# FERRELLGAS — Notice of Amendment - **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:** Not available - **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. Official case documents: 320190002M_Closure Letter_03042020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190002M/320190002M_Closure%20Letter_03042020.pdf 320190002M_Closure Letter_03042020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190002M/320190002M_Closure%20Letter_03042020_text.pdf 320190002M_Notice of Amendment_04292019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190002M/320190002M_Notice%20of%20Amendment_04292019.pdf 320190002M_Notice of Amendment_04292019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190002M/320190002M_Notice%20of%20Amendment_04292019_text.pdf 320190002M_Operator Response to Notice_07102019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320190002M/320190002M_Operator%20Response%20to%20Notice_07102019.pdf 320190002M_Notice of Amendment_04292019_text.pdf NOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED April 29, 2019 Jordan Burns Vice President - Legal Ferrellgas One Liberty Plaza Liberty, MO 64068 CPF 3-2019-0002M Dear Mr. Burns: On August 7-9, 2018, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Ferrellgas’ procedures for Operations and Maintenance in Green Bay, Wisconsin. On the basis of the inspection, PHMSA has identified the apparent inadequacies found within Ferrellgas’ plans or procedures, as described below: 1. §192.614 Damage prevention program. (a) Except as provided in paragraphs (d) and (e) of this section, each operator of a buried pipeline must carry out, in accordance with this section, a written program to prevent damage to that pipeline from excavation activities. For the purposes of this section, the term “excavation activities” includes excavation, blasting, boring, tunneling, backfilling, the removal of aboveground structures by either explosive or mechanical means, and other earthmoving operations. Ferrellgas’ procedures failed to state how locates performed by personnel were to be documented and maintained. PHMSA’s inspection found no documentation of the locates performed by personnel was being kept. The technician was calling back to the office and just relating that the locates had been performed but no records were made. A review of Ferrellgas’ procedure showed no documentation of locates was specified. Ferrellgas must amend its procedures to specify recording and maintenance of this action taken to locate its facilities for damage prevention. 2. §192.805 Qualification program. Each operator shall have and follow a written qualification program. The program shall include provisions to: (a) . . . . (b) Ensure through evaluation that individuals performing covered tasks are qualified; §192.803 Definitions. Qualified means that an individual has been evaluated and can: (a) . . . . (b) Recognize and react to abnormal operating conditions. Ferrellgas’ written qualification program fails to identify any reaction to abnormal operating conditions. Their program identifies abnormal operating conditions but does not state an appropriate reaction. Ferrellgas must amend its written qualification program to include reaction to the identified abnormal operating conditions for all its covered tasks. Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). 2 Following the receipt of this Notice, you have 30 days to submit written comments, revised procedures, or a request for a hearing under §190.211. If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within [number of days] days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. It is requested (not mandated) that Ferrellgas maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to Allan Beshore, Director, Central Region, OPS, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer to CPF 3-2019-0002M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Allan C. Beshore Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings 3 320190002M_Closure Letter_03042020_text.pdf CERTIFIED MAIL - RETURN RECEIPT REQUESTED March 4, 2020 Jordan Burns Vice Presiden - Legal Ferrellgas One Liberty Plaza Liberty, Missouri 64068 CPF 3-2019-0002M Dear Mr. Burns: On August 7-9, 2018, representatives from the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on- site pipeline safety inspection of Ferrellgas procedures for Operations & Maintenance, Damage Prevention, Public Awareness, Operator Qualifications, Integrity Management and Emergency Response in Green Bay, Wisconsin. As a result of the inspection, Ferrellgas was issued a Notice of Amendment (Notice) on April 29, 2019, which proposed amendment of your procedures. Ferrellgas responded to the Notice on November 12, 2019, with your amended procedures. My staff reviewed the amended procedures and it appears that the inadequacies outlined in this Notice have been corrected. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, Allan C. Beshore Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration Copy: Rufus Youngblood, Director Safety, Ferrellgas, One Liberty Plaza, Liberty, MO 64086 - **truncated:** false - **body characters:** 7401