{"operation":"document","citation":"CPF 320205017M","title":"EXPRESS HOLDINGS (USA), LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-10-07","effective_on":null,"summary":"CLOSED notice of amendment citing 195.452(j)(5)(iv).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205017m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205017m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205017m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320205017M","body":"Notice of Amendment involving EXPRESS HOLDINGS (USA), LLC. PHMSA's enforcement data identifies the cited regulation as 195.452(j)(5)(iv). The case was opened on 2020-10-07 and is reported as closed as of 2020-11-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320205017M_Closure Letter_11102020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205017M/320205017M_Closure%20Letter_11102020.pdf\n\n320205017M_Closure Letter_11102020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205017M/320205017M_Closure%20Letter_11102020_text.pdf\n\n320205017M_Notice of Amendment_10072020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205017M/320205017M_Notice%20of%20Amendment_10072020.pdf\n\n320205017M_Notice of Amendment_10072020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205017M/320205017M_Notice%20of%20Amendment_10072020_text.pdf\n\n320205017M_Operator Response to Notice_11062020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205017M/320205017M_Operator%20Response%20to%20Notice_11062020.pdf\n\n320205017M_Notice of Amendment_10072020_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: Michael.Koby@enbridge.com and\nDavid.Stafford@enbridge.com\nOctober 7, 2020\nMr. Michael Koby\nVice President, US Operations\nEnbridge Inc.\nExpress Holdings (USA), LLC\n7701 France Ave. S. Suite 600\nEdina, MN 55435\nCPF 3-2020-5017M\nDear Mr. Koby:\nFrom June 10, 2019 to September 13, 2019, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code, inspected your Express Holdings (USA), LLC (Express Holdings)\nprocedures for Integrity Management in Casper, Wyoming.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nExpress Holdings plans or procedures, as described below:\n1. §195.452 Pipeline integrity management in high consequence areas.\n(a) . . .\n(j) What is a continual process of evaluation and assessment to maintain a pipeline's\nintegrity? –\n(5) Assessment methods. An operator must assess the integrity of the line pipe by any\nof the following methods. The methods an operator selects to assess low frequency\n\n\n\nelectric resistance welded pipe or lap welded pipe susceptible to longitudinal seam\nfailure must be capable of assessing seam integrity and of detecting corrosion and\ndeformation anomalies.\n(i) . . .\n(iv) Other technology that the operator demonstrates can provide an equivalent\nunderstanding of the condition of the line pipe. An operator choosing this option\nmust notify OPS 90 days before conducting the assessment, by sending a notice to\nthe address or facsimile number specified in paragraph (m) of this section.\nExpress Holdings’ procedure PI-141, dated 3/20/2018, is inadequate because it does not include\nthe notification to OPS requirement of §195.452(j)(5)(iv) when “other technology” is selected as\nthe assessment tool as part of an integrity assessment. Express Holdings must amend their\nprocedures to include this requirement.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart 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 for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust 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 information\nqualifies 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 of\nreceipt 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 in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Express Holdings maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Allan Beshore, Director, Central Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 3-2020-5017M and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\n2\n\n\n\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: David Stafford, Manager, US Pipeline Compliance, David.Stafford@enbridge.com\n3\n\n320205017M_Closure Letter_11102020_text.pdf\n\nVIA ELECTRONIC MAIL TO: Michael.Koby@enbridge.com and\nDavid.Stafford@enbridge.com\nNovember 10, 2020\nMr. Micheal Koby\nVP, US Operations\nExpress Holdings (USA), LLC\n5400 Westheimer Court\nHouston, TX 77056\nRe: CPF 3-2020-5017M\nDear Mr. Koby:\nOn June 10-September 13, 2019, representatives from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted\nan on-site pipeline safety inspection of Expess Holdings(USA), LLC (Express Holdings)\nprocedures in Casper, WY. As a result of the inspection, Express Holdings was issued a Notice\nof Amendment on October 7, 2020, which proposed amendment of your procedures.\nExpress Holdings submitted its amended procedures on November 6, 2020. My staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: David Stafford, Manager, US Pipeline Compliance, David.Stafford@enbridge.com","truncated":false,"body_characters":6946}