81 FR 42266 - Hazardous Materials: Revision of Maximum and Minimum Civil Penalties

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 81, Issue 125 (June 29, 2016)

Page Range		42266-42268
FR Document		2016-15404

PHMSA is revising 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 ``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.

Federal Register, Volume 81 Issue 125 (Wednesday, June 29, 2016)

[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Rules and Regulations]
[Pages 42266-42268]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15404]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107 and 171

[Docket No. PHMSA-2016-0041 (HM-258D)]
RIN 2137-AF23


Hazardous Materials: Revision of Maximum and Minimum Civil 
Penalties

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: PHMSA is revising 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 ``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.

DATES: Effective Date: August 1, 2016.

FOR FURTHER INFORMATION CONTACT: Laura Ulmer or Shawn Wolsey, Office of 
Chief Counsel, (202) 366-4400, Pipeline and Hazardous Materials Safety 
Administration, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Civil Penalty Amendments

    Section 701 of the ``Federal Civil Penalties Inflation Adjustment 
Act Improvements Act of 2015'' (the 2015 Act) (Pub. L. 114-74, 129 
Stat. 599 [November 2, 2015]), which amended the Federal Civil 
Penalties, Inflation Adjustment Act of 1990 (the Inflation Adjustment 
Act) (Pub. L. 101-410), requires that the Agency make an initial catch 
up adjustment with subsequent annual adjustments to the maximum and 
minimum civil penalties set forth in 49 U.S.C. 5123(a) for a knowing 
violation of the Federal hazardous material transportation law or a 
regulation, order, special permit, or approval issued under that law. 
These changes to the maximum and minimum civil penalty amounts apply to 
violations assessed on or after the effective date, August 1, 2016.
    The Office of Management and Budget's (OMB) ``Memorandum for the 
Heads of Executive Departments and Agencies, Implementation of the 
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 
2015,'' M16-06, provides guidance on how to update agencies' civil 
penalties pursuant to the 2015 Act. For the catch up adjustment, the 
calculation uses multipliers to adjust the civil monetary penalties, or 
the minimum and maximum penalties, based on the year the penalty was 
established or last adjusted by statute or regulation other than under 
the Inflation Adjustment Act. The Agency or Department would then use 
the multiplier, based on the Consumer Price Index for October 2015 
provided in a table in that guidance document, and multiply it by the 
current penalty. Congress passed the Moving Ahead for Progress in the 
21st Century Act (MAP-21) in 2012, which amended the maximum penalty 
for a knowing violation of the Federal hazardous material safety law, 
regulation, order, special permit, or approval to $75,000, and to 
$175,000 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. MAP-21 also added a $450 minimum for a training violation. 
The multiplier for 2012, which was the last year these civil monetary 
penalties were amended by statute or regulation other than under the 
Inflation Adjustment Act, from the guidance document is 1.02819. After 
making the adjustment, all penalty levels must be rounded to the 
nearest dollar, but no penalty level may be increased by more than 150 
percent of corresponding penalty levels in effect on November 2, 2015.
    Accordingly, PHMSA is revising the references to the maximum and 
minimum civil penalty amounts in its regulations to reflect the changes 
required by the 2015 Act. In 49 CFR 107.329, Appendix A to subpart D of 
49 CFR part 107, and 49 CFR 171.1 are:
     Revising the maximum civil penalty 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.
     Revising the maximum civil penalty 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.
     Revising the minimum penalty amount from $450 to $463 for 
a violation related to training.
    As required by the 2015 Act, PHMSA is making these catch up 
adjustments through an interim final rule. PHMSA is not providing a 
notice of proposed rulemaking or an opportunity for public comment. The 
catch up adjustments required by the 2015 Act are statutorily required 
ministerial acts, for which PHMSA has no discretion, and as a result 
public comment is unnecessary. As such, notice and comment procedures 
are ``impracticable, unnecessary, or contrary to the public interest'' 
within the meaning of the Administrative Procedure Act. 5 U.S.C. 
553(b)(3)(B).

II. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This interim final rule is published under the authority of the 
Federal hazardous materials transportation law (49 U.S.C. 5101 et 
seq.). Section 5123(a) of that law provides civil penalties for knowing 
violations of Federal hazardous material transportation law or a 
regulation, order, special permit, or approval issued under that law. 
This rule revises the references in PHMSA's regulations by (1) revising 
the maximum penalty amount for a knowing violation and a knowing 
violation resulting in death, serious illness, or severe injury to any 
person or substantial destruction of property to $77,114 and $179,933, 
respectively, and (2) revising the minimum penalty amount to $463 for a 
violation related to training.

