{"operation":"document","citation":"CPF 320111006W","title":"CITY OF DULUTH PUBLIC WORKS & UTILITIES — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-04-07","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320111006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320111006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320111006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320111006W","body":"Warning Letter involving CITY OF DULUTH PUBLIC WORKS & UTILITIES. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2011-04-07 and is reported as closed as of 2011-04-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320111006W_Warning Letter_04072011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111006W/320111006W_Warning%20Letter_04072011.pdf\n\n320111006W_Warning Letter_04072011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111006W/320111006W_Warning%20Letter_04072011_text.pdf\n\n320111006W_Warning Letter_04072011_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 7, 2011\nMr. Jim Benning, Director\nCity of Duluth Public Works and Utilities\nCity Hall\n411 West 1st Street\nDuluth, Minnesota 55802\nCPF 3-2011-1006W\nDear Mr. Benning:\nOn May 10-12, 2010, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) and the Minnesota Office of Pipeline Safety (MNOPS) pursuant\nto Chapter 601 of 49 United States Code inspected the City of Duluth Public Works and\nUtilities (Duluth) interstate natural gas transmission pipeline in Duluth, Minnesota.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected\nand the probable violation is:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual\nof written procedures for conducting operations and maintenance activities and\nfor emergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed\nand updated by the operator at intervals not exceeding 15 months, but at least one\neach calendar year. This manual must be prepared before operations of a\npipeline system commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\n\n\n\nDuluth had not reviewed its operations and maintenance (O&M) manual within the\nrequired 15 month interval. Duluth conducted O&M manual reviews on January 23, 2007,\nApril 21, 2008, and August 12, 2009. The period from April 21, 2008 to August 12, 2009\nexceeded the maximum 15 month interval by 22 days.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of\n$1,000,000 for any related series of violations. We have reviewed the circumstances and\nsupporting 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\ncorrect the item(s) identified in this letter. Failure to do so will result in City of Duluth\nPublic Works and Utilities being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 3-2011-1006W. 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.\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\ncc: Ms. Elizabeth Skalnek, Minnesota Office of Pipeline Safety\n2","truncated":false,"body_characters":3854}