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DOT/PHMSA

RIN: 2137-AF02

Publication ID: Spring 2013

Title: ●Hazardous Materials: Penalty Guidelines
Abstract: In this final rule, PHMSA is publishing an updated statement of policy, revising appendix A to part 107, subpart D, including the List of Frequently Cited Violations in part II of the guidelines, as well as part III and IV, which provide additional factors that affect penalty amounts. Revisions to part II include modifications to individual baseline assessments, additional frequently cited violations not previously included in the guidelines, and replacing penalty ranges with assigned penalties based on safety risks such as packing group, where appropriate. 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 any aggravating or mitigating factors.
Agency: Department of Transportation(DOT)	Priority: Substantive, Nonsignificant
RIN Status: First time 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 5101 to 5108

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Final Rule	12/00/2013

Additional Information: HM-258C
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: Lad Falat Director, Engineering and Research Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue SE, Washington, DC 20590 Phone:202 366-4545 Email: lad.falat@dot.gov