{"operation":"document","citation":"CPF 52021007NOA","title":"PANTHER OPERATING COMPANY, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-03-04","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(b)(1), 195.446(b)(4), 195.446(b)(5), 195.446(c)(3), 195.446(d)(2), 195.446(h), 195.446(h)(1), 195.446(h)(3), 195.446(h)(4), 195.446(j)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021007noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021007noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021007noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021007NOA","body":"Notice of Amendment involving PANTHER OPERATING COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 195.446(b)(1),  195.446(b)(4),  195.446(b)(5),  195.446(c)(3),  195.446(d)(2),  195.446(h),  195.446(h)(1),  195.446(h)(3),  195.446(h)(4),  195.446(j)(2). The case was opened on 2021-03-04 and is reported as closed as of 2022-12-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021007NOA_Closure Letter_12192022_(20-172190).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021007NOA/52021007NOA_Closure%20Letter_12192022_(20-172190).pdf\n\n52021007NOA_Closure Letter_12192022_(20-172190)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021007NOA/52021007NOA_Closure%20Letter_12192022_(20-172190)_text.pdf\n\n52021007NOA_Notice of Amendment_03042021_(20-172190).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021007NOA/52021007NOA_Notice%20of%20Amendment_03042021_(20-172190).pdf\n\n52021007NOA_Notice of Amendment_03042021_(20-172190)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021007NOA/52021007NOA_Notice%20of%20Amendment_03042021_(20-172190)_text.pdf\n\n52021007NOA_Op Resp to Notice and Req Time Extension_03182021_(20-172190).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021007NOA/52021007NOA_Op%20Resp%20to%20Notice%20and%20Req%20Time%20Extension_03182021_(20-172190).pdf\n\n52021007NOA_Op Resp to Notice and Req Time Extension_03182021_(20-172190).pdf\n\nTHIRD' COAST\nMarch 18, 2021\nMIDSTREAM\nMr. Dustin B. Hubbard\nDirector, Wester Region\nPipeline and Hazardous Materials Safety Administration\n12300 W. Dakota Ave., Suite 110\nLakewood, CO 80228\nRe: CPF 5-2021-007-NOA\nDear Mr. Hubbard,\nThird Coast Midstream, LLC (Third Coast) is in receipt of your Notice of Amendment dated March 4, 2021\n(Notice). As described in the Notice, personnel of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) performed a virtual inspection of the Third Coast control rooms located in\nHouston, Texas and Texas City, Texas where selected items were found to be inadequately described and/or\nexecuted in Third Coast's control room management procedures (Procedures), communication plan, and\ntraining program. Third Coast does not contest these findings and is currently working to remedy these\nfindings as Third Coast is committed to ensuring full compliance with all applicable regulations as\ndocumented in the Notice. Please find Third Coast's response to the findings excerpted from the Notice\nbelow:\n1. PHMSA WARNING: Third Coast must revise their Procedures to define the process controllers must\nfollow when transferring to a backup control room and include in the Procedures a formalized process\nfor transferring responsibilities to another location, including shift-change forms or other\ndocumentation.\nTHIRD COAST RESPONSE: Third Coast will revise the Procedures in question to better define the roles\nand responsibilities of a controller during normal, abnormal, and emergency operating conditions. Third\nCoast will also revise the Procedures in question to better define a controller's authority and responsibility\nProcedures in question to include transferring operations to another location making sure to include a formal\nto make decisions and take actions during normal operations. Additionally, Third Coast will revise the\ntransfer of responsibilities, shift-change forms and/or other documentation, and the responsibilities of all\npersonnel involved.\n2. PHMSA WARNING: Third Coast must revise their Procedures to address replacement controllers,\nincluding when a controller must leave without a replacement, supervisory duties to contact\nreplacements, and situations in which replacement controllers are needed on an urgent basis.\nTHIRD COAST RESPONSE: Third Coast will revise the Procedures in question to better define the roles\nand responsibilities during normal, abnormal, and emergency operating conditions. Third Coast will also\nrevise the Procedures in question to include the shift-change handover process and documentation in use.\nThird Coast will include in their revision situations where the on-duty controller may have to leave the\ncontrol room and information required to exchange and understand prior to a relief controller taking control\nof the console. Third Coast will update the Procedures in question to include contacting a supervisor to find\na replacement controller to ensure that a controller's hours of service are considered in selecting the relief\ncontroller. Third Coast will also include in their revision, a process for oncoming controllers to report their\nfitness for duty, and if a controller is not fit for duty, the method by which this is reported and documented.