Outer Continental Shelf Civil Penalties, 17378-17382 [E8-6687]
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17378
Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Notices
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Outer Continental Shelf Civil Penalties
Minerals Management Service
(MMS), Interior.
ACTION: Notice summarizing Outer
Continental Shelf Civil Penalties paid
from January 1, 2007, through December
31, 2007.
AGENCY:
SUMMARY: This notice provides a listing
of civil penalties paid from January 1,
2007, through December 31, 2007, for
violations of the Outer Continental Shelf
Lands Act. The goal of the MMS Outer
Continental Shelf Civil Penalties
Program is to assure safe and clean
operations on the Outer Continental
Shelf. 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
applicable statutes and regulations. The
purpose of publishing the penalties
summary is to provide information to
the public on violations of special
concern in Outer Continental Shelf
operations and to provide an additional
incentive for safe and environmentally
sound operations.
Joanne McCammon, Program
Coordinator, at 703–787–1292.
SUPPLEMENTARY INFORMATION: The Oil
Pollution Act of 1990 (OPA 90)
strengthened section 24 of the Outer
Continental Shelf Lands Act (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.
The provisions of OPA 90 also require
the Secretary to adjust the maximum
civil penalty to reflect any increases in
the Consumer Price Index (CPI). Every
3 years, MMS analyzes the civil penalty
maximum amount in conjunction with
the CPI prepared by the U.S.
Department of Labor. If an adjustment is
necessary, MMS informs the public
through the Federal Register of the new
maximum amount. The MMS has
published regulations adjusting the civil
penalty assessment to $25,000 in August
8, 1997 (62 FR 42668), to $30,000 in
November 28, 2003 (68 FR 61622), and
to $35,000 in February 28, 2007 (72 FR
8897).
Between August 18, 1990, and
January 2008, MMS initiated 623 civil
penalty reviews. Operators have paid
498 civil penalties for a total of
$18,591,792 in fines.
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 violation and date, the
amount and date paid, and the
regulation violated. The following table
provides a listing of the 36 penalties
paid between January 1, 2007, and
December 31, 2007. The total amount
collected is $3,106,000. The list is
posted on the MMS’s Web page at
https://www.mms.gov/civilpenalties/.
2007 CIVIL/CRIMINAL PENALTIES SUMMARY—ALL PENALTIES PAID IN CALENDAR YEAR 2007
[1/1/2007–12/31/2007]
Operator name
and case No.
Petro Ventures, Inc., G–
2002–042.
BP Exploration & Production
Inc., (Diamond Offshore
Drilling, Inc.), G–2004–
003.
The Houston Exploration
Company, G–2006–016.
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Maritech Resources Inc., G–
2006–021.
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Violation and date(s)
Penalty paid and date paid
Regulation(s) violated
(30 CFR)
The boat landing Emergency Shut-down (ESD) station
by-passed, and the ESD station at the top of the
stairs leading to the boat landing was also bypassed—both by a manual isolation valve.
03–JUL–2002—12–JUL–2002
03–JUL–2002—12–JUL–2002
Operator failed to verify employees were trained to
competently perform the assigned well control duties. Additionally, they failed to have a remote-controlled station that could operate the valves in the
flow and vent lines of the diverter. These violations
contributed to a loss of well control event on November 14, 2002. There was no pollution or injuries.
04–NOV–2002—14–NOV–2002
13–NOV–2002—13–NOV–2002
Two ESD stations at the boat landing were taken outof-service and the two primary means of escape
were unsafe.
18–NOV–2005—18–JAN–2006
28–OCT–2005—18–JAN–2006
A major component of the approved dry chemical firefighting system was inoperable. Four 350–pound
wheel unit fire extinguishers were not ready-for-use
since the nitrogen cylinders were not connected.
10–MAR–2005—10–MAR–2005
$60,000, 3/14/2007 ...........
§ 250.803(c), § 250.803(c).
$41,000, 10/25/2007 .........
§ 250.1503(a),
§ 250.409(c).
$317,500, 2/27/2007 .........
§ 250.803(b)(4), § 250.107.
$30,000, 3/22/2007 ...........
§ 250.803(b)(8).
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Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Notices
2007 CIVIL/CRIMINAL PENALTIES SUMMARY—ALL PENALTIES PAID IN CALENDAR YEAR 2007—Continued
[1/1/2007–12/31/2007]
Operator name
and case No.
Violation and date(s)
Penalty paid and date paid
Regulation(s) violated
(30 CFR)
Maritech Resources Inc., G–
2006–024.
The platform was producing without operable ESD
stations on the east & west boat landings, and once
the ESD stations were repaired, the block valves
were left in the closed position. Additionally, surface-controlled subsurface safety valves (SCSSV’s)
for Wells B–1, B–4, B–10, B–20, B–22, and B–24
were blocked out-of-service since the manual override valve was closed at the main panel.
01–OCT–2005—14–NOV–2005
06–NOV–2005—15–NOV–2005
A rig floor hand was injured while using a spinner
wrench.
06–APR–2006—06–APR–2006
Pressure vessel had a hole where an inappropriate
patch was used to repair it.
19–DEC–2005–31—JAN–2006
Employee injured when he fell 11 feet while working
on an electrical tray 11 feet above the deck.
