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DOT/PHMSA RIN: 2137-AF23 Publication ID: Fall 2016 
Title: Hazardous Materials: Revision of Maximum and Minimum Civil Penalties 
Abstract:

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.

 
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 
EO 13771 Designation: uncollected 
CFR Citation: 49 CFR 107    49 CFR 171   
Legal Authority: 49 U.S.C. 5123(a)    Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015    Federal Civil Penalties, Inflation Adjustment Act of 1990   
Legal Deadline:
Action Source Description Date
Final  Statutory  Publish IFR which is effective by 8/1/2016  08/01/2016 

Overall Description of Deadline: Publish IFR which is effective by 8/1/2016.

Timetable:
Action Date FR Cite
Interim Final Rule  06/29/2016  81 FR 42266   
Interim Final Rule Comment Period End  08/01/2016 
Final Action  01/00/2017 
Additional Information: HM-258D
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:
Shawn Wolsey
Senior Attorney Advisor
Department of Transportation
Pipeline and Hazardous Materials Safety Administration
1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202 366-0299
Email: shawn.wolsey@dot.gov