PHMSA civil penalties will increase

Inflation adjustments effective August 1, 2016

Posted July 1, 2016

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published an interim final rule revising the maximum and minimum civil penalties for a knowing violation of the federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law.

The “Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015”' (the 2015 Act), which amended the Federal Civil Penalties, Inflation Adjustment Act of 1990 (the Inflation Adjustment Act), requires Agencies to update their civil monetary penalties through interim final rulemaking.

Accordingly, PHMSA is making the following adjustments to reflect the changes required by the 2015 Act:

  • Revising the maximum civil penalty from $75,000 to $77,114 for a person who knowingly violates the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law.
  • Revising the maximum civil penalty from $175,000 to $179,933 for a person who knowingly violates the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law that results in death, serious illness, or severe injury to any person or substantial destruction of the property.
  • Revising the minimum penalty amount from $450 to $463 for a violation related to training.

The interim final rule is effective August 1, 2016.


 

Hazardous Materials Regulations GuideJ. J. Keller's Hazardous Materials Regulations Guide provides quick access to up-to-date DOT Hazardous Materials Regulations, including §172.101 Hazardous Materials Table and amendments from HM-233B, HM-145O, HM-218F, HM-244D, and HM-215K.

 

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