{"operation":"document","citation":"CPF 420165008M","title":"CRESCENT MIDSTREAM, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-04-04","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.402(f), 195.413.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420165008m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420165008m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420165008m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420165008M","body":"Notice of Amendment involving CRESCENT MIDSTREAM, LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.402(f),  195.413. The case was opened on 2016-04-04 and is reported as closed as of 2018-06-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420165008M_Closure Letter_06112018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_Closure%20Letter_06112018.pdf\n\n420165008M_Closure Letter_06112018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_Closure%20Letter_06112018_text.pdf\n\n420165008M_Notice of Amendment_04042016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_Notice%20of%20Amendment_04042016.pdf\n\n420165008M_Notice of Amendment_04042016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_Notice%20of%20Amendment_04042016_text.pdf\n\n420165008M_Operator Response to Notice_04302018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_Operator%20Response%20to%20Notice_04302018.pdf\n\n420165008M_PHC Order Directing Amendment_12272016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_PHC%20Order%20Directing%20Amendment_12272016.pdf\n\n420165008M_PHC Order Directing Amendment_12272016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420165008M/420165008M_PHC%20Order%20Directing%20Amendment_12272016_text.pdf\n\n420165008M_Closure Letter_06112018_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 11, 2018\nLarry Alexander\nPresident\nCrimson Gulf, LLC\n263 Trinity Lane\nGray, Louisiana 70359\nCPF 4-2016-5008M\nDear Mr. Alexander:\nFrom March 2015 to July 2015, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site\npipeline safety inspection of Crimson Gulf, LLC (Crimson) procedures for Operations and\nMaintenance in Houma, Louisiana. As a result of the inspection, Crimson was issued a Notice of\nAmendment on April 4, 2016, which proposed amendment of your procedures. Then on December\n27, 2017, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to\nCrimson an Order Directing Amendment (ODA) in the above-referenced case.\nCrimson submitted amended procedures on March 14, 2018 and May 1, 2018. My staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this ODA have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420165008M_Notice of Amendment_04042016_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 4, 2016\nMr. Larry Alexander\nPresident\nCrimson Gulf, LLC\n263 Trinity Lane\nGray, LA 70359\nCPF 4-2016-5008M\nDear Mr. Alexander:\nOn March 2015 to July 2015, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Crimson\nGulf, LLC (Crimson Gulf) procedures for Operations and Maintenance in Houma, Louisiana.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nCrimson Gulf’s plans or procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline in accordance with each of the\nrequirements of this subpart and subpart H of this part.\nThroughout Crimson Gulf’s Operations and Maintenance Manual, Section H.1 Corrosion\nControl Procedures, the procedures replicate and paraphrase the regulations, and reference the\nregulations instead of their own processes and procedures. Crimson’s procedures must be\namended to be more specific to the Crimson system, provide adequate details and not simply\nparaphrase the regulations for conducting normal operations and maintenance activities.\n\n\n\nThe following sections of Crimson’s O&M Manual need to be amended:\n1. Section H.1., D.2 Pipelines That Must Have Coating for External Corrosion Control\nprocedure to meet the requirements of §195.557 Which pipelines must have coating for\nexternal corrosion control? Procedure paraphrases and references the regulations.\n2. Section H.1., D.3 Coating Materials procedure to meet the requirements of §195.559\nWhat coating material may I use for external corrosion control? The procedure lacks\nguidance and specifics on the coating material to be used.\n3. Section H.1., D.4 Pipe Coating Inspections procedure to meet the requirements of\n§195.561 When must I inspect pipe coating used for external corrosion control? The\nprocedure lacks detailed guidance and specifics.