{"operation":"document","citation":"CPF 220130016W","title":"ABERDEEN/BERWICK ROYAL STEWART ARMS — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-05-02","effective_on":null,"summary":"CLOSED warning letter citing 192.455(a)(2), 192.457(b)(3), 192.481(a), 192.625(f), 192.721, 192.747.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130016w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130016w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130016w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220130016W","body":"Warning Letter involving ABERDEEN/BERWICK ROYAL STEWART ARMS. PHMSA's enforcement data identifies the cited regulations as 192.455(a)(2),  192.457(b)(3),  192.481(a),  192.625(f),  192.721,  192.747. The case was opened on 2013-05-02 and is reported as closed as of 2013-05-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220130016W_warning letter_05022013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130016W/220130016W_warning%20letter_05022013.pdf\n\n220130016W_warning letter_05022013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130016W/220130016W_warning%20letter_05022013_text.pdf\n\n220130016W_warning letter_05022013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 2, 2013\nMs. Sharon Wilson\nProperty Manager\nAberdeen/Berwick Royal Stewart Arms\n1 Royal Stewart Parkway\nDunedin, FL 34698\nCPF 2-2013-0016W\nDear Ms. Wilson:\nOn March 19, 2013, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety, pursuant to Chapter\n601 of 49 United States Code, inspected the Aberdeen/Berwick Royal Stewart Arms master\nmeter and downstream piping and facilities at 1 Royal Stewart Parkway, Dunedin, Florida.\nAs a result of the inspection, it appears that Aberdeen/Berwick Royal Stewart Arms has\ncommitted probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal\nRegulations. The items inspected and the probable violations are as follows:\n1. §192.455 External corrosion control: Buried or submerged pipelines installed after\nJuly 31, 1971.\n(a) Except as provided in paragraphs (b), (c), and (f) of this section, each buried or\nsubmerged pipeline installed after July 31, 1971, must be protected against external\ncorrosion, including the following:\n... (2) It must have a cathodic protection system designed to protect the pipeline in\naccordance with this subpart, installed and placed in operation within 1 year after\ncompletion of construction.\nAberdeen/Berwick Royal Stewart Arms did not install, and place in operation within one\nyear after completion of construction, a cathodic protection system designed to protect a\nburied pipeline against external corrosion.\nAberdeen/Berwick Royal Stewart Arms has 788 feet of 2-6-inch BIW coated buried pipe.\nSome of this pipe was installed after July 3, 1971, but Aberdeen/Berwick Royal Stewart\nArms has not installed a cathodic protection system designed to protect the pipeline\nagainst external corrosion.\n\n\n\n2. §192.457 External corrosion control: Buried or submerged pipelines installed\nbefore August 1, 1971.\n…. (b) Except for cast iron or ductile iron, each of the following buried or\nsubmerged pipelines installed before August 1, 1971, must be cathodically protected\nin accordance with this subpart in areas in which active corrosion is found:\n…. (3) Bare or coated distribution line.\nAberdeen/Berwick Royal Stewart Arms has 788 feet of 2-6-inch BIW coated buried pipe.\nSome of this pipe was installed before August 1, 1971, but Aberdeen/Berwick Royal\nStewart Arms has not installed a cathodic protection system designed to protect the\npipeline against external corrosion. Moreover, Aberdeen/Berwick Royal Stewart Arms\ndid not present to the PHMSA inspector any records to demonstrate that there are no areas\nof active corrosion on these lines. The methods and required time intervals an operator\nmust use to determine if areas of active corrosion exist on its pipelines are described in\n§192.465(e).\n3. §192.481 Atmospheric corrosion control: Monitoring.\n(a) Each operator must inspect each pipeline or portion of pipeline that is exposed to\nthe atmosphere for evidence of atmospheric corrosion, as follows:\nIf the pipeline is located: Onshore Offshore Then the frequency of inspection is:\nAt least once every 3 calendar years, but with\nintervals not exceeding 39 months\nAt least once each calendar year, but with intervals\nnot exceeding 15 months\n... (c) If atmospheric corrosion is found during an inspection, the operator must\nprovide protection against the corrosion as required by Sec. 192.479.