PHMSA Issues Final Rule on Failure to Pay Fines

Safety & Compliance

The Pipeline and Hazardous Materials Safety Administration has published a final rule on the consequences of failing to pay civil penalties for violating the Hazardous Materials Regulations. 79 Fed. Reg. 46194 (August 7, 2014). The final rule prohibits a person who fails to pay a civil penalty as ordered, or fails to abide by a payment agreement, from performing activities regulated by the HMRs until payment is made. That would include preparing for shipment, offering for shipment, or transporting any regulated hazardous material in commerce. A person subject to the prohibition is notified in writing and given an opportunity to respond before being required to cease hazardous materials operations. The prohibitions of this final rule will apply to all final agency orders that assess penalties issued on or after the effective date of the final rule—September 8, 2014. Violations that do not substantially impact safety are handled through the ticket process under 49 CFR 107.310 and are exempt from this final rule.

Gases and Welding Distributors Association