# AMERIGAS PROPANE LP — Warning Letter

- **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:** Not available
- **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.

Official case documents:

220190002W_Warning Letter_04252019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220190002W/220190002W_Warning%20Letter_04252019.pdf

220190002W_Warning Letter_04252019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220190002W/220190002W_Warning%20Letter_04252019_text.pdf

220190002W_Warning Letter_04252019_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
April 25, 2019
Mr. Hugh Gallagher
President and CEO
AmeriGas Propane, LP
460 N. Gulph Road
King of Prussia, PA 19406
CPF 2- 2019-0002W
Dear Mr. Gallagher:
On July 11, 2018, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), Southern Region, Office of Pipeline Safety(OPS), inspected
AmeriGas Propane, LP (AmeriGas) liquefied petroleum gas (LP-Gas) records and selected
procedures in its Naples, Florida, office and pipeline facilities in Collier County, Florida,
pursuant to Chapter 601 of 49 United States Code (U.S.C.). The AmeriGas Naples location
operates under the Balgas business name.
As a result of the inspection, it is alleged that AmeriGas has committed a probable violation
of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item
inspected and the probable violation is:
1. § 192.707 Line markers for mains and transmission lines.
(a) . . . .
(d) Marker warning. The following must be written legibly on a background of
sharply contrasting color on each line marker:
(1) The word “Warning,” “Caution,” or “Danger” followed by the words “Gas
(or name of gas transported) Pipeline” all of which, except for markers in heavily
developed urban areas, must be in letters at least 1 inch (25 millimeters) high with
1∕4 inch (6.4 millimeters) stroke.
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(2) The name of the operator and the telephone number (including area code)
where the operator can be reached at all times.
AmeriGas failed to meet the requirements of § 192.707(d)(1), which required, in part,
that its pipeline markers contained the word “Warning,” “Caution,” or “Danger” followed
by the words “Gas (or name of gas transported) Pipeline.” During the field inspection of
the Coastland Mall system, the PHMSA representative observed pipeline markers that
contained only the name and phone number of the operator without the words
“Warning,” “Caution,” or “Danger” followed by the words “Gas (or name of gas
transported) Pipeline.”
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, AmeriGas is subject to a civil penalty not to
exceed $209,002 per violation per day the violation persists, up to a maximum of $2,090,022
for a related series of violations. For violations occurring prior to November 2, 2015, the
maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not
to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances
and supporting documents involved in this case, and have decided not to conduct additional
enforcement action or penalty assessment proceedings at this time. We advise you to correct
the item identified in this letter. Failure to do so will result in AmeriGas being subject to
additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer
to CPF 2-2019-0002W. Be advised that all material you submit in response to this
enforcement action is subject to being made publicly available. If you believe that any
portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),
along with the complete original document you must provide a second copy of the document
with the portions you believe qualify for confidential treatment redacted and an explanation of
why you believe the redacted information qualifies for confidential treatment under 5 U.S.C.
552(b).
Sincerely,
James A. Urisko
Director, Office of Pipeline Safety
PHMSA Southern Region
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