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actions (warning, component shut‐in, or facility shut‐ in), depending on the
severity of the violation. If the violation was not severe or threatening, a
warning INC was issued. The violation had to be corrected within a reasonable
amount of time, which was specified on the warning INC. The shut‐in INC
could be for a single component (a portion of the facility) or the entire facility.
The violation had to be corrected before the operator was allowed to continue the
activity in question.

In addition to the enforcement actions specified above, MMS could assess
a civil penalty of up to $35,000 per violation per day if: 1) the operator failed to
correct the violation in the reasonable amount of time specified on the INC; or 2)
the violation resulted in a serious harm or damage, or a threat of serious harm or
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damage to human life, property or the environment.

Figure 13 presents an example of PINC guidance about subsea BOP stacks
can be found below:

Figure 13 – Example of National PINC Guidance for Drilling Inspection

The Panel determined that there was no PINC on the inspectors’ checklist
for 30 CFR § 250.446(a) at the time of the Macondo blowout. That provision
requires an operator to conduct a major inspection of BOP stack components
every three to five years. Because no PINC existed for this requirement, MMS
inspectors did not regularly verify that the major inspection requirements had
been met during drilling inspections.

405 43 U.S.C. § 1350(b); 30 CFR §§ 250.1403 ‐ .1404. For violations that occur after July 30, 2011, the
maximum civil penalty per day will be $40,000 per day per violation.

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