Outer Continental Shelf (OCS) Civil Penalties, 14945-14948 [E6-4303]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Notices
withheld, you must state this
prominently at the beginning of your
comment. MMS will honor this request
to the extent allowable by law; however,
anonymous comments will not be
considered. All submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public inspection in
their entirety.
MMS Information Collection
Clearance Officer: Arlene Bajusz (202)
208–7744.
Dated: March 14, 2006.
E.P. Danenberger,
Chief, Office of Offshore Regulatory Programs.
[FR Doc. E6–4319 Filed 3–23–06; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Outer Continental Shelf (OCS) Civil
Penalties
Minerals Management Service
(MMS).
ACTION: Notice summarizing OCS Civil
Penalties Paid, January 1, 2005, through
December 31, 2005.
AGENCY:
SUMMARY: This notice provides a listing
of civil penalties paid January 1, 2005,
through December 31, 2005, for
violations of the OCS Lands Act
(OCSLA). The goal of the MMS OCS
Civil Penalties Program is to assure safe
and clean operations on the OCS.
Through the pursuit, assessment, and
collection of civil penalties and referrals
for the consideration of criminal
penalties, the program is designed to
encourage compliance with OCS
statutes and regulations. The purpose of
publishing the penalties summary is to
provide information to the public on
violations of special concern in OCS
operations and to provide an additional
incentive for safe and environmentally
sound operations.
FOR FURTHER INFORMATION CONTACT:
Joanne McCammon (Program
Coordinator), 703–787–1292.
SUPPLEMENTARY INFORMATION: The Oil
Pollution Act of 1990 (OPA 90)
strengthened section 24 of the OCSLA
Amendments of 1978. Subtitle B of OPA
90, titled ‘‘Penalties,’’ increased the
amount of the civil penalty from a
maximum of $10,000 to a maximum of
$20,000 per violation for each day of
noncompliance. More importantly, in
cases where a failure to comply with
applicable regulations constitutes 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; OPA 90 provided
the Secretary of the Interior (Secretary)
with the authority to assess a civil
penalty without regard to the
requirement of expiration of a period of
time allowed for corrective action.
On August 8, 1997, (62 FR 42668),
MMS published new regulations
implementing the civil penalty
provisions of the OCSLA. Written in
‘‘plain English,’’ the new question-andanswer format provides a better
understanding of the OCS civil penalty
process. In addition, the provisions of
OPA 90 require the Secretary to adjust
the maximum civil penalty to reflect
any increases in the Consumer Price
Index. The new rule increased the
14945
maximum civil penalty to $25,000 per
violation, per day. Please note,
subsequent to publishing the new
regulations, MMS made several
corrections and amendments, including
the appeals procedures. These were
published at 63 FR 42711, 8/11/98; 64
FR 9066, 2/24/99; 62 FR 9065, 2/24/99,
and 64 FR 26257, 5/13/99.
On November 28, 2003, (68 FR
61622), MMS published a new
regulation adjusting the civil penalty
assessment to comply with the
Department of Labor’s Consumer Price
Index. The amount is now $30,000 per
violation per day.
Between August 18, 1990, and
January 2006, MMS initiated 531 civil
penalty reviews. Operators have paid
418 civil penalties for a total of
$13,780,792 in fines. Seventy eight
cases were dismissed; 5 cases were
merged; and 30 cases are under review.
On September 1, 1997, the Associate
Director of Offshore Minerals
Management issued a notice informing
lessees and operators of Federal oil, gas,
and sulphur leases on the OCS that
MMS will annually publish a summary
of OCS civil penalties paid. The annual
summary will highlight the identity of
the party, the regulation violated, and
the amount paid. The following table
provides a listing of the penalties paid
between January 1, 2005, and December
31, 2005. Please note that the MMS
published a direct final rule ((5/29/98),
63 FR 29477) that renumbers each
section in 30 CFR part 250. A quarterly
update of the list, along with additional
information related to the renumbering
of the regulations, is posted on the MMS
Worldwide Web Home page, https://
www.mms.gov.
2005 CIVIL/CRIMINAL PENALTIES SUMMARY, ALL PENALTIES PAID IN CALENDAR 2005 (01/01/2005–12/31/2005)
[The following acronyms are used in this table: PSL (pressure safety low); IP (intermediate pressure); ESD (emergency shutdown device);
SCSSV (surface controlled subsurface safety valve); LSH (level safety high); HP (high pressure); BOP (blow out preventer); SSV (surface
safety valve); PSHL (pressure safety high/low); AFFF (aqueous film forming foam); PSV (pressure safety valve); LSL (level safety low); INC
(incident of non-compliance); H2S (Hydrogen Sulfide).]
