PHMSA's Office of Hazardous Materials Safety performs a range of functions to support the safe transport of hazardous material. These are outlined at http://phmsa.dot.gov/hazmat/about

Under law, certain offerers and transporters of hazardous materials are required to register with the Department of Transportation and pay a registration fee. Hazmat registration fees are redistributed as Hazardous Materials Emergency Preparedness grants (HMEP) to approved emergency responders for hazmat training and to States, Local Emergency Planning Committees (LEPCs) and Indian Tribes for hazmat planning. Learn more at http://phmsa.dot.gov/hazmat/registration

PHMSA has 35 hazardous materials investigators who conduct risk based compliance inspections and complaint investigations of companies subject to the hazmat regulations. PHMSA investigators foster partnership roles with other Federal agencies and state and local governments to conduct investigations of packaging manufacturers, requalifiers, reconditioners, and certifiers, shippers, freight consolidators, and freight forwarders. The investigators review company procedures, practices, and operations for compliance with the regulations and recommend enforcement action for violation of the regulations. Outreach and education is always an integral part of every operation.

The correct term is "civil penalties," not "fines." Federal hazardous materials law has set $50,000 as the maximum civil penalty that may be assessed for a violation with $250 as the minimum civil penalty, except for training violations which are set at a minimum of $450. If an inspection has revealed violations warranting the initiation of a civil penalty enforcement case, the matter is referred to PHMSA's Office of Chief Counsel.

An Office of Chief Counsel attorney then prepares a Notice of Probable Violation, proposing a civil penalty. The company may respond to this Notice by paying the penalty or providing information in its defense.

If the company does not pay the penalty, then its information is evaluated. If the Chief Counsel determines the penalty should be assessed, an Order is issued which makes a formal finding of violation and assesses a civil penalty.

If a company still does not pay the penalty, debt collection procedures are initiated.

Current Penalty Guidelines can be found at http://ecfr.gpoaccess.gov/cgi/t/text/ text-idx?c=ecfr&sid=671ee400bb5cd6232cbe1db0f13014f9& rgn=div9&view=text&node=49:2.1.1.1.3.4.25.23.1&idno=49

For further information, recent changes in rules and regulations and a list of recent penalty actions please visit http://hazmat.dot.gov/enforce/hmenforce.htm [Web Editors Note: the website has changed, please reference /hazmat/enforcement/civil-penalty-action-reports  for reports or /hazmat/enforcement  for more general information.]

OHME enforces the requirement to submit a telephonic and/or written report (DOT Form 5800.1) following the unintentional release of hazardous materials in transportation.

The penalty action reports, or enforcement notices, provide the name of company and type of business, a summary of the violations, and the civil penalty paid. Information about corrective actions is not made available to the public and is not kept in statistical form.

Incident Data can be found at http://phmsa.dot.gov/hazmat/library/data-stats/incidents

Rulemakings, Federal Register Notices, and other pertinent information can be accessed at http://hazmat.dot.gov/hazmat/regs

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