30 C.F.R. Subpart N—Outer Continental Shelf (OCS) Civil Penalties
Title 30 - Mineral Resources
Source: 62 FR 42668, Aug. 8, 1997, unless otherwise noted. Redesignated at 63 FR 29479, May 29, 1998.
This subpart explains MMS's civil penalty procedures whenever a lessee, operator or other person engaged in oil, gas, sulphur or other minerals operations in the OCS has a violation. Whenever MMS determines, on the basis of available evidence, that a violation occurred and a civil penalty review is appropriate, it will prepare a case file. MMS will appoint a Reviewing Officer. The following table is an index of the sections in this subpart: [62 FR 42668, Aug. 8, 1997. Redesignated and amended at 63 FR 29479, 29487, May 29, 1998] Terms used in this subpart have the following meaning: Case file means an MMS document file containing information and the record of evidence related to the alleged violation. Civil penalty means a fine. It is an MMS regulatory enforcement tool used in addition to Notices of Incidents of Noncompliance and directed suspensions of production or other operations. Reviewing Officer means an MMS employee assigned to review case files and assess civil penalties. Violation means failure to comply with the Outer Continental Shelf Lands Act (OCSLA) or any other applicable laws, with any regulations issued under the OCSLA, or with the terms or provisions of leases, licenses, permits, rights-of-way, or other approvals issued under the OCSLA. Violator means a person responsible for a violation. [62 FR 42668, Aug. 8, 1997. Redesignated at 63 FR 29479, May 29, 1998, as amended at 71 FR 23864, Apr. 25, 2006] The maximum civil penalty is $30,000 per day per violation. [68 FR 61624, Oct. 29, 2003] MMS will review each of the following violations for potential civil penalties: (a) Violations that you do not correct within the period MMS grants; (b) Violations that MMS determines may constitute, or constituted, a threat of serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment; or (c) Violations that cause serious, irreparable, or immediate harm or damage to life (including fish and other aquatic life), property, any mineral deposit, or the marine, coastal, or human environment. (d) Violations of the oil spill financial responsibility requirements at 30 CFR part 253. [62 FR 5331, Feb. 5, 1997. Redesignated and amended at 63 FR 29479, 29487, May 29, 1998; 63 FR 42711, Aug. 11, 1998; 64 FR 9066, Feb. 24, 1999] MMS will develop a case file during its investigation of the violation, and forward it to a Reviewing Officer if any of the conditions in §250.1404 exist. The Reviewing Officer will review the case file and determine if a civil penalty is appropriate. The Reviewing Officer may administer oaths and issue subpoenas requiring witnesses to attend meetings, submit depositions, or produce evidence. [62 FR 42668, Aug. 8, 1997. Redesignated and amended at 63 FR 29479, 29487, May 29, 1998] If the Reviewing Officer determines that a civil penalty should be assessed, the Reviewing Officer will send the violator a letter of notification. The letter of notification will include: (a) The amount of the proposed civil penalty; (b) Information on the violation(s); and (c) Instruction on how to obtain a copy of the case file, schedule a meeting, submit information, or pay the penalty. [62 FR 42668, Aug. 8, 1997. Redesignated at 63 FR 29479, May 29, 1998; 64 FR 9066, Feb. 24, 1999] You have 30 calendar days after you receive the Reviewing Officer's letter to either: (a) Request, in writing, a meeting with the Reviewing Officer; (b) Submit additional information; or (c) Pay the proposed civil penalty. At the end of the 30 calendar days or after the meeting and submittal of additional information, the Reviewing Officer will review the case file, including all information you submitted, and send you a decision. The decision will include the amount of any final civil penalty, the basis for the civil penalty, and instructions for paying or appealing the civil penalty. (a) When you receive the Reviewing Officer's final decision, you have 60 days to either pay the penalty or file an appeal in accordance with 30 CFR part 290, subpart A. (b) If you file an appeal, you must either: (1) Submit a surety bond in the amount of the penalty to the Regional Adjudication Office in the Region where the penalty was assessed, following instructions that the Reviewing Officer will include in the final decision; or (2) Notify the Regional Adjudication Office, in the Region where the penalty was assessed, that you want your lease-specific/area-wide bond on file to be used as the bond for the penalty amount. (c) If you choose the alternative in paragraph (b)(2) of this section, the Regional Director may require additional security (i.e., security in excess of your existing bond) to ensure sufficient coverage during an appeal. In that event, the Regional Director will require you to post the supplemental bond with the regional office in the same manner as under §§256.53(d) through (f) of this chapter. If the Regional Director determines the appeal should be covered by a lease-specific abandonment account then you must establish an account that meets the requirements of §256.56. (d) If you do not either pay the penalty or file a timely appeal, MMS will take one or more of the following actions: (1) We will collect the amount you were assessed, plus interest, late payment charges, and other fees as provided by law, from the date you received the Reviewing Officer's final decision until the date we receive payment; (2) We may initiate additional enforcement, including, if appropriate, cancellation of the lease, right-of-way, license, permit, or approval, or the forfeiture of a bond under this part; or (3) We may bar you from doing further business with the Federal Government according to Executive Orders 12549 and 12689, and section 2455 of the Federal Acquisition Streamlining Act of 1994, 31 U.S.C. 6101. The Department of the Interior's regulations implementing these authorities are found at 43 CFR part 12, subpart D. [64 FR 26257, May 13, 1999, as amended at 65 FR 2875, Jan. 19, 2000]
Title 30: Mineral Resources
PART 250—OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF
Subpart N—Outer Continental Shelf (OCS) Civil Penalties
§ 250.1400 How does MMS begin the civil penalty process?
§ 250.1401 Index table.
§ 250.1401 Table------------------------------------------------------------------------ ------------------------------------------------------------------------Definitions............................... § 250.1402What is the maximum civil penalty?........ § 250.1403Which violations will MMS review for § 250.1404 potential civil penalties?.When is a case file developed?............ § 250.1405When will MMS notify me and provide § 250.1406 penalty information?.How do I respond to the letter of § 250.1407 notification?.When will I be notified of the Reviewing § 250.1408 Officer's decision?.What are my appeal rights?................ § 250.1409------------------------------------------------------------------------
§ 250.1402 Definitions.
§ 250.1403 What is the maximum civil penalty?
§ 250.1404 Which violations will MMS review for potential civil penalties?
§ 250.1405 When is a case file developed?
§ 250.1406 When will MMS notify me and provide penalty information?
§ 250.1407 How do I respond to the letter of notification?
§ 250.1408 When will I be notified of the Reviewing Officer's decision?
§ 250.1409 What are my appeal rights?
