{"operation":"document","citation":"CPF 42021058NOA","title":"MIDSHIP PIPELINE COMPANY, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-11-01","effective_on":null,"summary":"CLOSED notice of amendment citing 192.615(b)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021058noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021058noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021058noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021058NOA","body":"Notice of Amendment involving MIDSHIP PIPELINE COMPANY, LLC. PHMSA's enforcement data identifies the cited regulation as 192.615(b)(3). The case was opened on 2021-11-01 and is reported as closed as of 2021-11-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021058NOA_Closure Letter_11302021_(21-200343).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021058NOA/42021058NOA_Closure%20Letter_11302021_(21-200343).pdf\n\n42021058NOA_Closure Letter_11302021_(21-200343)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021058NOA/42021058NOA_Closure%20Letter_11302021_(21-200343)_text.pdf\n\n42021058NOA_Notice of Amendment_11012021_(21-200343).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021058NOA/42021058NOA_Notice%20of%20Amendment_11012021_(21-200343).pdf\n\n42021058NOA_Notice of Amendment_11012021_(21-200343)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021058NOA/42021058NOA_Notice%20of%20Amendment_11012021_(21-200343)_text.pdf\n\n42021058NOA_Operator Response to Notice_11052021_(21-200343).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021058NOA/42021058NOA_Operator%20Response%20to%20Notice_11052021_(21-200343).pdf\n\n42021058NOA_Closure Letter_11302021_(21-200343)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nNovember 30, 2021\nAaron Stephenson\nSenior Vice President, Operations\nMidship Pipeline Company, LLC\n700 Milam Street, Suite 1900\nHouston, Texas 77002\nCPF 4-2021-058-NOA\nDear Mr. Stephenson:\nFrom March 29, 2021 through June 8, 2021, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted a pipeline safety inspection of Midship Pipeline Company, LLC’s (Midship)\nprocedures for operations, maintenance, and emergencies in Houston, Texas. As a result of the\ninspection, Midship was issued a Notice of Amendment on November 1, 2021, which proposed\namendment of your procedures.\nMidship submitted copies of its amended procedures on November 5, 2021. My staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have 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\n42021058NOA_Notice of Amendment_11012021_(21-200343)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nNovember 1, 2021\nAaron Stephenson\nSenior Vice President, Operations\nMidship Pipeline Company, LLC\n700 Milam Street, Suite 1900\nHouston. Texas 77002\nCPF 4-2021-058-NOA\nDear Mr. Stephenson:\nFrom March 29, 2021 through June 8, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code,\ninspected Midship Pipeline Company, LLC’s (Midship) procedures for operations, maintenance,\nand emergencies.\nBased on the inspection, PHMSA has identified an apparent inadequacy found within Midship’s\nplans or procedures, as described below:\n1. § 192.615 Emergency plans\n(a) Each operator shall establish written procedures to minimize the hazard resulting\nfrom a gas pipeline emergency. . .\n(b) Each operator shall:\n(1) . . .\n(3) Review employee activities to determine whether the procedures were\neffectively followed in each emergency.\nMidship’s Pipeline Emergency Response Plan, ERP-PPL-6110 (Dated November 1, 2020) is\ninadequate because it does not include steps for personnel to follow when reviewing an\nemployee’s activities during an emergency, to determine whether that employee effectively\nfollowed the procedures during such emergency. Specifically, Section 24.2 Review After\nEmergency of Midship’s Pipeline Emergency Response Plan requires that the plan “be\nreviewed by the VP Pipeline Operations for effectiveness of the procedures used after an\nemergency.”\n\n\n\nThe procedure does not, however, include the necessary steps for reviewing the employee’s\nactivities or employee’s actions during the emergency as part of the review process.\nMidship’s procedure must be amended or supplemented to include steps guiding the review of\nthe activities of an employee during an emergency as part of the post-emergency review\nprocess for the effectiveness review of the emergency procedures used during the emergency.\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 Midship Pipeline Company, 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, Director,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2021-058-NOA 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\n2","truncated":false,"body_characters":6924}