Operator name
(contractor)
and case No.
W & T Offshore, Inc., G–1997–
026.
wwhite on PROD1PC61 with NOTICES
Seneca Resources Corporation,
G–1997–030.
VerDate Aug<31>2005
18:26 Mar 23, 2006
Penalty paid and
date paid
Violation and date(s)
A burning operation was conducted without the issuance of a
written authorization for the work and the site was not being
monitored with a portable gas detector.
12/07/96–12/07/96 .........................................................................
12/07/96–12/07/96 .........................................................................
The SSCSV (in a landing nipple) was not tested for one testing
period (tested on 11/3/94 and then on 1/23/96.) Also, the
pipeline shut down valve from West Delta 32C to West Delta
32A was found defective and left in service for 17 days.
05/23/96–05/23/96 .........................................................................
05/23/96–05/23/96 .........................................................................
Jkt 208001
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
Regulation(s)
violated
(30 CFR)
$40,000
01/18/05
..................................
..................................
$85,000
10/12/05
250.52(b)
250.52(d)(2)
..................................
..................................
250.124(a)(1)(ii)
250.154(b)(2)
E:\FR\FM\24MRN1.SGM
24MRN1
14946
Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Notices
2005 CIVIL/CRIMINAL PENALTIES SUMMARY, ALL PENALTIES PAID IN CALENDAR 2005 (01/01/2005–12/31/2005)—
Continued
[The following acronyms are used in this table: PSL (pressure safety low); IP (intermediate pressure); ESD (emergency shutdown device);
SCSSV (surface controlled subsurface safety valve); LSH (level safety high); HP (high pressure); BOP (blow out preventer); SSV (surface
safety valve); PSHL (pressure safety high/low); AFFF (aqueous film forming foam); PSV (pressure safety valve); LSL (level safety low); INC
(incident of non-compliance); H2S (Hydrogen Sulfide).]
Operator name
(contractor)
and case No.
Blue Dolphin Exploration Company, (Petroleum Offshore
Professional Services), G–
2000–059.
Maritech, (Petroleum Offshore
Professional Services), G–
2003–016.
Murphy Exploration & Production Company—USA, G–
2004–011.
Tubing plugs on 8 wells not inspected for leakage within required timeframe. Electrical installations not maintained in accordance with API RP 500 & RP 14F. Crane inspection of 6/
00 indicated that emergency shut down cable and boom angle
indicator needed to be replaced; crane not taken out of service.
04/02/99–10/03/00 .........................................................................
10/02/99–10/03/00 .........................................................................
10/04/00–10/04/00 .........................................................................
06/14/00–10/04/00 .........................................................................
Approval was granted to install an SSCSV in lieu of an SSCSV
in Satellite Well No. 1 with the condition that at the first sign of
sand production the well would be shut-in immediately and the
approval rescinded. Numerous occurrences of produced sand
were not reported to the district and the well remained on production. The SSCSV was removed from the well and found to
be damaged. It was reinstalled in the well which was not
plugged or attended overnight.
2/3/03–2/4/03 .................................................................................
11/5/02–2/4/03 ...............................................................................
The PSL for the intermediate pressure IP Separator was found
in bypass.
04/05/04–04/06/04 .........................................................................
The isolation valves for two ESD Stations were found in the bypassed position, rendering the two ESD stations inoperable.
04/16/04–04/16/04 .........................................................................
Shell Offshore Inc., G–2004–
The surface controlled SCSSV was found blocked out service by
013.
the hydraulic control line closed at the isolation valve on the
tree.
06/16/04–06/24/04 .........................................................................
Forest Oil Corporation, G–2004– The LSH on sump tank was found bypassed at the safety sys014.
tem panel. The blocked out safety device was not flagged nor
being monitored by personnel. Safety Device bypassed for 1
day.
06/03/04–06/03/04 .........................................................................
ExxonMobil Corporation, G–
A 4′ × 8′ section of top deck grating had been removed in order
2004–016.
to facilitate a wireline unit removal operation. The area was
not flagged or barricaded to warn personnel of the open area;
and personnel working in the direct vicinity of the open hole
were not wearing fall protection gear.
04/26/04–04/26/04 .........................................................................
Anadarko E&P Company LP,
The main group device selector switches for both the HP sepa(Island Operators Co. Inc.),
rator (MBD 1050) and the IP separator (MBD 1100) were byG–2004–019.
passed. The end devices were not flagged, nor were they
being monitored.
05/04/04–05/04/04 .........................................................................
05/04/04–05/04/04 .........................................................................
