(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 $55,808 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.

[76 FR 64623, Oct. 18, 2011, as amended at 81 FR 43069, July 1, 2016; 82 FR 10711, Feb. 15, 2017; 83 FR 8933, Mar. 2, 2018; 84 FR 11224, Mar. 26, 2019; 85 FR 7221, Feb. 7, 2020; 86 FR 19784, Apr. 15, 2021; 87 FR 15335, Mar. 18, 2022; 88 FR 9752, Feb. 15, 2023]