{"operation":"document","citation":"CPF 520071009M","title":"OMIMEX CANADA, LTD. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-06-08","effective_on":null,"summary":"CLOSED notice of amendment citing 192.231, 192.233, 192.235, 192.241, 192.453, 192.461, 192.465(a), 192.465(c), 192.469, 192.471, 192.473, 192.479, 192.481, 192.485, 192.505(c), 192.605(a), 192.605(b)(8), 192.605(b)(9), 192.605(c)(1), 192.614(c)(6)(i), 192.619(a)(1), 192.629(b), 192.707(a)(2), 192.713(a)(2), 192.713(b), 192.743, 192.745(b), 192.805, 192.805(a), 192.805(b), 192.805(c), 192.805(f), 192.805(g).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520071009m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520071009m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520071009m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520071009M","body":"Notice of Amendment involving OMIMEX CANADA, LTD.. PHMSA's enforcement data identifies the cited regulations as 192.231,  192.233,  192.235,  192.241,  192.453,  192.461,  192.465(a),  192.465(c),  192.469,  192.471,  192.473,  192.479,  192.481,  192.485,  192.505(c),  192.605(a),  192.605(b)(8),  192.605(b)(9),  192.605(c)(1),  192.614(c)(6)(i),  192.619(a)(1),  192.629(b),  192.707(a)(2),  192.713(a)(2),  192.713(b),  192.743,  192.745(b),  192.805,  192.805(a),  192.805(b),  192.805(c),  192.805(f),  192.805(g). The case was opened on 2007-06-08 and is reported as closed as of 2007-11-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520071009M_Notice of Amendment_06082007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520071009M/520071009M_Notice%20of%20Amendment_06082007.pdf\n\n520071009m_notice of amendment_06082007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520071009M/520071009m_notice%20of%20amendment_06082007_text.pdf\n\n520071009M_operator_response_07102007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520071009M/520071009M_operator_response_07102007.pdf\n\n520071009m_notice of amendment_06082007_text.pdf\n\nSENT TO COMPLIANCE REGISTRY\nHardcopy Electronically &\n¹ of Copies'/ Date ~&\nU. S. Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n12300 W Qakota Ave, Suite 110\nLakewood, CO 80228\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\nJune 8, 2007\nMr. Clark Storms\nVice President, Land and Legal\nOmimex Canada, LTD\n2001 Beach Street, Suite 810\nFort Worth, TX 76103\nCPF 5-2007-1009M\nDear Mr. Storms:\nOn February 28, 2007, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nOmimex's operation and maintenance procedures and Operator Qualification Program at your\nBattle Creek Compressor Station in Montana.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nOmimex's procedures, as described below:\n$192. 13 General.\n(c) Each operator shall maintain, modify as appropriate, and follow the plans,\nprocedures, and programs that it is required to establish under this part.\nAnd\nl. a. $192. 231 Protection from weather.\nThe welding operation must be protected from weather conditions that\nwould impair the quality of the completed weld.\n\n\n\nOmimex welding procedure 4. C. 3 has no guidance as to how to protect welding from\nadverse weather condittons.\nAnd\n1. b. $192. 233 Miter joints.\n(a) A miter joint on steel pipe to be operated at a pressure that produces a\nhoop stress of 30 percent or more of SMYS may not deflect the pipe more\nthan 30\n(b) A miter joint on steel pipe to be operated at a pressure that produces a\nhoop stress of less than 30 percent, but more than 10 percent of SMYS may\nnot deflect the pipe more than 12 1/2' and must be a distance equal to one\npipe diameter or more away from any other miter joint, as measured from\nthe crotch of each joint.\n(c) A miter joint on steel pipe to be operated at a pressure that produces a\nhoop stress of 10 percent or less of SMYS may not deflect the pipe more than\n900.\nOmimpx welding procedure 4. C. 3 has no guidance for making miter joints.\nAnd\n1. c. $192. 235 Preparation for welding.\nBefore beginning any welding, the welding surfaces must be clean and free of\nany material that may be detrimental to the weld, and the pipe or component\nmust be aligned to provide the most favorable condition for depositing the\nroot bead. This alignment must be preserved while the root bead is being\ndeposited.\nOmimex welding procedure 4. C. 3 has no guidance for welding preparation and joint\nalignment dming welding.\nAnd\n1. d. $192. 241 Inspection and test of welds.\n(a) Visual inspection of welding must be conducted by an individual\nqualified by appropriate training and experience to ensure that:\n(1) The welding is performed in accordance with the welding procedure; and\n(2) The weld is acceptable under paragraph (c) of this section.