{"operation":"document","citation":"CPF 320190002M","title":"FERRELLGAS — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-04-29","effective_on":null,"summary":"CLOSED notice of amendment citing 192.614(a), 192.803(b), 192.805(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320190002m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320190002m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320190002m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320190002M","body":"Notice of Amendment involving FERRELLGAS. PHMSA's enforcement data identifies the cited regulations as 192.614(a),  192.803(b),  192.805(b). The case was opened on 2019-04-29 and is reported as closed as of 2020-03-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320190002M_Closure Letter_03042020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190002M/320190002M_Closure%20Letter_03042020.pdf\n\n320190002M_Closure Letter_03042020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190002M/320190002M_Closure%20Letter_03042020_text.pdf\n\n320190002M_Notice of Amendment_04292019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190002M/320190002M_Notice%20of%20Amendment_04292019.pdf\n\n320190002M_Notice of Amendment_04292019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190002M/320190002M_Notice%20of%20Amendment_04292019_text.pdf\n\n320190002M_Operator Response to Notice_07102019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190002M/320190002M_Operator%20Response%20to%20Notice_07102019.pdf\n\n320190002M_Notice of Amendment_04292019_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 29, 2019\nJordan Burns\nVice President - Legal\nFerrellgas\nOne Liberty Plaza\nLiberty, MO 64068\nCPF 3-2019-0002M\nDear Mr. Burns:\nOn August 7-9, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nFerrellgas’ procedures for Operations and Maintenance in Green Bay, Wisconsin.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nFerrellgas’ plans or procedures, as described below:\n1. §192.614 Damage prevention program.\n(a) Except as provided in paragraphs (d) and (e) of this section, each operator of a\nburied pipeline must carry out, in accordance with this section, a written\nprogram to prevent damage to that pipeline from excavation activities. For the\npurposes of this section, the term “excavation activities” includes excavation,\nblasting, boring, tunneling, backfilling, the removal of aboveground structures by\neither explosive or mechanical means, and other earthmoving operations.\n\n\n\nFerrellgas’ procedures failed to state how locates performed by personnel were to be\ndocumented and maintained. PHMSA’s inspection found no documentation of the\nlocates performed by personnel was being kept. The technician was calling back to the\noffice and just relating that the locates had been performed but no records were made.\nA review of Ferrellgas’ procedure showed no documentation of locates was specified.\nFerrellgas must amend its procedures to specify recording and maintenance of this\naction taken to locate its facilities for damage prevention.\n2. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(a) . . . .\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\n§192.803 Definitions.\nQualified means that an individual has been evaluated and can:\n(a) . . . .\n(b) Recognize and react to abnormal operating conditions.\nFerrellgas’ written qualification program fails to identify any reaction to abnormal\noperating conditions. Their program identifies abnormal operating conditions but does\nnot state an appropriate reaction. Ferrellgas must amend its written qualification\nprogram to include reaction to the identified abnormal operating conditions for all its\ncovered tasks.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. 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).\n2\n\n\n\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\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged\nin this Notice without further notice to you and to issue an Order Directing Amendment. If\nyour plans or procedures are found inadequate as alleged in this Notice, you may be ordered to\namend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are\nnot contesting this Notice, we propose that you submit your amended procedures to my office\nwithin [number of days] days of receipt of this Notice. This period may be extended by\nwritten request for good cause. Once the inadequacies identified herein have been addressed\nin your amended procedures, this enforcement action will 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 Allan Beshore, Director, Central Region, OPS,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 3-2019-0002M and, for each document you submit, please\nprovide a copy in electronic format whenever possible.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3\n\n320190002M_Closure Letter_03042020_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 4, 2020\nJordan Burns\nVice Presiden - Legal\nFerrellgas\nOne Liberty Plaza\nLiberty, Missouri 64068\nCPF 3-2019-0002M\nDear Mr. Burns:\nOn August 7-9, 2018, representatives from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-\nsite pipeline safety inspection of Ferrellgas procedures for Operations & Maintenance, Damage\nPrevention, Public Awareness, Operator Qualifications, Integrity Management and Emergency\nResponse in Green Bay, Wisconsin. As a result of the inspection, Ferrellgas was issued a\nNotice of Amendment (Notice) on April 29, 2019, which proposed amendment of your\nprocedures.\nFerrellgas responded to the Notice on November 12, 2019, with your amended procedures. My\nstaff reviewed the amended procedures and it appears that the inadequacies outlined in this\nNotice have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nCopy: Rufus Youngblood, Director Safety, Ferrellgas, One Liberty Plaza, Liberty, MO 64086","truncated":false,"body_characters":7401}