43 CFR § 3173.29
Immediate assessments for certain violations
June 11, 2020
Certain instances of noncompliance warrant the imposition of immediate assessments upon discovery, as prescribed in the following table. Imposition of these assessments does not preclude other appropriate enforcement actions:
Table 1 to §3173.29—Violations Subject to an Immediate Assessment
Open Table
| Violation | Assessment amount per violation ($) |
|---|---|
| 1. An appropriate valve on an oil storage tank was not sealed, as required by §3173.2 | 1,000 |
| 2. An appropriate valve or component on an oil metering system was not sealed, as required by §3173.3 | 1,000 |
| 3. A Federal seal is removed without prior approval of the AO or AR, as required by §3173.4 | 1,000 |
| 4. Oil was not properly measured before removal from storage for use on a different lease, unit, or CA, as required by §3173.7(b) | 1,000 |
| 5. An FMP was bypassed, in violation of §3170.4 | 1,000 |
| 6. Theft or mishandling of production was not reported to the BLM, as required by §3173.8 | 1,000 |
| 7. Records necessary to determine quantity and quality of production were not retained, as required by §3170.7 | 1,000 |
| 8. FMP application was not submitted, as required by §3173.12 | 1,000 |
| 9. (i) For facilities that begin operation after January 17, 2017, BLM approval for off-lease measurement was not obtained before removing production, as required by §3173.23 | 1,000 |
| (ii) Facilities that were in operation on or before January 17, 2017, are subject to an assessment if they do not have an existing BLM approval for off-lease measurement. | |
| 10. (i) For facilities that begin operation after January 17, 2017, BLM approval for surface commingling was not obtained before removing production, as required by §3173.15 | 1,000 |
| (ii) Facilities that were in operation on or before January 17, 2017, are subject to an assessment if they do not have an existing BLM approval for surface commingling. | |
| 11. (i) For facilities that begin operation after January 17, 2017, BLM approval for downhole commingling was not obtained before removing production, as required by §3173.15 | 1,000 |
| (ii) Facilities that were in operation on or before January 17, 2017, are subject to an assessment if they do not have an existing BLM approval for downhole commingling. |
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