{"operation":"document","citation":"CPF 320155014M","title":"ERGON TERMINALING, INC. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-11-23","effective_on":null,"summary":"CLOSED notice of amendment citing 195.440(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320155014m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320155014m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320155014m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320155014M","body":"Notice of Amendment involving ERGON TERMINALING, INC.. PHMSA's enforcement data identifies the cited regulation as 195.440(d). The case was opened on 2015-11-23 and is reported as closed as of 2016-11-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320155014M_Closure Letter_11082016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320155014M/320155014M_Closure%20Letter_11082016.pdf\n\n320155014M_Closure Letter_11082016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320155014M/320155014M_Closure%20Letter_11082016_text.pdf\n\n320155014M_Notice of Amendment_11232015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320155014M/320155014M_Notice%20of%20Amendment_11232015_text.pdf\n\n320155014M_Notice_of_Amendment_11232015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320155014M/320155014M_Notice_of_Amendment_11232015.pdf\n\n320155014M_Closure Letter_11082016_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 4, 2016\nMr. Jimmy Clunan\nVice President, Operations\nErgon Trucking, Inc.\nP.O. Box 1639\nJackson, Mississippi 39215\nCPF 3-2015-5014M\nDear Mr. Clunan:\nOn December 18, 2012, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-\nsite pipeline safety inspection of Ergon Trucking, Inc.'s Public Awareness Program in Magnolia,\nOhio. As a result of the inspection, Ergon Trucking, Inc.'s (now Ergon Terminaling, Inc.) was\nissued a Notice of Amendment on November 23, 2015, which proposed amendment of your\nprocedures.\nErgon Terminaling, Inc. submitted its amended procedures on June 6, 2016. My staff reviewed\nthe amended 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 you\nfor your cooperation.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n320155014M_Notice_of_Amendment_11232015.pdf\n\nof Transportation\nU.S. Department\n901 Locust Street, Suite 462\nKansas City, Missouri 64106-2641\nSafety Administration\nPipeline and Hazardous Materials\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 23, 2015\nMr. Russ Maroney\nVice President, Operations\nErgon Trucking, Inc.\n2829 Lakeland Drive\nJackson, Mississippi 39215\nCPF 3-2015-5014M\nDear Mr. Maroney:\nOn December 18, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nErgon Trucking, Inc.'s (Ergon's) Public Awareness Program in Magnolia, Ohio.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies found within\nErgon's Public Awareness Program, as described below:\n§ 195.440 Public Awareness\npublic, appropriate government organizations, and persons engaged ir\n(d) The operator's program must specifically include provisions to educate th\nexcavation related activities on...\nErgon's procedures are inadequate because they do not provide a basis for insuring that all\ninvolved in excavation activities are receiving the proper information needed to educate\nthem about the operator's program.\n\n\n\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.\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 Ergon 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 Allan C. Beshore,\nDirector, Central Region, OPS, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 3-2015-5014M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nJamms Bumbe\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n2\n\n320155014M_Notice of Amendment_11232015_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 23, 2015\nMr. Russ Maroney\nVice President, Operations\nErgon Trucking, Inc.\n2829 Lakeland Drive\nJackson, Mississippi 39215\nCPF 3-2015-5014M\nDear Mr. Maroney:\nOn December 18, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nErgon Trucking, Inc.’s (Ergon’s) Public Awareness Program in Magnolia, Ohio.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies found within\nErgon’s Public Awareness Program, as described below:\n1. § 195.440 Public Awareness\n(d) The operator's program must specifically include provisions to educate the\npublic, appropriate government organizations, and persons engaged in\nexcavation related activities on…\nErgon’s procedures are inadequate because they do not provide a basis for insuring that all\ninvolved in excavation activities are receiving the proper information needed to educate\nthem about the operator’s program.\n\n\n\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.\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 Ergon 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 Allan C. Beshore,\nDirector, Central Region, OPS, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 3-2015-5014M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n2","truncated":false,"body_characters":9158}