01–JUN–2006—01–JUN–2006
The isolation valve was closed on the fuel gas supply
line for the sump pump, placing the sump pump in
an out-of-service mode. The condition of the sump
tank was not being monitored by platform personnel.
01–APR–2006—03–APR–2006
The Level Safety High (LSH) on the bulk oil separator
MBD 1000 was found in the closed position rendering it inoperable (by-passed).
Welding operations within 35 feet horizontally of
equipment containing hydrocarbons from the point
of impact of slag, sparks, or burning material at
lower elevations and was not otherwise protected.
21–JUL–2005—21–JUL–2005
21–JUL–2005—21–JUL–2005
An open hole was found on the plus 10′ deck leading
to the boat landing and there was no barricade to
prevent personnel from entering the unsafe area.
03–MAY–2006—03–MAY–2006
Repairs were conducted on the damaged crane boom
not in accordance with API RP 2D, Section 4.3.3(e)
and the crane was placed back in-service without
conducting a load test.
09–AUG–2006—09–AUG–2006
Records verified there was not a low or high pressure
test conducted on the following Blow Out Preventor
(BOP) related equipment: HCR choke valve, manual
choke valve, HCR kill valve, manual kill valve, kill
line check valve, Inside BOP valve and choke manifold. These violations were for 2 BOP test periods,
7/19/2006 and 7/26/2006. A mud-pit-level indicator
with both visual and audible warning devices had
not been installed. There was not a BOP station installed in the work basket of the snubbing unit. The
secondary power source (air supply) was isolated
with a closed manual block valve located on the
inlet piping to the accumulator.
02–AUG–2006—02–AUG–2006
19–JUL–2006—02–AUG–2006
21–JUL–2006—02–AUG–2006
21–JUL–2006—02–AUG–2006
26–JUL–2006—02–AUG–2006
$162,500, 5/10/2007 .........
§ 250.803(c), § 250.803(c).
$30,000, 4/23/2007 ...........
§ 250.107.
$220,000, 4/25/2007 .........
§ 250.107.
$30,000, 8/8/2007 .............
§ 250.107.
$15,000, 2/14/2007 ...........
§ 250.300(b)(4).
$35,000, 1/25/2007 ...........
§ 250.803, § 205.113.
$10,000, 4/26/2007 ...........
§ 250.107(a).
$10,000, 3/14/2007 ...........
§ 250.108.
$446,000, 8/3/2007 ...........
§ 250.615(c), § 250.616(a),
§ 250.614(c),
§ 250.615(c),
§ 250.616(a).
Energy Partners, Ltd., G–
2006–025.
Merit Energy Company (Island Operators Co., Inc.),
G–2006–027.
Mariner Energy, Inc., G–
2006–028.
Pogo Producing Company
(Wood Group Production
Services), G–2006–030.
Noble Energy, Inc., G–
2006–031.
Nexen Petroleum U.S.A.
Inc., G–2006–033.
Merit Energy Company, G–
2006–035.
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Apache Corporation, G–
2006–036.
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Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Notices
2007 CIVIL/CRIMINAL PENALTIES SUMMARY—ALL PENALTIES PAID IN CALENDAR YEAR 2007—Continued
[1/1/2007–12/31/2007]
Operator name
and case No.
NCX Company, L.L.C., G–
2006–037.
Forest Oil Corporation, G–
2006–038.
SPN Resources, G–2006–
040.
Chevron U.S.A. Inc., G–
2006–041.
Freeport-McMoRan Energy
LLC, G–2007–001.
Stone Energy Corporation,
G–2007–002.
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Remington Oil and Gas Corporation, G–2007–004.
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Regulation(s) violated
(30 CFR)
Violation and date(s)
Penalty paid and date paid
Records verify that the Flow Safety Valves (FSV) for
Wells B3 and B9 were not tested during the months
of April, May, June, and July of 2006, and the FSV
for Well B13 was not tested during the months of
March and April of 2006. The Surface Safety Valves
(SSV) for Wells B3 and B9 were not tested during
the months of April, May, June, and July of 2006,
and the SSV for Well B13 was not tested during the
months of March and April of 2006. The Pressure
Safety High and Low (PSHL) for Wells B3 and B9
were not tested during the months of May, June,
and July of 2006. The LSH for the new sump pump
(ABJ–B801) was not tested since the installation
during the months of June and July of 2006.
01–APR–2006—01–MAY–2006, 01–APR–2006—01–
MAY–2006, 01–JUL–2006—01–AUG–2006, 01–
JUL–2006—01–AUG–2006,
01–JUL–2006—01–
AUG–2006, 01–JUN–2006—01–JUL–2006, 01–
JUN–2006—01–JUL–2006,
01–JUN–2006—01–
JUL–2006, 01–MAR–2006—01–APR–2006, 01–
MAR–2006—01–APR–2006, 01–MAY–2006—01–
JUN–2006, 01–MAY–2006—01–JUN–2006, 01–
MAY–2006—01–JUN–2006
On WD 34 #3 caisson, an open hole was found on the
plus 10′ deck leading to the boat landing with no
barricade to prevent personnel from entering the unsafe area. On WD 34 #1 caisson, there were 2
open holes found: one open hole at the boat landing
with no barricade and one opening in the deck on
the top deck below the heliport, which was not covered, guarded, or otherwise made inaccessible.
