{"operation":"document","citation":"CPF 220190002W","title":"AMERIGAS PROPANE LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-04-25","effective_on":null,"summary":"CLOSED warning letter citing 192.707(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220190002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220190002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220190002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220190002W","body":"Warning Letter involving AMERIGAS PROPANE LP. PHMSA's enforcement data identifies the cited regulation as 192.707(d). The case was opened on 2019-04-25 and is reported as closed as of 2019-04-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220190002W_Warning Letter_04252019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220190002W/220190002W_Warning%20Letter_04252019.pdf\n\n220190002W_Warning Letter_04252019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220190002W/220190002W_Warning%20Letter_04252019_text.pdf\n\n220190002W_Warning Letter_04252019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 25, 2019\nMr. Hugh Gallagher\nPresident and CEO\nAmeriGas Propane, LP\n460 N. Gulph Road\nKing of Prussia, PA 19406\nCPF 2- 2019-0002W\nDear Mr. Gallagher:\nOn July 11, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety(OPS), inspected\nAmeriGas Propane, LP (AmeriGas) liquefied petroleum gas (LP-Gas) records and selected\nprocedures in its Naples, Florida, office and pipeline facilities in Collier County, Florida,\npursuant to Chapter 601 of 49 United States Code (U.S.C.). The AmeriGas Naples location\noperates under the Balgas business name.\nAs a result of the inspection, it is alleged that AmeriGas has committed a probable violation\nof the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item\ninspected and the probable violation is:\n1. § 192.707 Line markers for mains and transmission lines.\n(a) . . . .\n(d) Marker warning. The following must be written legibly on a background of\nsharply contrasting color on each line marker:\n(1) The word “Warning,” “Caution,” or “Danger” followed by the words “Gas\n(or name of gas transported) Pipeline” all of which, except for markers in heavily\ndeveloped urban areas, must be in letters at least 1 inch (25 millimeters) high with\n1∕4 inch (6.4 millimeters) stroke.\n1\n\n\n\n(2) The name of the operator and the telephone number (including area code)\nwhere the operator can be reached at all times.\nAmeriGas failed to meet the requirements of § 192.707(d)(1), which required, in part,\nthat its pipeline markers contained the word “Warning,” “Caution,” or “Danger” followed\nby the words “Gas (or name of gas transported) Pipeline.” During the field inspection of\nthe Coastland Mall system, the PHMSA representative observed pipeline markers that\ncontained only the name and phone number of the operator without the words\n“Warning,” “Caution,” or “Danger” followed by the words “Gas (or name of gas\ntransported) Pipeline.”\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, AmeriGas is subject to a civil penalty not to\nexceed $209,002 per violation per day the violation persists, up to a maximum of $2,090,022\nfor a related series of violations. For violations occurring prior to November 2, 2015, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not\nto exceed $2,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct\nthe item identified in this letter. Failure to do so will result in AmeriGas being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2019-0002W. 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,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n2","truncated":false,"body_characters":4186}