Hazardous Materials: Revision of Max and Min Civil Penalties

July 15, 2016

Hazardous Materials: Revision of Maximum and Minimum Civil Penalties

PHMSA-2016-0041 (HM-258D) In 49 CFR 107.329, Appendix A to subpart D of 49 CFR part 107, and 49 CFR 171.1: A Rule by the Pipeline and Hazardous Materials Safety Administration

Effective August 1, 2016, changes to the minimum and maximum civil penalties for a knowing violation of the Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.), will go into effect.  PHMSA-2016-0041 (HM-258D)

Note:  The below penalties will be imposed for each violation of the HMR and each day of a continuing violation at the same rate:

• Maximum civil penalty revised from $75,000 to $77,114 for a person who knowingly violates the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law.¹
• Maximum civil penalty revised from $175,000 to $179,933 for a person who knowingly violates the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law that results in death, serious illness, or severe injury to any person or substantial destruction of the property.¹
• Minimum penalty amount revised from $450 to $463 for a violation related to training.¹

 ¹Cite:  https://www.federalregister.gov/articles/2016/06/29/2016-15404/hazardous-materials-revision-of-maximum-and-minimum-civil-penalties#p-8.