Forest Oil Corporation, (Ensco
An accident involving an injury occurred on 04/19/04 while the
Offshore Co.), G–2004–020.
crew was changing the annular rubber. The operation was not
performed in a safe manner, and an employee lowered
through the rotary was injured when the BOP stack shifted.
04/19/04–04/19/04 .........................................................................
Energy Partners, Ltd., G–2004– SCSSV for Well F–3 was blocked out of service; not flagged nor
021.
being monitored. Safety Device blocked out of service for 9
days.
12/07/03–12/15/03 .........................................................................
Forest Oil Corporation, G–2004– Required safety equipment (smoke and/or thermal rate of rise
022.
detectors) for both the Company Man’s Office/Bunkhouse and
the Galley were inoperable.
05/29/04–06/01/04 .........................................................................
Apache Corporation, (Island Op- Pipeline Pump PSL bypassed and a failure to report casing
erators Co. Inc.), G–2004–024.
pressure caused by a hole in the tubing.
03/09/04–03/09/04 .........................................................................
09/23/03–02/13/04 .........................................................................
Devon Louisiana Corporation,
G–2004–012.
wwhite on PROD1PC61 with NOTICES
Penalty paid and
date paid
Violation and date(s)
VerDate Aug<31>2005
18:26 Mar 23, 2006
Jkt 208001
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
Regulation(s)
violated
(30 CFR)
$24,000
09/22/05
..................................
..................................
..................................
..................................
$140,000
12/16/05
250.804(a)(1)
250.804(a)(1)
250.114(c)
250.108
..................................
..................................
$14,000
02/01/05
250.804(a)(1)(ii)
250.801(h)(3)
..................................
$10,000
03/15/05
..................................
$27,000
03/02/05
250.803(c)(1)
..................................
$10,000
06/29/05
250.803
..................................
$10,000
04/19/05
250.803(c)
..................................
$13,500
04/12/05
33 CFR 142.42
..................................
..................................
$30,000
01/21/05
250.803
250.803
..................................
$9,000
04/12/05
250.107(a)
..................................
$64,000
04/22/05
250.803(c)
..................................
$82,000
03/02/05
..................................
..................................
250.803(b)(9)
E:\FR\FM\24MRN1.SGM
24MRN1
250.803(c)(1)
250.803
250.517(c)
14947
Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Notices
2005 CIVIL/CRIMINAL PENALTIES SUMMARY, ALL PENALTIES PAID IN CALENDAR 2005 (01/01/2005–12/31/2005)—
Continued
[The following acronyms are used in this table: PSL (pressure safety low); IP (intermediate pressure); ESD (emergency shutdown device);
SCSSV (surface controlled subsurface safety valve); LSH (level safety high); HP (high pressure); BOP (blow out preventer); SSV (surface
safety valve); PSHL (pressure safety high/low); AFFF (aqueous film forming foam); PSV (pressure safety valve); LSL (level safety low); INC
(incident of non-compliance); H2S (Hydrogen Sulfide).]
Operator name
(contractor)
and case No.
Penalty paid and
date paid
Violation and date(s)
Kerr-McGee Oil & Gas Corporation, G–2004–025.
The manual relay for the SSV was pinned and tie-wrapped out
of service.
07/16/03–07/16/03 .........................................................................
Stone Energy Corporation,
Failure to initiate prompt well control measures to control the in(Rowan Drilling), G–2004–028.
flux of well formation fluids which entered the wellbore.
08/08/04–08/08/04 .........................................................................
Century Exploration New OrleThe AFFF had not been replaced after failing an analysis test ...
ans, Inc., (Island Operators
Co., Inc.), G–2004–029.
09/28/04–09/28/04 .........................................................................
Forest Oil Corporation, (Baker
The 150 gal AFFF Fire Boss Unit was not being maintained in
Energy, Inc.), G–2004–030.
an operable condition since the effectiveness of the foam was
not being monitored.
10/13/04–10/13/04 .........................................................................
Bois d’Arc Offshore Ltd., (Eagle
The Platform was producing without an operable firewater sysConsultants), G–2004–031.
tem for 2 days.
07/20/04–07/21/04 .........................................................................
Newfield Exploration Company,
The PSVs on Compressor Nos. 1 & 2 were isolated, rendering
G–2004–032.
them inoperable; and there were no fusible loop material
(TSE) over the engine for Compressor No. 1.
08/18/04–08/21/04 .........................................................................
08/18/04–08/21/04 .........................................................................
08/21/04–08/21/04 .........................................................................
Apache Corporation, G–2005–
Open holes in cellar deck and +10 levels without appropriate
004.
barricade to prevent personnel from falling into the holes.
