{"operation":"document","citation":"CPF 52023013NOA","title":"MENZIES AVIATION — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-03-01","effective_on":null,"summary":"CLOSED notice of amendment citing 195.442(c)(1), 195.505(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023013noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023013noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023013noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023013NOA","body":"Notice of Amendment involving MENZIES AVIATION. PHMSA's enforcement data identifies the cited regulations as 195.442(c)(1),  195.505(i). The case was opened on 2023-03-01 and is reported as closed as of 2023-05-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023013NOA_Closure Letter_05252023_(22-251101).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023013NOA/52023013NOA_Closure%20Letter_05252023_(22-251101).pdf\n\n52023013NOA_Closure Letter_05252023_(22-251101)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023013NOA/52023013NOA_Closure%20Letter_05252023_(22-251101)_text.pdf\n\n52023013NOA_Notice of Amendment_03012023_(22-251101).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023013NOA/52023013NOA_Notice%20of%20Amendment_03012023_(22-251101).pdf\n\n52023013NOA_Notice of Amendment_03012023_(22-251101)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023013NOA/52023013NOA_Notice%20of%20Amendment_03012023_(22-251101)_text.pdf\n\n52023013NOA_Operator Response to Notice_03272023_(22-251101).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023013NOA/52023013NOA_Operator%20Response%20to%20Notice_03272023_(22-251101).pdf\n\n52023013NOA_Notice of Amendment_03012023_(22-251101)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO MR. TRENT CARBAUGH\nMarch 1, 2023\nMr. Trent Carbaugh\nGeneral Manager\nMenzies Aviation\nP.O. Box 190246\nAnchorage, AK 99502\nCPF 5-2023-013-NOA\nDear Mr. Carbaugh:\nFrom September 12 through the 15, 2022, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected Menzies Aviation’s (Menzies) procedures for PHMSA notification of operator\nqualification (OQ) program changes and damage prevention program plans in Anchorage,\nAlaska.\nBased on the inspection, PHMSA has identified the apparent inadequacies found within\nMenzies’s plans or procedures, as described below:\n1. § 195.442 Damage prevention program.\n(a) . . . .\n(c) The damage prevention program required by paragraph (a) of this section must,\nat a minimum:\n(1) Include the identity, on a current basis, of persons who normally engage in\nexcavation activities in the area in which the pipeline is located.\n\n\n\nMenzies Operations and Maintenance (O&M) Manual, section 17, page 69/77, did not have a\nprocess for updating and inputting newly identified contractors or excavation operators. Menzies\ncould not produce documentation to demonstrate that they actively searched for new contractors\nor excavation operators that could pose a risk to the pipeline. Menzies stated they were solely\ndependent on the 811-ticket system to update records of any new contractors or excavation\noperators. Furthermore, Menzies failed to remove the outdated local utility company, Municipal\nLight & Power (ML&P) utility, from their contact list and failed to include the current local\nutility company, Chugach Electric Association (CEA) utility, on their contact list after CEA’s\nOctober 30, 2020 acquisition of ML&P.\n2. § 195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) . . . .\n(i) After December 16, 2004, notify the Administrator or a state agency participating\nunder 49 U.S.C. Chapter 601 if the operator significantly modifies the program\nafter the administrator or state agency has verified that it complies with this section.\nNotifications to PHMSA may be submitted by electronic mail to\nInformationResourcesManager@dot.gov, or by mail to ATTN: Information\nResources Manager DOT/PHMSA/OPS, East Building, 2nd Floor, E22-321, New\nJersey Avenue SE., Washington, DC 20590.\nMenzies O&M Manual and Operator Qualification (OQ) Manual, did not have a process for\nnotification to PHMSA for any significant modifications to the OQ program. Per the OQ manual,\nReview, and Revision Log, page 2 out of 34, Revision 5 changed the company name from ASIG\nto Menzies Aviation following a change in operatorship. No documented notification was sent to\nPHMSA for changes to the OQ program as a result of the merger/acquisition.\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\n\n\n\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\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n90 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 Menzies maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 5-2023-013-NOA and, for each document you submit, please provide a copy in\nelectronic 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 M. Yeager (#22-251101)\nMarc McCafferty, Menzies Aviation (via email)\n\n52023013NOA_Closure Letter_05252023_(22-251101)_text.pdf\n\nVIA E-MAIL TO MR. TRENT CARBAUGH - trent.carbaugh@asig.com\nMay 25, 2023\nMr. Trent Carbaugh\nGeneral Manager\nMenzies Aviation\nP.O. Box 190246\nAnchorage, AK, 99502\nCPF 5-2023-013-NOA\nClosure Letter\nDear Mr. Carbaugh:\nFrom September 12 through the 15, 2022, a representative from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site\npipeline safety inspection of Menzies Aviation’s (Menzies) procedures in Anchorage, Alaska. As a result\nof the inspection, Menzies was issued a Notice of Amendment on March 1, 2023, which proposed\namendment of your procedures.\nMenzies submitted its amended procedures on March 27, 2023. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you for your\ncooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 M. Yeager (#22-251101)\nMarc McCafferty Operations Supervisor, Menzies Aviation, LLC,\nmarc.mccafferty@menziesaviation.com","truncated":false,"body_characters":8070}