\n4. Section H.1., D.5 Pipelines Required to Have Cathodic Protection procedure to meet the\nrequirements of §195.563 Which pipelines must have cathodic protection? Their\nprocedure paraphrases and references the regulations.\n5. Section H.1., D.8 Test Leads-Installation & Maintenance procedure to meet the\nrequirements of §195.567 Which pipelines must have test leads and what must I do to\ninstall and maintain the leads? Their procedure paraphrases and references the\nregulations.\n6. Section H.1., D.9 Inspections of Exposed Sections of Pipe procedure to meet the\nrequirements of §195.569 Do I have to examine exposed portions of buried pipelines?\nTheir procedure paraphrases and references the regulations.\n7. Section H.1., D.11 Monitoring External Corrosion Control procedure to meet the\nrequirements of §195.573 What must I do to monitor external corrosion control? Their\nprocedure paraphrases and references the regulations.\n8. Section H.1., D.12 Electrical Isolations, Inspections, Tests, and Safeguards procedure to\nmeet the requirements of §195.575. Their procedure paraphrases and references the\nregulations.\n9. Section H.1., D.14 Mitigating Internal Corrosion procedure to meet the requirements of\n§195.579 What must I do to mitigate internal corrosion? Their procedure does not\naddress pipeline alignment features such as changes in elevation, low points, sharp bends,\nand dead legs that may contribute to internal corrosion by allowing water to settle out.\n10. Section H.1., D.15 Atmospheric Corrosion and Coating Materials procedure to meet the\nrequirements of §195.581 Which pipeline must I protect against atmospheric corrosion\nand what coating material may I use? Their procedure paraphrases and references the\nregulations, and lacks details.\n11. Section H.1., D.17 General Corrosion procedure to meet the requirements of §195.585\nWhat must I do to correct corroded pipe? Their procedure paraphrases and references the\nregulations and lacks details.\n12. Section H.1., D.18 How to Determine the Strength of Corroded Pipe procedure to meet\nthe requirements of §195.587 What methods are available to determine the strength of\ncorroded pipe? Their procedure paraphrases and references the regulations and lacks\ndetails.\n2\n\n\n\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(f) Safety-related condition reports. The manual required by paragraph (a) of this\nsection must include instructions enabling personnel who perform operation and\nmaintenance activities to recognize conditions that potentially may be safety-related\nconditions that are subject to the reporting requirements of §195.55.\nCrimson Gulf’s Operations and Maintenance Manual, Section B.3 Safety Related Condition\nReporting did not specify when and what information is required to be reported to PHMSA\nunder §195.55.\nCrimson’s procedure states that “once a condition is discovered and subsequently determined to\nbe a safety related condition that cannot be repaired, replaced or mitigated within 5 working\ndays, a Safety Related Condition Report must be filed by the DOT Compliance Advisor”. Their\nprocedure does not differentiate the reporting time limits between time of discovery and time of\ndetermination for safety related conditions as stated in §195.56(a).\nThe procedure also did not address the information required to be reported under §195.56(b).\n§195.413 Underwater inspection and reburial of pipelines in the Gulf of Mexico and its\ninlets.\n(a) Except for gathering lines of 41⁄2 inches (114mm) nominal outside diameter or\nsmaller, each operator shall prepare and follow a procedure to identify its pipelines in\nthe Gulf of Mexico and its inlets in waters less than 15 feet (4.6 meters) deep as\nmeasured from mean low water that are at risk of being an exposed underwater\npipeline or a hazard to navigation. The procedures must be in effect August 10, 2005.\n(b) Each operator shall conduct appropriate periodic underwater inspections of its\npipelines in the Gulf of Mexico and its inlets in waters less than 15 feet (4.6 meters) deep\nas measured from mean low water based on the identified risk.\n(c) If an operator discovers that its pipeline is an exposed underwater pipeline or poses\na hazard to navigation, the operator shall—\n(1) Promptly, but not later than 24 hours after discovery, notify the National Response\nCenter, telephone: 1-800-424-8802, of the location and, if available, the geographic\ncoordinates of that pipeline.