18–MAY–2006—18–MAY–2006
Well A–16 Flowline PSHL were bypassed while not
being flagged or monitored. Also, the isolation valve
directly upstream of the PSV on the compressor first
stage suction scrubber was closed thus rendering
the PSV inoperable.
14–MAY–2006—15–MAY–2006
The LSH on Run Tank, MAJ 1027, was bypassed
while changing a leaking site glass. There was no
way to monitor the level inside the vessel which was
a contributing factor to the 2 bbl oil spill on August
1, 2006.
01–AUG–2006—01–AUG–2006
While changing the orifice plate on the test separator
meter run, the lead operator was overcome by H2S
gas. The bottom gate of the orifice fitting did not
seal completely, allowing gas to leak into the atmosphere; and proper H2S safety measures had not
been taken.
22–SEP–2006—22–SEP–2006
22–SEP–2006—22–SEP–2006
The SCSSV for a well was found open and the manual block valve on the control line located at the well
was closed rendering the SCSSV inoperable (bypassed), the valve would not close as designed with
the loss of hydraulic pressure.
19–AUG–2006—19–AUG–2006
The mechanical ventilation safety system protecting
the Mud Engineer’s portable building was found
manually by-passed.
26–SEP–2006—26–SEP–2006
$170,000, 6/27/2007 .........
§ 250.804(a)(5),
§ 250.804(a)(6),
§ 250.804(a)(3),
§ 250.804(a)(5),
§ 250.804(a)(6),
§ 250.804(a)(3),
§ 250.804(a)(5),
§ 250.804(a)(6),
§ 250.804(a)(5),
§ 250.804(a)(6),
§ 250.804(a)(3),
§ 250.804(a)(5),
§ 250.804(a)(6).
$30,000, 7/23/2007 ...........
§ 250.107.
$20,000, 6/15/2007 ...........
§ 250.803(c).
$15,000, 4/10/2007 ...........
§ 250.803(c).
$50,000, 9/10/2007 ...........
§ 250.107, § 250.490(f)(1–
13).
$10,000, 4/26/2007 ...........
§ 250.803.
$17,500, 8/7/2007 .............
§ 250.459(d).
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Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Notices
2007 CIVIL/CRIMINAL PENALTIES SUMMARY—ALL PENALTIES PAID IN CALENDAR YEAR 2007—Continued
[1/1/2007–12/31/2007]
Operator name
and case No.
Violation and date(s)
Penalty paid and date paid
Regulation(s) violated
(30 CFR)
TDC Energy LLC .................
G–2007–005
A pollution event occurred with approximately 28 gallons spilled into Gulf waters; the skimmer tank skid,
sump tank skid, and condensate pump containment
skid were all full of oil; and the sump pump was inoperable.
13–SEP–2006—14–SEP–2006
14–SEP–2006—14–SEP–2006
14–SEP–2006—14–SEP–2006
Four violations in this case: Oil and Grease on Stairway (primary means of escape); Boat landing
blocked off; Gas detection alarm system disabled;
and access to two 350# wheeled fire extinguishers
were blocked off.
13–SEP–2006—13–SEP–2006
13–SEP–2006—13–SEP–2006
13–SEP–2006—13–SEP–2006
13–SEP–2006—13–SEP–2006
During an inspection on May 18, 2006, the LSH on
the vent scrubber was found by-passed, as well as
the gas lift line to the sump pile was disconnected
rendering the sump pile inoperable. During this initial inspection, there were 2 violations written–up for
oil accumulations, one being in the compressor skid
and the second around the deck of the crane. During a follow-up inspection on June 9, 2006, a closed
block valve was found on the supply line to the gas
lift for the sump pile rendering the sump pile inoperable. On a third follow-up inspection on June 13,
2006, the entire gas detector relay panel was found
in by-pass, there were also 2 violations documented
for oil accumulations, both in the same areas as
documented on the May 18th inspection (compressor skid and deck area around the crane).
09–JUN–2006—09–JUN–2006
13–JUN–2006—13–JUN–2006
18–MAY–2006—18–MAY–2006
18–MAY–2006—18–MAY–2006
The MMS inspector found an open hole around the
BOP riser on the top deck, as well as an open hole
around the BOP riser in the well bay area that was
not properly barricaded to prevent a person’s foot or
body from inadvertently falling through the hole.
14–NOV–2006—18–NOV–2006
The departing sales gas pipeline shut down valve
spool connector between the ball valve and the mechanical robot device, used to open and close the
valve, was cracked and allowing gas to escape into
the atmosphere.
08–JAN–2007—13–JAN–2007
The upper and lower isolation valves on the LSH on
the Vent Scrubber were found in the closed position, by-passed.
26–FEB–2007—26–FEB–2007
Stairs and handrail on the cantilever pipe rack deck
had been removed in order to install the diverter
housing under the decking. With the stairs removed,
there was no other access to the pipe rack deck. Instead of replacing the stairs, the employees were
observed climbing over railing and stretching from
the top of the shaker house to the pipe deck. They
were not wearing fall protection (estimated fall of 25′
to the deck below). Additionally, the two areas
where the handrail and stairs had been removed
were not barricaded or properly guarded.
