{"operation":"document","citation":"CPF 12025025WL","title":"DOUGLAS PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-05-21","effective_on":null,"summary":"CLOSED warning letter citing 192.616(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025025wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025025wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025025wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12025025WL","body":"Warning Letter involving DOUGLAS PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 192.616(a). The case was opened on 2025-05-21 and is reported as closed as of 2025-05-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12025025WL_Warning Letter_05212025_(24-295885).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025025WL/12025025WL_Warning%20Letter_05212025_(24-295885).pdf\n\n12025025WL_Warning Letter_05212025_(24-295885)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025025WL/12025025WL_Warning%20Letter_05212025_(24-295885)_text.pdf\n\n12025025WL_Warning Letter_05212025_(24-295885)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: restabrook@douglaspipeline.com\nMay 21, 2025\nMr. Ryan Estabrook\nPresident\nDouglas Pipeline Company\n901 Castle Shannon Blvd.\nPittsburgh, Pennsylvania 15234\nCPF 1-2025-025-WL\nDear Mr. Estabrook:\nFrom February 22 through July 24, 2024 a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\nperformed an integrated inspected of Douglas Pipeline Company’s (DPC) pipeline facilities in\nShawville, Pennsylvania.\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 item inspected\nand the probable violation is:\n1. § 192.616 Public awareness.\n(a) Except for an operator of a master meter or petroleum gas\nsystem covered under paragraph (j) of this section, each pipeline\noperator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American\nPetroleum Institute's (API) Recommended Practice (RP) 1162\n(incorporated by reference, see § 192.7).\nDPC failed to develop and implement its written continuing public education program.\nSpecifically, DPC failed to follow its Public Awareness Program (PAP) by not identifying and\nproviding public awareness messaging to certain entities who engage in excavation within the\ncounties that DPC operates from 2022 to 2023.\n\n\n\nDPC’s PAP section 6.4.1 Method of Determining Target List – Excavators, stated:\n[a] list of excavators will be developed using data information from locate requests\nduring the previous calendar year, or 12-month period preceding the mailing and\nStandard Industrial Classification “SIC” designations relating to excavation\nactivity, as well as other sources that may provide data or resources that assist with\nthe identification of entities engaged in excavation within the county in which\nDouglas operates.\nIn addition, American Petroleum Institute Recommended Practice 1162, 1st edition Table 2-1.4\noutlines the recommendation for distributing public awareness material to excavators at an annual\nbaseline frequency.\nDuring the inspection, PHMSA selected Glenn O Hawbaker INC from an 811 one call ticket dated\non 1/5/2022 and requested to review DPC’s mail-out records during the period 2022 to 2023. There\nwere no mail-outs sent to Glenn O Hawbaker INC during the period 2022 to 2023.\nPHMSA then requested the one-call tickets for the period 2021 to 2023 and DPC’s distribution\nmaster list of public awareness materials to all its stakeholders for 2022 to 2023. The review of\nthis documentation indicated that:\n• AM Logging LLC had a one-call ticket delivered and had conducted excavation\nactivity on 11/1/2021 in DPC’s area. However, AM Logging LLC was not identified\nas an excavator or other stakeholder in DPC’s master mailing list for 2022 to 2023.\n• Glenn O Hawbaker INC had several one-call tickets delivered and had conducted\nexcavation activities on 11/22/2022 and 03/14/2023 in DPC’s area. However, Glenn\nO Hawbaker INC was not identified as an excavator or other stakeholder in DPC’s\nmaster mailing list for 2022 to 2023.\n• Keystone Clearwater Solutions had a one-call ticket delivered and had conducted\nexcavation activity on 02/09/2023 in DPC’s area. Therefore, Keystone Clearwater\nSolutions is expected to be listed as an excavator in the 2024 DPC master mailing list.\n• United Electric had a one-call ticket delivered and had conducted excavation activity\non 02/28/2023 in DPC’s area. Therefore, United Electric is expected to be listed as an\nexcavator in the 2024 DPC master mailing list.\n• Girard Township had a one-call ticket delivered and had conducted excavation activity\non 11/15/2023 in DPC’s area. Therefore, Girard Township is expected to be listed as\nan excavator in the 2024 DPC master mailing list.\nTherefore, DPC failed follow its PAP by failing to provide public awareness communications to\nknown excavators between the years 2022 – 2023 pursuant to compliance with section\n192.616(a).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a related\nseries of violations. For violation occurring on or after December 28, 2023 and before December\n30, 2024, the maximum penalty may not exceed $266,015 per violation per day the violation\n\n\n\npersists, up to a maximum of $2,660,135 for a related series of violations. For violation occurring\non or after January 6, 2023 and before December 28, 2023, the maximum penalty may not exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022 and before January 6,\n2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,\nup to a maximum of $2,391,142 for a related series of violations. For violation occurring on or\nafter May 3, 2021 and before March 21, 2022, the maximum penalty may not exceed $225,134\nper violation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in\nDouglas Pipeline Co being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2025-025-WL. 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,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":7565}