{"operation":"document","citation":"CPF 320141004W","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":"2014-03-13","effective_on":null,"summary":"CLOSED warning letter citing 192.616(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320141004w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320141004w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320141004w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320141004W","body":"Warning Letter involving CITY OF DULUTH PUBLIC WORKS & UTILITIES. PHMSA's enforcement data identifies the cited regulation as 192.616(c). The case was opened on 2014-03-13 and is reported as closed as of 2014-03-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320141004W_Warning Letter_03132014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320141004W/320141004W_Warning%20Letter_03132014.pdf\n\n320141004W_Warning Letter_03132014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320141004W/320141004W_Warning%20Letter_03132014_text.pdf\n\n320141004W_Warning Letter_03132014_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 13, 2014\nMr. Jim Benning\nDirector, Public Works\nCity of Duluth Public Works and Utilities\nCity Hall, Room 211\n411 West 1st Street\nDuluth, Minnesota 55802\nCPF 3-2014-1004W\nDear Mr. Benning:\nOn August 22-23, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code inspected the City of Duluth Public Works and Utilities’ (Duluth’s)\nPublic Awareness Program 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 items inspected\nand the probable violation is:\n1. § 192.616 Public Awareness\n(c) The operator must follow the general program recommendations,\nincluding baseline and supplemental requirements of API RP 1162, unless the\noperator provides justification in its program or procedural manual as to why\ncompliance with all or certain provisions of the recommended practice is not\npracticable and not necessary for safety.\nDuluth did not provide baseline messaging to any public or emergency officials from\nWisconsin that invited them to attend the Community Awareness Emergency Response\n(CAER)-sponsored meetings in 2010, 2011, or 2012, in accordance with API RP 116.\n\n\n\nDuluth was reportedly providing a listing of officials to the organization, but CAER was\nnot mailing anything to entities located outside of Minnesota. In accordance with API RP\n1162, Duluth should have identified during its annual implementation reviews or in the\neffectiveness evaluation that the CAER was not inviting excavators, emergency officials, or\npublic officials from Wisconsin to its meetings. Excavators in Wisconsin were, however,\nincluded in the Digger's Hotline breakfast meetings attended by Duluth representatives.\nDuluth needs to ensure that the appropriate entities located along the Wisconsin portion of\nthe pipeline are identified and contacted as required.\nDuluth has not been annually reviewing the implementation of its program, as required by\nAPI RP 1162. In addition, the surveys that formed the basis of its effectiveness evaluation\nwere only conducted on the affected public audience. The annual implementation reviews\nand periodic effectiveness evaluations should apply to each stakeholder audience and\nshould be specific to the Duluth public awareness program.\nUnder 49 United States Code, §60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and\nhave decided not to conduct additional enforcement action or penalty assessment\nproceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in Duluth 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 3-2014-1004W. 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,\nLinda Daugherty\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings","truncated":false,"body_characters":4735}