PHMSA Revises Guidelines for Civil Penalties in HM-258C Final Rule

摘要

On October 2, 2013, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule [Docket No. PHMSA-2013-0045 (HM-258C)] in the Federal Register (78 FR 60726) amending its guidelines for assessing civil penalty amounts for hazardous materials violations. Subpart D of Part 107 sets forth provisions for addressing violations of the Hazardous Materials Regulations (HMR), which include compliance orders, civil penalties, criminal penalties, and injunctive actions. Appendix A to Subpart D provides the guidelines used by PHMSA in making baseline determinations for recommending civil penalties. It includes a List of Frequently Cited Violations (listed in Part Ⅱ of Appendix A by violation description, section of the 49 CFR, and a baseline assessment amount) and additional factors (Parts III and IV of Appendix A) which PHMSA is required to consider under Federal hazmat law (specifically, 49 U.S.C. 5123(c)) and 49 CFR 107.331, in determining civil penalty amounts.