage estimates.\n2. § 192.7 What documents are incorporated by reference partly or wholly in this\npart?\n... (c) The full titles of documents incorporated by reference, in whole or in part, are\nprovided herein. The numbers in parentheses indicate applicable editions. For each\nincorporated document, citations of all affected sections are provided. Earlier\n1\n\n\n\n3. 4. 5. editions of currently listed documents or editions of documents listed in previous\neditions of 49 CFR part 192 may be used for materials and components designed,\nmanufactured, or installed in accordance with these earlier documents at the time\nthey were listed. The user must refer to the appropriate previous edition of 49 CFR\npart 192 for a listing of the earlier listed editions or documents.\n... (2) Documents incorporated by reference.\n... (F) National Fire Protection Association (NFPA)\n... (2) NFPA 58 (2004), \"Liquefied Petroleum Gas Code (LP-Gas Code).\"\nFerrellgas’ written procedures incorrectly referenced NFPA 58 editions that were not\nincorporated by reference into Part 192.\nThat is, the Ferrellgas written procedures manual referenced the 2001 and 2008 editions of\nNFPA 58, while the 2004 edition of NFPA 58 is the only edition of the standard\nincorporated by reference into Part 192.\n§ 192.285 Plastic pipe: Qualifying persons to make joints.\n(a) No person may make a plastic pipe joint unless that person has been qualified\nunder the applicable joining procedure by:\n(1) Appropriate training or experience in the use of the procedure; and\n(2) Making a specimen joint from pipe sections joined according to the procedure\nthat passes the inspection and test set forth in paragraph (b) of this section.\nFerrellgas’ written procedures for joining plastic pipe did not include a restriction that no\nperson may make a plastic pipe joint unless that person has been qualified under the\napplicable joining procedure as specified by paragraphs 192.285(a)(1) and (2).\n§ 192.285 Plastic pipe: Qualifying persons to make joints.\n... (b) The specimen joint must be:\n(1) Visually examined during and after assembly or joining and found to have the\nsame appearance as a joint or photographs of a joint that is acceptable under the\nprocedure;\nFerrellgas’ written procedures for qualifying persons to make plastic pipe joints did not\nrequire specimen joints to be visually examined during and after assembly or joining and\nfound to have the same appearance as a joint or photographs of a joint that is acceptable\nunder the procedure.\n§ 192.285 Plastic pipe: Qualifying persons to make joints.\n... (c) A person must be requalified under an applicable procedure, if during any\n12-month period that person:\n... (2) Has 3 joints or 3 percent of the joints made, whichever is greater, under that\nprocedure that are found unacceptable by testing under §192.513.\nFerrellgas’ written procedures for qualifying persons to make plastic pipe joints did not\nrequire a person who made 3 unacceptable joints be requalified. The Ferrellgas\nprocedures only required requalification for the \"[f]ailure of three percent or more of\njoints inspected.\"\n2\n\n\n\n6. § 192.475 Internal corrosion control: General.\n... (b) Whenever any pipe is removed from a pipeline for any reason, the internal\nsurface must be inspected for evidence of corrosion. If internal corrosion is found—\nFerrellgas’ written corrosion control procedures did not require the internal surface of the\npipe to be inspected for signs of internal corrosion when the pipe was removed.\n7. § 192.616 Procedural manual for operations, maintenance, and emergencies\n... (d) Safety-related condition reports. The manual required by paragraph (a) of\nthis section must include instructions enabling personnel who perform operation and\nmaintenance activities to recognize conditions that potentially may be safety-related\nconditions that are subject to the reporting requirements of §191.23 of this\nsubchapter.\nFerrellgas’ written procedures manual did not include instructions enabling personnel who\nperform operation and maintenance activities to recognize conditions that potentially may\nbe safety-related conditions.\n8. § 192.616 Public awareness.\n... (j) Unless the operator transports gas as a primary activity, the operator of a\nmaster meter or petroleum gas system is not required to develop a public awareness\nprogram as prescribed in paragraphs (a) through (g) of this section. Instead the\noperator must develop and implement a written procedure to provide its customers\npublic awareness messages twice annually. If the master meter or petroleum gas\nsystem is located on property the operator does not control, the operator must\nprovide similar messages twice annually to persons controlling the property. The\npublic awareness message must include:\n(1) A description of the purpose and reliability of the pipeline;\n(2) An overview of the hazards of the pipeline and prevention measures used;\n(3) Information about damage prevention;\n(4) How to recognize and respond to a leak; and\n(5) How to get additional information.\nFerrellgas’ written public awareness procedures did not address public awareness\nmessages for non-customers when portions of petroleum gas systems are located on\nproperty the operator does not control and did not specify how the operator would\ndocument who received the notices.\n9. §192.625 Odorization of gas.\n... (f) To assure the proper concentration of odorant in accordance with this section,\neach operator must conduct periodic sampling of combustible gases using an\ninstrument capable of determining the percentage of gas in air at which the odor\nbecomes readily detectable. Operators of master meter systems may comply with this\nrequirement by\n(1) Receiving written verification from their gas source that the gas has the proper\nconcentration of odorant; and\n(2) Conducting periodic \"sniff\" tests at the extremities of the system to confirm that\nthe gas contains odorant.\n3\n\n\n\nFerrellgas’ written procedures for gas odorization did not require the periodic sampling of\ncombustible gases using an instrument capable of determining the percentage of gas in air\nat which the odor becomes readily detectable.\n10. § 192.751 Prevention of accidental ignition.\nEach operator shall take steps to minimize the danger of accidental ignition of gas in\nany structure or area where the presence of gas constitutes a hazard of fire or\nexplosion, including the following:\n... (c) Post warning signs, where appropriate.\nFerrellgas’ procedure for preventing accidental ignition of gas did not require the operator\nto post warning signs, where appropriate.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade 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\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 60 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that Ferrellgas maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\nof plans, procedures) and submit the total to Wayne T. Lemoi, Director, Southern Region,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 2-2014-0015M and, for each document you submit, please\nprovide a copy in electronic format whenever possible.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n4\n\n220140015M_closure letter_11042014_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 4, 2014\nMr. Stephen Wambold\nChief Executive Officer and President\nFerrellgas\n7500 College Boulevard, Suite 1000\nOverland Park, Kansas 66210\nCPF 2-2014-0015M\nDear Mr. Wambold:\nBetween January 27 and May 28, 2014, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Southern Region, Office of Pipeline Safety (OPS)\ninspected the Ferrellgas written Pipeline Manual, pursuant to Chapter 601 of 49 United States\nCode. As a result of the inspection, PHMSA issued a Notice of Amendment (NOA) on\nSeptember 4, 2014.\nFerrellgas responded to the NOA in a letter dated October 6, 2014, which was received by the\nOPS Southern Region on October 20, 2014. The OPS Southern Region reviewed the written\nresponse and subsequently held conversations with Ferrellgas personnel. As a result, we find\nFerrellgas’ response adequate. Therefore, this letter is to inform you that Ferrellgas has\ncomplied with the terms of the NOA and that no further action is necessary with regards to the\nNOA. This case is now closed.\nPlease be advised that this letter refers only to the above referenced order\n(CPF 2-2014-0015M) and not to any other PHMSA cases, if any.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\ncc: Rufus Youngblood\nFerrellgas Director Safety\nOne Liberty Plaza\nLiberty, MO 64068","truncated":false,"body_characters":13048}