{"operation":"document","citation":"CPF 320141002M","title":"SUBURBAN PROPANE, L.P. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-03-13","effective_on":null,"summary":"CLOSED notice of amendment citing 192.616(h), 192.616(j).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320141002m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320141002m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320141002m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320141002M","body":"Notice of Amendment involving SUBURBAN PROPANE, L.P.. PHMSA's enforcement data identifies the cited regulations as 192.616(h),  192.616(j). The case was opened on 2014-03-13 and is reported as closed as of 2016-05-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320141002M_Closure Letter_05132016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320141002M/320141002M_Closure%20Letter_05132016.pdf\n\n320141002M_Closure Letter_05132016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320141002M/320141002M_Closure%20Letter_05132016_text.pdf\n\n320141002M_Notice of Amendment_03132014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320141002M/320141002M_Notice%20of%20Amendment_03132014.pdf\n\n320141002M_Notice of Amendment_03132014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320141002M/320141002M_Notice%20of%20Amendment_03132014_text.pdf\n\n320141002M_Closure Letter_05132016_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 13, 2016\nMr. Mark Wienberg\nVice President Operational Support & Analysis\nSuburban Propane, LP\n240 Route 10 West\nWhippany, New Jersey 07981\nRe: CPF 3-2014-1002M\nDear Mr. Weinberg:\nOn June 14, 2012, representatives from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code inspected TRU-\nGAS Inc.’s (TRU-Gas’) procedures for Public Awareness Program Effectiveness in\nWaunakee, Wisconsin. As a result of the inspection, TRU-GAS was issued a Notice of\nAmendment on March 13, 2014, which proposed amendment of your procedures.\nTRU-GAS submitted its proposed revisions on March 31, 2014. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n320141002M_Notice of Amendment_03132014_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 13, 2014\nMr. Mark Wienberg\nVice President Operational Support & Analysis\nSuburban Propane, LP\n240 Route 10 West\nWhippany, New Jersey 07981\nCPF 3-2014-1002M\nDear Mr. Wienberg:\nOn June 14, 2012, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nTRU-GAS Inc.’s (TRU-GAS) procedures for Public Awareness Program Effectiveness in\nWaunakee, Wisconsin. In August 2012, following the inspection of TRU-GAS, Suburban\nPropane, L.P. (Suburban) acquired the assets of TRU-GAS including the OPID and the\nPublic Awareness Program.\nOn the basis of the inspection, PHMSA has identified inadequacies found within TRU-\nGAS’s plans or procedures, as described below:\n1. § 192.616 Public Awareness\n(j) Unless the operator transports gas as a primary activity, the operator of a\nmaster meter or petroleum gas system is not required to develop a public\nawareness program as prescribed in paragraphs (a) through (g) of this section.\nInstead the operator must develop and implement a written procedure to\nprovide its customers public awareness messages twice annually. If the master\nmeter or petroleum gas system is located on property the operator does not\ncontrol, the operator must provide similar messages twice annually to persons\ncontrolling the property. The public awareness message must include:\n\n\n\n(1) A description of the purpose and reliability of the pipeline;\n(2) An overview of the hazards of the pipeline and prevention measures used;\n(3) Information about damage prevention;\n(4) How to recognize and respond to a leak; and\n(5) How to get additional information.\nTRU-GAS’s procedures are inadequate because its Public Awareness Plan does not include\nmessages that address the requirements of 192.616(j) such as: how to get additional\ninformation about the pipeline, how the One-Call system works, and how to obtain leak\nresponse information.\nAdditionally, TRU-GAS’ procedures are inadequate because its Public Awareness Plan\ndoes not include a written process to send mailings to the affected public twice a year as\nrequired in 192.616(j).\n2. § 192.616 Public Awareness\n(h) Operators in existence on June 20, 2005, must have completed their written\nprograms no later than June 20, 2006. The operator of a master meter or\npetroleum gas system covered under paragraph (j) of this section must\ncomplete development of its written procedure by June 13, 2008. Upon\nrequest, operators must submit their completed programs to PHMSA or, in the\ncase of an intrastate pipeline facility operator, the appropriate State agency.\nTRU-GAS’s procedures are inadequate because its Public Awareness Plan does not include\na complete written plan, containing the elements of 192.616(j).\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237.\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline\nOperators in Compliance Proceedings. Please refer to this document and note the response\noptions. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If you\ndo not respond within 30 days of receipt of this Notice, this constitutes a waiver of your\nright to contest the allegations in this Notice and authorizes the Associate Administrator for\nPipeline Safety to find facts as alleged in this Notice without further notice to you and to\nissue a Final Order.\n2\n\n\n\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged\nin this 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 TRU-GAS Inc. maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to the Director, Central\nRegion, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 3-2014-1002M and, for each document you\nsubmit, please provide a copy in electronic format whenever possible.\nSincerely,\nLinda Daugherty\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":7279}