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory 
Policies and Procedures

    This interim final rule has been evaluated in accordance with 
existing policies and procedures and determined to be non-significant 
under Executive Orders 12866 and 13563. However,

[[Page 42267]]

consistent with OMB memorandum M-16-06, this interim final rule was 
reviewed by OMB in order to make a significance determination.
    Further, this rule is not a significant regulatory action under the 
Regulatory Policies and Procedures of the DOT, 44 FR 11034; Feb. 26, 
1979. It is a ministerial act for which the agency has no discretion. 
The economic impact of the interim final rule is minimal to the extent 
that preparation of a regulatory evaluation is not warranted. Given the 
low number of penalty actions within the scope of this interim final 
rule, the impacts will be very limited.
    This interim final rule is being undertaken to address our 
statutory requirements. This rule imposes no new costs upon persons 
conducting hazardous materials operations in compliance with the 
requirements of the HMR. Those entities not in compliance with the 
requirements of the HMR may experience an increased cost based on the 
penalties levied against them for non-compliance; however, this is an 
avoidable, variable cost and thus is not considered in any evaluation 
of the significance of this regulatory action. Moreover, as the cost is 
an inflationary adjustment and the magnitude of the increase is 
minimal, since these penalties were recently enacted, reflected costs 
are nominal. The amendments in this rule could provide safety benefits 
(i.e., larger penalties deterring knowing violators). Overall, it is 
anticipated this rulemaking would have minimal real costs and benefits.

C. Executive Order 13132

    This interim final rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132 
(``Federalism''). This rule does not impose any regulation having 
substantial direct effects on the states, the relationship between the 
national government and the states, or the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
consultation and funding requirements of Executive Order 13132 do not 
apply.

D. Executive Order 13175

    This interim final rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13175 
(Consultation and Coordination with Indian Tribal Governments). Because 
this interim final rule does not have adverse tribal implications and 
does not impose direct compliance costs, the funding and consultation 
requirements of Executive Order 13175 do not apply, and, a tribal 
summary impact statement is not required.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-611) requires 
each agency to analyze regulations and assess their impact on small 
businesses and other small entities to determine whether the rule is 
expected to have a significant impact on a substantial number of small 
entities. The provisions of this rule apply specifically to all 
businesses transporting hazardous material. Therefore, PHMSA certifies 
this rule would not have a significant economic impact on a substantial 
number of small entities.
    In addition, PHMSA has determined the RFA does not apply to this 
rulemaking. The 2015 Act requires PHMSA to publish an interim final 
rule and does not require PHMSA to complete notice and comment 
procedures under the APA. The Small Business Administration's A Guide 
for Government Agencies: How to Comply with the Regulatory Flexibility 
Act (2003), provides that:

    If, under the APA or any rule of general applicability governing 
Federal grants to state and local governments, the agency is 
required to publish a general notice of proposed rulemaking (NPRM), 
the RFA must be considered [citing 5 U.S.C. 604(a)] . . . . If an 
NPRM is not required, the RFA does not apply.

Therefore, because the 2015 Act does not require an NPRM for this 
rulemaking, the RFA does not apply.

F. Paperwork Reduction Act

    There are no new information requirements in this interim final 
rule.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
spring and fall of each year. The RIN contained in the heading of this 
document can be used to cross-reference this action with the Unified 
Agenda.

H. Unfunded Mandates Reform Act of 1995

    This interim final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$141.3 million or more, in the aggregate, to any of the following: 
State, local, or Native American tribal governments, or to the private 
sector.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4375), requires Federal agencies to consider the 
consequences of major Federal actions and prepare a detailed statement 
on actions significantly affecting the quality of the human 
environment. When developing potential regulatory requirements, PHMSA 
evaluates those requirements to consider the environmental impact of 
each amendment. Specifically, PHMSA evaluates the: Risk of release and 
resulting environmental impact; risk to human safety, including any 
risk to first responders; longevity of the packaging; and if the 
proposed regulation would be carried out in a defined geographic area, 
the resources, especially any sensitive areas, and how they could be 
impacted by any proposed regulations. These amendments would be 
generally applicable and not be carried out in a defined geographic 
area. Civil penalties may act as a deterrent to those violating the 
HMR, and, this can have a negligible positive environmental impact as a 
result of increased compliance with the HMR. Based on the above 
discussion PHMSA concludes there are no significant environmental 
impacts associated with this interim final rule.

