FRA Revises Civil Monetary Penalties for Hazmat Violations
The Federal Railroad Administration has issued a final rule, effective February 12, 2013, which will amend certain statutory civil monetary penalty provisions pursuant to the Moving Ahead for Progress in the 21st Century Act enacted July 6, 2012. Under the act, FRA is eliminating the minimum penalty for other than a training violation and adjusting the ordinary maximum penalty and the aggravated maximum penalty that applies when setting a civil monetary penalty for violation of the federal hazardous materials transportation laws or a regulation, special permit or approval issued under those laws. The amendments also revise references to those minimums and maximums in FRA civil penalty assessment guidelines to conform to the statutory changes.
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The final rule applies to all breaches of federal hazmat transportation laws occurring on or after October 1, 2012. The maximum civil penalty will be increased from $50,000 to $75,000 for a knowing violation and from $100,000 to $175,000 if the violation results in death, serious illness or severe injury to any person, or substantial property destruction. The minimum civil penalty of $250 is eliminated, except that a minimum penalty of $450 still applies to training-related violations.