11–JAN–2007—11–JAN–2007
The fuel gas scrubber PSV was found blocked off and
not flagged or monitored by personnel.
08–MAR–2007—15–MAR–2007
$72,000, 7/10/2007 ...........
§ 250.300(a), § 250.300(b),
§ 250.300(b).
$65,000, 7/11/2007 ...........
§ 250.107, § 250.107,
§ 250.107, § 250.803.
$80,000, 10/5/2007 ...........
§ 250.300(b)(4),
§ 250.803(c)(1),
§ 250.803(c)(1),
§ 250.300(b)(4).
$80,000, 6/26/2007 ...........
§ 250.107.
$120,000, 6/7/2007 ...........
§ 250.107.
$10,000, 10/23/2007 .........
§ 250.803(c).
$40,000, 8/3/2007 .............
§ 250.401(e).
$80,000, 7/17/2007 ...........
§ 250.803(c).
Linder Oil Company, A Partnership, G–2007–006.
Forest Oil Corporation, G–
2007–007.
Forest Oil Corporation, G–
2007–008.
Pogo Producing Company,
G–2007–010.
Nippon Oil Exploration
U.S.A. Limited, G–2007–
013.
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GOM Shelf LLC (Rowan
Drilling), G–2007–014.
Energy Partners, Ltd, G–
2007–015.
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Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Notices
2007 CIVIL/CRIMINAL PENALTIES SUMMARY—ALL PENALTIES PAID IN CALENDAR YEAR 2007—Continued
[1/1/2007–12/31/2007]
Operator name
and case No.
Violation and date(s)
Regulation(s) violated
(30 CFR)
Penalty paid and date paid
Devon Energy Production
Company, L.P., G–2007–
017.
PetroQuest Energy LLC, G–
2007–018.
An employee’s unsafe and un-workmanlike action resulted in him falling 15′ to the deck below.
16–MAR–2007—16–MAR–2007
The SCSSV had been rendered inoperable since the
isolation valve located at the wellhead was closed.
15–MAR–2007—25–MAR–2007
Apache Corporation, G–
There was a failure to maintain an operable drill floor
2007–019.
Emergency Shut-Down station with simultaneous
well production.
16–APR–2007—16–APR–2007
Petrobras America Inc., G–
During completion operations on the Transocean Off2007–020.
shore F100 drilling rig, two contract workers were
seriously injured when a lifting sub that was being
used to lift production tubing backed out of its connection and fell 65′ to the rig floor striking the 2
workers.
19–FEB–2007—19–FEB–2007
Dominion Exploration & Pro- After being denied a departure request to produce the
duction, Inc., G–2007–024.
H2 well with casing pressure, Dominion pulled the
DX plug and produced the well for 279 days.
15–JUN–2006—20–MAR–2007
W&T Offshore, Inc., G–
The MMS Inspector found the starter gas for the fire
2007–026.
water pump was blocked closed rendering the pump
inoperable.
13–MAY–2007—13–MAY–2007
Apache Corporation, G–
The MMS Inspector discovered that an additional sec2007–028.
tion of metal plating had been removed from the
ladder access opening for the mud pit tank. The removed section extended the opening beyond the
three barricaded sides of the ladder access, creating a hazard for personnel.
13–APR –2007 –13–APR–2007
Devon Energy Production
The LSH on the 1st stage suction scrubber; and the
Co., L.P., G–2007–032.
LSH on the 3rd stage suction scrubber were both
found in by-pass.
22–JUN–2007—22–JUN–2007
22–JUN–2007—22–JUN–2007
$20,000, 12/11/2007 .........
§ 250.107.
$10,000, 9/5/2007 .............
§ 250.803(c).
$20,000, 9/26/2007 ...........
§ 250.406.
$30,000, 11/6/2007 ...........
§ 250.107(a).
$697,500, 12/13/2007 .......
§ 250.107(a).
$35,000, 12/19/2007 .........
§ 250.803(b)(8).
$12,000, 11/15/2007 .........
CFR 250.107.
$15,000, 12/19/2007 .........
§ 250.803(c), § 250.803(c).
Total Penalties Paid: 1/1/07–12/31/07
36 Cases: $3,106,000
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.
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.
Dated: February 26, 2008.
Chris Oynes,
Associate Director for Offshore Minerals
Management.
[FR Doc. E8–6687 Filed 3–31–08; 8:45 am]
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BILLING CODE 4310–MR–P
OFFICE OF NATIONAL DRUG
CONTROL POLICY
Paperwork Reduction Act; 30-Day
Notice
AGENCY:
Office of National Drug Control
Policy.
VerDate Aug<31>2005
16:40 Mar 31, 2008
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The Office of National Drug Control
Policy (ONDCP) proposes the collection
of information concerning student drug
testing. There was one request for the
survey instrument from the New York
State Office of Alcoholism and
Substance Abuse Services, Bureau of
Grants Management and Federal Affairs.
ONDCP invites interested persons to
submit comments to the Office of
Management and Budget (OMB)
regarding any aspect of this proposed
effort.
