{"operation":"document","citation":"CPF 520100006M","title":"AMERIGAS EAGLE PROPANE LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-02-11","effective_on":null,"summary":"CLOSED notice of amendment citing 192.616(j).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520100006m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520100006m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520100006m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520100006M","body":"Notice of Amendment involving AMERIGAS EAGLE PROPANE LP. PHMSA's enforcement data identifies the cited regulation as 192.616(j). The case was opened on 2010-02-11 and is reported as closed as of 2011-04-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520100006M_closure letter_04152011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520100006M/520100006M_closure%20letter_04152011.pdf\n\n520100006M_closure letter_04152011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520100006M/520100006M_closure%20letter_04152011_text.pdf\n\n520100006M_NOA_02112010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520100006M/520100006M_NOA_02112010.pdf\n\n520100006M_NOA_02112010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520100006M/520100006M_NOA_02112010_text.pdf\n\n520100006M_operator response_03172011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520100006M/520100006M_operator%20response_03172011.pdf\n\n520100006M_re-issued notice of amendment_01062011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520100006M/520100006M_re-issued%20notice%20of%20amendment_01062011.pdf\n\n520100006M_re-issued notice of amendment_01062011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520100006M/520100006M_re-issued%20notice%20of%20amendment_01062011_text.pdf\n\n520100006M_re-issued notice of amendment_01062011_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 6, 2011\nMr. Ron Templeman\nGeneral Manager\nAmerigas Eagle Propane, L.P.\n91-290 Hanua Street\nKapolei, HI 96707-1783\nCPF 5-2010-0006M\nDear Mr. Templeman:\nThis Notice of Amendment was originally sent on February 11, 2010, but we did not receive the\ncertified mail return receipt. Subsequent contact with you confirmed you did not receive the\nNotice. As a result, we are re-issuing this Notice of Amendment to Amerigas Eagle Propane, L.P.\n(Amerigas).\nOn December 8, 2008, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected the\nAmerigas operation, maintenance and emergency response procedures for your propane facilities\nin Kapolei, Hawaii.\nOn the basis of the inspection, PHMSA identified the following apparent inadequacy within your\nplans or procedures, as described below:\n\n\n\n1. §192.616 Public awareness.\n(j) Unless the operator transports gas as a primary activity, the operator of a master\nmeter or petroleum gas system is not required to develop a public awareness\nprogram as prescribed in paragraphs (a) through (g) of this section. Instead the\noperator must develop and implement a written procedure to provide its customers\npublic awareness messages twice annually. If the master meter or petroleum gas\nsystem is located on property the operator does not control, the operator must\nprovide similar messages twice annually to persons controlling the property. The\npublic awareness message must include:\n(1) A description of the purpose and reliability of the pipeline;\n(2) An overview of the hazards of the pipeline and prevention measures used;\n(3) Information about damage prevention;\n(4) How to recognize and respond to a leak; and\n(5) How to get additional information.\nAmerigas needs to provide the public awareness message twice annually to persons controlling\nproperties where Amerigas has facilities. At the time of the inspection, Amerigas was providing\nmessages to customers and property owners once per year instead of twice annually. Amerigas’\nwritten procedures required a public awareness message be sent annually to its customers.\n§192.616(j) requires the written procedure to provide its customers public awareness messages\ntwice annually. Amerigas needs to revise their procedure accordingly.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of\nthis Notice, this constitutes a waiver of your right to contest the allegations in this Notice and\nauthorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this\nNotice, you may be ordered to amend your plans or procedures to correct the inadequacies (49\nC.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within 30 days of receipt of this Notice. This period may be\nextended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\n\n\n\nIn correspondence concerning this matter, please refer to CPF 5-2010-0006M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 P. Nguyen (#122343)\n\n520100006M_closure letter_04152011_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 15, 2011\nMr. Ronald Templeman\nGeneral Manager, Hawaii\nAmeriGas Eagle Propane, L.P.\nOahu Gas Service\n91-290 Hanua Street\nKapolei, HI 96707-1783\nCPF 5-2010-0006M\nDear Mr. Templeman:\nOn December 8, 2008, 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 Amerigas Eagle Propane, L.P.’s procedures at the Oahu Gas\nService Unit. As a result of the inspection, Amerigas Eagle Propane, L.P. was issued a Notice\nof Amendment on January 6, 2011, which proposed amendment of your public awareness\nnotice procedures.\nAmerigas Eagle Propane, L.P. submitted its amended procedures on March 17, 2011. My staff\nreviewed the amended procedures, and it appears that the inadequacies outlined in this Notice\nof Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nChris Hoidal\nDirector, Western\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 P. Nguyen (#122343)","truncated":false,"body_characters":7151}