{"operation":"document","citation":"CPF 52021034NOA","title":"NAVAJO NATION OIL AND GAS COMPANY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-06-24","effective_on":null,"summary":"CLOSED notice of amendment citing 199.101(a), 199.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021034noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021034noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021034noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021034NOA","body":"Notice of Amendment involving NAVAJO NATION OIL AND GAS COMPANY. PHMSA's enforcement data identifies the cited regulations as 199.101(a),  199.202. The case was opened on 2021-06-24 and is reported as closed as of 2021-08-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021034NOA_Closure Letter_08022021_(21-203352).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021034NOA/52021034NOA_Closure%20Letter_08022021_(21-203352).pdf\n\n52021034NOA_Closure Letter_08022021_(21-203352)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021034NOA/52021034NOA_Closure%20Letter_08022021_(21-203352)_text.pdf\n\n52021034NOA_Notice of Amendment_06242021_(21-203352).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021034NOA/52021034NOA_Notice%20of%20Amendment_06242021_(21-203352).pdf\n\n52021034NOA_Notice of Amendment_06242021_(21-203352)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021034NOA/52021034NOA_Notice%20of%20Amendment_06242021_(21-203352)_text.pdf\n\n52021034NOA_Operator Response to Notice_07232021_(21-203352).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021034NOA/52021034NOA_Operator%20Response%20to%20Notice_07232021_(21-203352).pdf\n\n52021034NOA_Closure Letter_08022021_(21-203352)_text.pdf\n\nVIA E-MAIL TO MR. JAMES R. MCCLURE\nAugust 2, 2021\nMr. James R. McClure\nPresident\nNavajo Oil and Gas Company\n50 Narbono Circle West\nSt. Michaels, AZ 86511\nCPF 5-2021-034-NOA\nClosure Letter\nDear Mr. McClure:\nFrom March 4, 2021, to May 18, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected Navajo\nNation Oil and Gas Company (NNOGC) PHMSA Drug and Alcohol (D&A) written plan and procedures\nby virtual and other electronic means. During the inspection, PHMSA identified apparent inadequacies\nwithin NNOGC’s written D&A plan and procedures.\nThe PHMSA Western Region received and reviewed the amended written D&A plan and procedures\nNNOGC submitted to PHMSA in correspondence dated July 23, 2021, and we find them adequate.\nThis letter is to inform you that NNOGC has complied with the terms of the Notice of Amendment\n(NOA) and that no further actions are necessary with regards to the NOA. This case is now closed.\nPlease be advised that this letter refers only to the NOA (CPF 5-2021-034-NOA) and not to other\nPHMSA pending cases, if any. Also be advised that nothing herein states or implies that the above\ndescribed written D&A plan and procedures meet the requirements of the federal pipeline safety\nregulations or that the NNOCG written D&A plan and procedures are approved. The NNOGC D&A\nprogram remains subject to inspection by PHMSA.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\n\n52021034NOA_Notice of Amendment_06242021_(21-203352)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. JAMES R. MCCLURE\nJune 24, 2021\nMr. James R. McClure\nPresident\nNavajo Oil and Gas Company\n50 Narbono Circle West\nSt. Michaels, AZ 86511\nCPF 5-2021-034-NOA\nDear Mr. McClure:\nFrom March 4, 2021 to May 18, 2021, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected Navajo Nation Gas and Oil Company (NNGOC) PHMSA Drug and Alcohol (D&A)\nwritten plans and procedures by virtual and other electronic means.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nNNGOC plans or procedures, as described below:\n1. §199.101 Anti-drug plan.\n(a) Each operator shall maintain and follow a written anti-drug plan that conforms to\nthe requirements of this part and the DOT Procedures. The plan must contain—\n(1) Methods and procedures for compliance with all the requirements of this part,\nincluding the employee assistance program;\n(2) The name and address of each laboratory that analyzes the specimens collected for\ndrug testing;\n(3) The name and address of the operator's Medical Review Officer, and Substance\nAbuse Professional;\n\n\n\nThe NNGOC Anti-Drug Plan (version 2) does not contain the names and addresses of the\nSubstance Abuse Professional, Medical Review Officer, and each laboratory that analyzes the\nspecimens collected for drug testing.\nThe plan is essentially a generic recitation and paraphrase of Parts 40 and 199, unclear on the\nroles of the Designated Employer Representative (DER) versus service agents, and incorrect on\nthe classification of covered employees. Moreover, the plan was not maintained to reflect all the\namendments to Parts 40 and 199.\n2. §199.202 Alcohol misuse plan.\nEach operator must maintain and follow a written alcohol misuse plan that conforms to\nthe requirements of this part and DOT Procedures concerning alcohol testing\nprograms. The plan shall contain methods and procedures for compliance with all the\nrequirements of this subpart, including required testing, recordkeeping, reporting,\neducation and training elements.\nThe NNGOC Alcohol Misuse Plan (version 2) is essentially a generic recitation and paraphrase\nof the PHMSA and DOT alcohol testing regulations, unclear on the roles of the DER versus\nservice agents, and incorrect on the classification of covered employees. Moreover, the plan was\nnot maintained to reflect all the amendments to Parts 40 and 199.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclose as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under\n5 U.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n90 days of receipt of this Notice. This period may be extended by written request for good\n2\n\n\n\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Navajo Oil and Gas Company maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment (preparation/\nrevision of plans, procedures) and submit the total to Dustin Hubbard, Director, Western Region,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 5-2021-034-NOA and, for each document you submit, please\nprovide a copy in electronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n3","truncated":false,"body_characters":8039}