\n(2) Promptly, but not later than 7 days after discovery, mark the location of the pipeline\nin accordance with 33 CFR Part 64 at the ends of the pipeline segment and at intervals\nof not over 500 yards (457 meters) long, except that a pipeline segment less than 200\nyards (183 meters) long need only be marked at the center; and\n(3) Within 6 months after discovery, or not later than November 1 of the following year\nif the 6 month period is later than November 1 of the year of discovery, bury the\npipeline so that the top of the pipe is 36 inches (914 millimeters) below the underwater\nnatural bottom (as determined by recognized and generally accepted practices) for\nnormal excavation or 18 inches (457 millimeters) for rock excavation.\n(i) An operator may employ engineered alternatives to burial that meet or exceed the\nlevel of protection provided by burial.\n(ii) If an operator cannot obtain required state or Federal permits in time to comply\nwith this section, it must notify OPS; specify whether the required permit is State or\nFederal; and, justify the delay.\n3\n\n\n\nCrimson Gulf’s Operations and Maintenance Manual, Section F.5 Underwater Inspection and\nReburial of Pipelines in the Gulf of Mexico Procedure, paragraph D.1., paraphrased the\nregulation §195.413 and lacks details and guidance.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. 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). 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 in\nthis Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies\n(49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within 30 days of receipt of this Notice. This period may be\nextended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Crimson Gulf, LLC maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to R.M. Seeley, Director, Southwest Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 4-2016-5008M and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nR.M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n4\n\n420165008M_PHC Order Directing Amendment_12272016_text.pdf\n\nDecember 27, 2016\nMr. Larry Alexander\nPresident\nCrimson Gulf, LLC\n263 Trinity Lane\nGray, LA 70359\nRe: CPF No. 4-2016-5008M\nDear Mr. Alexander:\nEnclosed please find the Order Directing Amendment issued in the above-referenced case. It\nmakes findings of inadequate procedures and requires that Crimson Gulf, LLC amend certain of\nits operating and maintenance procedures. When the amendment of procedures is completed, as\ndetermined by the Director, Southwest Region, this enforcement action will be closed. Service\nof the Order Directing Amendment by certified mail is deemed effective upon the date of\nmailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. R.M. Seeley, Director, Southwest Region, PHMSA, Office of Pipeline Safety\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nCrimson Gulf, LLC, ) CPF No. 4-2016-5008M\n)\nRespondent. )\n____________________________________)\nORDER DIRECTING AMENDMENT\nFrom March 2015 through July 2015, pursuant to 49 U.S.C. § 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Crimson\nGulf, LLC (Crimson or Respondent) in Houma, Louisiana and in Crimson’s Delta offshore\npipeline system. Respondent, an affiliate of Crimson Pipeline, LLC, is engaged in the\ntransportation of crude oil through approximately 500 miles of pipeline.1\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated April 4, 2016, a Notice of Amendment (Notice). The Notice\nproposed, in accordance with 49 C.F.R. § 190.237, that Respondent amend its procedures for\noperations, maintenance and emergencies.2\nRespondent failed to respond within 30 days of receipt of service of the Notice. Under 49 C.F.R.\n§ 190.209(c), such failure to respond constitutes a waiver of Crimson’s right to contest the\nallegations in the Notice and authorizes the Associate Administrator, without further notice, to\nfind facts as alleged in the Notice and to issue this Order Directing Amendment under § 190.206.\nIn this case, the Notice was mailed to Respondent by certified mail (USPS Article No.\n9590940303045155018030) on April 7, 2016 and was received by Respondent on April 11,\n2016, as shown by the return receipt on file with PHMSA. To date, Respondent has not\nacknowledged or responded to the Notice. Under such circumstances, I find it reasonable and\nappropriate to enter this Order Directing Amendment without further proceedings.3\n1 Crimson Gulf, LLC, website, available at http://www.crimsonpl.com/gulf/index htm# (last accessed September 19,\n2016).