[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Notices]
[Page 1076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-119]


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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 review of the maximum daily civil penalty 
assessment.

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SUMMARY: The Outer Continental Shelf Lands Act requires the MMS to 
review the maximum daily civil penalty assessment for violations of 
regulations governing oil and gas operations in the Outer Continental 
Shelf at least once every 3 years. This review ensures that the maximum 
penalty assessment reflects any increases in the Consumer Price Index 
as prepared by the Bureau of Labor Statistics, U.S. Department of 
Labor. After conducting the required review in August 2009, the MMS 
determined that no adjustment is necessary at this time.

FOR FURTHER INFORMATION CONTACT: Joanne McCammon, Safety and 
Enforcement Branch at (703) 787-1292 or e-mail at 
<a href="/cdn-cgi/l/email-protection#a2e8cdc3ccccc78cefc1e1c3cfcfcdcce2cfcfd18cc5cdd4"><span class="__cf_email__" data-cfemail="e6ac8987888883c8ab85a5878b8b8988a68b8b95c8818990">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The goal of the MMS Outer Continental Shelf 
(OCS) Civil Penalty Program is to ensure safe and clean operations on 
the OCS. By assessing and collecting civil penalties, the program is 
designed to encourage compliance with OCS statutes and regulations. Not 
all regulatory violations warrant a review to initiate civil penalty 
proceedings; however, violations that cause injury, death, or 
environmental damage, or pose a threat to human life or the 
environment, will trigger such review.
    The Oil Pollution Act of 1990 (OPA 90) (Pub. L. 101-380) expanded 
and strengthened MMS's authority to impose penalties for violating 
regulations promulgated under the OCS Lands Act. Section 8201 of OPA 
90, which amended section 24(b) of the OCS Lands Act, 43 U.S.C. 
1350(b), directs the Secretary of the Interior to adjust the maximum 
civil penalty amount at least once every 3 years to reflect any 
increases in the Consumer Price Index (CPI). The purpose of this 
adjustment is to ensure that punitive assessments keep up with 
inflation. If an adjustment is necessary, MMS informs the public 
through publication in the Federal Register of the new maximum amount. 
The MMS uses Office of Management and Budget (OMB) guidelines for 
determining how penalty amounts should be rounded.
    The MMS published regulations adjusting the civil penalty 
assessment to $25,000 per violation per day on August 8, 1997 (62 FR 
42667); to $30,000 on October 29, 2003 (68 FR 61622); and to $35,000 on 
February 28, 2007 (72 FR 8897). In August 2009, MMS performed 
computations to determine if it should increase the current maximum 
civil penalty amount of $35,000 per violation per day. After running 
the computations, the MMS determined that the CPI did not increase 
enough to warrant raising the maximum civil penalty amount at this 
time. The MMS will monitor the CPI, and when the computations justify 
raising the maximum civil penalty amount, the MMS will publish a Notice 
in the Federal Register to notify the public of the increase.

    Authority: 43 U.S.C. 1350.

    Dated: January 4, 2010.
Chris Oynes,
Associate Director for Offshore Energy and Minerals Management.
[FR Doc. 2010-119 Filed 1-7-10; 8:45 am]
BILLING CODE 4310-MR-P


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