# SUBURBAN PROPANE, L.P. — Notice of Amendment - **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:** Not available - **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. Official case documents: 320141002M_Closure Letter_05132016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320141002M/320141002M_Closure%20Letter_05132016.pdf 320141002M_Closure Letter_05132016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320141002M/320141002M_Closure%20Letter_05132016_text.pdf 320141002M_Notice of Amendment_03132014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320141002M/320141002M_Notice%20of%20Amendment_03132014.pdf 320141002M_Notice of Amendment_03132014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320141002M/320141002M_Notice%20of%20Amendment_03132014_text.pdf 320141002M_Closure Letter_05132016_text.pdf CERTIFIED MAIL - RETURN RECEIPT REQUESTED May 13, 2016 Mr. Mark Wienberg Vice President Operational Support & Analysis Suburban Propane, LP 240 Route 10 West Whippany, New Jersey 07981 Re: CPF 3-2014-1002M Dear Mr. Weinberg: On June 14, 2012, representatives from the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code inspected TRU- GAS Inc.’s (TRU-Gas’) procedures for Public Awareness Program Effectiveness in Waunakee, Wisconsin. As a result of the inspection, TRU-GAS was issued a Notice of Amendment on March 13, 2014, which proposed amendment of your procedures. TRU-GAS submitted its proposed revisions on March 31, 2014. My staff reviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been corrected. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, Allan C. Beshore Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration 320141002M_Notice of Amendment_03132014_text.pdf NOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED March 13, 2014 Mr. Mark Wienberg Vice President Operational Support & Analysis Suburban Propane, LP 240 Route 10 West Whippany, New Jersey 07981 CPF 3-2014-1002M Dear Mr. Wienberg: On June 14, 2012, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected TRU-GAS Inc.’s (TRU-GAS) procedures for Public Awareness Program Effectiveness in Waunakee, Wisconsin. In August 2012, following the inspection of TRU-GAS, Suburban Propane, L.P. (Suburban) acquired the assets of TRU-GAS including the OPID and the Public Awareness Program. On the basis of the inspection, PHMSA has identified inadequacies found within TRU- GAS’s plans or procedures, as described below: 1. § 192.616 Public Awareness (j) Unless the operator transports gas as a primary activity, the operator of a master meter or petroleum gas system is not required to develop a public awareness program as prescribed in paragraphs (a) through (g) of this section. Instead the operator must develop and implement a written procedure to provide its customers public awareness messages twice annually. If the master meter or petroleum gas system is located on property the operator does not control, the operator must provide similar messages twice annually to persons controlling the property. The public awareness message must include: (1) A description of the purpose and reliability of the pipeline; (2) An overview of the hazards of the pipeline and prevention measures used; (3) Information about damage prevention; (4) How to recognize and respond to a leak; and (5) How to get additional information. TRU-GAS’s procedures are inadequate because its Public Awareness Plan does not include messages that address the requirements of 192.616(j) such as: how to get additional information about the pipeline, how the One-Call system works, and how to obtain leak response information. Additionally, TRU-GAS’ procedures are inadequate because its Public Awareness Plan does not include a written process to send mailings to the affected public twice a year as required in 192.616(j). 2. § 192.616 Public Awareness (h) Operators in existence on June 20, 2005, must have completed their written programs no later than June 20, 2006. The operator of a master meter or petroleum gas system covered under paragraph (j) of this section must complete development of its written procedure by June 13, 2008. Upon request, operators must submit their completed programs to PHMSA or, in the case of an intrastate pipeline facility operator, the appropriate State agency. TRU-GAS’s procedures are inadequate because its Public Awareness Plan does not include a complete written plan, containing the elements of 192.616(j). Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. 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). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order. 2 If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 30 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. It is requested (not mandated) that TRU-GAS Inc. maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to the Director, Central Region, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer to CPF 3-2014-1002M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Linda Daugherty Director, Central Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings 3 - **truncated:** false - **body characters:** 7279