\n1501 McKinney St., Suite 800, Houston, TX 77010 • Office: (346) 241-3400 Fax: (713) 815-3998\nwww.3CMidstream.com\n\n\n\n3. PHMSA WARNING: Third Coast must revise their Procedures to adequately define the roles,\nresponsibilities, and qualifications for each person with the authority to direct or supersede the technical\nactions of a controller, and how that authority would be implemented and documented.\nTHIRD COAST RESPONSE: Third Coast will revise the Procedures in question to better define the roles\nand responsibilities during normal, abnormal, and emergency operating conditions. Third Coast will revise\nthe roles and responsibilities detailed in CRM-002, Section 2.6, Authority to Direct or Supersede a\nController's Actions, as it was understood to be contradictory to statements made by the controller being\nable to control either console. Third Coast will revise the Procedure in question to clearly define how those\nwith authority to supersede or direct a controller's actions would execute and document this occurrence.\n4. PHMSA WARNING: Third Coast must revise the communication plan to include all critical locations\nthat would require manual operation if a loss of communications occurred.\nTHIRD COAST RESPONSE: Third Coast will revise the communication plan in question regarding the\nverification, testing, and documentation of the internal communication plan. Additionally, Third Coast will\nrevise the communication plan to identify the critical assets and locations to deploy personnel to for manual\n5. PHMSA WARNING: Third Coast must revise their Procedures to clearly provide how controllers will\nbe trained in fatigue mitigation strategies and how off-duty activities contribute to fatigue.\nTHIRD COAST RESPONSE: Third Coast will revise the Procedures in question to further clarify how\ncontrollers will be trained in fatigue mitigation strategies, including information on how off-duty activities\ncontribute to fatigue.\n6. PHMSA WARNING: Third Coast must revise their training program to clearly describe the process\nfor training controllers in each phase identified, develop and carry out oral examinations to ensure\nconsistency in training and evaluation, and develop pass/fail criteria for each phase of training.\nAdditionally, Third Coast must revise their procedure for reviewing the training program content\n(including fatigue mitigation education) to determine effectiveness, metrics used for the review, and\nidentify any improvements necessary or document no improvements were needed.\nTHIRD COAST RESPONSE: Third Coast will revise their training program in question to clarify\nincluded references to two different final evaluations as documented in CRM-008: Training, Sections 8.3.4\nand 8.3.5. Additionally, Third Coast will update CRM-APP-008: Training in accordance with Operator\nQualification (OQ) evaluation requirements. Third Coast will also revise CRM-APP-008: Training, Section\n8.3.5, Final Evaluation, to include measures to ensure it is performed effectively and consistently. Third\nscores that should be achieved during training. Third Coast will revise their training program in question to\nCoast will also revise training Phases I/II/III to better identify the pass/fail criteria and include the passing\ninclude the review cycle of the training program, which will be once every calendar year, not to exceed\nfifteen months, and Third Coast will document how the training program is reviewed and how that review\nis documented. Third Coast will also revise an incorrect reference to document CRM-APP-801: Review of\nController Training that includes the wrong document name. Third Coast will revise document CRM-004:\nFatigue Management Rev. 10, Revised August 14, 2019, Section 4.8: Fatigue Management Strategies to\nclearly identify how Third Coast will perform a review of the Fatigue Mitigation Training material and\nwhich portions of the training material will be reviewed. Additionally, the process of reviewing CRM-004:\nFatigue Management Rev. 10, Revised August 14, 2019, will be described and review documentation and\nmeasures will be identified.\n1501 McKinney St., Suite 800, Houston, TX 77010 • Office: (346) 241-3400 Fax: (713) 815-3998\nwww.3CMidstream.com\n\n\n\n7. PHMSA WARNING: Third Coast must revise their training procedures to address how controllers\nwill be trained on abnormal operating conditions that are likely to occur simultaneously or in sequence.\nTHIRD COAST RESPONSE: Third Coast will revise the training procedures in question to include\ndescriptions of Abnormal Operating Conditions (AOC) that may occur simultaneously or in sequence.\nThird Coast will revise CRM-008: Training, Section 8.2 Program, to better document how the controllers\nare to be trained. Third Coast will also revise the training procedures in question to include information\nregarding the method that controllers are trained regarding AOC that may occur.\n8. PHMSA WARNING: Third Coast must revise their training procedures to address how controllers\nwill be trained on their responsibilities for communication under the operator's emergency response\nprocedures.\nTHIRD COAST RESPONSE: Third Coast will revise the training procedures in question to better\ndescribe the controller's training on their responsibilities for communication during an emergency response.