49 CFR 190.223 - Maximum penalties.
(a) Any person found to have violated a provision of 49 U.S.C. 60101, et seq., or any regulations or orders issued thereunder, is subject to an administrative civil penalty not to exceed $209,002 for each violation for each day the violation continues, with a maximum administrative civil penalty not to exceed $2,090,022 for any related series of violations.
(b) Any person found to have violated a provision of 33 U.S.C. 1321(j) or any regulation or order issued thereunder is subject to an administrative civil penalty under 33 U.S.C. 1321(b)(6), as adjusted by 40 CFR 19.4.
(c) Any person found to have violated any standard or order under 49 U.S.C. 60103 is subject to an administrative civil penalty not to exceed $76,352, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section.
(d) Any person who is determined to have violated any standard or order under 49 U.S.C. 60129 is subject to an administrative civil penalty not to exceed $1,214, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section.
(e) Separate penalties for violating a regulation prescribed under this subchapter and for violating an order issued under §§ 190.206, 190.213, 190.233, or 190.239 may not be imposed under this section if both violations are based on the same act.
Title 49 published on 16-Dec-2017 04:00
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 190 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-08530 RIN -2137-AF16 Docket No. PHMSA-2016-0010 Amdt. No. 190-17 DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration Final rule. The effective date of this final rule is April 27, 2017. 49 CFR Part 190 The Pipeline and Hazardous Materials Safety Administration (PHMSA) is revising references in its regulations to the maximum civil penalties for violations of Federal pipeline safety laws, or any PHMSA regulations or orders issued thereunder. Under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990, Federal agencies are required to adjust their civil monetary penalties effective January 15, 2017, and annually thereafter, to account for changes in inflation. PHMSA finds good cause to amend the regulations related to civil penalties without notice or opportunity for public comment. Advance public notice is unnecessary for the reasons described in the SUPPLEMENTARY INFORMATION section.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-31461 RIN 2137-AE94 Docket No. PHMSA-2013-0163 Amdt. Nos. 190-19 191-25 192-123 195-101 199-27 DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration Final rule. This final rule is effective March 24, 2017. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of March 24, 2017. 49 CFR Parts 190, 191, 192, 195, and 199 PHMSA is amending the pipeline safety regulations to address requirements of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (2011 Act), and to update and clarify certain regulatory requirements. Among other provisions, PHMSA is adding a specific time frame for telephonic or electronic notifications of accidents and incidents and adding provisions for cost recovery for design reviews of certain new projects, for the renewal of expiring special permits, and setting out the process for requesting protection of confidential commercial information. PHMSA is also amending the drug and alcohol testing requirements, and incorporating consensus standards by reference for in-line inspection (ILI) and Stress Corrosion Cracking Direct Assessment (SCCDA).
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-24788 RIN 2137-AF26 Docket No. PHMSA-2016-0091 Amdt. No. 190-18 DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration Interim final rule. Effective date: This interim final rule is effective October 14, 2016. Comment date: Comments must be received by December 13, 2016. 49 CFR Part 190 This interim final rule (IFR) establishes regulations implementing the emergency order authority conferred on the Secretary of Transportation (Secretary) by the “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016” (PIPES Act). These regulations are mandated by the PIPES Act and, in accordance with the Act, PHMSA is establishing procedures for the issuance of emergency orders that will be used to address an unsafe condition or practice, or combination of unsafe conditions or practices, that pose an imminent hazard to public health and safety or the environment. By implementing this statutory mandate, PHMSA will enhance its existing enforcement authority to respond immediately to conditions or practices that exist in a subset of, or across, the pipeline industry. This IFR solely affects agency enforcement procedures to implement the emergency order provisions of the law and; therefore, this rulemaking results in no additional burden or compliance costs to industry. PHMSA is issuing this IFR because the PIPES Act directs PHMSA to first issue temporary regulations. However, the agency invites comments and will, if appropriate, make changes to the IFR prior to the issuance of a final rule, which the agency must issue, by statute, no later than 270 days following enactment of the PIPES Act.