J. Privacy Act

    Anyone is able to search the electronic form of all comments 
received by any of our dockets using the name of the individual 
submitting the comments (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) which may be 
viewed at http://www.thefederalregister.org/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf.

K. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609, agencies must consider whether the 
impacts associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. In 
meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
are or would be adopted in the absence of such cooperation. 
International regulatory cooperation can

[[Page 42268]]

also reduce, eliminate, or prevent unnecessary differences in 
regulatory requirements.
    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as 
amended by the Uruguay Round Agreements Act (Pub. L. 103-465), 
prohibits Federal agencies from establishing any standards or engaging 
in related activities that create unnecessary obstacles to the foreign 
commerce of the United States. For purposes of these requirements, 
Federal agencies may participate in the establishment of international 
standards, so long as the standards have a legitimate domestic 
objective, such as providing for safety, and do not operate to exclude 
imports that meet this objective. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards 
in order to protect the safety of the American public, and we have 
assessed the effects of the interim final rule to ensure that it does 
not cause unnecessary obstacles to foreign trade. Accordingly, this 
rulemaking is consistent with Executive Order 13609 and PHMSA's 
obligations.

List of Subjects

49 CFR Part 107

    Administrative practices and procedure, Hazardous materials 
transportation, Packaging and containers, Penalties, Reporting and 
recordkeeping requirements.

49 CFR Part 171

    General information, Regulations, and Definitions.

    In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
1. The authority citation for part 107 is revised to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 
4; Pub. L. 104-121, sections 212-213; Pub. L. 104-134, section 
31001; Pub. L. 114-74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 
and 1.97.


0
2. Revise Sec.  107.329 to read as follows:


Sec.  107.329  Maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal 
hazardous material transportation law, an order issued thereunder, this 
subchapter, subchapter C of the chapter, or a special permit or 
approval issued under this subchapter applicable to the transportation 
of hazardous materials or the causing of them to be transported or 
shipped is liable for a civil penalty of not more than $77,114 for each 
violation, except the maximum civil penalty is $179,933 if the 
violation results in death, serious illness or severe injury to any 
person or substantial destruction of property. There is no minimum 
civil penalty, except for a minimum civil penalty of $463 for 
violations relating to training. When the violation is a continuing 
one, each day of the violation constitutes a separate offense.
    (b) A person who knowingly violates a requirement of the Federal 
hazardous material transportation law, an order issued thereunder, this 
subchapter, subchapter C of the chapter, or a special permit or 
approval issued under this subchapter applicable to the design, 
manufacture, fabrication, inspection, marking, maintenance, 
reconditioning, repair or testing of a package, container, or packaging 
component which is represented, marked, certified, or sold by that 
person as qualified for use in the transportation of hazardous 
materials in commerce is liable for a civil penalty of not more than 
$77,114 for each violation, except the maximum civil penalty is 
$179,933 if the violation results in death, serious illness or severe 
injury to any person or substantial destruction of property. There is 
no minimum civil penalty, except for a minimum civil penalty of $463 
for violations relating to training.

0
3. In Appendix A to subpart D of part 107, Section II.B. (``Penalty 
Increases for Multiple Counts''), the first sentence of the second 
paragraph is revised to read as follows:

Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties

* * * * *
    Under the Federal hazmat law, 49 U.S.C. 5123(a), each violation 
of the HMR and each day of a continuing violation (except for 
violations relating to packaging manufacture or qualification) is 
subject to a civil penalty of up to $77,114 or $179,933 for a 
violation occurring on or after August 1, 2016.
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
4. The authority citation for part 171 is revised to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.


0
5. In Sec.  171.1, paragraph (g) is revised to read as follows:


Sec.  171.1  Applicability of Hazardous Materials Regulations (HMR) to 
persons and functions.

* * * * *
    (g) Penalties for noncompliance. Each person who knowingly violates 
a requirement of the Federal hazardous material transportation law, an 
order issued under Federal hazardous material transportation law, 
subchapter A of this chapter, or a special permit or approval issued 
under subchapter A or C of this chapter is liable for a civil penalty 
of not more than $77,114 for each violation, except the maximum civil 
penalty is $179,933 if the violation results in death, serious illness 
or severe injury to any person or substantial destruction of property. 
There is no minimum civil penalty, except for a minimum civil penalty 
of $463 for a violation relating to training.