Type of Collection: Survey of State
Educational Directors.
Title of Information Collection:
Federal Safe and Drug Free Schools
State formula grant (Title IV) resources
supporting Student Drug Testing
Programs in the Nation’s schools.
Frequency: Annually by fiscal year.
Affected Public: Instrumentalities of
state, local, and tribal educational
entities.
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Estimated Burden: Minimal since
State Education Agencies have preestablished reporting relationships with
Local Education Agencies (LEAs). LEAs
receiving funds under Title IV must
report on the services and activities
supported by these funds.
Send comments to John Kraemer,
OMB Desk Officer for ONDCP, New
Executive Office Building, Room 10235,
Washington, DC 20503. Comments must
be received within 30 days. Additional
information may be requested by
facsimile transmission to (202) 395–
5276, attention: Meredith DeFraites or
by e-mail to
Meredith_L._DeFraites@ondcp.eop.gov.
Signed in Washington, DC, on March 23,
2008.
Daniel R. Petersen,
Assistant General Counsel.
[FR Doc. E8–6604 Filed 3–31–08; 8:45 am]
BILLING CODE 3180–02–P
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]]>Agencies
[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Notices]
[Pages 17378-17382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6687]
[[Page 17378]]
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DEPARTMENT OF THE INTERIOR
Minerals Management Service
Outer Continental Shelf Civil Penalties
AGENCY: Minerals Management Service (MMS), Interior.
ACTION: Notice summarizing Outer Continental Shelf Civil Penalties paid
from January 1, 2007, through December 31, 2007.
-----------------------------------------------------------------------
SUMMARY: This notice provides a listing of civil penalties paid from
January 1, 2007, through December 31, 2007, for violations of the Outer
Continental Shelf Lands Act. The goal of the MMS Outer Continental
Shelf Civil Penalties Program is to assure safe and clean operations on
the Outer Continental Shelf. 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 applicable statutes and regulations. The purpose of publishing the
penalties summary is to provide information to the public on violations
of special concern in Outer Continental Shelf operations and to provide
an additional incentive for safe and environmentally sound operations.
FOR FURTHER INFORMATION CONTACT: Joanne McCammon, Program Coordinator,
at 703-787-1292.
SUPPLEMENTARY INFORMATION: The Oil Pollution Act of 1990 (OPA 90)
strengthened section 24 of the Outer Continental Shelf Lands Act
(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.
The provisions of OPA 90 also require the Secretary to adjust the
maximum civil penalty to reflect any increases in the Consumer Price
Index (CPI). Every 3 years, MMS analyzes the civil penalty maximum
amount in conjunction with the CPI prepared by the U.S. Department of
Labor. If an adjustment is necessary, MMS informs the public through
the Federal Register of the new maximum amount. The MMS has published
regulations adjusting the civil penalty assessment to $25,000 in August
8, 1997 (62 FR 42668), to $30,000 in November 28, 2003 (68 FR 61622),
and to $35,000 in February 28, 2007 (72 FR 8897).
Between August 18, 1990, and January 2008, MMS initiated 623 civil
penalty reviews. Operators have paid 498 civil penalties for a total of
$18,591,792 in fines.
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 violation and date, the amount
and date paid, and the regulation violated. The following table
provides a listing of the 36 penalties paid between January 1, 2007,
and December 31, 2007. The total amount collected is $3,106,000. The
list is posted on the MMS's Web page at https://www.mms.gov/
civilpenalties/.
2007 Civil/Criminal Penalties Summary--All Penalties Paid in Calendar Year 2007
[1/1/2007-12/31/2007]
----------------------------------------------------------------------------------------------------------------
Penalty paid and date Regulation(s) violated
Operator name and case No. Violation and date(s) paid (30 CFR)
----------------------------------------------------------------------------------------------------------------
Petro Ventures, Inc., G-2002-042... The boat landing Emergency $60,000, 3/14/2007.... Sec. 250.803(c),
Shut-down (ESD) station by- Sec. 250.803(c).
passed, and the ESD
station at the top of the
stairs leading to the boat
landing was also by-
passed--both by a manual
isolation valve.
03-JUL-2002--12-JUL-2002...
03-JUL-2002--12-JUL-2002...
BP Exploration & Production Inc., Operator failed to verify $41,000, 10/25/2007... Sec. 250.1503(a),
(Diamond Offshore Drilling, Inc.), employees were trained to Sec. 250.409(c).
G-2004-003. competently perform the
assigned well control
duties. Additionally, they
failed to have a remote-
controlled station that
could operate the valves
in the flow and vent lines
of the diverter. These
violations contributed to
a loss of well control
event on November 14,
2002. There was no
pollution or injuries.
04-NOV-2002--14-NOV-2002...
13-NOV-2002--13-NOV-2002...
The Houston Exploration Company, G- Two ESD stations at the $317,500, 2/27/2007... Sec. 250.803(b)(4),
2006-016. boat landing were taken Sec. 250.107.
out-of-service and the two
primary means of escape
were unsafe.
18-NOV-2005--18-JAN-2006...
28-OCT-2005--18-JAN-2006...