11/09/04–11/09/04 .........................................................................
Pogo Producing Company, G–
Bypassed LSL on the test separator with the upper and lower
2005–005.
isolation valves in the closed position.
08/05/04–08/05/04 .........................................................................
Newfield Exploration Company,
Personnel were observed working without fall protection gear
(Rowan Drilling), G–2005–006.
while engaged in an activity where there was a hazard of falling 10 or more feet.
11/23/04–11/23/04 .........................................................................
Apache Corporation, (Dolphin
An employee fell 45 feet into the Gulf when he stepped through
Service Inc.), G–2005–009.
the open hole created by the removal of wooden boards
which had been placed over the open hole to protect it.
12/20/04–12/20/04 .........................................................................
The Houston Exploration ComThe Gas Detector Head (ASH–10) for gas compressor 802 was
pany, (Grasso Production
found inoperable due to the sensor being disconnected from
Management), G–2005–010.
the main circuit board panel. The blocked out safety device
was not flagged nor being monitored by personnel. Safety Device bypassed for 1 day.
01/03/05–01/03/05 .........................................................................
Bois d’Arc Offshore Ltd., (Eagle
The Burner Safety Low for the fuel to the Glycol Reboiler, EAW–
Consultants), G–2005–011.
921, and the Temperature safety High for the media and the
stack were in by-pass. The blocked out safety devices were
not flagged nor being monitored by personnel. Safety Devices
bypassed for 1 day.
03/02/05–03/02/05 .........................................................................
$7,500
04/18/05
..................................
$20,000
05/25/05
..................................
$10,000
04/28/05
Regulation(s)
violated
(30 CFR)
250.803
250.107
..................................
$20,000
04/22/05
33 CFR 146.15
..................................
$20,000
05/24/05
..................................
$40,000
07/22/05
250.803(b)(8)
..................................
..................................
..................................
$15,000
07/01/05
..................................
$10,000
09/27/05
..................................
$10,000
07/22/05
250.803(c)
250.802(b)
250.803(c)
..................................
$25,000
07/01/05
250.107
..................................
$10,000
11/28/05
250.107(a)
..................................
$10,000
09/15/05
250.803(c)
..................................
250.803(c)
250.803(b)(8)
33 CFR 142.87
250.803
Total Penalties Paid: 01/01/2005–12/31/2005
26 Cases: ($756,000)
wwhite on PROD1PC61 with NOTICES
The purpose of publishing the penalties summary is to provide information to the public on violations of special concern in OCS operations and
to provide an additional incentive for safe and environmentally sound operations.
VerDate Aug<31>2005
18:26 Mar 23, 2006
Jkt 208001
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
E:\FR\FM\24MRN1.SGM
24MRN1
14948
Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Notices
Dated: February 24, 2006.
Thomas A. Readinger,
Associate Director for Offshore Minerals
Management.
[FR Doc. E6–4303 Filed 3–23–06; 8:45 am]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Manufacturer of Controlled
Substances; Notice of Application
BILLING CODE 4310–MR–P
Pursuant to § 1301.33(a) of Title 21 of
the Code of Federal Regulations (CFR),
this is notice that on June 13, 2005,
Cerilliant API Services, LLC, 811
Paloma Drive, Suite A, Round Rock,
Texas 78664, made application to the
Drug Enforcement Administration
(DEA) for registration as a bulk
manufacturer of the basic classes of
controlled substances listed in Schedule
I and II; and by letter dated September
2, 2005, to modify its name to Austin
Pharma, LLC.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Upper Rio Grande Basin Water
Operations Review, NM; Notice of
Extension
Bureau of Reclamation,
Interior.
ACTION: Notice of extension of public
comment period for thirty days.
AGENCY:
SUMMARY: Notice is hereby given that
the comment period for the Draft
Environmental Impact Statement (DEIS)
for the Upper Rio Grande Water
Operations Review, DES–05–80, is
extended an additional 30 days to April
20, 2006.
DATES: The end of the public comment
period, as noted in the Federal Register
(71 FR 3323) on January 20, 2006, was
March 21, 2006. The public comment
period is now extended to April 20,
2006.
Written comments on the
DEIS should be addressed to Valda
Terauds, ALB–707, Bureau of
Reclamation, Albuquerque Area Office,
555 Broadway, NW., Suite 100,
Albuquerque, New Mexico 87102;
faxogram (505) 462–3593; e-mail:
vterauds@uc.usbr.gov. Our practice is to
make comments, including names and
home addresses of respondents,
available for public review. Individual
respondents may request that we
withhold their home address from
public disclosure, which we will honor
to the extent allowable by law. If you
wish us to withhold your name and/or
address, you must state this
prominently at the beginning of your
comment. We will make all submissions
from organizations or businesses, and
from individuals identifying themselves
as representatives or officials of
organizations or businesses, available
for public disclosure in their entirety.
