{"operation":"document","citation":"CPF 420181013M","title":"FAYETTEVILLE EXPRESS PIPELINE, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-10-23","effective_on":null,"summary":"CLOSED notice of amendment citing 192.609.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420181013m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420181013m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420181013m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420181013M","body":"Notice of Amendment involving FAYETTEVILLE EXPRESS PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulation as 192.609. The case was opened on 2018-10-23 and is reported as closed as of 2019-03-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420181013M_Closure Letter_03052019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181013M/420181013M_Closure%20Letter_03052019.pdf\n\n420181013M_Closure Letter_03052019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181013M/420181013M_Closure%20Letter_03052019_text.pdf\n\n420181013M_Notice of Amendment_10232018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181013M/420181013M_Notice%20of%20Amendment_10232018.pdf\n\n420181013M_Notice of Amendment_10232018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181013M/420181013M_Notice%20of%20Amendment_10232018_text.pdf\n\n420181013M_Operator Response to Notice_11132018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181013M/420181013M_Operator%20Response%20to%20Notice_11132018.pdf\n\n420181013M_Closure Letter_03052019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 5, 2019\nEric Amundsen\nSenior Vice President of Operations\nEnergy Transfer\n1300 Main Street\nHouston, Texas 77002\nCPF-4-2018-1013M\nDear Mr. Amundsen:\nFrom January 5, 2018 to July 6, 2018, a representative from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an\non-site pipeline safety inspection of Energy Transfer’s procedures in Houston, Texas. As a result\nof the inspection, Energy Transfer was issued a Notice of Amendment on October 23, 2018, which\nproposed amendment of your procedures.\nEnergy Transfer submitted its amended procedures on November 15, 2018. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave 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,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420181013M_Notice of Amendment_10232018_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 23, 2018\nEric Amundsen\nSenior Vice President of Operations\nEnergy Transfer\n1300 Main Street\nHouston, Texas 77002\nCPF-4-2018-1013M\nDear Mr. Amundsen:\nFrom January 5, 2018 to July 6, 2018, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nEnergy Transfer’s procedures for Tiger Pipeline, Fayetteville Express Pipeline, Transwestern\nPipeline, Trunkline, and Sea Robin Pipelines in Houston, Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nEnergy Transfer’s plans or procedures, as described below:\n1. §192.609 Change in class location: Required study.\nWhenever an increase in population density indicates a change in class location for a\nsegment of an existing steel pipeline operating at hoop stress that is more than 40\npercent of SMYS, or indicates that the hoop stress corresponding to the established\nmaximum allowable operating pressure for a segment of existing pipeline is not\ncommensurate with the present class location, the operator shall immediately make a\nstudy to determine:\n\n\n\n(a) The present class location for the segment involved.\n(b) The design, construction, and testing procedures followed in the original\nconstruction, and a comparison of these procedures with those required\nfor the present class location by the applicable provisions of this part.\n(c) The physical condition of the segment to the extent it can be ascertained\nfrom available records;\n(d) The operating and maintenance history of the segment;\n(e) The maximum actual operating pressure and the corresponding operating\nhoop stress, taking pressure gradient into account, for the segment of\npipeline involved; and\n(f) The actual area affected by the population density increase, and physical\nbarriers or other factors which may limit further expansion of the more\ndensely populated area.\nEnergy Transfer’s written procedures were found to be inadequate and must be amended to ensure\nthat whenever an increase in population density indicates a change in class location for a segment\nof an existing steel pipeline operating at hoop stress that is more than 40 percent of SMYS, that\nthe operator shall immediately conduct a study as required by §192.609. PHMSA inspectors\nreviewed SOP B.12: Evaluating Class Location Changes and SOP B.13: Surveillance for Class\nLocation and HCA Determination and found that the requirement to conduct a study when there\nis an increase in population density is not clear. Energy Transfer Procedure B.12 states that an\nevaluation of class location is done annually and Procedure B.13 describes how personnel do\nsurveillance to collect data on a continuous basis. Procedure B.12 does not say it will do an\nimmediate study if there is an increase in population density. According to Procedure B.13,\nsurveillance is continuous, which is contrary to B.12 which says evaluation is on an annual basis.\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 60 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Energy Transfer maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Mary L. McDaniel, Director, Southwest Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF-4-2018-1013M and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":7805}