{"operation":"document","citation":"CPF 520195012M","title":"TRANS MOUNTAIN PIPELINE (PUGET SOUND) LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-12-05","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(d)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520195012m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520195012m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520195012m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520195012M","body":"Notice of Amendment involving TRANS MOUNTAIN PIPELINE (PUGET SOUND) LLC. PHMSA's enforcement data identifies the cited regulation as 195.446(d)(4). The case was opened on 2019-12-05 and is reported as closed as of 2020-01-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520195012M_Closure Letter_01272020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520195012M/520195012M_Closure%20Letter_01272020.pdf\n\n520195012M_Closure Letter_01272020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520195012M/520195012M_Closure%20Letter_01272020_text.pdf\n\n520195012M_Notice of Amendment_12052019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520195012M/520195012M_Notice%20of%20Amendment_12052019.pdf\n\n520195012M_Notice of Amendment_12052019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520195012M/520195012M_Notice%20of%20Amendment_12052019_text.pdf\n\n520195012M_Operator Response to Notice_12192019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520195012M/520195012M_Operator%20Response%20to%20Notice_12192019.pdf\n\n520195012M_Notice of Amendment_12052019_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 5, 2019\nMr. Hugh Harden\nV.P. Operations Engineering EHS\nTrans Mountain Pipeline (Puget Sound) LLC\n300 5th Avenue SW\nSuite 2700\nCalgary, Alberta T2P 5J2\nCanada\nCPF 5-2019-5012M\nDear Mr. Harden:\nOn May 7 through 9, 2019, a representative of the Washington Utilities and Transportation\nCommission (UTC), on behalf of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Trans Mountain Pipeline\n(Puget Sound) LLC’s procedures for Operations and Control Room Management in Bellingham,\nWashington.\nOn the basis of the inspection, UTC has identified the apparent inadequacies found within Trans\nMountain Pipeline (Puget Sound) LLC plans or procedures, as described below:\n1. 195.446 Control Room Management\n(d) Fatigue mitigation. Each operator must implement the following methods to reduce\nthe risk associated with controller fatigue that could inhibit a controller's ability to carry\nout the roles and responsibilities the operator has defined:\n(1) …\n(4) Establish a maximum limit on controller hours-of-service, which may provide for an\nemergency deviation from the maximum limit if necessary for the safe operation of a\npipeline facility.\n\n\n\nSection 3.5 entitled “Fatigue Mitigation Standard” located in Puget Sound’s Operations and\nControl Room Management procedures is inadequate because it did not establish a maximum\nlimit on controller hours-of-service, which may provide for an emergency deviation from the\nmaximum limit if necessary for the safe operation of a pipeline facility.1\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 part\nof 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 material\nyou submit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment 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 receipt\nof this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and\nauthorizes 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 procedures\nare found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures\nto correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose\nthat you submit your amended procedures to my office within 60 days of receipt of this Notice. This\nperiod may be extended by written request for good cause. Once the inadequacies identified herein\nhave been addressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Trans Mountain Pipeline (Puget Sound) LLC maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Dustin Hubbard, Director, Western\nRegion, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 5-2019-5012M and, for each document you submit, please provide a copy\nin electronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 A. Ceartin (#166717)\nSean Mayo, Pipeline Safety Director, Washington Utilities and Transportation Commission\n1 The operator is encouraged, but not ordered, to consider the recommendations located in API Recommended\nPractice 1168, Section 7 on fatigue management.\n2\n\n520195012M_Closure Letter_01272020_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 27, 2020\nMr. Hugh Harden\nV.P. Operations Engineering EHS\nTrans Mountain Pipeline (Puget Sound) LLC\n300 5th Avenue SW\nSuite 2700\nCalgary, Alberta T2P 5J2\nCanada\nCPF 5-2019-5012M\nClosure Letter\nDear Mr. Harden:\nOn May 7 through 9, 2019, a representative of the Washington Utilities and Transportation\nCommission (UTC), on behalf of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site pipeline safety\ninspection of Trans Mountain Pipeline (Puget Sound) LLC’s procedures for Operations and Control\nRoom Management in Bellingham, Washington. As a result of the inspection, Trans Mountain\nPipeline (Puget Sound) LLC was issued a Notice of Amendment on December 5, 2019, which\nproposed amendment of your procedures.\nTrans Mountain Pipeline (Puget Sound) LLC submitted its amended procedures on December 19,\n2019. My staff reviewed the amended procedures, and it appears that the inadequacies outlined in this\nNotice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you for\nyour cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 A. Ceartin (#166717)\nSean Mayo, Pipeline Safety Director, Washington Utilities and Transportation Commission","truncated":false,"body_characters":7120}