FOR FURTHER INFORMATION CONTACT:
Valda Terauds, Resource Management
Planner, (505) 462–3584.
wwhite on PROD1PC61 with NOTICES
ADDRESSES:
Dated: March 7, 2006.
Roger Slater,
Acting Regional Director—UC Region, Bureau
of Reclamation.
[FR Doc. E6–4306 Filed 3–23–06; 8:45 am]
Drug
Schedule
Lysergic acid diethylamide (7315)
Marihuana (7360) .........................
Tetrahydrocannabinois (7370) .....
3,4–Methylenedioxyamphetamine
(7400).
3,4–Methylenedioxy-Nethylamphetamine (7404).
3,4–
Methylenedioxymethamphetamine (7405).
Psilocyn (7438) .............................
Acetyldihydrocodeine (9051) ........
Benzylmorphine (9052) ................
Codeine-N-oxide (9053) ...............
Cyprenorphine (9054) ..................
Desomorphine (9055) ...................
Etorphine (9056) ...........................
Codeine methylbromide (9070) ....
Dihydromorphine (9145) ...............
Heroin (9200) ...............................
Hydromorphinol (9301) .................
Methyldihydromorphine (9304) .....
Morphine methylbromide (9305) ..
Morphine-N-oxide (9307) .............
Alphamethadol (9605) ..................
Normethadone (9635) ..................
Amphetamine (1100) ....................
Methamphetamine (1105) ............
Cocaine (9041) .............................
Codeine (9050) .............................
Dihydrocodeine (9120) .................
Oxycodone (9143) ........................
Hydromorphone (9150) ................
Benzoylecgonine (9180) ...............
Ecgonine (9180) ...........................
Hydrocodone (9193) .....................
Levomethorphan (9210) ...............
Methadone (9250) ........................
Methadone intermediate (9254) ...
Morphine (9300) ...........................
Thebaine (9333) ...........................
Levo-alphacetylmethadol (9648) ..
Oxymorphone (9652) ...................
Poppy Straw Concentrate (9670)
Alfentanil (9737) ...........................
Remifentanil (9739) ......................
Sufentanil (9740) ..........................
Carfentanil (9743) .........................
Fentanyl (9801) ............................
BILLING CODE 4310–MN–P
VerDate Aug<31>2005
18:26 Mar 23, 2006
Jkt 208001
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
The company plans to manufacture
the listed controlled substances in bulk
for distribution to its customers.
In reference to drug code 7360
(Marihuana), the company plans to bulk
manufacture cannabidiol as a synthetic
intermediate. This controlled substance
will be further synthesized to bulk
manufacture a synthetic THC (7370). No
other activity for this drug code is
authorized for this registration.
Any other such applicant and any
person who is presently registered with
DEA to manufacture such a substance
may file comments or objections to the
issuance of the proposed registration
pursuant to 21 CFR 1301.33(a).
Any such written comments or
objections being sent via regular mail
may be addressed, in quintuplicate, to
the Deputy Assistant Administrator,
Office of Diversion Control, Drug
Enforcement Administration,
Washington, DC 20537, Attention: DEA
Federal Register Representative, Liaison
and Policy Section (ODL); or any being
sent via express mail should be sent to
DEA Headquarters, Attention: DEA
Federal Register Representative/ODL,
2401 Jefferson-Davis Highway,
Alexandria, Virginia 22301; and must be
filed no later than May 23, 2006.
Dated: March 20, 2006.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement
Administration.
[FR Doc. E6–4302 Filed 3–23–06; 8:45 am]
BiLLiNG CODE 4410–09–P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
March 17, 2006.
The Department of Labor (DOL) has
submitted the following public
information collection requests (ICR) to
the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (Pub. L. 104–13,
44 U.S.C. chapter 35). A copy of each
ICR, with applicable supporting
documentation, may be obtained by
contacting Darrin King on 202–693–
4129 (this is not a toll-free number) or
e-mail: king.darrin@dol.gov.
Comments should be sent to Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Occupational Safety and Health
Administration (OSHA), Office of
Management and Budget, Room 10235,
Washington, DC 20503, 202–395–7316
E:\FR\FM\24MRN1.SGM
24MRN1
]]>Agencies
[Federal Register Volume 71, Number 57 (Friday, March 24, 2006)]
[Notices]
[Pages 14945-14948]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4303]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Outer Continental Shelf (OCS) Civil Penalties
AGENCY: Minerals Management Service (MMS).
