{"operation":"document","citation":"CPF 220106006W","title":"KEY WEST PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-10-14","effective_on":null,"summary":"CLOSED warning letter citing 195.440(a), 195.440(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220106006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220106006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220106006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220106006W","body":"Warning Letter involving KEY WEST PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.440(a),  195.440(d). The case was opened on 2010-10-14 and is reported as closed as of 2010-10-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220106006W_Operator Response_11092010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220106006W/220106006W_Operator%20Response_11092010.pdf\n\n220106006W_warning letter_10142010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220106006W/220106006W_warning%20letter_10142010.pdf\n\n220106006W_warning letter_10142010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220106006W/220106006W_warning%20letter_10142010_text.pdf\n\n220106006W_warning letter_10142010_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 14, 2010\nMark Rauch\nPresident\nKey West Pipeline Company\nP.O. Box 270415\nHouston, Texas 77277-0415\nCPF 2-2010-6006W\nDear Mr. Rauch:\nOn August 5-6, 2010, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) conducted an onsite pipeline safety inspection of the Key West\nPipeline Company (KWPC) pipeline facilities and records at your Key West, Florida office\npursuant to Chapter 601 of 49 United States Code.\nAs a result of the inspection, it appears you have committed probable violations of the Pipeline\nSafety Regulations in Title 49 of the Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. §195.440 Public awareness.\n(d) The operator's program must specifically include provisions to educate the public,\nappropriate government organizations, and persons engaged in excavation related\nactivities on:\n(1) Use of a one-call notification system prior to excavation and other damage\nprevention activities;\n(2) Possible hazards associated with unintended releases from a hazardous liquid\nor carbon dioxide pipeline facility;\n(3) Physical indications that such a release may have occurred;\n(4) Steps that should be taken for public safety in the event of a hazardous liquid\nor carbon dioxide pipeline release; and\n(5) Procedures to report such an event.\n\n\n\nKWPC's public awareness program was inadequate because the print material that KWPC\ndistributed to the public, appropriate government officials, and persons engaged in\nexcavation related activities did not contain information on the hazards associated with the\nhazardous liquid being transported, JP-5 jet fuel, or any information on the use of one-call\nnotification systems.\nKWPC did not provide any records to indicate that information on the hazards associated\nwith JP-5 jet fuel or information on the use of one-call systems was in any way conveyed to\nthe residents, property owners and utilities along the pipeline. KWPC did not provide any\nrecords to indicate that the use of one-call systems was provided to the United States Navy,\nthe Coast Guard, or to excavators.\n2. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see\n§195.3).\nKWPC's public awareness program was inadequate because KWPC did not pre-test the\npublic awareness materials or messages distributed to the public, appropriate government\nofficials, and persons engaged in excavation related activities.\nAPI RP 1162 Section 8.4.2 requires a pipeline operator to pre-test its public awareness\nmaterials for appeal and messages for clarity, understandability, and retainability before\nthey are widely distributed. KWPC did not provide any records or documentation to\ndemonstrate that KWPC had conducted any pre-test of its public awareness materials or\nmessages.\n3. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see\n§195.3).\nKWPC's public awareness program was inadequate because KWPC failed to complete a\npublic awareness program effectiveness evaluation no later than June 2010.\nAPI RP 1162 Section 8.5, Table 8-1 contains requirements for an operator to conduct an\nevaluation of the effectiveness its public awareness program implementation at intervals of\nno more than four years. The first effectiveness evaluation was due no later than June 2010.\nDuring the inspection the PHMSA inspector asked to see the program effectiveness\nevaluation and was given a memorandum titled “Internal Audit of Key West Pipeline\nCompany’s Pipeline Integrity Management Plan Program.\n” This document contained a\nbrief section on public awareness that indicated that the Terminal Manager had documented\nmeetings that were held with various stakeholders as required by the plan and that a section\nof pipeline located on property owned by the City of Key West does not have an easement.\nThis document did not contain any information whatsoever on how effective the public\nawareness program had been in achieving its intended goals and did not provide any\nrecommendations on changes that could be made to improve the program.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2010-6006W. 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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n3","truncated":false,"body_characters":6051}