Maritech Resources Inc., G-2006-021 A major component of the $30,000, 3/22/2007.... Sec. 250.803(b)(8).
approved dry chemical
firefighting system was
inoperable. Four 350-pound
wheel unit fire
extinguishers were not
ready-for-use since the
nitrogen cylinders were
not connected.
10-MAR-2005--10-MAR-2005...
[[Page 17379]]
Maritech Resources Inc., G-2006-024 The platform was producing $162,500, 5/10/2007... Sec. 250.803(c),
without operable ESD Sec. 250.803(c).
stations on the east &
west boat landings, and
once the ESD stations were
repaired, the block valves
were left in the closed
position. Additionally,
surface-controlled
subsurface safety valves
(SCSSV's) for Wells B-1, B-
4, B-10, B-20, B-22, and B-
24 were blocked out-of-
service since the manual
override valve was closed
at the main panel.
01-OCT-2005--14-NOV-2005...
06-NOV-2005--15-NOV-2005...
Energy Partners, Ltd., G-2006-025.. A rig floor hand was $30,000, 4/23/2007.... Sec. 250.107.
injured while using a
spinner wrench.
06-APR-2006--06-APR-2006...
Merit Energy Company (Island Pressure vessel had a hole $220,000, 4/25/2007... Sec. 250.107.
Operators Co., Inc.), G-2006-027. where an inappropriate
patch was used to repair
it.
19-DEC-2005-31--JAN-2006...
Mariner Energy, Inc., G-2006-028... Employee injured when he $30,000, 8/8/2007..... Sec. 250.107.
fell 11 feet while working
on an electrical tray 11
feet above the deck.
01-JUN-2006--01-JUN-2006...
Pogo Producing Company (Wood Group The isolation valve was $15,000, 2/14/2007.... Sec. 250.300(b)(4).
Production Services), G-2006-030. closed on the fuel gas
supply line for the sump
pump, placing the sump
pump in an out-of-service
mode. The condition of the
sump tank was not being
monitored by platform
personnel.
01-APR-2006--03-APR-2006...
Noble Energy, Inc., G-2006-031..... The Level Safety High (LSH) $35,000, 1/25/2007.... Sec. 250.803, Sec.
on the bulk oil separator 205.113.
MBD 1000 was found in the
closed position rendering
it inoperable (by-passed).
Welding operations within
35 feet horizontally of
equipment containing
hydrocarbons from the
point of impact of slag,
sparks, or burning
material at lower
elevations and was not
otherwise protected..
21-JUL-2005--21-JUL-2005...
21-JUL-2005--21-JUL-2005...
Nexen Petroleum U.S.A. Inc., G-2006- An open hole was found on $10,000, 4/26/2007.... Sec. 250.107(a).
033. the plus 10' deck leading
to the boat landing and
there was no barricade to
prevent personnel from
entering the unsafe area.
03-MAY-2006--03-MAY-2006...
Merit Energy Company, G-2006-035... Repairs were conducted on $10,000, 3/14/2007.... Sec. 250.108.
the damaged crane boom not
in accordance with API RP
2D, Section 4.3.3(e) and
the crane was placed back
in-service without
conducting a load test.
09-AUG-2006--09-AUG-2006...
Apache Corporation, G-2006-036..... Records verified there was $446,000, 8/3/2007.... Sec. 250.615(c),
not a low or high pressure Sec. 250.616(a),
test conducted on the Sec. 250.614(c),
following Blow Out Sec. 250.615(c),
Preventor (BOP) related Sec. 250.616(a).
equipment: HCR choke
valve, manual choke valve,
HCR kill valve, manual
kill valve, kill line
check valve, Inside BOP
valve and choke manifold.
These violations were for
2 BOP test periods, 7/19/
2006 and 7/26/2006. A mud-
pit-level indicator with
both visual and audible
warning devices had not
been installed. There was
not a BOP station
installed in the work
basket of the snubbing
unit. The secondary power
source (air supply) was
isolated with a closed
manual block valve located
on the inlet piping to the
accumulator.
02-AUG-2006--02-AUG-2006...
19-JUL-2006--02-AUG-2006...
21-JUL-2006--02-AUG-2006...
21-JUL-2006--02-AUG-2006...
26-JUL-2006--02-AUG-2006...
[[Page 17380]]
NCX Company, L.L.C., G-2006-037.... Records verify that the $170,000, 6/27/2007... Sec. 250.804(a)(5),
Flow Safety Valves (FSV) Sec. 250.804(a)(6),
for Wells B3 and B9 were Sec. 250.804(a)(3),
not tested during the Sec. 250.804(a)(5),
months of April, May, Sec. 250.804(a)(6),
June, and July of 2006, Sec. 250.804(a)(3),
and the FSV for Well B13 Sec. 250.804(a)(5),
was not tested during the Sec. 250.804(a)(6),
months of March and April Sec. 250.804(a)(5),
of 2006. The Surface Sec. 250.804(a)(6),
Safety Valves (SSV) for Sec. 250.804(a)(3),
Wells B3 and B9 were not Sec. 250.804(a)(5),
tested during the months Sec. 250.804(a)(6).
of April, May, June, and
July of 2006, and the SSV
for Well B13 was not
tested during the months
of March and April of
2006. The Pressure Safety
High and Low (PSHL) for
Wells B3 and B9 were not
tested during the months
of May, June, and July of
2006. The LSH for the new
sump pump (ABJ-B801) was
not tested since the
installation during the
months of June and July of
2006.