ACTION: Notice summarizing OCS Civil Penalties Paid, January 1, 2005,
through December 31, 2005.
-----------------------------------------------------------------------
SUMMARY: This notice provides a listing of civil penalties paid January
1, 2005, through December 31, 2005, for violations of the OCS Lands Act
(OCSLA). The goal of the MMS OCS Civil Penalties Program is to assure
safe and clean operations on the OCS. Through the pursuit, assessment,
and collection of civil penalties and referrals for the consideration
of criminal penalties, the program is designed to encourage compliance
with OCS statutes and regulations. The purpose of publishing the
penalties summary is to provide information to the public on violations
of special concern in OCS operations and to provide an additional
incentive for safe and environmentally sound operations.
FOR FURTHER INFORMATION CONTACT: Joanne McCammon (Program Coordinator),
703-787-1292.
SUPPLEMENTARY INFORMATION: The Oil Pollution Act of 1990 (OPA 90)
strengthened section 24 of the OCSLA Amendments of 1978. Subtitle B of
OPA 90, titled ``Penalties,'' increased the amount of the civil penalty
from a maximum of $10,000 to a maximum of $20,000 per violation for
each day of noncompliance. More importantly, in cases where a failure
to comply with applicable regulations constitutes 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; OPA 90 provided the
Secretary of the Interior (Secretary) with the authority to assess a
civil penalty without regard to the requirement of expiration of a
period of time allowed for corrective action.
On August 8, 1997, (62 FR 42668), MMS published new regulations
implementing the civil penalty provisions of the OCSLA. Written in
``plain English,'' the new question-and-answer format provides a better
understanding of the OCS civil penalty process. In addition, the
provisions of OPA 90 require the Secretary to adjust the maximum civil
penalty to reflect any increases in the Consumer Price Index. The new
rule increased the maximum civil penalty to $25,000 per violation, per
day. Please note, subsequent to publishing the new regulations, MMS
made several corrections and amendments, including the appeals
procedures. These were published at 63 FR 42711, 8/11/98; 64 FR 9066,
2/24/99; 62 FR 9065, 2/24/99, and 64 FR 26257, 5/13/99.
On November 28, 2003, (68 FR 61622), MMS published a new regulation
adjusting the civil penalty assessment to comply with the Department of
Labor's Consumer Price Index. The amount is now $30,000 per violation
per day.
Between August 18, 1990, and January 2006, MMS initiated 531 civil
penalty reviews. Operators have paid 418 civil penalties for a total of
$13,780,792 in fines. Seventy eight cases were dismissed; 5 cases were
merged; and 30 cases are under review.
On September 1, 1997, the Associate Director of Offshore Minerals
Management issued a notice informing lessees and operators of Federal
oil, gas, and sulphur leases on the OCS that MMS will annually publish
a summary of OCS civil penalties paid. The annual summary will
highlight the identity of the party, the regulation violated, and the
amount paid. The following table provides a listing of the penalties
paid between January 1, 2005, and December 31, 2005. Please note that
the MMS published a direct final rule ((5/29/98), 63 FR 29477) that
renumbers each section in 30 CFR part 250. A quarterly update of the
list, along with additional information related to the renumbering of
the regulations, is posted on the MMS Worldwide Web Home page, https://
www.mms.gov.
2005 Civil/Criminal Penalties Summary, All Penalties Paid in Calendar 2005 (01/01/2005-12/31/2005)
[The following acronyms are used in this table: PSL (pressure safety low); IP (intermediate pressure); ESD
(emergency shutdown device); SCSSV (surface controlled subsurface safety valve); LSH (level safety high); HP
(high pressure); BOP (blow out preventer); SSV (surface safety valve); PSHL (pressure safety high/low); AFFF
(aqueous film forming foam); PSV (pressure safety valve); LSL (level safety low); INC (incident of non-
compliance); H2S (Hydrogen Sulfide).]
----------------------------------------------------------------------------------------------------------------
Operator name (contractor) and Penalty paid and Regulation(s) violated (30
case No. Violation and date(s) date paid CFR)
----------------------------------------------------------------------------------------------------------------
W & T Offshore, Inc., G-1997-026... A burning operation $40,000
was conducted without 01/18/05
the issuance of a
written authorization
for the work and the
site was not being
monitored with a
portable gas detector.