\n(b) The welds on a pipeline to be operated at a pressure that produces a\nhoop stress of 20 percent or more of SMYS must be nondestructively tested\nin accordance with $192. 243, except that welds that are visually inspected\nand approved by a qualified welding inspector need not be nondestructively\ntested if:\n(1) The pipe has a nominal diameter of less than 6 inches(152 millimeters);\nor\n\n\n\n(2) The pipeline is to be operated at a pressure that produces a hoop stress of\nless than 40 percent of SMYS and the welds are so limited in number that\nnondestructive testing is impractical.\n(c) The acceptability of a weld that is nondestructively tested or visually\ninspected is determined according to the standards in Section 9 of API\nStandard 1104 (ibr, see $192. 7). However, if a girth weld is unacceptable\nunder those standards for a reason other than a crack, and if Appendix A to\nAPI 1104 applies to the weld, the acceptability of the weld may be further\ndetermined under that appendix.\nOmimex welding procedure has no procedures for nondestructively testing welds.\nAnd\n1. e. $192. 505 Strength test requirements for steel pipeline to operate at a hoop\nstress of 30 percent or more of SMYS.\n(c) Except as provided in paragraph (e) of this section, the strength teSt- must\nbe conducted by maintaining the pressure at or above the test pressure for at\nleast 8 hours.\n(\nOmimex hydrostatic test procedure 4. C. 5 pg 2 refers to paragraph 2, page 3 for\nexceptions for pressure testing fabricated pipe sections. There is no page 3.\n$192. 605 Procedural manual for operations, maintenance, and emergencies\n(a) GeneraL Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least one each\ncalendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\nOmimex has several procedures in their Operation and Maintenance Plan that refer to\nvarious Subparts of 49 CFR 192 for guidance. Part 192 states the requirements that must\nbe met by an operator but Part 192 does not instruct an operator how to operate and\nmaintain their unique facilities. Procedures cannot refer to Part 192 for guidance. The\noperations and maintenance procedures must be developed by the operator as guidance to\nemployees for performing various tasks associated with an operator's unique facihties\nand these procedures must comply with 49 CFR 192.\n$192. 453 GeneraL\nThe corrosion control procedures required by $192. 605(b)(2), including those for\nthe design, installation, operation, and maintenance of cathodic protection systems,\n\n\n\nmust be carried out by, or under the direction of, a person qualified in pipeline\ncorrosion control methods.\nNeither Omimex corrosion control procedures 4. D. 3 or 4. D. 5 require that design,\ninstallation, operation, and maintenance of cathodic protection systems be carried out by,\nor under the direction of, a person qualified in pipeline corrosion control methods. .\nMethods to demonstrate competency for the quahfied person also do not exist.\n$192. 461 External corrosion control: Protective coating.\n(a) Each external protective coating, whether conductive or insulating, applied for\nthe purpose of external corrosion control must-\n(1) Be applied on a properly prepared surface;\n(2) Have sufficient adhesion to the metal surface to effectively resist underfilm\nmigration of moisture;\n(3) Be sufficiently ductile to resist cracking;\n(4) Have sufficient strength to resist damage due to handling and soil stress; and,\n(5) Have properties compatible with any supplemental cathodic protection.\n(b) Each external protective coating which is an electrically insulating type must\nalso hpve low moisture absorption and high electrical resistance.\n(c) Each external protective coating must be inspected just prior to lowering the\npipe into the ditch and backfilling, and any damage detrimental to effective\ncorrosion control must be repaired.\n(d) Each external protective coating must be protected from damage resulting from\nadverse ditch conditions or damage from supporting blocks.\n(e) If coated pipe is installed by boring, driving, or other similar method,\nprecautions must be taken to minimize damage to the coating during installation.\nOmimex corrosion control procedure 4. D. 3 does not have enough detail or acceptable\ncriteria to ensure coatings will meet Part 195.\n$192. 465 External corrosion control: Monitoring.\n(a) Each pipeline that is under cathodic protection must be tested at least once each\ncalendar year, but with intervals not exceeding 15 months, to determine whether the\ncathodic protection meets the requirements of $192. 463. However, if tests at those\nintervals are impractical for separately protected short sections of mains or\ntransmission line, not in excess of 100 feet (30 meters), or separately protected\nservice line, these pipelines may be surveyed on a sampling basis. At least 10\npercent of these protected structures, distributed over the entire system must be\nsurveyed each calendar year, with a different 10 percent checked each subsequent\nyear, so that the entire system is tested in each 10-year period.