# NAVAJO NATION OIL AND GAS COMPANY — Warning Letter

- **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:** Not available
- **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.

Official case documents:

420121003W_Warning Letter_03202012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420121003W/420121003W_Warning%20Letter_03202012.pdf

420121003W_Warning Letter_03202012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420121003W/420121003W_Warning%20Letter_03202012_text.pdf

420121003W_Warning Letter_03202012_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
March 20, 2012
Wilson Groen
President and CEO
Navajo Nation Oil & Gas Co., Inc.
50 Narbono Circle West
St. Michaels, AZ 86511
CPF 4-2012-1003W
Dear Mr. Groen:
On August 16 and 17, 2011, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the
effectiveness of Navajo Nation Oil & Gas Co., Inc.’s (Navajo’s) Public Awareness Program
(PAP) in St. Michaels (Window Rock) AZ.
As a result of the inspection, it appears that Navajo has committed two probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the
probable violation(s) are:
1. §192.616 Public Awareness
(c) The operator must follow the general program recommendations, including
baseline and supplemental requirements of API RP 1162, unless the operator
provides justification in its program or procedural manual as to why conditions with
all or certain provisions of the recommended practice is not practicable and not
necessary for safety.



(i) The operator's program documentation and evaluation results must be available
for periodic review by appropriate regulatory agencies.
Section 8.3 and Table 8-1 of RP 1162 and Section 12 of the Navajo Public Awareness
Program (PAP) require an annual review of the Navajo PAP. During the inspection,
Navajo was unable to produce documentation of annual reviews conducted for years prior
to CY 2010.
2. §192.616 Public Awareness
(i) The operator must follow the general program recommendations, including
baseline and supplemental requirements of API RP 1162, unless the operator
provides justification in its program or procedural manual as to why conditions with
all or certain provisions of the recommended practice is not practicable and not
necessary for safety.
(i) The operator's program documentation and evaluation results must be available
for periodic review by appropriate regulatory agencies.
Section 8.4.2 and Table 8-1 of RP 1162 require program effectiveness evaluations no more
than four years apart. At the time of the inspection, Navajo had not conducted a four-year
effectiveness evaluation.
During the inspection, Navajo contacted RCP Inc. of Houston Texas and arranged to have a
program effectiveness evaluation performed no later than October 1, 2011. RCP conducted
the evaluation September 27, 2011. Navajo provided a copy of the page report to the
PHMSA Southwest Region. The Southwest Region reviewed the report and found it
satisfactory. The next program effectiveness evaluation is due no later than September 30,
2015.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000
for each violation for each day the violation persists up to a maximum of $1,000,000 for any
related series of violations. We have reviewed the circumstances and supporting documents
involved in this case, and have decided not to conduct additional enforcement action or penalty
assessment proceedings at this time. We advise you to correct the items identified in this letter.
Failure to do so will result in Navajo being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 4-2012-1003W. 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
2



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).
Sincerely,
R. M. Seeley
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration
3
- **truncated:** false
- **body characters:** 4647