The DOT’s Pipeline and Hazardous Material Safety
Administration (PHMSA) published an interim final rule (IFR) in today’s Federal
Register (81 FR
42266-42268) increasing the minimum and maximum fines for violations of
hazardous material law (HML) or hazardous material regulations (HMR). DOT was
directed by Congress to periodically adjust these fines in the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (§701 of PL 114-74).
The table below shows the existing penalties and the new
ones established in this IFR. The adjustment multiplier is based upon changes
in the Consumer Price Index since the fine was established or last changed.
|
|
Current
|
New
|
|
Knowing violation – Max
|
$75,000
|
$77,114
|
|
Severe violation – Max
|
$175,000
|
$179,933
|
|
Training violation – Min
|
$450
|
$463
|
A severe violation is a knowing violation of the HML or HMR that results in
death, serious illness, or severe injury to any person or substantial
destruction of the property.
Congress mandated this change in penalties and provided no
discretion in the matter to DOT so the publish and comment process is unnecessary. The
changes go into
effect on August 1st, 2016.
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