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Penalty guidelines revised by PHMSA

Clarifies factors that affect penalty amounts

Posted October 4, 2013

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published a revised statement of policy to update baseline assessments for frequently-cited violations of the Hazardous Materials Regulations (HMR) and to clarify additional factors that affect penalty amounts.

This revised statement of policy is intended to provide the regulated community and the general public with information on the hazardous materials penalty assessment process. This rule was effective October 1, 2013.

In this final rule, PHMSA updated its statement of policy, revising Appendix A to Part 107, Subpart D, including the List of Frequently Cited Violations in Part II of the guidelines, and Parts III and IV, which provide additional factors that affect penalty amounts. The revisions to Part II include modifications to individual baseline assessments, the addition of frequently-cited violations that were not previously included in the guidelines, and assigned penalties instead of penalty ranges, where appropriate, to reflect safety risks, such as packing group. The revisions to Parts III and IV of the guidelines clarify the criteria PHMSA considers when determining a civil penalty amount that appropriately reflects the risk posed by a violation, the culpability of the respondent, and aggravating or mitigating factors.

To view more details on this final rule, click here.

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