ERGON TERMINALING, INC. — Notice of Amendment

320155014M_Closure Letter_11082016_text.pdf, page 1Official PDFCERTIFIED MAIL - RETURN RECEIPT REQUESTED November 4, 2016 Mr. Jimmy Clunan Vice President, Operations Ergon Trucking, Inc. P.O. Box 1639 Jackson, Mississippi 39215 CPF 3-2015-5014M Dear Mr. Clunan: On December 18, 2012, a representative from the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on- site pipeline safety inspection of Ergon Trucking, Inc.'s Public Awareness Program in Magnolia, Ohio. As a result of the inspection, Ergon Trucking, Inc.'s (now Ergon Terminaling, Inc.) was issued a Notice of Amendment on November 23, 2015, which proposed amendment of your procedures. Ergon Terminaling, Inc. submitted its amended procedures on June 6, 2016. 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#

320155014M_Notice_of_Amendment_11232015.pdf, page 1Official PDFof Transportation U.S. Department 901 Locust Street, Suite 462 Kansas City, Missouri 64106-2641 Safety Administration Pipeline and Hazardous Materials NOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED November 23, 2015 Mr. Russ Maroney Vice President, Operations Ergon Trucking, Inc. 2829 Lakeland Drive Jackson, Mississippi 39215 CPF 3-2015-5014M Dear Mr. Maroney: On December 18, 2012, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Ergon Trucking, Inc.'s (Ergon's) Public Awareness Program in Magnolia, Ohio. On the basis of the inspection, PHMSA has identified apparent inadequacies found within Ergon's Public Awareness Program, as described below: § 195.440 Public Awareness public, appropriate government organizations, and persons engaged ir (d) The operator's program must specifically include provisions to educate th excavation related activities on... Ergon's procedures are inadequate because they do not provide a basis for insuring that all involved in excavation activities are receiving the proper information needed to educate them about the operator's program.#

320155014M_Notice_of_Amendment_11232015.pdf, page 2Response 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. 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 Ergon maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to Allan C. Beshore, Director, Central Region, OPS, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer to CPF 3-2015-5014M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Jamms Bumbe Allan C. Beshore Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings 2#

320155014M_Notice of Amendment_11232015_text.pdf, page 1Official PDFNOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED November 23, 2015 Mr. Russ Maroney Vice President, Operations Ergon Trucking, Inc. 2829 Lakeland Drive Jackson, Mississippi 39215 CPF 3-2015-5014M Dear Mr. Maroney: On December 18, 2012, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Ergon Trucking, Inc.’s (Ergon’s) Public Awareness Program in Magnolia, Ohio. On the basis of the inspection, PHMSA has identified apparent inadequacies found within Ergon’s Public Awareness Program, as described below: 1. § 195.440 Public Awareness (d) The operator's program must specifically include provisions to educate the public, appropriate government organizations, and persons engaged in excavation related activities on… Ergon’s procedures are inadequate because they do not provide a basis for insuring that all involved in excavation activities are receiving the proper information needed to educate them about the operator’s program.#

320155014M_Notice of Amendment_11232015_text.pdf, page 2Response 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. 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 Ergon maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to Allan C. Beshore, Director, Central Region, OPS, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer to CPF 3-2015-5014M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Allan C. Beshore Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings 2#