{"operation":"document","citation":"CPF 520085004M","title":"EXPRESS HOLDINGS (USA), LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-03-06","effective_on":null,"summary":"CLOSED notice of amendment citing 195.214(a), 195.402(a), 195.402(c)(4), 195.5(b), 195.571.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085004m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085004m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520085004m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520085004M","body":"Notice of Amendment involving EXPRESS HOLDINGS (USA), LLC. PHMSA's enforcement data identifies the cited regulations as 195.214(a),  195.402(a),  195.402(c)(4),  195.5(b),  195.571. The case was opened on 2008-03-06 and is reported as closed as of 2008-05-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520085004M_notice of amendment_03062008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085004M/520085004M_notice%20of%20amendment_03062008.pdf\n\n520085004m_notice of amendment_03062008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085004M/520085004m_notice%20of%20amendment_03062008_text.pdf\n\n520085004M_operator response_04032008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520085004M/520085004M_operator%20response_04032008.pdf\n\n520085004m_notice of amendment_03062008_text.pdf\n\nSPHT Trj ('Divjj'(. TAHOE ~/AY\nHat&letter j. lcctloitl+y\n't ot f op c J. Date~et\nu. s. Department\nof Transportation\ntaipetine and\nHazardous Matertats Safety\nAdministration\n12300 W. Dakota Ave.\nLakewood, CO 80228\nSuite 110\n,\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURlkf RECEIPT RE UKSTKD\nMarch 6, 2008\nMr. Dean Dick\nDirector, Southern Region\nKinder Morgan (USA), Inc.\n800 Werner Court\nCasper, WY 82601\nCPF 5-2008-5004M\nDear Mr. Dean:\nOn August 13 to August 17, 2007 and October 22 to October 25, 2007, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of\n49 United States Code, inspected Kinder Morgan USA, Inc. 's (KM) procedures for Operations\nand Maintenance in Casper, Wyoming.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nKM plans or procedures, as described below:\n«I 195. 5 Conversion to Service.\n(b) A pipeline that qualifies for use under this section need not comply with the\ncorrosion control requirements of subpart H of this part until 12 months after it is\nplaced into service, notwithstanding any previous deadlines for compliance.\nEinder Morgan 's Procedure 336 Conversion to Service, paragraph 5. 5 references\nSubpart H of 195 and not Kinder Morgan's corrosion procedures for corrosion control\nrequirements for pipelines that have been converted to hazardous liquid service.\nAn operator's conversion to service procedure must either describe actions required to\nconvert a pipeline to hazardous liquid service or they must reference a source that details\nthose actions to insure the project will be in compliance with Part 195. An operator\ncannot simply refer to requirement in Part 195 for guidance.\n\n\n\nII195. 214 Welding procedures.\n(a) Welding must be performed by a qualified welder in accordance with welding\nprocedures qualified under Section 5 of API 1104 or Section IX of the ASME Boiler\nand Pressure Vessel Code (ibr, see (t 195. 3) . The quality of the test welds used to\nqualify the welding procedure shall be determined by destructive testing.\nExpress Pipeline Manual, Section 9 Pipeline Repairs, paragraph 2. 1, page 9-1 references\nthe current edition (the current edition is the 20' ) of 1104 and not the 19th edition as is\nincorporated by Part 195. The 19th edition must be referenced for girth weld practices.\n(1195. 571 What criteria must I use to determine the adequacy of cathodic\nprotection?\nCathodic protection required by this subpart must comply with one or more of the\napplicable criteria and other considerations for cathodic protection contained in\nparagraphs 6. 2 and 6. 3 of NACE Standard RP 0169 (incorporated by reference, see\n(1195. 3).\nExpress Pipeline Corrosion Control Procedures, paragraph 1. 1. 1 and 1. 1. 2 references\nthe \"current edition\" of NACE RP0169 for cathodic protection guidance.\nOften the current version of a standard incorporated by reference in Part 195 is not the\nmost current. Therefore, when an operator is referencing a standard incorporated by\nreference in Part 195 the operator must reference the edition that is incorporated by\nPart 195.\n(1195. 402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nThe Express pipeline welding manual as well as the procedures for establishing a\nmaximum operating pressure allow for a maximum period of three years for review. All\nprocedures related to regulatory operation and maintenance activities must be reviewed\nonce each calendar year not to exceed 15 months. Therefore, regulator operation and\nmaintenance procedure review procedures must ensure that these procedures are\nreviewed once each calendar year not to exceed 15 months.\n$195. 402 Procedural manual for operations, maintenance, and emergencies.\nc) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n\n\n\n(4) Determining which pipeline facilities are located in areas that would require an\nimmediate response by the operator to prevent hazards to the public if the facilities\nfailed or malfunctioned.\nKM has developed criteria to determine areas where immediate assistance would be\nrequired from public officials to protect the public in the event of a facility malfunction.\nKM's emergency response procedures do not yet describe those areas along their\nExpress pipeline would require immediate response.\nRes onse to this Notice\nThis Notice is provided pursuant to 49 U. S. C. ( 60108(a) and 49 C. F. R. tj 190. 237. 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\nfor confidential treatment under 5 U. S. C, 552(b), along with the complete original document\nyou must 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.\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. ll 190. 237). If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within 30 days of receipt of this Notice. This period may be\nextended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIn correspondence concerning this matter, please refer to CPF 5-2008-5004M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\n')\noMal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 G. Davis (¹118903, 118876)\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings","truncated":false,"body_characters":8019}