    Issued in Washington, DC, on June 14, 2016 under authority 
delegated in 49 CFR part 1.97.
Marie Therese Dominguez,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2016-15404 Filed 6-28-16; 8:45 am]
 BILLING CODE 4910-60-P

42266 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations

Dated: June 23, 2016. Adjustment Act of 1990 (the Inflation 107.329, Appendix A to subpart D of 49
Jeffrey A. Koses, Adjustment Act) (Pub. L. 101–410), CFR part 107, and 49 CFR 171.1 are:
Office of Acquisition Policy, Senior requires that the Agency make an initial • Revising the maximum civil penalty
Procurement Executive, General Services catch up adjustment with subsequent from $75,000 to $77,114 for a person
Administration. annual adjustments to the maximum who knowingly violates the Federal
[FR Doc. 2016–15238 Filed 6–28–16; 8:45 am] and minimum civil penalties set forth in hazardous material transportation law
BILLING CODE 6820–61–P 49 U.S.C. 5123(a) for a knowing or a regulation, order, special permit, or
violation of the Federal hazardous approval issued under that law.
material transportation law or a • Revising the maximum civil penalty
DEPARTMENT OF TRANSPORTATION regulation, order, special permit, or from $175,000 to $179,933 for a person
approval issued under that law. These who knowingly violates the Federal
Pipeline and Hazardous Materials changes to the maximum and minimum hazardous material transportation law
Safety Administration civil penalty amounts apply to or a regulation, order, special permit, or
violations assessed on or after the approval issued under that law that
49 CFR Parts 107 and 171 effective date, August 1, 2016. results in death, serious illness, or
The Office of Management and severe injury to any person or
[Docket No. PHMSA–2016–0041 (HM–258D)] Budget’s (OMB) ‘‘Memorandum for the substantial destruction of the property.
RIN 2137–AF23
Heads of Executive Departments and • Revising the minimum penalty
Agencies, Implementation of the Federal amount from $450 to $463 for a
Hazardous Materials: Revision of Civil Penalties Inflation Adjustment Act violation related to training.
Maximum and Minimum Civil Penalties Improvements Act of 2015,’’ M16–06, As required by the 2015 Act, PHMSA
provides guidance on how to update is making these catch up adjustments
AGENCY: Pipeline and Hazardous agencies’ civil penalties pursuant to the through an interim final rule. PHMSA is
Materials Safety Administration 2015 Act. For the catch up adjustment, not providing a notice of proposed
(PHMSA), DOT. the calculation uses multipliers to rulemaking or an opportunity for public
ACTION: Interim final rule. adjust the civil monetary penalties, or comment. The catch up adjustments
the minimum and maximum penalties, required by the 2015 Act are statutorily
SUMMARY: PHMSA is revising the based on the year the penalty was required ministerial acts, for which
maximum and minimum civil penalties established or last adjusted by statute or PHMSA has no discretion, and as a
for a knowing violation of the Federal regulation other than under the Inflation result public comment is unnecessary.
hazardous material transportation law Adjustment Act. The Agency or As such, notice and comment
or a regulation, order, special permit, or Department would then use the procedures are ‘‘impracticable,
approval issued under that law. The multiplier, based on the Consumer Price unnecessary, or contrary to the public
‘‘Federal Civil Penalties Inflation Index for October 2015 provided in a interest’’ within the meaning of the
Adjustment Act Improvements Act of table in that guidance document, and Administrative Procedure Act. 5 U.S.C.
2015’’ (the 2015 Act), which amended multiply it by the current penalty. 553(b)(3)(B).
the Federal Civil Penalties, Inflation Congress passed the Moving Ahead for
Adjustment Act of 1990 (the Inflation Progress in the 21st Century Act (MAP– II. Rulemaking Analyses and Notices
Adjustment Act), requires Agencies to 21) in 2012, which amended the A. Statutory/Legal Authority for This
update their civil monetary penalties maximum penalty for a knowing Rulemaking
through interim final rulemaking. The violation of the Federal hazardous
maximum civil penalty for a knowing material safety law, regulation, order, This interim final rule is published
violation is now $77,114, except for special permit, or approval to $75,000, under the authority of the Federal
violations that result in death, serious and to $175,000 for a person who hazardous materials transportation law
illness, or severe injury to any person or knowingly violates the Federal (49 U.S.C. 5101 et seq.). Section 5123(a)
substantial destruction of property, for hazardous material transportation law of that law provides civil penalties for
which the maximum civil penalty is or a regulation, order, special permit, or knowing violations of Federal
$179,933. In addition, the minimum approval issued under that law that hazardous material transportation law
civil penalty amount for a violation results in death, serious illness, or or a regulation, order, special permit, or
relating to training is now $463. severe injury to any person or approval issued under that law. This
DATES: Effective Date: August 1, 2016. substantial destruction of the property. rule revises the references in PHMSA’s
MAP–21 also added a $450 minimum regulations by (1) revising the maximum
FOR FURTHER INFORMATION CONTACT:
for a training violation. The multiplier penalty amount for a knowing violation
Laura Ulmer or Shawn Wolsey, Office of and a knowing violation resulting in
for 2012, which was the last year these
Chief Counsel, (202) 366–4400, Pipeline death, serious illness, or severe injury to
civil monetary penalties were amended
and Hazardous Materials Safety any person or substantial destruction of
by statute or regulation other than under
Administration, U.S. Department of property to $77,114 and $179,933,
the Inflation Adjustment Act, from the
Transportation, 1200 New Jersey respectively, and (2) revising the
guidance document is 1.02819. After
Avenue SE., Washington, DC 20590– minimum penalty amount to $463 for a
making the adjustment, all penalty
0001. levels must be rounded to the nearest violation related to training.
SUPPLEMENTARY INFORMATION: dollar, but no penalty level may be
B. Executive Order 12866, Executive
increased by more than 150 percent of
I. Civil Penalty Amendments Order 13563, and DOT Regulatory
mstockstill on DSK3G9T082PROD with RULES

