{"operation":"document","citation":"CPF 120130005W","title":"HONEOYE STORAGE CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-11-20","effective_on":null,"summary":"CLOSED warning letter citing 192.616(a), 192.616(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120130005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120130005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120130005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120130005W","body":"Warning Letter involving HONEOYE STORAGE CORP. PHMSA's enforcement data identifies the cited regulations as 192.616(a),  192.616(i). The case was opened on 2013-11-20 and is reported as closed as of 2013-11-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120130005W_Warning Letter_11202013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120130005W/120130005W_Warning%20Letter_11202013.pdf\n\n120130005W_Warning Letter_11202013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120130005W/120130005W_Warning%20Letter_11202013_text.pdf\n\n120130005W_Warning Letter_11202013_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nWARNING LETTER\nEXPRESS OVERNIGHT MAIL\nNovember 20, 2013\nMr. James Smoot\nVice President/Manager of Operations\nHoneoye Storage Corporation\n4511 Egypt Road\nCanandaigua, NY 14424\nCPF 1-2013-0005W\nDear Mr. Smoot:\nBetween July 9-12, 2012, inspectors from the New York State Department of Public Service (NYSDPS),\nacting as agents for the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to\nChapter 601 of 49 United States Code inspected the Honeoye Storage Corporation (Honeoye) public\nawareness program at the Canandaigua, NY facilities\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety\nRegulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:\n1. §192.616 Public awareness\n(a) Except for an operator of a master meter or petroleum gas system covered under paragraph (j)\nof this section, each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum Institute's (API)\nRecommended Practice (RP) 1162 (incorporated by reference, see § 192.7).\nHoneoye failed to follow the general program recommendations of API RP 1162 Section 8.4.2, that\nrequires an effectiveness survey about every four years.\nHoneoye failed to conduct the effectiveness survey within four years after the initiation of its Public\nAwareness Program.\nAPI RP 1162 Section 8.4.2 Measure 2– Understandability of the Content Message states that:\n“Program effectiveness surveys are meant to validate the operator’s methodologies and the content of\nthe materials used. Upon initial survey, improvements should be incorporated into the program based\non the results. Once validated in this initial manner, a program effectiveness survey is only required\nabout every four years. However, when the operator introduces major design changes in its Public\nAwareness Program a survey to validate the new approaches may be warranted…”\n\n\n\n1-2013-0005W\nHoneoye implemented its Public Awareness Program on June 19, 2006, however it did not conduct its\ninitial effectiveness evaluation until March 29, 2011 which is beyond the four year date required.\n2. §192.616 Public awareness\n(a) Except for an operator of a master meter or petroleum gas system covered under paragraph (j)\nof this section, each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum Institute's (API)\nRecommended Practice (RP) 1162 (incorporated by reference, see § 192.7).\nHoneoye failed to follow the general program recommendations of API RP 1162 Section 8.4.2, that states\nthat operators should pre-test public awareness materials for their appeal, message clarity and\nunderstandability.\nHoneoye did not pre-test the survey that was sent, evaluate the responses based on the stakeholder groups,\nor measure the understandability of the message content.\nAPI RP 1162 Section 8.4.2 Measure 2– Understandability of the Content Message states that the:\n“Operators should pre-test public awareness materials for their appeal and the messages for their\nclarity, understandability and retain-ability before they are widely used...”\nHoneoye substantiated that it mailed its survey to all of the stakeholders identified on its mailing list.\nHowever, the pre-test was not done.\n3. §192.616 Public awareness\n(a) Except for an operator of a master meter or petroleum gas system covered under paragraph (j)\nof this section, each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum Institute's (API)\nRecommended Practice (RP) 1162 (incorporated by reference, see § 192.7).\nHoneoye failed to follow the general program recommendations of API RP 1162 Section 8.4.3, that states\nthat operators should measure the learned or actual behaviors of the intended stakeholder audiences.