\non their responsibilities for communication under the Third Coast Midstream emergency response\nThird Coast will revise CRM-008: Training, Section 8.2 Program, to identify how controllers will be trained\nprocedures.\n9. PHMSA WARNING: Third Coast must revise their training procedures to address how controllers\nwill be trained for a working knowledge of the pipeline system, especially during the development of\nabnormal operating conditions.\nTHIRD COAST RESPONSE: Third Coast will revise the training procedures in question to include\ntraining on AOC and the identification of and response to a developing AOC. Third Coast will revise CRM-\n008: Training, Section 8.2 Program, to include training that will provide a working knowledge of the\npipeline system with emphasis on the development of AOC.\n10. PHMSA WARNING: Third Coast must revise their Procedure to create a means of documenting why\na deviation was necessary for the safe operation of the pipeline facility.\nTHIRD COAST RESPONSE: Third Coast will revise the Procedures and supporting document in\nquestion, CRM-APP-101, Control Room Management Deviation Form, to include, as part of the process,\na method for documenting why deviations from the Procedure were necessary for the safe operations of the\npipeline facility.\nThird Coast requests a period of 120 days from the date the Notice was received to remedy the above\numerated findings in accordance with the responses provided herein. Since the time of PHMSA's origin\ndit conducted in July 2020, Third Coast has divested the asset that was the primary source for PHMSA\nfindings in the Notice, and Third Coast has also hired a new Manager of CRM and Alarms. Thank you for\nyour consideration of Third Coast's responses to the Notice. Please reach out to our leadership with any\nquestions or concerns you may have regarding these responses.\nSincerely,\nMatthew W. Rowland\nPresident & CEO\nThird Coast Midstream, LLC\n1501 McKinney St., Suite 800, Houston, TX 77010 • Office: (346) 241-3400 Fax: (713) 815-3998\nwww.3CMidstream.com\n\n52021007NOA_Closure Letter_12192022_(20-172190)_text.pdf\n\nVIA E-MAIL TO MR. MATTHEW ROWLAND\nDecember 19, 2022\nMr. Matthew Rowland\nCEO\nLighthouse Midstream Services\n1501 McKinney St., Suite 800\nHouston, TX 77010\nCPF 5-2021-007-NOA\nClosure Letter\nDear Mr. Rowland:\nDuring the week of July 13 through 17, 2020, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), performed a virtual inspection of the Third Coast Midstream, LLC (Third Coast, and\nnow Lighthouse Midstream Services), control rooms located in Houston and Texas City, Texas.\nThis inspection included review of the company’s procedures and records, and virtual\nobservations of control room operations associated with the Control Room Management\nProgram.\nAs a result of the inspection, Third Coast was issued a Notice of Amendment on March 4, 2021,\nwhich proposed amendment of your procedures. After requesting and receiving an extension,\nThird Coast submitted amended procedures on July 1, 2021, to which an inadequate response\nletter was issued on November 12, 2021.\nThird Coast submitted further amended procedures on April 11, 2022, via email. My staff has\nreviewed the 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 you\nfor your cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#20-172190)\n\n52021007NOA_Notice of Amendment_03042021_(20-172190)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. MATTHEW ROWLAND\nMarch 4, 2021\nMr. Matthew Rowland\nCEO\nThird Coast Midstream, LLC\n1501 McKinney, Suite 800\nHouston, TX 77010\nCPF 5-2021-007-NOA\nDear Mr. Rowland:\nDuring the week of July 13 through 17, 2020, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), performed a virtual inspection of the Third Coast Midstream, LLC (Third Coast),\ncontrol rooms located in Houston and Texas City, Texas. The inspection covered procedures,\nrecords, and virtual observations.\nBased on the inspection, PHMSA has identified the apparent inadequacies found within Third\nCoast Midstream’s plans or procedures, as described below:\n1. § 195.446 - Control room management.\n(b) Roles and responsibilities. Each operator must define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating\nconditions. To provide for a controller's prompt and appropriate response to\noperating conditions, an operator must define each of the following:\n(1) A controller's authority and responsibility to make decisions and take actions\nduring normal operations;\n\n\n\nThe Third Coast Control Room Management Procedures do not define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating conditions.\nSpecifically, the Procedures do not define a controller’s authority and responsibility to make\ndecisions and take actions during normal operations. In CRM-003, Section 3.3, Business\nContinuity Center, the process does not define which controller must initiate a planned transfer\nto a backup control room. Additionally, transferring operations to another location must include\na formal transfer of responsibilities, including shift-change forms or other documentation,\nhowever, the Procedures do not define the responsibilities during such a transfer or include\ncorresponding documentation.