\n2 The Notice was issued in conjunction with a separate Notice of Probable Violation (CPF No. 4-2016-5007). A\nFinal Order in that case is being issued separately.\n3 In the Matter of Tampa Pipeline Corp., Final Order (CPF No. 2-2008-6002) (Apr. 26, 2010), 2010 WL 6531627,\n(D.O.T.); see also, In the Matter of Tampa Bay Pipeline Corp., Final Order (CPF No. 2-2005-6012 (Dec. 1, 2006),\n\n\n\nCPF No. 4-2016-5008M\nPage 2\nFINDINGS OF INADEQUATE PROCEDURES\nThe Notice alleged certain inadequacies in Respondent’s Operations and Maintenance (O&M)\nManual and proposed requiring Crimson to amend its procedures to comply with the provisions\nof 49 C.F.R. Part 195, as follows:\nItem 1: The Notice alleged that Respondent’s procedures are inadequate to ensure safe operation\nof its pipeline facilities because they fail to include proper procedures addressing\n49 C.F.R. § 195.402(c)(3), which states:\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies. . . .\n. . . .\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following to\nprovide safety during maintenance and normal operations:\n. . . .\n(3) Operating, maintaining, and repairing the pipeline system in\naccordance with each of the requirements of this subpart and subpart H of\nthis part.\nThe Notice alleged that Respondent’s procedures implementing 49 C.F.R. § 195.402(c)(3) are\ninadequate. Specifically, the Notice alleges that throughout Crimson’s O&M Manual, Section\nH.1 Corrosion Control Procedures, the procedures copy and paraphrase the regulations, and\nreference PHMSA’s regulations instead of other Crimson processes and procedures. Crimson's\nprocedures must be amended to be more specific to the Crimson system, provide adequate\ndetails, and not simply paraphrase PHMSA’s regulations for conducting normal operations and\nmaintenance activities. The Notice identified the following inadequacies:\n1. 2. Section H.l., D.2 “Pipelines That Must Have Coating for External\nCorrosion Control procedure to meet the requirements of\n§ 195.557. Which pipelines must have coating for external\ncorrosion control?” currently paraphrases and references the\nregulations.\nSection H.l., D.3 “Coating Materials procedure to meet the\nrequirements of § 195.559. What coating material may I use for\nexternal corrosion control?” currently lacks guidance and specifics\non the coating material to be used.\n2008 WL 902910 (D.O.T.). PHMSA final orders are generally accessible on the agency’s website, available at\nhttp://primis.phmsa.dot.gov/comm/reports/enforce/Actions.\n\n\n\nCPF No. 4-2016-5008M\nPage 3\n3. Section H.1., D .4 “Pipe Coating Inspections procedure to meet the\nrequirements of §195.561. When must I inspect pipe coating used\nfor external corrosion control?” currently lacks detailed guidance\nand specifics.\n4. Section H. l., D.5 “Pipelines Required to Have Cathodic Protection\nprocedure to meet the requirements of § 195.563. Which pipelines\nmust have cathodic protection?” currently paraphrases and\nreferences the regulations.\n5. Section H.1., D.8 “Test Leads-Installation & Maintenance\nprocedure to meet the requirements of § 195.567. Which pipelines\nmust have test leads and what must I do to install and maintain the\nleads?” currently paraphrases and references the regulations.\n6. Section H.1., D.9 “Inspections of Exposed Sections of Pipe\nprocedure to meet the requirements of § 195.569. Do I have to\nexamine exposed portions of buried pipelines?” currently\nparaphrases and references the regulations.\n7. Section H.1., D.11 “Monitoring External Corrosion Control\nprocedure to meet the requirements of § 195.573. What must I do\nto monitor external corrosion control?” currently paraphrases and\nreferences the regulations.\n8. Section H.1., D.12 “Electrical Isolations, Inspections, Tests, and\nSafeguards procedure to meet the requirements of § 195.575”\ncurrently paraphrases and references the regulations.\n9. Section H.1., D.14 “Mitigating Internal Corrosion procedure to\nmeet the requirements of § 195.579. What must I do to mitigate\ninternal corrosion?” currently does not address pipeline alignment\nfeatures such as changes in elevation, low points, sharp bends, and\ndead legs that may contribute to internal corrosion by allowing\nwater to settle out.