{"operation":"document","citation":"CPF 520186007W","title":"TIDEWATER, INC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-01-25","effective_on":null,"summary":"CLOSED warning letter citing 195.428(a), 195.579(c), 195.583(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520186007w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520186007w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520186007w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520186007W","body":"Warning Letter involving TIDEWATER, INC. PHMSA's enforcement data identifies the cited regulations as 195.428(a),  195.579(c),  195.583(a). The case was opened on 2018-01-25 and is reported as closed as of 2018-01-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520186007W_Operator Response To Notice_04042018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520186007W/520186007W_Operator%20Response%20To%20Notice_04042018.pdf\n\n520186007W_Warning Letter_01252018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520186007W/520186007W_Warning%20Letter_01252018.pdf\n\n520186007W_Warning Letter_01252018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520186007W/520186007W_Warning%20Letter_01252018_text.pdf\n\n520186007W_Warning Letter_01252018_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 25, 2018\nMr. Robert Curcio\nPresident\nTidewater, Inc\n6305 NW Old Lower River Rd\nVancouver, WA 98660\nCPF 5-2018-6007W\nDear Mr. Curcio:\nOn December 11 through 14, 2017, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected your Umatilla, OR to Hinkle 4-inch Line, in Oregon.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation(s) are:\n\n\n\n1. §195.428 Overpressure safety devices and overfill protection systems\n(a) Except as provided in paragraph (b) of this section, each operator shall, at\nintervals not exceeding 15 months, but at least once each calendar year, or in the\ncase of pipelines used to carry highly volatile liquids, at intervals not to exceed\n71∕2 months, but at least twice each calendar year, inspect and test each pressure\nlimiting device, relief valve, pressure regulator, or other item of pressure control\nequipment to determine that it is functioning properly, is in good mechanical\ncondition, and is adequate from the standpoint of capacity and reliability of\noperation for the service in which it is used.\nAt the time of inspection, no records were available to demonstrate that Tidewater had performed\npressure relieve valve inspections in 2016, as the record of relieve valve inspections reviewed\n(maintenance order #2247) showed that the inspection was conducted December 5, 2017. The\noperator’s Operations and Maintenance Manual, Section 590 (c) Overpressure Protection, states\nthat overpressure safety devices (pressure relieve valve) will be inspected at least once each\ncalendar year at intervals not exceeding 15 months. Therefore, Tidewater failed to perform\ninspection of overpressure safety devices and overfill protection systems in accordance with\n§195.428(a).\n2. §195.583 What must I do to monitor atmospheric corrosion control?\n(a) You must inspect each pipeline or portion of pipeline that is exposed to the\natmosphere for evidence of atmospheric corrosion, as follows:\nIf the pipeline is\nlocated:\nThen the frequency of inspection is:\nOnshore ……… At least once every 3 calendar years, but with intervals not\nexceeding 39 months.\nOffshore ……… At least once each calendar year, but with intervals not\nexceeding 15 months.\nA review of the records showed that Tidewater has not monitored the atmospheric corrosion of its\nexposed pipeline since April 2013. From the previous inspection, Tidewater was advised to conduct\natmospheric corrosion monitoring by April 2016. Review of the available record (maintenance\norder #2247) demonstrated that the atmospheric monitoring was conducted on December 5, 2017.\nThe operator’s Operations and Maintenance Manual, Section 403.7 Above Ground Piping, states\nall aboveground piping will be inspected every 3 years not to exceed 39 months. Therefore,\nTidewater failed to monitor atmospheric corrosion of its exposed pipeline in accordance with\n§195.583(a).\n2\n\n\n\n3. §195.579 What must I do to mitigate internal corrosion?\n(c) Removing pipe. Whenever you remove pipe from a pipeline, you must inspect the\ninternal surface of the pipe for evidence of corrosion. If you find internal corrosion\nrequiring corrective action under §195.585, you must investigate circumferentially\nand longitudinally beyond the removed pipe (by visual examination, indirect method,\nor both) to determine whether additional corrosion requiring remedial action exists in\nthe vicinity of the removed pipe.\nTidewater conducted a pipeline modification project in 2015 (Hinko Pipeline modification\nproject). Tidewater cannot show records to demonstrated that an internal inspection for corrosion\nwas performed on the removed pipe. Therefore, Tidewater failed to inspect the internal surface of\na removed pipeline for evidence of corrosion in accordance with §195.579(c).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists up to a maximum of $2,090,022 for a related\nseries of violations. For violations occurring prior to November 2, 2015, the maximum penalty\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed\n$2,000,000 for a related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the item(s) identified in\nthis letter. Failure to do so will result in Tidewater, Inc being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2018-6007W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nDustin Hubbard\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 G. Ajiboye (#157468)\n3","truncated":false,"body_characters":6479}