{"operation":"document","citation":"CPF 420195006M","title":"TARGA RESOURCES OPERATING LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-02-22","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(d)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195006m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195006m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195006m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420195006M","body":"Notice of Amendment involving TARGA RESOURCES OPERATING LLC. PHMSA's enforcement data identifies the cited regulation as 195.446(d)(4). The case was opened on 2019-02-22 and is reported as closed as of 2019-02-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420195006M_Notice of Amendment_02222019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195006M/420195006M_Notice%20of%20Amendment_02222019.pdf\n\n420195006M_Notice of Amendment_02222019­_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195006M/420195006M_Notice%20of%20Amendment_02222019%C2%AD_text.pdf\n\n420195006M_Notice of Amendment_02222019.pdf\n\nU.S. Department\nof Transportation\nHouston, TX 77074\n8701 S. Gessner, Suite 630\nPipeline and\nHazardous Materials Safety\nAdministration\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 22, 2019\nHunter Battle\nVice President, TX/LA Gulf Coast\nTarga Resources Operating LLC\n1000 Louisiana St., Suite 4300\nHouston, Texas 77002\nCPF 4-2019-5006M\nDear Mr. Battle:\nOn October 10 through October 13, 2017, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Targa Resources Operating LL's procedures for control room management in\nSulphur, Louisiana.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy found within\nTarga's plans or procedures, as described below:\n§195.446 Control room management.\n(d) Fatigue mitigation. Each operator must implement the following methods to\nreduce the risk associated with controller fatigue that could inhibit a controller's\nability to carry out the roles and responsibilities the operator has defined:\n(4) Establish a maximum limit on controller hours-of-service, which may\nprovide for an emergency deviation from the maximum limit if necessary for\nthe safe operation of a pipeline facility.\n\n\n\nTarga's procedure titled Control Room Management Plan, Hackberry Storage Facility (CRM\nPlan) is inadequate as it does not meet PHMSA guidelines of appropriate methods to reduce risk\nassociated with controller fatigue. Targa's procedures are outlined in the CRM Plan under the\nsection titled \"Maximum Hours of Service, Shift Lengths, and Rotations\" which includes the\nfollowing clauses:\n• Following are the maximum hours of service for 12-hour shifts.\n1. 13 hours in any 24-hour period, including handover time.\n2. Six 12-hour shifts per 7-day period\nThe guidelines in the Control Room Management Frequently Asked Questions (CRM FAQ)\nsection D.07. limit each controller to 65 hours of on duty time in each 7-day period. This\nprocedure allows controllers to reach up to 78 hours through six 24-hour shifts.\n• Off Duty Time:\n1. At least 35 hours of continuous hours spent off duty between night and day shift.\nThis limitation does not include all situations where 35 off-duty hours are required by the CRM\nFAQ. Controllers should also receive 35 off-duty hours after 7 consecutive on-duty days, or\nafter reaching 65 duty hours in a 7-day period.\n• An occasional holdover shift is allowed within the following parameters\n1. Exceeding 13 hours in a day for no more than 2 consecutive days. Control Room\nsupervisor shall be notified if hold over will cause shift to exceed 14 hours.\n2. One 18-hour shift (19 with handover) in any 5-day period.\nThis procedure allows controllers to exceed the limit of two 14-hour shifts in any 5-day period as\nprescribed by the CRM FAQ. Additionally, the CRM plan does not note the holdover shifts\nshould not permit the controller to breach the 65-hour on-duty limit or the 35-hour off-duty\nrequirement.\nOperators are permitted to deviate from the parameters outlined in the CRM FAQ given that they\ndemonstrate why the variations do not elevate the risk of fatigue, and demonstrate that adequate\nfatigue risk countermeasures have been deployed. In lieu of amending the procedures, Targa\nmay instead prove that the variations do not elevate the risk of fatigue and that adequate\nsure have bees do played\ncountermeasures have been deployed.\nOn February 28, 2018 Targa submitted to PHMSA a revised version of the CRM Plan. PHMSA\ndetermined that the revised procedure adequately addressed the changes noted in this letter. At\nthis time, no further action is necessary and this case is now closed.