{"operation":"document","citation":"CPF 520090026W","title":"FREEPORT-MCMORAN OIL & GAS — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-11-09","effective_on":null,"summary":"CLOSED warning letter citing 192.616(g).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090026w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090026w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090026w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520090026W","body":"Warning Letter involving FREEPORT-MCMORAN OIL & GAS. PHMSA's enforcement data identifies the cited regulation as 192.616(g). The case was opened on 2009-11-09 and is reported as closed as of 2009-11-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520090026W_operator response_11202009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090026W/520090026W_operator%20response_11202009.pdf\n\n520090026W_warning letter_11092009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090026W/520090026W_warning%20letter_11092009.pdf\n\n520090026W_warning letter_11092009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090026W/520090026W_warning%20letter_11092009_text.pdf\n\n520090026W_warning letter_11092009_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 9, 2009\nMr. David Rose\nEnvironmental Health and Safety\nPlains Exploration and Production (PXP)\n201 South Broadway\nOrcutt, CA 93455\nCPF 5-2009-0026W\nDear Mr. Rose:\nOn September 1-2, 2009, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nwritten procedures contained within your Operations and Maintenance (O&M) Procedural\nManuals for the LOGP to SOCAL gas system. Our representative also reviewed records to\nensure that the O&M procedures were properly implemented. These procedures and records\nreview were conducted at your Orcutt, California office.\nAs a result of the inspection, it appears that Plains Exploration and Production (PXP) has\ncommitted probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal\nRegulations. The item inspected and the probable violation is:\n1. §192.616 Public Awareness\n(g) The program must be conducted in English and in other languages commonly\nunderstood by a significant number and concentration of the non-English\nspeaking population in the operator's area.\n\n\n\nPXP must ensure the public awareness messages are delivered in both English and\nSpanish languages. PXP follows API 1162 recommended message deliveries for its\nstakeholders. However, these messages are delivered in the English language only.\nThe other commonly language understood by a significant number of the population in\nthe LOGP to SOCAL area is Spanish.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000\nfor any related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement\naction or penalty assessment proceedings at this time. We advise you to correct the items\nidentified in this letter. Failure to do so will result in Plains Exploration and Production being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2009-0026W. 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 portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 H. Monfared (#123247)\n2","truncated":false,"body_characters":3760}