\nOmimex corrosion control procedure 4. D. 5, pg 4 of 5, does not state what the interval for\nannual pipe-to-soil monitoring shall be.\nf192. 465 External corrosion control: Monitoring.\n\n\n\n(c) Each reverse current switch, each diode, and each interference bond whose\nfailure would jeopardize structure protection must be electrically checked for\nproper performance six times each calendar year, but with intervals not exceeding 2\n1/2 months. Each other interference bond must be checked at least once each\ncalendar year, but with intervals not exceeding 15 months.\nOmimex corrosion control procedure 4. D. S does not give guidance for monitoring and\nevaluating interference bonds.\n7. $192. 469 External corrosion control: Test stations.\nEach pipeline under cathodic protection required by this subpart must have\nsufficient test stations or other contact points for electrical measurement to\ndetermine the adequacy of cathodic protection.\nOmimex corrosion control procedure 4. D. S does not give guidance that will enable\noperator personnel to determine if there are sufficient test stations to verify the entire\npipehne system is under adequate cathodic protection.\n8. $192. $71 External corrosion control: Test leads.\n(a) Each test lead wire must be connected to the pipeline so as to remain\nmechanically secure and electrically conductive.\n(b) Each test lead wire must be attached to the pipeline so as to minimize stress\nconcentration on the pipe.\n(c) Each bared test lead wire and bared metallic area at point of connection to the\npipeline must be coated with an electrical insulating material compatible with the\npipe coating and the insulation on the wire.\nOmimex corrosion control procedure 4. D. S does not give guidance for the proper\ninstallation of test leads.\n9. $192. 473 External corrosion control: Interference currents.\n(a) Each operator whose pipeline system is subjected to stray currents shall have in\neffect a continuing program to minimize the detrimental effects of such currents.\n(b) Each impressed current type cathodic protection system or galvanic anode\nsystem must be designed and installed so as to minimize any adverse effects on\nexisting adjacent underground metallic structures.\nOmimex corrosion control procedure 4. D. S does not give guidance for operator personnel\nto determine if their pipeline is subject to stray currents, now or in the future.\n10. $192. 479 Atmospheric corrosion control; General.\n(a) Each operator must clean and coat each pipeline or portion of pipeline that is\nexposed to the atmosphere, except pipelines under paragraph (c) of this section.\n(b) Coating material must be suitable for the prevention of atmospheric corrosion.\n(c) Except portions of pipelines in offshore splash zones or soil-to-air interfaces, the\noperator need not protect from atmospheric corrosion any pipeline for which the\n\n\n\noperator demonstrates by test, investigation, or experience appropriate to the\nenvironment of the pipeline that corrosion will—\n(1) Only be a light surface oxide; or\n(2) Not affect the safe operation of the pipeline before the next scheduled inspection.\nOmimex corrosion control procedure 4. D. 1 gives no guidance for selecting proper, -\ncoatings to be used to prevent atmospheric corrosion.\n11. $192. 481 Atmospheric corrosion control: Monitoring.\n(a) Each operator must inspect each pipeline or portion of pipeline that is exposed\nto the atmosphere for evidence of atmospheric corrosion, as follows:\nIf the pipeline is located:\nOnshore\nOffshore\nThen the frequency of inspection is:\nAt least once every 3 calendar years, but\nwith intervals not exceeding 39 months\nAt least once each calendar year, but with\nintervals not exceeding 15 months\n(b) Derring inspections the operator must give particular attention to pipe at soil-to-\nair interfaces, under thermal insulation, under disbonded coatings, at pipe supports,\nin splash zones, at deck penetrations, and in spans over water.\n(c) If atmospheric corrosion is found during an inspection, the operator must\nprovide protection against the corrosion as required by Sec. 192. 479.\nOmimex corrosion control procedure 4. D. 1 does not give instructions for operator\npersonnel to provide atmospheric corrosion protection if atmospheric corrosion is found.\n12. $192. 605 Procedural manual for operations, maintenance, and emergencies\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of\nthe requirements of this subpart and Subpart M of this part.\nAnd\n12. a. $192. 614 Damage prevention program.