01-APR-2006--01-MAY-2006,
01-APR-2006--01-MAY-2006,
01-JUL-2006--01-AUG-2006,
01-JUL-2006--01-AUG-2006,
01-JUL-2006--01-AUG-2006,
01-JUN-2006--01-JUL-2006,
01-JUN-2006--01-JUL-2006,
01-JUN-2006--01-JUL-2006,
01-MAR-2006--01-APR-2006,
01-MAR-2006--01-APR-2006,
01-MAY-2006--01-JUN-2006,
01-MAY-2006--01-JUN-2006,
01-MAY-2006--01-JUN-2006.
Forest Oil Corporation, G-2006-038. On WD 34 3 $30,000, 7/23/2007.... Sec. 250.107.
caisson, an open hole was
found on the plus 10' deck
leading to the boat
landing with no barricade
to prevent personnel from
entering the unsafe area.
On WD 34 1
caisson, there were 2 open
holes found: one open hole
at the boat landing with
no barricade and one
opening in the deck on the
top deck below the
heliport, which was not
covered, guarded, or
otherwise made
inaccessible.
18-MAY-2006--18-MAY-2006...
SPN Resources, G-2006-040.......... Well A-16 Flowline PSHL $20,000, 6/15/2007.... Sec. 250.803(c).
were bypassed while not
being flagged or
monitored. Also, the
isolation valve directly
upstream of the PSV on the
compressor first stage
suction scrubber was
closed thus rendering the
PSV inoperable.
14-MAY-2006--15-MAY-2006...
Chevron U.S.A. Inc., G-2006-041.... The LSH on Run Tank, MAJ $15,000, 4/10/2007.... Sec. 250.803(c).
1027, was bypassed while
changing a leaking site
glass. There was no way to
monitor the level inside
the vessel which was a
contributing factor to the
2 bbl oil spill on August
1, 2006.
01-AUG-2006--01-AUG-2006...
Freeport-McMoRan Energy LLC, G-2007- While changing the orifice $50,000, 9/10/2007.... Sec. 250.107, Sec.
001. plate on the test 250.490(f)(1-13).
separator meter run, the
lead operator was overcome
by H2S gas. The bottom
gate of the orifice
fitting did not seal
completely, allowing gas
to leak into the
atmosphere; and proper H2S
safety measures had not
been taken.
22-SEP-2006--22-SEP-2006...
22-SEP-2006--22-SEP-2006...
Stone Energy Corporation, G-2007- The SCSSV for a well was $10,000, 4/26/2007.... Sec. 250.803.
002. found open and the manual
block valve on the control
line located at the well
was closed rendering the
SCSSV inoperable (by-
passed), the valve would
not close as designed with
the loss of hydraulic
pressure.
19-AUG-2006--19-AUG-2006...
Remington Oil and Gas Corporation, The mechanical ventilation $17,500, 8/7/2007..... Sec. 250.459(d).
G-2007-004. safety system protecting
the Mud Engineer's
portable building was
found manually by-passed.
26-SEP-2006--26-SEP-2006...
[[Page 17381]]
TDC Energy LLC..................... A pollution event occurred $72,000, 7/10/2007.... Sec. 250.300(a),
G-2007-005......................... with approximately 28 Sec. 250.300(b),
gallons spilled into Gulf Sec. 250.300(b).
waters; the skimmer tank
skid, sump tank skid, and
condensate pump
containment skid were all
full of oil; and the sump
pump was inoperable.
13-SEP-2006--14-SEP-2006...
14-SEP-2006--14-SEP-2006...
14-SEP-2006--14-SEP-2006...
Linder Oil Company, A Partnership, Four violations in this $65,000, 7/11/2007.... Sec. 250.107, Sec.
G-2007-006. case: Oil and Grease on 250.107, Sec.
Stairway (primary means of 250.107, Sec.
escape); Boat landing 250.803.
blocked off; Gas detection
alarm system disabled; and
access to two 350
wheeled fire extinguishers
were blocked off.
13-SEP-2006--13-SEP-2006...
13-SEP-2006--13-SEP-2006...
13-SEP-2006--13-SEP-2006...
13-SEP-2006--13-SEP-2006...
Forest Oil Corporation, G-2007-007. During an inspection on May $80,000, 10/5/2007.... Sec. 250.300(b)(4),
18, 2006, the LSH on the Sec. 250.803(c)(1),
vent scrubber was found by- Sec. 250.803(c)(1),
passed, as well as the gas Sec. 250.300(b)(4).
lift line to the sump pile
was disconnected rendering
the sump pile inoperable.
During this initial
inspection, there were 2
violations written-up for
oil accumulations, one
being in the compressor
skid and the second around
the deck of the crane.
During a follow-up
inspection on June 9,
2006, a closed block valve
was found on the supply
line to the gas lift for
the sump pile rendering
the sump pile inoperable.
