{"operation":"document","citation":"CPF 420121003W","title":"NAVAJO NATION OIL AND GAS COMPANY — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-03-20","effective_on":null,"summary":"CLOSED warning letter citing 192.616.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420121003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420121003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420121003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420121003W","body":"Warning Letter involving NAVAJO NATION OIL AND GAS COMPANY. PHMSA's enforcement data identifies the cited regulation as 192.616. The case was opened on 2012-03-20 and is reported as closed as of 2012-03-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420121003W_Warning Letter_03202012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420121003W/420121003W_Warning%20Letter_03202012.pdf\n\n420121003W_Warning Letter_03202012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420121003W/420121003W_Warning%20Letter_03202012_text.pdf\n\n420121003W_Warning Letter_03202012_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 20, 2012\nWilson Groen\nPresident and CEO\nNavajo Nation Oil & Gas Co., Inc.\n50 Narbono Circle West\nSt. Michaels, AZ 86511\nCPF 4-2012-1003W\nDear Mr. Groen:\nOn August 16 and 17, 2011, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the\neffectiveness of Navajo Nation Oil & Gas Co., Inc.’s (Navajo’s) Public Awareness Program\n(PAP) in St. Michaels (Window Rock) AZ.\nAs a result of the inspection, it appears that Navajo has committed two probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation(s) are:\n1. §192.616 Public Awareness\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions with\nall or certain provisions of the recommended practice is not practicable and not\nnecessary for safety.\n\n\n\n(i) The operator's program documentation and evaluation results must be available\nfor periodic review by appropriate regulatory agencies.\nSection 8.3 and Table 8-1 of RP 1162 and Section 12 of the Navajo Public Awareness\nProgram (PAP) require an annual review of the Navajo PAP. During the inspection,\nNavajo was unable to produce documentation of annual reviews conducted for years prior\nto CY 2010.\n2. §192.616 Public Awareness\n(i) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why conditions with\nall or certain provisions of the recommended practice is not practicable and not\nnecessary for safety.\n(i) The operator's program documentation and evaluation results must be available\nfor periodic review by appropriate regulatory agencies.\nSection 8.4.2 and Table 8-1 of RP 1162 require program effectiveness evaluations no more\nthan four years apart. At the time of the inspection, Navajo had not conducted a four-year\neffectiveness evaluation.\nDuring the inspection, Navajo contacted RCP Inc. of Houston Texas and arranged to have a\nprogram effectiveness evaluation performed no later than October 1, 2011. RCP conducted\nthe evaluation September 27, 2011. Navajo provided a copy of the page report to the\nPHMSA Southwest Region. The Southwest Region reviewed the report and found it\nsatisfactory. The next program effectiveness evaluation is due no later than September 30,\n2015.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in Navajo being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2012-1003W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\n2\n\n\n\nyou believe 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).\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":4647}