\n(c) The damage prevention program required by paragraph (a) of this\nsection must, at a minimum:\n(6) Provide as follows for inspection of pipelines that an operator has reason\nto believe could be damaged by excavation activities:\n(i) The inspection must be done as frequently as necessary during and after\nthe activities to verify the integrity of the pipeline; and\n-6-\n\n\n\nOmimex damage prevention procedure 3. N. 1 does not provide guidance directing\noperator personnel to make a follow-up inspection of the pipehne where and when there\nis reason to beheve the pipeline could have been damaged by a third party.\nAnd\n12. b. $192. 629 Purging of pipelines.\n(b) When a pipeline is being purged of gas by use of air, the air must be\nreleased into one end of the line in a moderately rapid and continuous flow.\nIf air cannot be supplied in sufficient quantity to prevent the formation of a\nhazardous mixture of gas and air, a slug of inert gas must be released into the\nline before the air.\nOmimex purging procedure 4. A. 3 & 4. 8. 1 through 4. B. 5 have adequate air purging\nprocedures but they have no clear guidance for the purging of natural gas from a pipe.\nAnd\n12. c. $192. 707 Line markers for mains and transmission lines.\n(\n(a) Buriedpipelines. Except as provided inparagraph(b) of this section, a\nline marker must be placed and maintained as close as practical over each\nburied main and transmission line:\n(2) Wherever necessary to identify the location of the transmission line or\nmain to reduce the possibility of damage or interference.\nOmimex line marking procedure 3. N. 2 only requires line markers be placed at property\nboundaries. The distance between property boundaries can be considerable. This great\ndistance can increase the odds of others striking the pipehne when doing excavation in\nclose proximity to the unmarked pipeline. With the exception of cultivated lands, line\nmarkers should generally be placed so that at least one marker on either side of an\noccupied marker can be seen, and adequately reflect any linear deviations.\nAnd\n12. d. $192. 713 Transmission lines: Permanent field repair of imperfections and\ndamages.\n(a) Each imperfection or damage that impairs the serviceability of pipe in a\nsteel transmission line operating at or above 40 percent of SMYS must be-\n(2) Repaired by a method that reliable engineering tests and analyses show\ncan permanently restore the serviceability of the pipe.\nOmimex repair procedure 4. C. 2 appears to only give general guidance for repairs made\nby cutting out the damaged area and replacing it with a piece of pipe meeting the\nrequirements of the system. This procedure, though it discusses other repair options,\ndoes not provide any detail nor reference a document that has detail for making other\n-7-\n\n\n\nrepairs such as bolt on clamps, Type B sleeves, composite sleeves, Type A sleeves, or\npatches.\nAnd\n12. e. $192. 713 Transmission lines: Permanent field repair of imperfections and\ndamages.\n(b) Operating pressure must be at a safe level during repair operations.\nOmimex repair procedure 3. K. 3 allows operatmg pressures to be as high as 100% of\nMAOP during welding and hot tapping. A maximum safe operating pressure during\nwelding must be established.\nAnd\n12. f. $192. 743 Pressure limiting and regulating stations: Capacity of relief\ndevices\n(a) Pressure relief devices at pressure limiting stations and pressure\n, regulating stations must have sufficient capacity to protect the facilities to\nwhich they are connected. Except as provided in $192. 739(b), the capacity\nmust be consistent with the pressure limits of $192. 201(a). This capacity must\nbe determined at intervals not exceeding 15 months, but at least once each\ncalendar year, by testing the devices in place or by review and calculations\n(b) If review and calculations are used to determine if a device has sufficient\ncapacity, the calculated capacity must be compared with the rated or\nexperimentally determined relieving capacity of the device for the conditions\nunder which it operates. After the initial calculations, subsequent\ncalculations need not be made if the annual review documents that\nparameters have not changed to cause the rated or experimentally\ndetermined relieving capacity to be insufficient.\n(c) If a relief device is of insufficient capacity, a new or additional device\nmust be installed to provide the capacity required by paragraph (a) of this\nsection.\nOmimex maintenance procedure 3. J. 1 does not specifically require a capacity check of\neach pressure relief device once each calendar year not to exceed 15 months.\nAnd\n12. g. $192. 745 Valve maintenance: Transmission lines.\n(b) Each operator must take prompt remedial action to correct any valve\nfound inoperable, unless the operator designates an alternative valve.