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-15529 RIN -2137-AF16 Docket No. PHMSA-2016-0010 DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration Interim final rule. The effective date of this interim final rule is August 1, 2016. 49 CFR Part 190 PHMSA is revising references in its regulations to the maximum civil penalties for violations of the Federal Pipeline Safety Laws, or any PHMSA regulation or order issued thereunder. Under the “Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,” which further amended the “Federal Civil Penalties Inflation Adjustment Act of 1990,” federal agencies are required to adjust their civil monetary penalties effective August 1, 2016, and then annually thereafter, to account for changes in inflation. PHMSA finds good cause to amend the regulation related to civil penalties without notice and opportunity for public comment. For the reasons described below, advance public notice is unnecessary.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-11119 RIN Docket No. PHMSA-2016-0032 DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration Notice of advisory committee meeting. The committees will meet as follows: • Wednesday, June 1, 2016, from 1:00 p.m. to 5:00 p.m., ET—GPAC only • Thursday, June 2, 2016, from 8:30 a.m. to 5:00 p.m., ET—Joint Meeting (GPAC/LPAC) • Friday, June 3, 2016, from 8:30 a.m. to 12:30 p.m., ET.—LPAC only 49 CFR Parts 190, 191, 192, 195, and 199 This notice announces a public meeting of the Gas Pipeline Advisory Committee (GPAC), also known as the Technical Pipeline Safety Standards Committee, and the Liquid Pipeline Advisory Committee (LPAC), also known as the Technical Hazardous Liquid Pipeline Safety Standards Committee. The GPAC will meet to discuss a proposed rulemaking to address regulatory requirements involving plastic piping systems used in gas services and both committees will meet jointly to discuss a proposed rulemaking to strengthen the federal pipeline safety regulations and to address sections 9 (accident and incident reporting) and 13 (cost recovery for design-review work) of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (2011 Act). Both committees will also be briefed on the “Pipeline Safety: Safety of Gas Transmission and Gathering Pipelines” proposed rulemaking.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-16264 RIN 2137-AE94 Docket No. PHMSA-2013-0163 DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration Notice of proposed rulemaking. Submit comments by September 8, 2015. 49 CFR Parts 190, 191, 192, 195, and 199 PHMSA is proposing amendments to the pipeline safety regulations to address requirements of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (2011 Act), and to update and clarify certain regulatory requirements. Among other provisions, PHMSA is proposing to add a specific time frame for telephonic or electronic notifications of accidents and incidents and add provisions for cost recovery for design reviews of certain new projects, for the renewal of expiring special permits, and for submitters of information to request PHMSA keep the information confidential. We are also proposing changes to the operator qualification (OQ) requirements and drug and alcohol testing requirements and incorporating consensus standards by reference for in-line inspection (ILI) and Stress Corrosion Cracking Direct Assessment (SCCDA).
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-23047 RIN 2137-AE92 Docket No. PHMSA-2012-0102 Amdt. Nos. 190-16, 192-118, 193-24, 195-98, 199-25 DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration Final rule. The effective date of these amendments is October 25, 2013. 49 CFR Parts 190, 192, 193, 195, and 199 PHMSA is amending the pipeline safety regulations to update the administrative civil penalty maximums for violation of the safety standards to reflect current law, to update the informal hearing and adjudication process for pipeline enforcement matters to reflect current law, and to make other technical corrections and updates to certain administrative procedures. The amendments do not impose any new operating, maintenance, or other substantive requirements on pipeline owners or operators.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-19571 RIN 2137-AE29 Docket No. PHMSA-2012-0102 DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration Notice of proposed rulemaking. Persons interested in submitting written comments on the rule amendments proposed in this document must do so by September 12, 2012. PHMSA will consider comments filed after this date so far as practicable. 49 CFR Parts 190, 192, 193, 195, and 199 This Notice of Proposed Rulemaking updates the administrative civil penalty maximums for violation of the pipeline safety regulations to conform to current law, updates the informal hearing and adjudication process for pipeline enforcement matters to conform to current law, amends other administrative procedures used by PHMSA personnel, and makes other technical corrections and updates to certain administrative procedures. The proposed amendments do not impose any new operating, maintenance, or other substantive requirements on pipeline owners or operators.