\nThird Coast must revise their Procedures to define the process controllers must follow when\ntransferring to a backup control room and include in the Procedures a formalized process for\ntransferring responsibilities to another location, including shift-change forms or other\ndocumentation.\n2. § 195.446 - Control room management.\n(b) Roles and responsibilities. Each operator must define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating\nconditions. To provide for a controller's prompt and appropriate response to\noperating conditions, an operator must define each of the following:\n(1) …\n(4) A method of recording controller shift-changes and any hand-over of\nresponsibility between controllers.\nThe Third Coast Control Room Management Procedures do not define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating conditions.\nSpecifically, the Procedures do not include a method of recording any hand-over of\nresponsibility between controllers. The CRM-003, Section 3.6.3, Alternate Shift Change\nProcedure, does not include procedures regarding situations when a controller must leave the\ncontrol room and before a replacement controller can begin.\nThe Procedures also do not include the process for contacting a supervisor when a replacement\ncontroller is needed. The Procedures require controllers to call other controllers to find a\nreplacement, which may or may not take hours of service into consideration, which could create\nan hours of service deviation.\nFinally, the Procedure does not address the situation of an oncoming controller reporting they are\nunable to start their shift without finding a replacement controller. The Procedure states that\noperators will follow internal communication plan if the situation arises; however, the internal\ncommunication plan covers only communication outages or SCADA outages and not\nreplacement controllers.\nThird Coast must revise their Procedures to address replacement controllers, including when a\ncontroller must leave without a replacement, supervisory duties to contact replacements, and\nsituations in which replacement controllers are needed on an urgent basis.\n2\n\n\n\n3. § 195.446 - Control room management.\n(b) Roles and responsibilities. Each operator must define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating\nconditions. To provide for a controller's prompt and appropriate response to\noperating conditions, an operator must define each of the following:\n(1) …\n(5) The roles, responsibilities and qualifications of others who have the authority to\ndirect or supersede the specific technical actions of controllers.\nThe Third Coast Control Room Management Procedures do not define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating conditions.\nSpecifically, the Procedures do not define the roles, responsibilities and qualifications of others\nwho have the authority to direct or supersede the specific technical actions of controllers.\nSection 2.6, Authority to Direct or Supersede a Controller’s Actions, of CRM-002 states that\nonly supervisors and lead controllers qualified for respective consoles can direct or supersede the\ntechnical actions of controllers. However, the Procedure also states \"...such individuals would\nnot necessarily need to be broadly qualified as a controller.\" During the inspection, the operator\nverbally stated that supervisors are not qualified on both consoles. The Procedure is\ncontradictory and does not address the roles, responsibilities, and qualifications of the\nsupervisors with the authority to direct or supersede the specific technical actions of controllers\non each console.\nThe procedure also fails to clearly state how those with the authority to direct or supersede would\nimplement and document that authority.\nThird Coast must revise their Procedures to adequately define the roles, responsibilities, and\nqualifications for each person with the authority to direct or supersede the technical actions of a\ncontroller, and how that authority would be implemented and documented.\n4. § 195.446 - Control room management.\n(c) Provide adequate information. Each operator must provide its controllers with\nthe information, tools, processes and procedures necessary for the controllers to\ncarry out the roles and responsibilities the operator has defined by performing each\nof the following:\n(1) …\n(3) Test and verify an internal communication plan to provide adequate means for\nmanual operation of the pipeline safely, at least once each calendar year, but at\nintervals not to exceed 15 months;\nThird Coast does not provide its controllers with the information, tools, processes and procedures\nnecessary for the controllers to carry out the roles and responsibilities the operator has defined.\nSpecifically, Third Coast did not verify the internal communication plan provides adequate\n3\n\n\n\nmeans for manual operation of the pipeline safety. The communications plan does not identify\nthe critical locations that would require manual operations if a loss of communications occurred.\nThe communication plan, therefore, is not adequate for manual operation of the pipeline safely.