\nOmimex maintenance procedure 3. E. 1 does not direct operator personnel to take\nimmediate remedial actions when a valve is found inoperable.\n\n\n\n13. $192. 485 Remedial measures: Transmission lines.\n(a) General corrosion. Each segment of transmission line with general corrosion\nand with a remaining wall thickness less than that required for the MAOP of the\npipeline must be replaced or the operating pressure reduced commensurate with the\nstrength of the pipe based on actual remaining wall thickness. However, corroded\npipe may be repaired by a method that reliable engineering tests and analyses show\ncan permanently restore the serviceability of the pipe. Corrosion pitting so closely\ngrouped as to affect the overall strength of the pipe is considered general corrosion\nfor the purpose of this paragraph.\n(b) Localized corrosion pitting. Each segment of transmission line pipe with\nlocalized corrosion pitting to a degree where leakage might result must be replaced\nor repaired, or the operating pressure must be reduced commensurate with the\nstrength of the pipe, based on the actual remaining wall thickness in the pits\n(c) Under paragraphs (a) and (b) of this section, the strength of pipe based on\nactual remaining wall thickness may be determined by the procedure in\nASME/ANSI B31G or the procedure in AGA Pipeline Research Committee Project\nPR 3-805 (with RSTRENG disk). Both procedures apply to corroded regions that\ndo no( penetrate the pipe wall, subject to the limitations prescribed in the\nprocedures.\nOmimex maintenance procedure 4. D. 2 gives no instructions for operator personnel to\nfollow when determining the remaining pipe strength when general corrosion is found on\nthe pipe.\n14. $192. 605 Procedural manual for operations, maintenance, and emergencies\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(8) Periodically reviewing the work done by operator personnel to determine the\neffectiveness and adequacy of the procedures used in normal operation and\nmaintenance and modifying the procedure when deficiencies are found\nOmimex Procedures do not clearly define a process for assessmg the effectiveness of\ntheir O&M procedures, and for documenting such action has occurred.\n15. $192. 605 Procedural manual for operations, maintenance, and emergencies\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(9) Taking adequate precautions in excavated trenches to protect personnel from\nthe hazards of unsafe accumulations of vapor or gas, and making available when\nneeded at the excavation, emergency rescue equipment, including a breathing\napparatus and, a rescue harness and line.\n\n\n\nOmimex maIntenance procedure 3. K. 2 does not have enough detail for protecting\npersonnel from hazards of unsafe accumulations of vapors or gas.\n16. $192. 619 Maximum allowable operating pressure: Steel or plastic pipelines.\n(a) Except as provided in paragraph (c) of this section, no person may operate a\nsegment of steel or plastic pipeline at a pressure that exceeds the lowest of the-\nfollowing:\n(1) The design pressure of the weakest element in the segment, determined in\naccordance with subparts C and D of this part. However, for steel pipe in pipelines\nbeing converted under $192. 14 or uprated under subpart K of this part, if any\nvariable necessary to determine the design pressure under the design formula\n($192. 105) is unknown, one of the following pressures is to be used as design\npressure:\n(i) Eighty percent of the first test pressure that produces yield under section N5. 0 of\nAppendix N of ASME B31. 8, reduced by the appropriate factor in paragraph\n(a)(2)(ii) of this section; or\n(ii) If the pipe is 12'/4 inches (324 mm) or less in outside diameter and is not tested to\nyield under this paragraph, 200 p. s. i. (1379 kPa) gage.\nf\nProcedure 3. D. 1 does not direct that the MAOP be determined from the lesser of 1) the\ndesign pressure, 2) the rated pressure of the weakest component, or 3) 80% of the lowest\ntest pressure.\n17. $192. 709 Transmission lines: Record keeping.\n(c) A record of each patrol, survey, inspection, and test required by subparts L and\nM of this part must be retained for at least 5 years or until the next patrol, survey,\ninspection, or test is completed, whichever is longer.\nAnd\n17. a. $192. 605 Procedural manual for operations, maintenance, and emergencies\n(c) Abnormal operation. For transmission lines, the manual required by\nparagraph (a) of this section must include procedures for the following to\nprovide safety when operating design limits have been exceeded:\n(1) Responding to, investigating, and correcting the cause of:\n(i) Unintended closure of valves or shutdowns;\n(ii) Increase or decrease in pressure or flow rate outside normal operating\nlimits;\n(iii) Loss of communications;\n(iv) Operation of any safety device; and,\n(v) Any other foreseeable malfunction of a component, deviation from\nnormal operation, or personnel error which may result in a hazard to\npersons or property.