No HazMat Operations Until Fines Paid
PHMSA 09-24 NPRM no HM until pay fines.pdf
On September 24, 2013 (78 FR 58501), the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Proposed Rulemaking (NPRM) to consider revisions to its Hazardous Material Regulations (HMR) in 49 CFR Parts 107 & 109 prohibiting a person who fails to pay a civil penalty as ordered by any of the four agencies within the Department of Transportation (DOT) who enforce the HMR under authority delegated by the Secretary of Transportation, the Federal Aviation Administration (FAA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Railroad Administration (FRA), and the Pipeline and Hazardous Materials Safety Administration (PHMSA); or who fails to abide by a payment agreement, from performing activities regulated by the HMR until payment is made. The rules of practice for hazardous materials penalty proceedings are governed by each agency’s delegated regulatory authority. Each agency affected by this proposed rule will have the authority to apply these proposed provisions as an augmentation of its current enforcement and debt collection practices after an enforcement action has been fully adjudicated and the entity ordered to pay a penalty has failed to do so. Comments must be received by November 25, 2013.
