{"operation":"document","citation":"CPF 220171007W","title":"UTILITY SAFETY AND DESIGN INC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-10-16","effective_on":null,"summary":"CLOSED warning letter citing 192.603(b), 192.917(c), 192.947(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220171007w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220171007w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220171007w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220171007W","body":"Warning Letter involving UTILITY SAFETY AND DESIGN INC. PHMSA's enforcement data identifies the cited regulations as 192.603(b),  192.917(c),  192.947(b). The case was opened on 2017-10-16 and is reported as closed as of 2017-10-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220171007W_Warning Letter_10162017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220171007W/220171007W_Warning%20Letter_10162017.pdf\n\n220171007W_Warning Letter_10162017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220171007W/220171007W_Warning%20Letter_10162017_text.pdf\n\n220171007W_Warning Letter_10162017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 16, 2017\nDarin L. Houchin, P.E.\nExecutive Vice President\nUtility Safety and Design, Inc.\n1927 Miller Dr.\nOlney, IL 62450\nCPF 2-2017-1007W\nDear Mr. Houchin:\nFrom June 19 - 23, 2017, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected the records and procedures for the United States Gypsum\n(USG) Bridgeport pipeline in Bridgeport, AL, pursuant to Chapter 601 of 49 United States Code\n(U.S.C.). The USG Bridgeport pipeline is operated by Utility Safety and Design, Inc. (USDI),\nAs a result of the inspection, it is alleged that USDI committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 192.947 What records must an operator keep?\nAn operator must maintain, for the useful life of the pipeline, records that demonstrate\ncompliance with the requirements of this subpart. At minimum, an operator must\nmaintain the following records for review during an inspection.\n(a) …\n(b) Documents to support any decision analysis and process developed and used to\nimplement and evaluate each element of the baseline assessment plan and integrity\nmanagement program. Documents include those developed and used in support of any\nidentification, calculation, amendment, modification, justification, deviation and\ndetermination made, and any action taken to implement and evaluate any of the\nprogram elements;\n\n\n\nUSDI failed to comply with the regulation because it did not maintain records demonstrating\ncompliance with Subpart O of CFR Part 192.\nIn July and August of 2014, in-line inspection (ILI) tools were run on the USG Bridgeport\npipeline in support of the continuing assessment requirements of Subpart O. USDI could\nnot produce records justifying the selection of ILI tools. More specifically, USDI could not\nproduce records demonstrating that, in accordance with 192.921(a), the selected method was\nsuitable to address the threats identified on the covered segment or that, in accordance with\n192.921(a)(1), the selection of ILI tools followed Section 6.2 of ASME/ANSI B31.8S\n(incorporated by reference, see §192.7).\n2. § 192.917 How does an operator identify potential threats to pipeline integrity and use\nthe threat identification in its integrity program?\n(a) …\n(b) Risk Assesment. An operator must conduct a risk assessment that follows\nASME/ANSI B31.8S, section 5, and considers the identified threats for each covered\nsegment. An operator must use the risk assessment to prioritize the covered segments\nfor the baseline and continual reassessments (§§192.919, 192.921, 192.937), and to\ndetermine what additional preventive and mitigative measures are needed (§192.935)\nfor the covered segment.\nUSDI failed to comply with the regulation because it did not use a risk assessment to\nprioritize covered segments on the USG Bridgeport pipeline for baseline and continual\nreassesments.\nWhen asked for the risk assessment showing the prioritization of covered segments, USDI\nproduced a report, dated July 12, 2010, titled “Bridgeport IMP Threat Analysis.” The\nanalysis evaluated threats to the pipeline within known high consequence areas (HCAs), but\ndid not include a risk assessment that prioritized the covered segments for the baseline and\ncontinual reassessments. USDI did not provide any additional risk assessment or\nprioritization documentation for the USG Bridgeport pipeline.\n3. § 192.603 General provisions.\n(a) …\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under § 192.605.\nUSDI failed to comply with the regulation because it did not keep records demonstrating\nthat it established and maintained liaison with appropriate fire, police, and other public\nofficials to exchange the information required by § 192.615(c).\n2\n\n\n\nWhen asked for records demonstrating that USDI had met with and exchanged the required\ninformation with the above-referenced public officials, USDI personnel described meetings\nwith personnel from various public offices, but indicated that they did not have records of\neither the meetings or the information that was discussed.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists up to a maximum of $2,090,022 for a\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in USDI 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 2-2017-1007W. 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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n3","truncated":false,"body_characters":6197}