\n10. Section H. l., D.15 “Atmospheric Corrosion and Coating Materials\nprocedure to meet the requirements of § 195.581. Which pipeline\nmust I protect against atmospheric corrosion and what coating\nmaterial may I use?” currently paraphrases and references the\nregulations and lacks details.\n11. Section H. l., D.17 “General Corrosion procedure to meet the\nrequirements of § 195.585. What must I do to correct corroded\npipe?” currently paraphrases and references the regulations and\nlacks details.\n12. Section H.1., D.18 “How to Determine the Strength of Corroded\nPipe procedure to meet the requirements of § 195.587. What\nmethods are available to determine the strength of corroded pipe?”\ncurrently paraphrases and references the regulations and lacks\ndetails.\n\n\n\nCPF No. 4-2016-5008M\nPage 4\nRespondent did not contest the proposed Notice of Amendment. Accordingly, I find that\nCrimson’s procedures are inadequate to ensure safe operation of its pipeline system. Pursuant to\n49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237, Crimson is ordered to amend the above-\ndescribed procedures to be more specific to the Crimson system, provide adequate details, and\nnot simply paraphrase PHMSA’s regulations for conducting normal operations and maintenance\nactivities.\nItem 2: The Notice alleged that Respondent’s procedures are inadequate to ensure safe operation\nof its pipeline facilities because they fail to include proper procedures addressing\n49 C.F.R. § 195.402(f), which states:\n§ 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies. . . .\n. . . .\n(f) Safety-related condition reports. The manual required by paragraph\n(a) of this section must include instructions enabling personnel who perform\noperation and maintenance activities to recognize conditions that potentially\nmay be safety-related conditions that are subject to the reporting\nrequirements of §195.55.\n49 C.F.R. § 195.55 states in part:\n§ 195.55 Reporting safety-related conditions.\n(a) Except as provided in paragraph (b) of this section, each operator\nshall report in accordance with §195.56 the existence of any of the following\nsafety-related conditions involving pipelines in service:\n(1) General corrosion that has reduced the wall thickness to less than\nthat required for the maximum operating pressure, and localized corrosion\npitting to a degree where leakage might result.\n(2) Unintended movement or abnormal loading of a pipeline by\nenvironmental causes, such as an earthquake, landslide, or flood, that\nimpairs its serviceability.\n(3) Any material defect or physical damage that impairs the\nserviceability of a pipeline.\n(4) Any malfunction or operating error that causes the pressure of a\npipeline to rise above 110 percent of its maximum operating pressure.\n(5) A leak in a pipeline that constitutes an emergency.\n(6) Any safety-related condition that could lead to an imminent hazard\nand causes (either directly or indirectly by remedial action of the operator),\nfor purposes other than abandonment, a 20 percent or more reduction in\noperating pressure or shutdown of operation of a pipeline.\n. . . .\n\n\n\nCPF No. 4-2016-5008M\nPage 5\n49 C.F.R. § 195.56 states in part:\n§ 195.56 Filing safety-related condition reports.\n(a) Each report of a safety-related condition under §195.55(a) must be\nfiled (received by OPS) within five working days (not including Saturday,\nSunday, or Federal Holidays) after the day a representative of the operator\nfirst determines that the condition exists, but not later than 10 working\ndays after the day a representative of the operator discovers the condition.\n. . .\nThe Notice alleged that Respondent’s procedures implementing 49 C.F.R. § 195.402(f) are\ninadequate. Specifically, the Notice alleges that Crimson’s O&M Manual, Section B.3 “Safety\nRelated Condition Reporting” did not specify when and what information is required to be\nreported to PHMSA under 49 C.F.R. § 195.55. The Notice further alleged that Crimson’s\nprocedure does not differentiate between the five-working-day time limit to report a safety-\nrelated condition after determining that the condition exists and the 10-working-day time limit to\nreport the condition after discovery, as required by 49 C.F.R. § 195.56(a).