Collapse to view only § 553.50 - How can BOEM refuse or invalidate my OSFR evidence?
- § 553.50 - How can BOEM refuse or invalidate my OSFR evidence?
- § 553.51 - What are the penalties for not complying with this part?
§ 553.50 - How can BOEM refuse or invalidate my OSFR evidence?
(a) If BOEM determines that any OSFR evidence you submit fails to comply with the requirements of this part, we may not accept it. If we do not accept your OSFR evidence, then we will send you a written notification stating:
(1) That your evidence is not acceptable;
(2) Why your evidence is unacceptable; and
(3) The amount of time you are allowed to submit acceptable evidence without being subject to civil penalty under § 553.51.
(b) BOEM may immediately and without prior notice invalidate your OSFR demonstration if you:
(1) Are no longer eligible to be the designated applicant for a COF included in your demonstration; or
(2) Permit the cancellation or termination of the insurance policy, surety bond, or indemnity upon which the continued validity of the demonstration is based.
(c) If BOEM determines you are not complying with the requirements of this part for any reason other than paragraph (b) of this section, we will notify you of our intent to invalidate your OSFR demonstration and specify the corrective action needed. Unless you take the corrective action BOEM specifies within 15 calendar days from the date you receive such a notice, we will invalidate your OSFR demonstration.
§ 553.51 - What are the penalties for not complying with this part?
(a) If you fail to comply with the financial responsibility requirements of OPA at 33 U.S.C. 2716 or with the requirements of this part, then you may be liable for a civil penalty of up to $57,617 per COF per day of violation (that is, each day a COF is operated without acceptable evidence of OSFR).
(b) BOEM will determine the date of a noncompliance. BOEM will assess penalties in accordance with an OSFR penalty schedule using the procedures found at 30 CFR part 550, subpart N. You may obtain a copy of the penalty schedule from BOEM at the address in § 553.45.
(c) BOEM may assess a civil penalty against you that is greater or less than the amount in the penalty schedule after taking into account the factors in section 4303(a) of OPA (33 U.S.C. 2716a).
(d) If you fail to correct a deficiency in the OSFR evidence for a COF, then the Director may suspend operation of a COF in the OCS under 30 CFR 250.170 or seek judicial relief, including an order suspending the operation of any COF.