{"operation":"document","citation":"CPF 220126019M","title":"PIPELINES OF PUERTO RICO INCD, THE — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-10-03","effective_on":null,"summary":"CLOSED notice of amendment citing 195.440(a), 195.440(g).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126019m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126019m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126019m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220126019M","body":"Notice of Amendment involving PIPELINES OF PUERTO RICO INCD, THE. PHMSA's enforcement data identifies the cited regulations as 195.440(a),  195.440(g). The case was opened on 2012-10-03 and is reported as closed as of 2013-01-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220126019M_closure letter_01092013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126019M/220126019M_closure%20letter_01092013.pdf\n\n220126019M_closure letter_01092013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126019M/220126019M_closure%20letter_01092013_text.pdf\n\n220126019M_notice of amendment_10032012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126019M/220126019M_notice%20of%20amendment_10032012.pdf\n\n220126019M_notice of amendment_10032012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126019M/220126019M_notice%20of%20amendment_10032012_text.pdf\n\n220126019M_Operator Response_11012012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126019M/220126019M_Operator%20Response_11012012.pdf\n\n220126019M_closure letter_01092013_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 9, 2013\nMr. Robert Rose\nPresident\nTampa Pipeline Corporation\nP.O. Box 35236\nSarasota, FL 34242\nCPF 2-2012-6019M\nDear Mr. Rose:\nOn June 11-12, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety inspected The\nPipelines of Puerto Rico, Inc. (PLPR) written Public Awareness Plan at your San Juan, Puerto\nRico office pursuant to Chapter 601 of 49 United States Code. As a result of the inspection,\nPHMSA issued a Notice of Amendment (NOA) on October 3, 2012.\nThe PHMSA Southern Region received an email response to the NOA from Luis Rodriguez,\nPLPR’s General Manager, on November 1, 2012. We responded to that email in a letter dated\nDecember 19, 2012, in which we accepted PLPR’s responses to items 1-3 of the NOA but we\ndid not accept PLPR’s response to item 4. We received a second email from Luis Rodriguez\non January 2, 2013, with a modified response for item 4.\nUpon review of the aforementioned correspondence, we find PLPR’s amended procedures\nadequate. This letter is to inform you that PLPR has complied with the terms of the NOA and\nthat no further action is necessary with regards to the NOA. This case is now closed.\nPlease be advised that this letter refers only to the NOA (CPF 2-2012-6019M) and not to any\nother PHMSA pending cases. Also be advised that nothing herein states or implies that the\nPLPR Public Awareness Program meets the requirements of the federal pipeline safety\nregulations or that the Public Awareness Program is approved. The pipeline system and\nPublic Awareness Program remain subject to inspection by PHMSA.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n\n220126019M_notice of amendment_10032012_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 3, 2012\nMr. Robert Rose\nPresident\nTampa Pipeline Corporation\nP.O. Box 35236\nSarasota, FL 34242\nCPF 2-2012-6019M\nDear Mr. Rose:\nOn June 11-12, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety inspected The\nPipelines of Puerto Rico, Inc. (PLPR) written Public Awareness Plan at your San Juan, Puerto\nRico office pursuant to Chapter 601 of 49 United States Code.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies within PLPR’s\nwritten Public Awareness Plan (PAP) written procedures, as described below:\n1. §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).\nThe American Petroleum Institute's Recommended Practice 1162 (API RP 1162), Section\n3 Stakeholder Audiences states “One of the initial tasks in developing a Public\nAwareness Program is to identify the audience(s) that should receive the programs\nmessages.” Despite this requirement, PLPR’s PAP procedures did not establish a\nmethod to identify the stakeholder audiences nor did it define the various stakeholder\naudiences in adequate detail to assure the proper audience members were identified.\nMoreover, the PAP did not provide a measureable way of identifying the audience\nmembers, such as by proximity to the pipeline or by some other meaningful metric.\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).\n\n\n\nPLPR’s written PAP did not provide adequate procedures nor did it establish methods for\nconducting an annual audit or review to determine whether the program had been\ndeveloped and implemented in accordance with API RP 1162, Section 8.3 Measuring\nProgram Implementation. While the PAP stated “The program will be evaluated\nannually to ensure API 1162 compliance,” it did not provide procedures on how this\nwould be done.\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).\nAPI RP 1162, Section 8.4 Measuring Program Effectiveness requires a PAP program\neffectiveness evaluation to be conducted using the following measures:\n• Whether the information is reaching the intended stakeholder audiences\n• If the recipient audiences are understanding the messages delivered\n• Whether the recipients are motivated to respond appropriately in alignment with\nthe information provided\n• If the implementation of the Public Awareness Program is impacting bottom-line\nresults (such as reduction in the number of incidents caused by third-party\ndamage).\nWhile the PAP stated “the program will be completely evaluated every 4 years to\nensure its effectiveness,” it did not provide procedures on how this would be done.\n4. §195.440 Public awareness.\n…. (g) The program must be conducted in English and in other languages commonly\nunderstood by a significant number and concentration of the non-English speaking\npopulation in the operator's area.\nPLPR’s written PAP did not provide for the program to be conducted in English. That is,\nthe required public awareness educational materials were to be in Spanish only.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\n2\n\n\n\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 30 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that The Pipelines of Puerto Rico, Inc. maintain documentation\nof the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Wayne T. Lemoi, Director,\nSouthern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 2-2012-6019M and, for each document you\nsubmit, please provide a copy in electronic format whenever possible.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":9062}