corresponding penalty levels in effect
Section 701 of the ‘‘Federal Civil Policies and Procedures
on November 2, 2015.
Penalties Inflation Adjustment Act Accordingly, PHMSA is revising the This interim final rule has been
Improvements Act of 2015’’ (the 2015 references to the maximum and evaluated in accordance with existing
Act) (Pub. L. 114–74, 129 Stat. 599 minimum civil penalty amounts in its policies and procedures and determined
[November 2, 2015]), which amended regulations to reflect the changes to be non-significant under Executive
the Federal Civil Penalties, Inflation required by the 2015 Act. In 49 CFR Orders 12866 and 13563. However,

VerDate Sep<11>2014 16:45 Jun 28, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1

42268 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations

also reduce, eliminate, or prevent the causing of them to be transported or § 171.1 Applicability of Hazardous
unnecessary differences in regulatory shipped is liable for a civil penalty of Materials Regulations (HMR) to persons and
requirements. not more than $77,114 for each functions.
Similarly, the Trade Agreements Act violation, except the maximum civil * * * * *
of 1979 (Pub. L. 96–39), as amended by penalty is $179,933 if the violation (g) Penalties for noncompliance. Each
the Uruguay Round Agreements Act results in death, serious illness or severe person who knowingly violates a
(Pub. L. 103–465), prohibits Federal injury to any person or substantial requirement of the Federal hazardous
agencies from establishing any destruction of property. There is no material transportation law, an order
standards or engaging in related minimum civil penalty, except for a issued under Federal hazardous
activities that create unnecessary minimum civil penalty of $463 for material transportation law, subchapter
obstacles to the foreign commerce of the violations relating to training. When the A of this chapter, or a special permit or
United States. For purposes of these violation is a continuing one, each day approval issued under subchapter A or
requirements, Federal agencies may of the violation constitutes a separate C of this chapter is liable for a civil
participate in the establishment of offense. penalty of not more than $77,114 for
international standards, so long as the each violation, except the maximum
(b) A person who knowingly violates
standards have a legitimate domestic civil penalty is $179,933 if the violation
a requirement of the Federal hazardous
objective, such as providing for safety, results in death, serious illness or severe
material transportation law, an order
and do not operate to exclude imports injury to any person or substantial
issued thereunder, this subchapter,
that meet this objective. The statute also destruction of property. There is no
subchapter C of the chapter, or a special
requires consideration of international minimum civil penalty, except for a
permit or approval issued under this
standards and, where appropriate, that minimum civil penalty of $463 for a
subchapter applicable to the design,
they be the basis for U.S. standards. violation relating to training.
manufacture, fabrication, inspection,
PHMSA participates in the marking, maintenance, reconditioning, Issued in Washington, DC, on June 14,
establishment of international standards repair or testing of a package, container, 2016 under authority delegated in 49 CFR
in order to protect the safety of the or packaging component which is part 1.97.
American public, and we have assessed represented, marked, certified, or sold Marie Therese Dominguez,
the effects of the interim final rule to by that person as qualified for use in the Administrator, Pipeline and Hazardous
ensure that it does not cause transportation of hazardous materials in Materials Safety Administration.
unnecessary obstacles to foreign trade. commerce is liable for a civil penalty of [FR Doc. 2016–15404 Filed 6–28–16; 8:45 am]
Accordingly, this rulemaking is not more than $77,114 for each BILLING CODE 4910–60–P
consistent with Executive Order 13609 violation, except the maximum civil
and PHMSA’s obligations. penalty is $179,933 if the violation
