DOT Updates Civil Penalties

PHMSA 06-29 FR increased penalties.pdf

On June 29, 2016 (81 FR 42266), the Pipeline and Hazardous Materials Safety Administration (PHMSA) published an interim final rule in the federal register to revise 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 in 49 CFR Parts 107 and 171. The “Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015” (the 2015 Act), which amended the Federal Civil Penalties, Inflation Adjustment Act of 1990 (the Inflation Adjustment Act), requires Agencies to update their civil monetary penalties through interim final rulemaking. The maximum civil penalty for a knowing violation is now $77,114, except for violations that result in death, serious illness, or severe injury to any person or substantial destruction of property, for which the maximum civil penalty is $179,933. In addition, the minimum civil penalty amount for a violation relating to training is now $463. The effective date of this final rule is August 1, 2016.