# CITY OF DULUTH PUBLIC WORKS & UTILITIES — Warning Letter

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

Official case documents:

320141004W_Warning Letter_03132014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320141004W/320141004W_Warning%20Letter_03132014.pdf

320141004W_Warning Letter_03132014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320141004W/320141004W_Warning%20Letter_03132014_text.pdf

320141004W_Warning Letter_03132014_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 13, 2014
Mr. Jim Benning
Director, Public Works
City of Duluth Public Works and Utilities
City Hall, Room 211
411 West 1st Street
Duluth, Minnesota 55802
CPF 3-2014-1004W
Dear Mr. Benning:
On August 22-23, 2012, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49
United States Code inspected the City of Duluth Public Works and Utilities’ (Duluth’s)
Public Awareness Program in Duluth, Minnesota.
As a result of the inspection, it appears that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected
and the probable violation is:
1. § 192.616 Public Awareness
(c) The operator must follow the general program recommendations,
including baseline and supplemental requirements of API RP 1162, unless the
operator provides justification in its program or procedural manual as to why
compliance with all or certain provisions of the recommended practice is not
practicable and not necessary for safety.
Duluth did not provide baseline messaging to any public or emergency officials from
Wisconsin that invited them to attend the Community Awareness Emergency Response
(CAER)-sponsored meetings in 2010, 2011, or 2012, in accordance with API RP 116.



Duluth was reportedly providing a listing of officials to the organization, but CAER was
not mailing anything to entities located outside of Minnesota. In accordance with API RP
1162, Duluth should have identified during its annual implementation reviews or in the
effectiveness evaluation that the CAER was not inviting excavators, emergency officials, or
public officials from Wisconsin to its meetings. Excavators in Wisconsin were, however,
included in the Digger's Hotline breakfast meetings attended by Duluth representatives.
Duluth needs to ensure that the appropriate entities located along the Wisconsin portion of
the pipeline are identified and contacted as required.
Duluth has not been annually reviewing the implementation of its program, as required by
API RP 1162. In addition, the surveys that formed the basis of its effectiveness evaluation
were only conducted on the affected public audience. The annual implementation reviews
and periodic effectiveness evaluations should apply to each stakeholder audience and
should be specific to the Duluth public awareness program.
Under 49 United States Code, §60122, you are subject to a civil penalty not to exceed
$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a
related series of violations. For violations occurring prior to January 4, 2012, the maximum
penalty may not exceed $100,000 per violation per day, with a maximum penalty not to
exceed $1,000,000 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 items identified in this letter.
Failure to do so will result in Duluth 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 3-2014-1004W. 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,
Linda Daugherty
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Compliance Proceedings
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