On a third follow-up
inspection on June 13,
2006, the entire gas
detector relay panel was
found in by-pass, there
were also 2 violations
documented for oil
accumulations, both in the
same areas as documented
on the May 18th inspection
(compressor skid and deck
area around the crane).
09-JUN-2006--09-JUN-2006...
13-JUN-2006--13-JUN-2006...
18-MAY-2006--18-MAY-2006...
18-MAY-2006--18-MAY-2006...
Forest Oil Corporation, G-2007-008. The MMS inspector found an $80,000, 6/26/2007.... Sec. 250.107.
open hole around the BOP
riser on the top deck, as
well as an open hole
around the BOP riser in
the well bay area that was
not properly barricaded to
prevent a person's foot or
body from inadvertently
falling through the hole.
14-NOV-2006--18-NOV-2006...
Pogo Producing Company, G-2007-010. The departing sales gas $120,000, 6/7/2007.... Sec. 250.107.
pipeline shut down valve
spool connector between
the ball valve and the
mechanical robot device,
used to open and close the
valve, was cracked and
allowing gas to escape
into the atmosphere.
08-JAN-2007--13-JAN-2007...
Nippon Oil Exploration U.S.A. The upper and lower $10,000, 10/23/2007... Sec. 250.803(c).
Limited, G-2007-013. isolation valves on the
LSH on the Vent Scrubber
were found in the closed
position, by-passed.
26-FEB-2007--26-FEB-2007...
GOM Shelf LLC (Rowan Drilling), G- Stairs and handrail on the $40,000, 8/3/2007..... Sec. 250.401(e).
2007-014. cantilever pipe rack deck
had been removed in order
to install the diverter
housing under the decking.
With the stairs removed,
there was no other access
to the pipe rack deck.
Instead of replacing the
stairs, the employees were
observed climbing over
railing and stretching
from the top of the shaker
house to the pipe deck.
They were not wearing fall
protection (estimated fall
of 25' to the deck below).
Additionally, the two
areas where the handrail
and stairs had been
removed were not
barricaded or properly
guarded.
11-JAN-2007--11-JAN-2007...
Energy Partners, Ltd, G-2007-015... The fuel gas scrubber PSV $80,000, 7/17/2007.... Sec. 250.803(c).
was found blocked off and
not flagged or monitored
by personnel.
08-MAR-2007--15-MAR-2007...
[[Page 17382]]
Devon Energy Production Company, An employee's unsafe and un- $20,000, 12/11/2007... Sec. 250.107.
L.P., G-2007-017. workmanlike action
resulted in him falling
15' to the deck below.
16-MAR-2007--16-MAR-2007...
PetroQuest Energy LLC, G-2007-018.. The SCSSV had been rendered $10,000, 9/5/2007..... Sec. 250.803(c).
inoperable since the
isolation valve located at
the wellhead was closed.
15-MAR-2007--25-MAR-2007...
Apache Corporation, G-2007-019..... There was a failure to $20,000, 9/26/2007.... Sec. 250.406.
maintain an operable drill
floor Emergency Shut-Down
station with simultaneous
well production.
16-APR-2007--16-APR-2007...
Petrobras America Inc., G-2007-020. During completion $30,000, 11/6/2007.... Sec. 250.107(a).
operations on the
Transocean Offshore F100
drilling rig, two contract
workers were seriously
injured when a lifting sub
that was being used to
lift production tubing
backed out of its
connection and fell 65' to
the rig floor striking the
2 workers.
19-FEB-2007--19-FEB-2007...
Dominion Exploration & Production, After being denied a $697,500, 12/13/2007.. Sec. 250.107(a).
Inc., G-2007-024. departure request to
produce the H2 well with
casing pressure, Dominion
pulled the DX plug and
produced the well for 279
days.
15-JUN-2006--20-MAR-2007...
W&T Offshore, Inc., G-2007-026..... The MMS Inspector found the $35,000, 12/19/2007... Sec. 250.803(b)(8).
starter gas for the fire
water pump was blocked
closed rendering the pump
inoperable.
13-MAY-2007--13-MAY-2007...
Apache Corporation, G-2007-028..... The MMS Inspector $12,000, 11/15/2007... CFR 250.107.
discovered that an
additional section of
metal plating had been
removed from the ladder
access opening for the mud
pit tank. The removed
section extended the
opening beyond the three
barricaded sides of the
ladder access, creating a
hazard for personnel.
13-APR -2007 -13-APR-2007..
Devon Energy Production Co., L.P., The LSH on the 1st stage $15,000, 12/19/2007... Sec. 250.803(c),
G-2007-032. suction scrubber; and the Sec. 250.803(c).
LSH on the 3rd stage
suction scrubber were both
found in by-pass.
22-JUN-2007--22-JUN-2007...
22-JUN-2007--22-JUN-2007...
----------------------------------------------------------------------------------------------------------------
Total Penalties Paid: 1/1/07-12/31/07
36 Cases: $3,106,000
----------------------------------------------------------------------------------------------------------------
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.
Authority: 31 U.S.C. 9701, 43 U.S.C. 1334.
Dated: February 26, 2008.
Chris Oynes,
Associate Director for Offshore Minerals Management.
[FR Doc. E8-6687 Filed 3-31-08; 8:45 am]
BILLING CODE 4310-MR-P