\nThird Coast must revise the communication plan to include all critical locations that would\nrequire manual operation if a loss of communications occurred.\n5. § 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) …\n(2) Educate controllers and supervisors in fatigue mitigation strategies and how off-\nduty activities contribute to fatigue;\nThird Coast did not implement methods to reduce the risk associated with controller fatigue that\ncould inhibit a controller's ability to carry out the roles and responsibilities the operator has\ndefined. Specifically, Third Coast did not educate controllers and supervisors in fatigue\nmitigation strategies and how off-duty activities contribute to fatigue. Third Coast does provide\nan annual power point presentation to the controllers regarding fatigue mitigation, however, it\nonly discusses the importance of balancing work and home life. Further, nothing in the training\nmanual describes or addresses how off-duty activities contribute to fatigue.\nThird Coast must revise their Procedures to clearly provide how controllers will be trained in\nfatigue mitigation strategies and how off-duty activities contribute to fatigue.\n6. § 195.446 - Control room management.\n(h) Training. Each operator must establish a controller training program and review\nthe training program content to identify potential improvements at least once each\ncalendar year, but at intervals not to exceed 15 months. An operator's program\nmust provide for training each controller to carry out the roles and responsibilities\ndefined by the operator. In addition, the training program must include the\nfollowing elements;\nThe training manual describes what appears to be two different final evaluations, one under\nSection 8.3.4 and another under 8.3.5. While Section 8.3.5 appears to be specifically for\nOperator Qualifications (OQ), OQ has evaluation requirements that are not satisfied by the\nprocedures described on the form CRM-APP-805. Additionally, Section 8.3.5 mentions a form\n(CRM-APP-806) that is not found in the training manual.\nSection 8.3.5, Final Evaluation, states a discussion is conducted as trainees’ final evaluation.\nThis evaluation is not described to ensure that the test is performed effectively and consistently.\n4\n\n\n\nSections that cover Phase I, Phase II, and Phase III fail to identify a pass/fail criterion or to\ndefine a successful passing score that must be achieved for the training elements. Section 8.3.5,\nFinal Evaluation, is the only section that includes testing criteria and it appears that the criterion\napplies only to written or skill exams for operator qualifications. Oral testing is mentioned for\nPhases I-II; however, the testing criterion is not defined.\nAdditionally, the review process fails to identify the review interval correctly as it states, “The\nTraining Program Content will be reviewed on an annual basis and documented on CRM-APP-\n801: Review of Controller Training.” The review of the training program content to identify\npotential improvements must occur at least once each calendar year, but at intervals not to\nexceed 15 months.\nThe items listed in the training program regarding review of the training, along with the\nidentified form used for documenting the review, fails to indicate how the training content is\nreviewed. Rather, the form asks only if training was performed rather than evaluating the training\ncontent. The identified form (CRM-APP-801) also has a different name than the procedure\nstates.\nThe Training Program, Section 8.5 – Fatigue Management Training directs the reader to CRM-\n004 – Fatigue Management, Revision 10, Revised August 14, 2019. Within this document,\nSection 4.8 Fatigue Management Strategies (Education) fails to clearly explain how the operator\nwill perform a review of the fatigue education content. The training program states that the\nreview will consider several items but it’s unclear how these items will be used to determine or\ngauge the effectiveness of the fatigue education content.\nThird Coast must revise their training program to clearly describe the process for training\ncontrollers in each phase identified, develop and carry out oral examinations to ensure\nconsistency in training and evaluation, and develop pass/fail criteria for each phase of training.\nAdditionally, Third Coast must revise their procedure for reviewing the training program content\n(including fatigue mitigation education) to determine effectiveness, metrics used for the review,\nand identify any improvements necessary or document no improvements were needed.\n7. § 195.446 - Control room management.\n(h) Training. Each operator must establish a controller training program and review\nthe training program content to identify potential improvements at least once each\ncalendar year, but at intervals not to exceed 15 months. An operator's program\nmust provide for training each controller to carry out the roles and responsibilities\ndefined by the operator. In addition, the training program must include the\nfollowing elements:\n(1) Responding to abnormal operating conditions likely to occur simultaneously or\nin sequence;\nThird Coast did not establish a controller training program that includes training regarding\nresponding to abnormal operating conditions likely to occur simultaneously or in sequence.