{"operation":"document","citation":"CPF 320195005M","title":"EXPRESS HOLDINGS (USA), LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-11","effective_on":null,"summary":"CLOSED notice of amendment citing 195.505.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195005m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195005m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195005m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320195005M","body":"Notice of Amendment involving EXPRESS HOLDINGS (USA), LLC. PHMSA's enforcement data identifies the cited regulation as 195.505. The case was opened on 2019-01-11 and is reported as closed as of 2019-10-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320195005M_Closure Letter_10092019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195005M/320195005M_Closure%20Letter_10092019.pdf\n\n320195005M_Closure Letter_10092019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195005M/320195005M_Closure%20Letter_10092019_text.pdf\n\n320195005M_Notice of Amendment_01112019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195005M/320195005M_Notice%20of%20Amendment_01112019.pdf\n\n320195005M_Notice of Amendment_01112019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195005M/320195005M_Notice%20of%20Amendment_01112019_text.pdf\n\n320195005M_Operator Response to Notice_02122019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195005M/320195005M_Operator%20Response%20to%20Notice_02122019.pdf\n\n320195005M_Closure Letter_10092019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 09, 2019\nMr. Bradley Shamla\nVice President, US Operations\nEnbridge Inc.\nExpress Holdings (USA), LLC\n7701 France Ave. S. Suite 600\nEdina, MN 55435\nCPF 3-2019-5005M\nDear Mr. Shamla:\nFrom November 14, 2016 and February 3, 2017, representatives from the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code, conducted an on-site pipeline safety inspection of Express Holdings (USA),\nLLC’s procedures for Operator Qualification. As a result of the inspection, Endbridge was\nissued a Notice of Amendment on January 11, 2019, which proposed amendment of your\nprocedures.\nExpress Holdings (USA), LLC’s submitted its amended procedures on February 12, 2019. My\nstaff reviewed the amended procedures, and it appears that the inadequacies outlined in this\nNotice of Amendment 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\n\n320195005M_Notice of Amendment_01112019_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 11, 2019\nMr. Bradley Shamla\nVice President, US Operations\nEnbridge Inc.\nExpress Holdings (USA), LLC\n7701 France Ave. S. Suite 600\nEdina, MN 55435\nCPF 3-2019-5005M\nDear Bradley Shamla:\nBetween November 14, 2016 and February 3, 2017, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United\nStates Code, inspected Express Holdings (USA), LLC’s procedures for Operator\nQualification.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nExpress Holdings (USA) LLC’s plans or procedures, as described below:\n1. §195.505 Qualification Program.\nEach operator shall have and follow a written qualification program. The program shall\ninclude provisions to: (a) Identify covered tasks.\nThe Express Holdings (USA), LLC OQ Program is inadequate because it did not include\nadequate provisions to identify covered tasks in accordance with the four-part definition in\n§195.501(b)(1) – (4). Specifically, it did not clarify how the provisions in 49\nCFR§195.501(b)(1) – (4) were referenced or utilized to identify covered tasks.\n\n\n\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).\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\nto amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you\nare not contesting this Notice, we propose that you submit your amended procedures to my\noffice within 45 days of receipt of this Notice. This period may be extended by written\nrequest for good cause. Once the inadequacies identified herein have been addressed in your\namended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Express Holdings (USA), LLC maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Allan C. Beshore, Director,\nCentral Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 3-2019-5005M and, for each document you\nsubmit, please provide a copy in electronic format whenever possible.\nSincerely,\nAllan C. Beshore\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\nCc: David Stafford\nEnbridge Inc.\nManager, US Pipeline Compliance\n119 N. 25th Street East\nSuperior, WI 54880\n2","truncated":false,"body_characters":6135}