\nRespondent did not contest the proposed Notice of Amendment. Accordingly, I find that\nCrimson’s procedures are inadequate to ensure safe operation of its pipeline system. Pursuant to\n49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237, Crimson is ordered to amend the above-\ndescribed procedures to specify when and what information is required to be reported to PHMSA\nunder 49 C.F.R. § 195.55, and to differentiate between the 5 and 10-day reporting requirements\ndescribed in 49 C.F.R. § 195.56(a).\nItem 3: The Notice alleged that Respondent’s procedures are inadequate to ensure safe operation\nof its pipeline facilities because they fail to include proper procedures addressing 49 C.F.R.\n§ 195.413, which states:\n§ 195.413 Underwater inspection and reburial of pipelines in the Gulf of Mexico and\nits inlets.\n(a) Except for gathering lines of 4 1∕2 inches (114mm) nominal outside\ndiameter or smaller, each operator shall prepare and follow a procedure to\nidentify its pipelines in the Gulf of Mexico and its inlets in waters less than\n15 feet (4.6 meters) deep as measured from mean low water that are at risk\nof being an exposed underwater pipeline or a hazard to navigation. The\nprocedures must be in effect August 10, 2005.\n(b) Each operator shall conduct appropriate periodic underwater\ninspections of its pipelines in the Gulf of Mexico and its inlets in waters less\nthan 15 feet (4.6 meters) deep as measured from mean low water based on\nthe identified risk.\n(c) If an operator discovers that its pipeline is an exposed underwater\npipeline or poses a hazard to navigation, the operator shall—\n(1) Promptly, but not later than 24 hours after discovery, notify the\n\n\n\nCPF No. 4-2016-5008M\nPage 6\nNational Response Center, telephone: 1-800-424-8802, of the location and,\nif available, the geographic coordinates of that pipeline.\n(2) Promptly, but not later than 7 days after discovery, mark the location\nof the pipeline in accordance with 33 CFR Part 64 at the ends of the pipeline\nsegment and at intervals of not over 500 yards (457 meters) long, except\nthat a pipeline segment less than 200 yards (183 meters) long need only be\nmarked at the center; and\n(3) Within 6 months after discovery, or not later than November 1 of the\nfollowing year if the 6 month period is later than November 1 of the year of\ndiscovery, bury the pipeline so that the top of the pipe is 36 inches (914\nmillimeters) below the underwater natural bottom (as determined by\nrecognized and generally accepted practices) for normal excavation or 18\ninches (457 millimeters) for rock excavation.\n(i) An operator may employ engineered alternatives to burial that meet\nor exceed the level of protection provided by burial.\n(ii) If an operator cannot obtain required state or Federal permits in time\nto comply with this section, it must notify OPS; specify whether the required\npermit is State or Federal; and, justify the delay.\nThe Notice alleged that Crimson’s O&M Manual, Section F.5 “Underwater Inspection and\nReburial of Pipelines in the Gulf of Mexico,” paragraph D.1, copied or paraphrased 49 C.F.R. §\n195.413, and did not reference any of Crimson’s own processes or procedures.\nRespondent did not contest the proposed Notice of Amendment. Accordingly, I find that\nCrimson’s procedures are inadequate to ensure safe operation of its pipeline system. Pursuant to\n49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237, Crimson is ordered to amend the above-\ndescribed procedures to provide adequate details and guidance as to how Crimson’s staff can\ncomply with 49 C.F.R. § 195.413, rather than simply copying and paraphrasing the regulatory\ntext.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $200,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent has a right to submit a Petition for Reconsideration of\nthis Order Directing Amendment. The petition must be sent to: Associate Administrator, Office\nof Pipeline Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor,\nWashington, DC 20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same\naddress. PHMSA will accept petitions received no later than 20 days after receipt of service of\nthis Final Order by the Respondent, provided they contain a brief statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The filing of a petition automatically stays\nthe payment of any civil penalty assessed. Unless the Associate Administrator, upon request,\n\n\n\nCPF No. 4-2016-5008M\nPage 7\ngrants a stay, all other terms and conditions of this Final Order are effective upon service in\naccordance with 49 C.F.R. § 190.5.\nDecember 27, 2016\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":30304}