\nAPI RP 1162 Section 8.4.3 Measure 3—Desired Behaviors by the Intended Stakeholder Audience states\nthat:\n“This measure is aimed at determining whether appropriate prevention behaviors have been learned\nand is taking place when needed and whether appropriate response or mitigation behaviors would\noccur and have taken place. This is a measure of learned and, if applicable, actual reported\nbehavior…”\nHoneoye substantiated that it mailed its survey to all of the stakeholders identified on its mailing\nlist. However, Honeoye did not measure the stakeholder’s learned or actual reported behavior.\n4. §192.616 Public awareness\n(a) . . .\n(i) The operator's program documentation and evaluation results must be available for periodic\nreview by appropriate regulatory agencies.\nHoneoye failed to provide documentation under §192.616(i), related to the general program\n1-2013-0005W_WL_11202013 Page 2 of 4\n\n\n\n1-2013-0005W\ndocumentation recommendations under API 1162 Section 7.2 Program Recording, for API RP 1162\nSection 4.4.3 recommendations as related to sharing emergency response programs with appropriate\nofficials.\nHoneoye did not maintain or provide any documentation substantiating the distribution of emergency\nresponse materials to the emergency responders.\nAPI RP 1162, Section 7.2 states that “The operator should maintain records of key program elements to\ndemonstrate the level of implementation of its Public Awareness Program…”\nAPI RP 1162, Section 4.4.3 Emergency Preparedness Response Programs states that “Operators are\nrequired by federal regulations to have emergency response programs. These programs should be\ndeveloped for use internally and externally, with appropriate officials, and in accordance with\napplicable federal and state emergency regulations…” and that “The operator should include\ninformation about how emergency officials can access the operator’s emergency response programs\ncovering their jurisdiction…”\nHoneoye’s representative said that Honeoye provided special emergency response information to the\nemergency responders who cover their territory. However, Honeoye did not retain any documentation\nsupporting these actions.\n5. §192.616 Public awareness\n(a) . . .\n(i) The operator's program documentation and evaluation results must be available for periodic\nreview by appropriate regulatory agencies.\nHoneoye failed to provide documentation under §192.616(i), related to the general program\ndocumentation recommendations under API 1162 Section 7.2 Program Recording, for API RP 1162\nSection 4.4.4 recommendation to establish a liaison with emergency response officials through operator\nor joint emergency response drills, exercises or deployment practices\nThe operator did not maintain or provide any documentation substantiating it complied with the API RP\n1162, Section 4.4.4 requirements.\nAPI RP 1162, Section 7.2 states that:\n“The operator should maintain records of key program elements to demonstrate the level of\nimplementation of its Public Awareness Program…”\nAPI RP 1162, Section 4.4.4 Emergency Preparedness – Drills and Exercises states that:\n“A supplemental means of two-way communication about emergency preparedness is to establish a\nliaison with emergency response officials through operator or joint emergency response drills,\nexercises or deployment practices. Information on “unified command system” roles, operating\nprocedures and preparedness for various emergency scenarios can be communicated effectively and\nthoroughly through a hands-on drill or exercise...”\nHoneoye’s representative stated that Honeoye provided special emergency response information and\ntraining/drills as described in the program for the emergency responders who cover their territory.\nHowever, Honeoye did not retain any documentation supporting these actions.\n1-2013-0005W_WL_11202013 Page 3 of 4\n\n\n\n1-2013-0005W\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations. We\nhave reviewed the circumstances and supporting documents involved in this case, and have decided not to\nconduct additional enforcement action or penalty assessment proceedings at this time. We advise you to\ncorrect the items identified in this letter. Failure to do so will result in Honeoye being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 1-\n2013-0005W and address all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastern\nRegion, 820 Bear Tavern Road, Suite 103, W. Trenton, NJ 08628. You may also email signed\ncorrespondence to Byron.Coy@dot.gov. Larger files should be sent on a CD accompanied by the original\npaper copy to the Eastern Region Office. Be advised that all material you submit in response to this\nenforcement action 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 complete\noriginal document you must provide a second copy of the document with the portions you believe qualify\nfor confidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Kevin Speicher, NYSDPS\n1-2013-0005W_WL_11202013 Page 4 of 4","truncated":false,"body_characters":10558}