{"operation":"document","citation":"CPF 520125018M","title":"KUPARUK TRANSPORTATION CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-12-03","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(d)(1), 195.446(d)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520125018m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520125018m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520125018m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520125018M","body":"Notice of Amendment involving KUPARUK TRANSPORTATION CO. PHMSA's enforcement data identifies the cited regulations as 195.446(d)(1),  195.446(d)(4). The case was opened on 2012-12-03 and is reported as closed as of 2013-03-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520125018M_closure letter_03012013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125018M/520125018M_closure%20letter_03012013.pdf\n\n520125018M_closure letter_03012013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125018M/520125018M_closure%20letter_03012013_text.pdf\n\n520125018M_notice of amendment_12032012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125018M/520125018M_notice%20of%20amendment_12032012.pdf\n\n520125018M_notice of amendment_12032012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125018M/520125018M_notice%20of%20amendment_12032012_text.pdf\n\n520125018M_operator response_12172012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125018M/520125018M_operator%20response_12172012.pdf\n\n520125018M_notice of amendment_12032012_text.pdf\n\nNOTICE OF AMENDMENT\nVIA UPS GROUND: 1ZWR25880398921516\nDecember 3, 2012\nMr. Bijan Agarwal\nVP Commercial Assets, Alaska\nKuparuk Transportation Company\n700 G Street\nAnchorage, Alaska 99510\nCPF 5-2012-5018M\nDear Mr. Agarwal:\nOn July 23, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nConocoPhillips’ Control Room Management procedures in Prudhoe Bay, Alaska.\nOn the basis of the inspection, PHMSA has identified inadequacies within ConocoPhillips’\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\nprovide for an emergency deviation from the maximum limit if necessary for the\nsafe operation of a pipeline facility.\nConocoPhillips’ “Controller Shift Management Procedure, NSPL-0000-PL-5407, Section\n2.2.2” states, “Any time a Controller works one or more shifts in a different duty role, the\nconsecutive shift counts as a Controller reverts to zero.” ConocoPhillips must amend the\nprocedure to indicate that all work is included in “Hours of Service.”\n\n\n\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\nprovide for an emergency deviation from the maximum limit if necessary for the\nsafe operation of a pipeline facility.\nConocoPhillips’ “Controller Shift Management Procedure, NSPL-0000-PL-5407, Section\n2.2.3” states, “However, in the event a Controller works an extended hitch (more than 14\ndays of 12 hours) this may not always be the case. When returning to duties, the time off\nbetween hitches will be a minimum of 36 hours,” and, “In the event of an exception to this\nrequirement, the Exception Approval process must be followed.”\nConocoPhillips must amend their procedure and remove the exception, or prepare a\nprocedure justifying the use of the exception for not requiring a Controller to have a\nminimum of 35 hours of time off between hitches.\n3. §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(1) Establish shift lengths and schedule rotations that provide controllers off-\nduty time sufficient to achieve eight hours of continuous sleep;\nConocoPhillips’ “Controller Shift Management Procedure, NSPL-0000-PL-5407, Appendix\nA” includes “Exception Process Approval Form” which states, “This form should be used to\ndocument the approved decision to allow Controller work shift in excess of 15 hours when 8\nhours of bed rest will not be afforded, hitches in excess of 21 days, or instances of less than\n36 hours off between Controller hitches. It should be used on a case by case basis, in advance\nof the shift exceptions.” ConocoPhillips must amend its procedure to allow controllers time\nsufficient to achieve eight hours of continuous sleep.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part 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\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\n2\n\n\n\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this 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\nin this Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 90 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that ConocoPhillips maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\nof plans, procedures) and submit the total to Dennis Hinnah, Deputy Director, Western\nRegion, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 5-2012-5018M and send all documents to 188 W.\nNorthern Lights Blvd., Suite 520, Anchorage, AK 99503. For each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nDennis Hinnah\nDeputy Director, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 B. Flanders (#138251)\nAnn Peltier, DOT Program Coordinator\n3\n\n520125018M_closure letter_03012013_text.pdf\n\nVIA UPS GROUND – 1Z WR2 588 03 9363 4916\nMarch 1, 2013\nMr. Bijan Agarwal\nVP Commercial Assets, Alaska\nKuparuk Transportation Company\n700 G Street\nAnchorage, Alaska 99510\nCPF 5-2012-5018M\nDear Mr. Agarwal:\nOn July 23, 2012, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an\non-site Control Room Management inspection of ConocoPhillips’ procedures in Prudhoe\nBay, Alaska. As a result of the inspection, ConocoPhillips was issued a Notice of\nAmendment on December 3, 2012, which proposed amendment of your procedures.\nConocoPhillips submitted its amended procedures on December 17, 2012. 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\nyou for your cooperation.\nSincerely,\nDennis Hinnah\nDeputy Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP Compliance Registry\nPHP-500 B. Flanders","truncated":false,"body_characters":8392}