Civil Penalties

MMS Publishes Offshore Violations Summary

The Department of the Interior's Minerals Management Service (MMS) published in the Federal Register a summary of civil penalties paid last year by oil and natural gas companies for violations occurring in the Outer Continental Shelf (OCS). The summary identifies the company name, the specific offshore activity in violation of the law, and the fine paid. The total penalty amount paid in 1998 by 27 companies was $1.3 million. The MMS is responsible for ensuring safe and clean offshore operations in the OCS. The civil penalty process is designed to encourage companies to comply with the statutes and regulations by pursuing, assessing, and collecting penalties. OPA 90 expanded and strengthened MMS' authority to impose penalties for violating its regulations. Section 8201 of the Act gives the Secretary of the Interior the authority to assess a civil penalty without providing notice and time for corrective action where a failure to comply with applicable regulations results in a threat of serious, irreparable, or immediate harm or damage to human life or the environment. Since 1990, MMS has initiated 250 civil penalty reviews and collected more than $2.7 million.

BOEMRE Ups OCSLA and OPA Penalties

The Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) announced that the maximum civil penalty rate for Outer Continental Shelf Lands Act (OCSLA) violations will increase from $35,000 to $40,000 per day; and from $25,000 to $30,000 per day for Oil Pollution Act (OPA) financial responsibility violations. The increases coincide with adjustments in inflation, as required by OCSLA and OPA. The Obama administration has requested that Congress pass legislation to further raise

Washington-Civil Penalties for Pollution

The Washington State Department of Ecology has summarized civil penalties it assessed during the second quarter of 2006 for pollution incidents. Among others on the list were three marine-related parties. Two of the penalties indicate the possibility that the Department has become too zealous in its mission. In June, the captain of the vessel Nu C was fined $9,000 after approximately 575 gallons of diesel and hydraulic oil spilled into Grays Harbor when the vessel crashed into the North

TSA Complaint Settled

The Federal Maritime Commission issued a Press Release stating that the Commission has entered into a settlement agreement with the major ocean carrier agreements and their members who serve the inbound waterborne U.S. trades with Asia, including the Transpacific Stabilization Agreement (TSA) and two TSA-related bridging agreements. The settlement addresses carrier practices and provides, among other things, for payment of $1,350

Offshore News

R&B Falcon Confirms U.S. Gulf Development Plans Reading & Bates Development Co. (DEVCO), a wholly owned subsidiary of R&B Falcon Corporation, announced its Boomvang Project in deepwater offshore Texas is proceeding rapidly. DEVCO concurs with previously announced reserve estimates of 70-100 million boe in several oil reservoirs extending across portions of East Breaks Blocks 642, 643, 688 and 732. Platform, production facilities and pipeline contracts are being evaluated

Hawaii Ship Repairers Fined $700,000

The U.S. Environmental Protection Agency and the Hawaii State Department of Health settle with Marisco Ltd for pollution offences. The violations took place at Marisco's ship repair and drydock facilities at Kalaeloa Barbers Point Harbor on Oahu. This is the largest Clean Water Act civil penalty against a ship repair facility nationwide.
 The settlement, a consent decree, was lodged with the U.S. District Court for the District of Hawaii and is subject to a 30-day public comment period and

TSA – Revision to Enforcement Procedure

The Transportation Security Administration (TSA) issued an interim final rule revising its Investigative and Enforcement Procedures to conform to the Implementing Recommendations of the 9/11 Commission Act of 2007. The rule establishes procedures by which TSA may assess civil penalties for violations of any statutory requirement administered by TSA, including Transportation Worker Identification Credential (TWIC) requirements. The revisions come into effect on August 20

Puget Sound Has New Tank Ship Security Zone

The Coast Guard is establishing a temporary moving security zone of 500 yards surrounding tank ships while within the waters of Puget Sound and adjacent waters, WA. All vessels within 500 yards of a tank ship shall operate at the minimum speed necessary to maintain a safe course, and shall proceed as directed by the Official Patrol or tank ship master. The Official Patrol will consist of a Coast Guard patrol, or a General Authority Washington Peace Officer

Passenger and Crew Manifests Must Be Submitted to INS

President Bush has signed the Enhanced Border Security and Visa Entry Reform Act of 2002. The measure provides for the hiring of additional Immigration and Naturalization Service (INS) inspectors and investigative personnel. Of particular import to the maritime industry, it directs the Attorney General to develop machine-readable, tamper-resistant visas and other travel and entry documents that use biometric identifiers.

FMC, Transpacific Carriers Settle

Federal Maritime Commission Chairman Steven R. Blust announced yesterday that the Commission has entered into a settlement agreement with the major ocean carrier agreements and their members who serve the inbound waterborne U.S. trades with Asia, including the Transpacific Stabilization Agreement (TSA), and two TSA-related bridging agreements. The settlement addresses carrier practices investigated in the Commission's Fact Finding Investigation No