\n2\n\n\n\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.\nOnce the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Targa Resources Operating LLC maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Mary L. McDaniel, P.E.\nDirector, Southwest Region, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 4-2019-5006M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nMary\nMcDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3\n\n420195006M_Notice of Amendment_02222019­_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 22, 2019\nHunter Battle\nVice President, TX/LA Gulf Coast\nTarga Resources Operating LLC\n1000 Louisiana St., Suite 4300\nHouston, Texas 77002\nCPF 4-2019-5006M\nDear Mr. Battle:\nOn October 10 through October 13, 2017, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nTarga Resources Operating LLC’s procedures for control room management in Sulphur,\nLouisiana.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy found within Targa’s\nplans or procedures, as described below:\n1. §195.446 Control room management.\n(d) Fatigue mitigation. Each operator must implement the following methods to\nreduce the risk associated with controller fatigue that could inhibit a controller's\nability to carry out the roles and responsibilities the operator has defined:\n(4) Establish a maximum limit on controller hours-of-service, which may provide\nfor an emergency deviation from the maximum limit if necessary for the safe\noperation of a pipeline facility.\n\n\n\nTarga’s procedure titled Control Room Management Plan, Hackberry Storage Facility (CRM\nPlan) is inadequate as it does not meet PHMSA guidelines of appropriate methods to reduce risk\nassociated with controller fatigue. Targa’s procedures are outlined in the CRM Plan under the\nsection titled “Maximum Hours of Service, Shift Lengths, and Rotations” which includes the\nfollowing clauses:\n Following are the maximum hours of service for 12-hour shifts.\n1. 2. 13 hours in any 24-hour period, including handover time.\nSix 12-hour shifts per 7-day period\nThe guidelines in the Control Room Management Frequently Asked Questions (CRM FAQ)\nsection D.07 limit each controller to 65 hours of on duty time in each 7-day period. This procedure\nallows controllers to reach up to 78 hours through six 24-hour shifts.\n Off Duty Time:\n1. At least 35 hours of continuous hours spent off duty between night and day shift.\nThis limitation does not include all situations where 35 off-duty hours are required by the CRM\nFAQ. Controllers should also receive 35 off-duty hours after 7 consecutive on-duty days, or after\nreaching 65 duty hours in a 7-day period.\n An occasional holdover shift is allowed within the following parameters\n1. Exceeding 13 hours in a day for no more than 2 consecutive days. Control Room\nsupervisor shall be notified if hold over will cause shift to exceed 14 hours.\n2. One 18-hour shift (19 with handover) in any 5-day period.\nThis procedure allows controllers to exceed the limit of two 14-hour shifts in any 5-day period as\nprescribed by the CRM FAQ. Additionally, the CRM plan does not note the holdover shifts should\nnot permit the controller to breach the 65-hour on-duty limit or the 35-hour off-duty requirement.\nOperators are permitted to deviate from the parameters outlined in the CRM FAQ given that they\ndemonstrate why the variations do not elevate the risk of fatigue, and demonstrate that adequate\nfatigue risk countermeasures have been deployed. In lieu of amending the procedures, Targa may\ninstead prove that the variations do not elevate the risk of fatigue and that adequate\ncountermeasures have been deployed.\nOn February 28, 2018 Targa submitted to PHMSA a revised version of the CRM Plan. PHMSA\ndetermined that the revised procedure adequately addressed the changes noted in this letter. At\nthis time, no further action is necessary and this case is now closed.\n2\n\n\n\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).\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 30 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 Targa Resources Operating LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Mary L. McDaniel, P.E.\nDirector, Southwest Region, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 4-2019-5006M and, for each\ndocument you submit, please provide a copy in electronic 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":13000}