{"operation":"document","citation":"CPF 420145034W","title":"PANTHER OPERATING COMPANY, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-12-10","effective_on":null,"summary":"CLOSED warning letter citing 195.446(e)(4), 195.446(e)(5), 195.446(h).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145034w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145034w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420145034w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420145034W","body":"Warning Letter involving PANTHER OPERATING COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 195.446(e)(4),  195.446(e)(5),  195.446(h). The case was opened on 2014-12-10 and is reported as closed as of 2014-12-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420145034W_Warning_12102014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145034W/420145034W_Warning_12102014.pdf\n\n420145034W_Warning_12102014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420145034W/420145034W_Warning_12102014_text.pdf\n\n420145034W_Warning_12102014_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 10, 2014\nMr. Jeff Shipper\nPanther Pipeline, LTD.\n16000 Stuebner Airline, Suite 420\nSpring, TX 77379\nCPF 4-2014-5034W\nDear Mr. Shipper:\nOn June 17, 2014, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Panther\nPipeline, LTD. (Panther) Control Room facilities in Texas City, TX.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. §195.446 Control room management\n(e) Alarm management. Each operator using a SCADA system must have a written\nalarm management plan to provide for effective controller response to alarms. An\noperator's plan must include provisions to:\n(4) Review the alarm management plan required by this paragraph at least once\neach calendar year, but at intervals not exceeding 15 months, to determine the\neffectiveness of the plan\n\n\n\nAt the time of the control room inspection, Panther had not performed a review of their alarm\nmanagement plan at least once each calendar year, but at intervals not exceeding 15 months, to\ndetermine the effectiveness of the plan.\nPanther could not produce documentation to show that the alarm management plan was reviewed\nfor effectiveness for calendar year 2013.\n2. §195.446 Control room management\n(e) Alarm management. Each operator using a SCADA system must have a written\nalarm management plan to provide for effective controller response to alarms. An\noperator's plan must include provisions to:\n(5) Monitor the content and volume of general activity being directed to and\nrequired of each controller at least once each calendar year, but at intervals not\nexceeding 15 months, that will assure controllers have sufficient time to analyze and\nreact to incoming alarms\nAt the time of the control room inspection, Panther had not monitored the content and volume of\ngeneral activity being directed to and required of each controller at least once each calendar year,\nbut at intervals not exceeding 15 months, that will assure controllers have sufficient time to\nanalyze and react to incoming alarms.\nPanther could not produce documentation to show the content and volume of general activity\nbeing directed to and required of each controller was monitored for calendar year 2013.\n3. §195.446 Control room management\n(h) Training. Each operator must establish a controller training program and\nreview the training program content to identify potential improvements at least\nonce each calendar year, but at intervals not to exceed 15 months. An operator's\nprogram must provide for training each controller to carry out the roles and\nresponsibilities defined by the operator.\nAt the time of the control room inspection, Panther had not reviewed the training program\ncontent to identify potential improvements at least once each calendar year, but at intervals not to\nexceed 15 months.\nPanther could not produce documentation to show the training program content had been\nreviewed for calendar year 2013.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\n2\n\n\n\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 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 item(s) identified in this letter.\nFailure to do so will result in Panther Pipeline, LTD. being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2014-5034W. 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,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":5367}