List of Subjects results in death, serious illness or severe DEPARTMENT OF COMMERCE
injury to any person or substantial
49 CFR Part 107 destruction of property. There is no National Oceanic and Atmospheric
Administrative practices and minimum civil penalty, except for a Administration
procedure, Hazardous materials minimum civil penalty of $463 for
transportation, Packaging and violations relating to training. 50 CFR Part 223
containers, Penalties, Reporting and [Docket No. 1206013326–6497–03]
■ 3. In Appendix A to subpart D of part
recordkeeping requirements.
107, Section II.B. (‘‘Penalty Increases for RIN 0648–XA984
49 CFR Part 171 Multiple Counts’’), the first sentence of
General information, Regulations, and the second paragraph is revised to read Endangered and Threatened Wildlife
Definitions. as follows: and Plants: Final Listing Determination
on the Proposal To List the Nassau
In consideration of the foregoing, 49 Appendix A to Subpart D of Part 107—
Grouper as Threatened Under the
CFR Chapter I is amended as follows: Guidelines for Civil Penalties
Endangered Species Act
* * * * *
PART 107—HAZARDOUS MATERIALS Under the Federal hazmat law, 49 U.S.C. AGENCY: National Marine Fisheries
PROGRAM PROCEDURES 5123(a), each violation of the HMR and each Service (NMFS), National Oceanic and
day of a continuing violation (except for Atmospheric Administration (NOAA),
■ 1. The authority citation for part 107 violations relating to packaging manufacture Commerce.
is revised to read as follows: or qualification) is subject to a civil penalty ACTION: Final rule; request for
Authority: 49 U.S.C. 5101–5128, 44701; of up to $77,114 or $179,933 for a violation information.
Pub. L. 101–410 section 4; Pub. L. 104–121, occurring on or after August 1, 2016.
sections 212–213; Pub. L. 104–134, section * * * * * SUMMARY: We, NMFS, are publishing
31001; Pub. L. 114–74 section 4 (28 U.S.C. this final rule to implement our
2461 note); 49 CFR 1.81 and 1.97. PART 171—GENERAL INFORMATION, determination to list the Nassau grouper
■ 2. Revise § 107.329 to read as follows: REGULATIONS, AND DEFINITIONS (Epinephelus striatus) as threatened
under the Endangered Species Act of
§ 107.329 Maximum penalties. ■ 4. The authority citation for part 171 1973, as amended (ESA). We have
(a) A person who knowingly violates is revised to read as follows: completed a status review of the Nassau
mstockstill on DSK3G9T082PROD with RULES

a requirement of the Federal hazardous grouper in response to a petition
Authority: 49 U.S.C. 5101–5128, 44701;
material transportation law, an order Pub. L. 101–410 section 4; Pub. L. 104–134,
submitted by WildEarth Guardians.
issued thereunder, this subchapter, section 31001; Pub. L. 114–74 section 4 (28 After reviewing the best scientific and
subchapter C of the chapter, or a special U.S.C. 2461 note); 49 CFR 1.81 and 1.97. commercial data available, including
permit or approval issued under this the status review and comments
subchapter applicable to the ■ 5. In § 171.1, paragraph (g) is revised received on the proposed rule, we have
transportation of hazardous materials or to read as follows: determined that the Nassau grouper

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Document Created: 2018-02-08 07:42:36
Document Modified: 2018-02-08 07:42:36

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Interim final rule.
Dates		Effective Date: August 1, 2016.
Contact		Laura Ulmer or Shawn Wolsey, Office of Chief Counsel, (202) 366-4400, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
FR Citation		81 FR 42266
RIN Number		2137-AF23
CFR Citation		49 CFR 107 49 CFR 171
CFR Associated		Administrative Practices and Procedure; Hazardous Materials Transportation; Packaging and Containers; Penalties; Reporting and Recordkeeping Requirements; General Information; Regulations and Definitions

81 FR 42266 - Hazardous Materials: Revision of Maximum and Minimum Civil Penalties

DEPARTMENT OF TRANSPORTATIONPipeline and Hazardous Materials Safety Administration

Federal Register Volume 81, Issue 125 (June 29, 2016)

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration