{"operation":"document","citation":"CPF 420171010M","title":"AIR PRODUCTS & CHEMICALS INC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-08-24","effective_on":null,"summary":"CLOSED notice of amendment citing 192.805(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420171010m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420171010m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420171010m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420171010M","body":"Notice of Amendment involving AIR PRODUCTS & CHEMICALS INC. PHMSA's enforcement data identifies the cited regulation as 192.805(c). The case was opened on 2017-08-24 and is reported as closed as of 2017-10-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420171010M_Closure Letter_10132017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420171010M/420171010M_Closure%20Letter_10132017.pdf\n\n420171010M_Closure Letter_10132017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420171010M/420171010M_Closure%20Letter_10132017_text.pdf\n\n420171010M_Notice of Amendment_08242017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420171010M/420171010M_Notice%20of%20Amendment_08242017.pdf\n\n420171010M_Notice of Amendment_08242017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420171010M/420171010M_Notice%20of%20Amendment_08242017_text.pdf\n\n420171010M_Operator Response to Notice_09272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420171010M/420171010M_Operator%20Response%20to%20Notice_09272017.pdf\n\n420171010M_Notice of Amendment_08242017_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 24, 2017\nMs. Marie Ffolkes\nPresident – Industrial Gas America\nAir Products & Chemicals Inc.\n7201 Hamilton Blvd\nAllentown, PA 18195\nCPF 4-2017-1010M\nDear Ms. Marie Ffolkes:\nOn multiple dates between the months of January and June of 2017, representatives of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United\nStates Code inspected Air Products & Chemicals Inc. (Air Products) procedures for Operations\nand Maintenance of the Gulf Coast Pipeline facilities in Texas and Louisiana.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within Air\nProducts plans or procedures, as described below:\n1. §192.805 Qualification program\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(c) Allow individuals that are not qualified pursuant to this subpart to perform a\ncovered task if directed and observed by an individual that is qualified;\n\n\n\nAir Products written qualification program is inadequate because it contained span of\ncontrol limits of 1:3 for some covered tasks that only 1 non-qualified individual could\nperform while under the direction and observation of a qualified individual.\n• Task 408OP: Inspect Cathodic Protection Rectifier\n• Task 409OP: Inspect Interference Bonds\n• Task 419OP: Test Point Survey\n• Task 607OP: Damage Prevention: Observation of Excavating and Backfilling.\nTask 408OP, 409OP and 419OP all require an individual to measure voltage and/or current\nusing an electrical meter, so it is not reasonable that three individuals could be doing any\nof these tasks at the same time while one qualified individual is directing and observing\nthem in a manner that would allow the qualified individual to intervene if necessary.\nExcavation activities, including but not limited to, excavation, drilling, dredging,\ndirectional drilling, blasting, boring, tunneling, backfilling, the removal of above ground\nstructures by either explosive or mechanical means, and other earthmoving operations.\nAgain, it is not reasonable that three unqualified individuals can be observed by one\nqualified individual effectively because the qualified individual could not take immediate\ncorrective action if necessary.\nAir Products must amend their written Operator Qualification procedure to the appropriate\nratio (span of control) of qualified to non-qualified personnel for each covered task.\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 Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\n2\n\n\n\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 Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within [number of days]\ndays of receipt of this Notice. This period may be extended by written request for good cause.\nOnce the inadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed.\nIt is requested (not mandated) that Air Products maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Frank Causey, Acting Director, Southwest Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 4-2017-1010M and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nFrank Causey\nActing Director, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3\n\n420171010M_Closure Letter_10132017_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 13, 2017\nMs. Marie Ffolkes\nPresident – Industrial Gas America\nAir Products & Chemicals Inc.\n7201 Hamilton Blvd\nAllentown, PA 18195\nCPF 4-2017-1010M\nDear Ms. Ffolkes:\nOn August 24, 2017, the Pipeline and Hazardous Materials Safety Administration issued to Air\nProducts & Chemicals Inc. (Air Products), a Notice of Amendment which proposed amendment\nof your procedures.\nAir Products submitted its amended procedures on September 27, 2017. My staff reviewed the\namended procedures, and it appears that inadequacies outlined in this Notice of Amendment have\nbeen corrected.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nTerri J. Binns\nActing Director, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":7143}