2137-AF23 201610 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2137 Pipeline and Hazardous Materials Safety Administration PHMSA 2100 Department of Transportation DOT Hazardous Materials: Revision of Maximum and Minimum Civil Penalties

PHMSA is revising the references in its regulations to 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 President signed the "Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015" (the 2015 Act) (sec. 701 of Pub. L. 114-74), which further amended the Federal Civil Penalties, Inflation Adjustment Act of 1990 (the Inflation Adjustment Act) (Pub. L. 101-410) which requires Agencies to now annually adjust civil monetary penalties through interim final rulemaking. The maximum civil penalty for a knowing violation is now $77,114, except that the maximum civil penalty is $179,933 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. In addition, the minimum civil penalty amount of $463 applies to a violation relating to training.

]]> Substantive, Nonsignificant Previously Published in The Unified Agenda Final Rule Stage No No 49 CFR 107 49 CFR 171 49 U.S.C. 5123(a) Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Federal Civil Penalties, Inflation Adjustment Act of 1990 Statutory Final 08/01/2016 Publish IFR which is effective by 8/1/2016 Publish IFR which is effective by 8/1/2016. No Interim Final Rule 06/29/2016 81 FR 42266 Interim Final Rule Comment Period End 08/01/2016 Final Action 01/00/2017 HM-258D No No None No No www.regulations.gov www.regulations.gov No No Shawn Wolsey Senior Attorney Advisor 2137 Pipeline and Hazardous Materials Safety Administration PHMSA 202 366-0299 shawn.wolsey@dot.gov 1200 New Jersey Avenue, SE, Washington DC 20590