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DOT/PHMSA RIN: 2137-AE34 Publication ID: Fall 2008 
Title: Hazardous Materials Regulations: Penalty Guidelines 
Abstract: This final rule would make revisions to baseline civil assessments for violation of regulations issued under Federal hazardous materials transportation law (49 U.S.C. ch. 51). This final rule is published under the authority of 49 U.S.C. 5123, which provides civil penalties for violations of Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. These guidelines were first published in the Federal Register on March 6, 1995, in response to a request contained in Senate Report 103-150 that accompanied the Department of Transportation and Related Agencies Appropriations Act of 1994, and are updated periodically. The revisions in this final rule incorporate risked-based assessment criteria to the penalty guidelines; thus, violations of regulations involving high-risk materials, packagings, or modes of transport may result in higher penalties relative to other types of violations. These guidelines, however, are not binding and it is PHMSA policy to use the guidelines as a base for assessing violations, before taking into account the unique circumstances of each violation and adjusting the base up or down as appropriate. 
Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 49 CFR 107   
Legal Authority: 49 USC 5123   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Rule  12/00/2008    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Ryan Posten
Director, Office of Hazardous Materials Enforcement
Department of Transportation
Pipeline and Hazardous Materials Safety Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:202 366-4700
Fax:202 366-7435
Email: ryan.posten@dot.gov