12/07/96-12/07/96..... ................... 250.52(b)
12/07/96-12/07/96..... ................... 250.52(d)(2)
Seneca Resources Corporation, G- The SSCSV (in a $85,000
1997-030. landing nipple) was 10/12/05
not tested for one
testing period
(tested on 11/3/94
and then on 1/23/96.)
Also, the pipeline
shut down valve from
West Delta 32C to
West Delta 32A was
found defective and
left in service for
17 days.
05/23/96-05/23/96..... ................... 250.124(a)(1)(ii)
05/23/96-05/23/96..... ................... 250.154(b)(2)
[[Page 14946]]
Blue Dolphin Exploration Company, Tubing plugs on 8 $24,000
(Petroleum Offshore Professional wells not inspected 09/22/05
Services), G-2000-059. for leakage within
required timeframe.
Electrical
installations not
maintained in
accordance with API
RP 500 & RP 14F.
Crane inspection of 6/
00 indicated that
emergency shut down
cable and boom angle
indicator needed to
be replaced; crane
not taken out of
service.
04/02/99-10/03/00..... ................... 250.804(a)(1)
10/02/99-10/03/00..... ................... 250.804(a)(1)
10/04/00-10/04/00..... ................... 250.114(c)
06/14/00-10/04/00..... ................... 250.108
Maritech, (Petroleum Offshore Approval was granted $140,000
Professional Services), G-2003-016. to install an SSCSV 12/16/05
in lieu of an SSCSV
in Satellite Well No.
1 with the condition
that at the first
sign of sand
production the well
would be shut-in
immediately and the
approval rescinded.
Numerous occurrences
of produced sand were
not reported to the
district and the well
remained on
production. The SSCSV
was removed from the
well and found to be
damaged. It was
reinstalled in the
well which was not
plugged or attended
overnight.
2/3/03-2/4/03......... ................... 250.804(a)(1)(ii)
11/5/02-2/4/03........ ................... 250.801(h)(3)
Murphy Exploration & Production The PSL for the $14,000
Company--USA, G-2004-011. intermediate pressure 02/01/05
IP Separator was
found in bypass.
04/05/04-04/06/04..... ................... 250.803(c)(1)
Devon Louisiana Corporation, G-2004- The isolation valves $10,000
012. for two ESD Stations 03/15/05
were found in the
bypassed position,
rendering the two ESD
stations inoperable.
04/16/04-04/16/04..... ................... 250.803(c)(1)
Shell Offshore Inc., G-2004-013.... The surface controlled $27,000
SCSSV was found 03/02/05
blocked out service
by the hydraulic
control line closed
at the isolation
valve on the tree.
06/16/04-06/24/04..... ................... 250.803
Forest Oil Corporation, G-2004-014. The LSH on sump tank $10,000
was found bypassed at 06/29/05
the safety system
panel. The blocked
out safety device was
not flagged nor being
monitored by
personnel. Safety
Device bypassed for 1
day.
06/03/04-06/03/04..... ................... 250.803(c)
ExxonMobil Corporation, G-2004-016. A 4[min] x 8[min] $10,000
section of top deck 04/19/05
grating had been
removed in order to
facilitate a wireline
unit removal
operation. The area
was not flagged or
barricaded to warn
personnel of the open
area; and personnel
working in the direct
vicinity of the open
hole were not wearing
fall protection gear.
04/26/04-04/26/04..... ................... 33 CFR 142.42
Anadarko E&P Company LP, (Island The main group device $13,500
Operators Co. Inc.), G-2004-019. selector switches for 04/12/05
both the HP separator
(MBD 1050) and the IP
separator (MBD 1100)
were bypassed. The
end devices were not
flagged, nor were
they being monitored.
05/04/04-05/04/04..... ................... 250.803
05/04/04-05/04/04..... ................... 250.803
Forest Oil Corporation, (Ensco An accident involving $30,000
Offshore Co.), G-2004-020. an injury occurred on 01/21/05
04/19/04 while the
crew was changing the
annular rubber. The
operation was not
performed in a safe
manner, and an
employee lowered
through the rotary
was injured when the
BOP stack shifted.
04/19/04-04/19/04..... ................... 250.107(a)
Energy Partners, Ltd., G-2004-021.. SCSSV for Well F-3 was $9,000
blocked out of 04/12/05
service; not flagged
nor being monitored.
Safety Device blocked
out of service for 9
days.
12/07/03-12/15/03..... ................... 250.803(c)
Forest Oil Corporation, G-2004-022. Required safety $64,000
equipment (smoke and/ 04/22/05
or thermal rate of
rise detectors) for
both the Company
Man's Office/
Bunkhouse and the
Galley were
inoperable.
