{"operation":"document","citation":"CPF 420205004M","title":"CHEVRON PIPE LINE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-01-14","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(b)(4), 195.446(d)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420205004m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420205004m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420205004m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420205004M","body":"Notice of Amendment involving CHEVRON PIPE LINE CO. PHMSA's enforcement data identifies the cited regulations as 195.446(b)(4),  195.446(d)(4). The case was opened on 2020-01-14 and is reported as closed as of 2020-03-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420205004M_Closure Letter_03052020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205004M/420205004M_Closure%20Letter_03052020.pdf\n\n420205004M_Closure Letter_03052020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205004M/420205004M_Closure%20Letter_03052020_text.pdf\n\n420205004M_Notice of Amendment_01142020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205004M/420205004M_Notice%20of%20Amendment_01142020.pdf\n\n420205004M_Notice of Amendment_01142020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205004M/420205004M_Notice%20of%20Amendment_01142020_text.pdf\n\n420205004M_Operator Response to Notice_02062020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205004M/420205004M_Operator%20Response%20to%20Notice_02062020.pdf\n\n420205004M_Notice of Amendment_01142020_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 14, 2020\nAllen Satterwhite\nPresident\nChevron Pipeline Company\n1400 Smith Street\nHouston, Texas 77002\nCPF 4-2020-5004M\nDear Mr. Satterwhite:\nFrom September 23, 2019 to September 26, 2019, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Chevron Pipeline Company’s (Chevron) procedures for Control Room Management in\nHouston, Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nChevron’s plans or procedures, as described below:\n1. §195.446 Control room management.\n(b) Roles and responsibilities. Each operator must define the roles and responsibilities\nof a controller during normal, abnormal, and emergency operating conditions. To\nprovide for a controller's prompt and appropriate response to operating conditions,\nan operator must define each of the following:\n(4) A method of recording controller shift-changes and any hand-over of\nresponsibility between controllers.\n\n\n\nChevron’s procedures fail to properly define the roles and responsibilities of a controller during\nabnormal and emergency operating conditions.\nAt the time of the inspection, Chevron provided PHMSA inspectors with their procedure titled\nCRM - 101 Roles and Responsibilities. Section 4.7 (page 3) states:\n4.7 In the event a Console becomes unattended for any reason (on duty Controller is\nunable to perform his or her duties; unfit for duty; because of illness, fatigue, car trouble\nor other issues) the following procedure shall be initiated:\n4.7.3 Until an off-duty Controller arrives, the Console Supervisor can select a\nController from the current on duty Controllers whose workload allows him or her\nto monitor the unattended console and their regular AOR.\n4.7.4 If controlling actions are required to maintain the console in a “Safe and\nControlled” state of operations, the Controller who is monitoring the unattended\nconsole can take direction from a qualified Controller for that console via\ntelephone.\nThis procedure makes selection of a controller to monitor the console optional, giving the Console\nSupervisor the option to leave the pipeline running in an unmonitored state. Chevron’s above\nprocedure must be revised to make this selection mandatory, or specify another method to ensure\nthe pipeline is kept in a “Safe and Controlled” state.\n2. §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 for\nan emergency deviation from the maximum limit if necessary for the safe operation\nof a pipeline facility.\nChevron’s procedures fail to establish an appropriate maximum limit on controller hours-of-\nservice.\nChevron provided PHMSA inspectors with their procedure titled CRM - 109 Fatigue Risk\nManagement System. Section 6.10.4 (page 12) states:\n6.10.4 The maximum number of hours worked in any seven (7) day period shall be 84, and\nshall be followed by at least 35 hours of off-duty time.\nChevron regularly schedules their controllers for 84 hours in a seven-day period, with up to 30\nminutes allowed for shift handover. The combination of the shift handover and the schedule shift\ncontrollers result in regular exceeding the 84-hour limit.\nChevron’s procedure must be revised to establish an appropriate maximum number of hours\nworked, or the controllers’ schedule must be changed to work within the existing procedure.\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 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 Chevron Pipeline Company 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, Director,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2020-5004M and, for each document you submit,\nplease 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\n\n420205004M_Closure Letter_03052020_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 5, 2020\nAllen Satterwhite\nPresident\nChevron Pipeline Company\n1400 Smith Street\nHouston, Texas 77002\nCPF 4-2020-5004M\nDear Mr. Satterwhite:\nFrom September 23, 2019 to September 26, 2019, representatives from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Chevron Pipeline Company’s (Chevron)\nprocedures in Houston, Texas. As a result of the inspection, Chevron was issued a Notice of\nAmendment on January 15, 2020, which proposed amendment of your procedures.\nChevron submitted its amended procedures on February 6, 2020. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment 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","truncated":false,"body_characters":8523}