\nOmimex abnormal operation procedure 3. L. 1 does not direct operator personnel to\ndocument of abnormal operations including actions taken.\n-10-\n\n\n\n18. $192. 805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) Identify covered tasks;\nOmimex's Operator Qualification Program (OQP) does not have a process for\ndetermining if a task is a covered task .\n19. $192. 805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\n19. a. Omimex's OQP does not have a process that will enable an Omimex supervisor\ndetermine if contractor personnel are qualified and have had sufficient traioing to\ncomplete a covered task. Additionally Omimex's OQP does not require that there\n,\nbe task specific abnormal operating condition (AOC) qualification before\ncontractor personnel are qualified to perform the covered task.\n19. b. Omimex's OQP does not contain a process for insuring that newly aquired assets\nthat result from mergers or acquisitions will be incorporated into the program.\n20. $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;\nThe provisions in the OQP state that ratio of quahfied to non-qualified shall be\nminimized but does not give a number non-qualified individuals that can be directed and\nobserved by a quahfied individual for each covered task. Additionally the OQP does not\nprovide guidance as to which covered tasks cannot be performed by a non-qualified\nindividual under direct observation of qualified indivual.\n21. $192. 805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(f) Communicate changes that affect covered tasks to individuals performing those\ncovered tasks;\nOmimex's OQP does not clearly define the process for communicating changes that\naffect covered tasks to the individuals performing those covered tasks. Additionally the\nOQP states that each contractor has the responsibility to manage these changes and\nensure that, if required, individuals will be re-evaluated and qualified according to the\n\n\n\nchanges prior to the performance of any covered tasks. Management of changes is the\noperator's responsibility, not a contractor's responsibility.\n22. $192. 805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(g) Identify those covered tasks and the intervals at which evaluation of the\nindividual's qualiTications is needed.\nOmimex's latest revision of their Operator Qualification Program (OQP) does not contain\ntheir original list of covered task names associated with their faciltieies. It appears that\nthis list of task names was in an earher revision of their OQP under Appendix B but that\nlist is no longer in their most recent OQP. Regardless, the old list only listed the name of\nthe covered tasks and not the covered task descriptions; the required training, if needed,\nto qualify for each covered task; the accepted qualification methods; accepted industry\ncertifications; re-qualifiation intervals for each task; and abnormal operating conditions\n(AOCs) unique to each covered task.\n23. $192. $05 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(i) After December 16, 2004, notify the Administrator or a state agency\nparticipating under 49 IJ. S. C. Chapter 601 if the operator significantly modifies the\nprogram after the Administrator or state agency has verified that it complies with\nthis section.\nOmimex's OQP does not contain provisions for notifying PHMSA of significant\nmodifications to their OQP.\nRes onse to this Notice\nThis Notice is provided pursuant to 49 U. S. C. $ 60108(a) and 49 C. F. R. $ 190. 237. Enclosed as\npart of this Notice is a document entitled Response Options for Pipehne 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). If you do not respond within 30 days\nof receipt 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 a Final Order.\n-12-\n\n\n\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies\n(49 C. F. R. $ 190. 237). If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within [number of days] days of receipt of this Notice. This\nperiod may be extended by written request for good cause. Once the inadequacies identified\nherein have been addressed in your amended procedures, this enforcement action will be closed.\nIn correspondence concerning this matter, please refer to CPF 5-2007-1009M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nChris idal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nt\nEnclosure: Response Options for Pipeline Operators tn Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 G. Davis (0118882)\n-13-","truncated":false,"body_characters":30581}