BOEM Adjusts Level of Civil Monetary Penalties for Oil & Gas Companies

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Source: Electro – Metal BOEM

Increase needed to keep pace with inflation, preserve deterrent effect

The Bureau of Ocean Energy Management (BOEM) announced today that it will issue an Interim Final Rule that adjusts the level of civil monetary penalties in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act (FCPIA) of 2015.

The FCPIA of 2015 amends the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIA of 1990) and requires Federal agencies to adjust the level of civil monetary penalties through rulemaking to reflect inflation in order to maintain the deterrent effect on companies.

BOEM is issuing the Interim Final Rule that adjusts the level of civil monetary penalties for inflation and seeks comments from the public. The Interim Final Rule will be published in the Federal Register on July 1, 2016 and comments will be accepted until August 30, 2016.

Comments can be submitted in the following ways:

  • Federal Rulemaking Portal: http:/www.regulations.gov/. Follow the instructions for submitting comments;
  • U.S. Postal Service or Other Mail Delivery Service: Address to Robert Sebastian, Office of Policy, Regulation and Analysis (OPRA), BOEM, Department of the Interior, 1849 C Street, N.W., Mailstop 5238, Washington, D.C. 20240; or
  • Hand delivery to Office of Policy, Regulation and Analysis, BOEM, Department of the Interior, at 1849 C Street, N.W., Room No. 5249, Washington, D.C. 20240.

Under the FCPIA of 2015, this rule adjusts the maximum civil monetary penalties per day per violation to $42,017 for violations under the OCS Lands Act and to $44,539 for the Oil Pollution Act of 1990.

Questions about the Interim Final Rule can be addressed by Robert Sebastian, Office of Policy, Regulation and Analysis at (504) 736-2761 or email at robert.sebastian@boem.gov.

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