\nCRM-008, Section 8.2, Program, lists all the training elements that will be covered in the\n5\n\n\n\ntraining program, but it fails to explain the details of how the controllers are trained. Specifically,\nthe training program fails to identify any abnormal operating conditions (AOC) that are likely to\noccur simultaneously or in sequence or how controllers are trained on abnormal operating\nconditions that may occur.\nThird Coast must revise their training procedures to address how controllers will be trained on\nabnormal operating conditions that are likely to occur simultaneously or in sequence.\n8. § 195.446 - Control room management.\n(h) Training. Each operator must establish a controller training program and review\nthe training program content to identify potential improvements at least once each\ncalendar year, but at intervals not to exceed 15 months. An operator's program\nmust provide for training each controller to carry out the roles and responsibilities\ndefined by the operator. In addition, the training program must include the\nfollowing elements:\n(1) …\n(3) Training controllers on their responsibilities for communication under the\noperator's emergency response procedures;\nThird Coast did not establish a controller training program that includes training controllers on\ntheir responsibilities for communication under the operator’s emergency response procedures.\nCRM-008, Section 8.2, Program, lists all the training elements that will be covered in the\ntraining program, but fails to explain the details of how the controllers are trained. Specifically,\nthe training program fails to identify how controllers will be trained regarding their\nresponsibilities for communication under the operator’s emergency response procedures.\nThird Coast must revise their training procedures to address how controllers will be trained on\ntheir responsibilities for communication under the operator’s emergency response procedures.\n9. § 195.446 - Control room management.\n(h) Training. Each operator must establish a controller training program and review\nthe training program content to identify potential improvements at least once each\ncalendar year, but at intervals not to exceed 15 months. An operator's program\nmust provide for training each controller to carry out the roles and responsibilities\ndefined by the operator. In addition, the training program must include the\nfollowing elements:\n(1) …\n(4) Training that will provide a controller a working knowledge of the pipeline\nsystem, especially during the development of abnormal operating conditions;\nThird Coast did not establish a controller training program that includes training that will provide\na controller a working knowledge of the pipeline system, especially during the development of\nabnormal operating conditions. CRM-008, Section 8.2, Program, lists all the training elements\nthat will be covered in the training program, but fails to explain the details of how the controllers\n6\n\n\n\nare trained. The training program fails to identify how controllers will be provided a working\nknowledge of the pipeline system, especially during the development of abnormal conditions.\nThird Coast must revise their training procedures to address how controllers will be trained for a\nworking knowledge of the pipeline system, especially during the development of abnormal\noperating conditions.\n10. § 195.446 - Control room management.\n(j) Compliance and deviations. An operator must maintain for review during\ninspection:\n(1) …\n(2) Documentation to demonstrate that any deviation from the procedures required\nby this section was necessary for the safe operation of the pipeline facility.\nThird Coast failed to have an adequate procedure for creating documentation to demonstrate that\nany deviation from the procedures required by this section was necessary for the safe operation\nof the pipeline facility.\nSpecifically, the CRM-APP-101, Control Room Management Plan Deviation Form and the\ncontrol room management procedure fail to require documentation of why deviations from the\nprocedures were necessary for the safe operation of the pipeline facility.\nThird Coast must revise their Procedure to create a means of documenting why a deviation was\nnecessary for the safe operation of the pipeline facility.\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\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit 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\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 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\nreceipt 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 an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\n7\n\n\n\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n60 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Third Coast Midstream, LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Dustin Hubbard, Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 5-2021-007-NOA and, for each document you\nsubmit, please provide a copy in 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 D. Fehling (#20-172190)\n8","truncated":false,"body_characters":33387}