\nAberdeen/Berwick Royal Stewart Arms did not inspect its onshore pipeline exposed to the\natmosphere for evidence of atmospheric corrosion at least once every 3 calendar years, but\nwith intervals not exceeding 39 months. Moreover, Aberdeen/Berwick Royal Stewart\nArms did not provide protection against atmospheric corrosion in accordance with\n§192.479, which requires pipelines to be properly cleaned and coated to prevent\natmospheric corrosion.\nThe PHMSA inspector observed and photographed master meter with associated piping\nthat showed signs of atmospheric corrosion. This portion of pipeline had not been\nproperly cleaned and coated to prevent atmospheric corrosion.\n4. §192.625 Odorization of gas.\n... (f) To assure the proper concentration of odorant in accordance with this section,\neach operator must conduct periodic sampling of combustible gases using an\ninstrument capable of determining the percentage of gas in air at which the odor\nbecomes readily detectable. Operators of master meter systems may comply with\nthis requirement by-\n(1) Receiving written verification from their gas source that the gas has the proper\n2\n\n\n\nconcentration of odorant; and\n(2) Conducting periodic \"sniff\" tests at the extremities of the system to confirm that\nthe gas contains odorant.\nAberdeen/Berwick Royal Stewart Arms did not present to the PHMSA inspector any\nrecords to demonstrate that it had assured the proper concentration of odorant in its\npipeline system by receiving written verification from its gas source that the gas has the\nproper concentration of odorant or by conducting periodic \"sniff\" tests at the extremities\nof the system to confirm that the gas contains odorant.\n5. §192.721 Distribution systems: Patrolling.\n(a) The frequency of patrolling mains must be determined by the severity of the\nconditions which could cause failure or leakage, and the consequent hazards to\npublic safety.\n(b) Mains in places or on structures where anticipated physical movement or\nexternal loading could cause failure or leakage must be patrolled -\n(1) In business districts, at intervals not exceeding 4 1/2 months, but at least four\ntimes each calendar year; and\n(2) Outside business districts, at intervals not exceeding 7 1/2 months, but at least\ntwice each calendar year.\nAberdeen/Berwick Royal Stewart Arms did not present to the PHMSA inspector any\nrecords to show it patrolled its distribution system in the residential area at intervals not\nexceeding 7½ months, but at least twice each calendar year.\n6. §192.747 Valve maintenance: Distribution systems.\n(a) Each valve, the use of which may be necessary for the safe operation of a\ndistribution system, must be checked and serviced at intervals not exceeding 15\nmonths, but at least once each calendar year.\n(b) Each operator must take prompt remedial action to correct any valve found\ninoperable, unless the operator designates an alternative valve.\nAberdeen/Berwick Royal Stewart Arms did not present to the PHMSA inspector any\nrecords to demonstrate that it had checked and serviced its shut off (or key valve) which\nmay be necessary for the safe operation of its distribution system at intervals not\nexceeding 15 months, but at least once each calendar year.\nUnder 49 United States Code, § 60122, Aberdeen/Berwick Royal Stewart Arms is subject to a\ncivil penalty not to exceed $ 200,000 per violation per day the violation persists up to a\nmaximum of $2,000,000 for a related series of violations. For violations occurring prior to\nJanuary 4, 2012, the maximum penalty may not exceed $100,000 per violation per day, with a\nmaximum penalty not to exceed $1,000,000 for a related series of violations. We have\nreviewed the circumstances and supporting documents involved in this case and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time.\nWe advise you to correct the items identified in this letter. Failure to do so will result in the\nAberdeen/Berwick Royal Stewart Arms being subject to additional enforcement action.\n3\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2013-0016W. 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\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n4","truncated":false,"body_characters":8935}