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