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| NTL No. . 97-5N | Effective
Date: October 7, 1997 |
Notice
to Lessees and Operators (NTL) of Federal Oil, Gas,
and Sulphur Leases in the Outer Continental Shelf
Revised Assessment Matrix
The purpose of this notice is to provide updated
information on the OCS Civil Penalties Program. This NTL replaces the assessment matrix
provided in NTL No. 96-7N. The Oil Pollution Act of 1990 requires the Secretary of the
Interior to adjust the maximum civil penalty to reflect any increases in the Consumer
Price Index.
On August 8, 1997, MMS published new regulations implementing the civil penalty provisions
of the OCS Lands Act. Written in "plain English," the new question-and-answer
format provides a better understanding of the OCS civil penalty process. The new rule
increased the maximum civil penalty to $25,000 per day per violation. The assessment
matrix below, revised to reflect the increased maximum penalty, will apply to incidents of
non-compliance issued on or after
October 7, 1997:
GENERALIZED MATRIX FOR CIVIL PENALTY
ASSESSMENTS IN $/DAY/VIOLATION
OCTOBER 1997
| Enforcement Code | Category A | Category B | Category C |
| W | $3,000 - 15,000 | $5,000 - 20,000 | $10,000 - 25,000 |
| C | $5,000 - 15,000 | $10,000 - 20,000 | $15,000 - 25,000 |
| S | $10,000 - 15,000 | $15,000 - 20,000 | $20,000 - 25,000 |
Note: W=Warning, C=Component Shut-in, and S=Facility Shut-in
Additional factors considered within each category range:
- Record of compliance.
- Financial benefit derived by the company from the violation(s).
- Severity of the violation(s).
- Precedents set by similar cases.
| Category A Threat of injury to humans. Threat of harm or damage to the marine or coastal environment, including mammals, fish, and other aquatic life. Threat of pollution. Threat of damage to any mineral deposit or property. First civil penalty. |
Category B Injury to humans involving incapacitation of less than 72 hours. Minor harm or damage to the marine or coastal environment, including mammals, fish, and other aquatic life. Pollution caused liquid hydrocarbon spillage under 200 BBL during a period of 30 days. Minor damage to any mineral deposit or property. Civil penalty history. |
Category C Serious injury to humans or loss of human life. Injury caused incapacitation over 72 hours. Serious harm or damage to the marine or coastal environment, including mammals, fish, and other aquatic life. (Harm to aquatic life involved numerous individuals or involved endangered/threatened species.) Pollution caused liquid hydrocarbon spillage of over 200 BBL during a period of 30 days. Serious damage to any mineral deposit or property. Civil penalty history. |
Additional information about this program
can be found on the MMS worldwide web home page, http://www.mms.gov.
[signed] Carolita U. Kallaur,
Associate Director for Offshore Energy and Minerals Management
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