05/29/04-06/01/04..... ................... 250.803(b)(9)
Apache Corporation, (Island Pipeline Pump PSL $82,000
Operators Co. Inc.), G-2004-024. bypassed and a 03/02/05
failure to report
casing pressure
caused by a hole in
the tubing.
03/09/04-03/09/04..... ................... 250.803
09/23/03-02/13/04..... ................... 250.517(c)
[[Page 14947]]
Kerr-McGee Oil & Gas Corporation, G- The manual relay for $7,500
2004-025. the SSV was pinned 04/18/05
and tie-wrapped out
of service.
07/16/03-07/16/03..... ................... 250.803
Stone Energy Corporation, (Rowan Failure to initiate $20,000
Drilling), G-2004-028. prompt well control 05/25/05
measures to control
the influx of well
formation fluids
which entered the
wellbore.
08/08/04-08/08/04..... ................... 250.107
Century Exploration New Orleans, The AFFF had not been $10,000
Inc., (Island Operators Co., replaced after 04/28/05
Inc.), G-2004-029. failing an analysis
test.
09/28/04-09/28/04..... ................... 33 CFR 146.15
Forest Oil Corporation, (Baker The 150 gal AFFF Fire $20,000
Energy, Inc.), G-2004-030. Boss Unit was not 04/22/05
being maintained in
an operable condition
since the
effectiveness of the
foam was not being
monitored.
10/13/04-10/13/04..... ................... 250.803(b)(8)
Bois d'Arc Offshore Ltd., (Eagle The Platform was $20,000
Consultants), G-2004-031. producing without an 05/24/05
operable firewater
system for 2 days.
07/20/04-07/21/04..... ................... 250.803(b)(8)
Newfield Exploration Company, G- The PSVs on Compressor $40,000
2004-032. Nos. 1 & 2 were 07/22/05
isolated, rendering
them inoperable; and
there were no fusible
loop material (TSE)
over the engine for
Compressor No. 1.
08/18/04-08/21/04..... ................... 250.803(c)
08/18/04-08/21/04..... ................... 250.802(b)
08/21/04-08/21/04..... ................... 250.803(c)
Apache Corporation, G-2005-004..... Open holes in cellar $15,000
deck and +10 levels 07/01/05
without appropriate
barricade to prevent
personnel from
falling into the
holes.
11/09/04-11/09/04..... ................... 33 CFR 142.87
Pogo Producing Company, G-2005-005. Bypassed LSL on the $10,000
test separator with 09/27/05
the upper and lower
isolation valves in
the closed position.
08/05/04-08/05/04..... ................... 250.803
Newfield Exploration Company, Personnel were $10,000
(Rowan Drilling), G-2005-006. observed working 07/22/05
without fall
protection gear while
engaged in an
activity where there
was a hazard of
falling 10 or more
feet.
11/23/04-11/23/04..... ................... 250.107
Apache Corporation, (Dolphin An employee fell 45 $25,000
Service Inc.), G-2005-009. feet into the Gulf 07/01/05
when he stepped
through the open hole
created by the
removal of wooden
boards which had been
placed over the open
hole to protect it.
12/20/04-12/20/04..... ................... 250.107(a)
The Houston Exploration Company, The Gas Detector Head $10,000
(Grasso Production Management), G- (ASH-10) for gas 11/28/05
2005-010. compressor 802 was
found inoperable due
to the sensor being
disconnected from the
main circuit board
panel. The blocked
out safety device was
not flagged nor being
monitored by
personnel. Safety
Device bypassed for 1
day.
01/03/05-01/03/05..... ................... 250.803(c)
Bois d'Arc Offshore Ltd., (Eagle The Burner Safety Low $10,000
Consultants), G-2005-011. for the fuel to the 09/15/05
Glycol Reboiler, EAW-
921, and the
Temperature safety
High for the media
and the stack were in
by-pass. The blocked
out safety devices
were not flagged nor
being monitored by
personnel. Safety
Devices bypassed for
1 day.
03/02/05-03/02/05..... ................... 250.803(c)
----------------------------------------------------------------------------------------------------------------
Total Penalties Paid: 01/01/2005-12/31/2005
26 Cases: ($756,000)
----------------------------------------------------------------------------------------------------------------
The purpose of publishing the penalties summary is to provide information to the public on violations of special
concern in OCS operations and to provide an additional incentive for safe and environmentally sound
operations.
[[Page 14948]]
Dated: February 24, 2006.
Thomas A. Readinger,
Associate Director for Offshore Minerals Management.
[FR Doc. E6-4303 Filed 3-23-06; 8:45 am]
BILLING CODE 4310-MR-P
