INCREASED CIVIL PENALTIES
USCG AND USPS TRYING TO KEEP UP WITH INFLATION
Let’s be honest who isn’t trying to keep up with inflation these days? Well, in accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act), The Department of Homeland Security (DHS) has made their 2022 inflation adjustments to its civil penalties.
Today we will be specifically focusing on the United States Coast Guard (USCG) and the United States Postal Service (USPS). Up first is the USGC. The USCG is tasked with protecting our borders and economic interests from many different threats, including those related to the transportation of hazardous materials by vessel, which they enforce through the regulations found in 49 Code of Federal Regulations (49 CFR) and the International Maritime Dangerous Goods Code (IMDG Code).
Already in effect as of January 11, 2022 we find:
THE USCG
- Hazmat violations related to vessels- The maximum civil penalty increased to $89,678 per day, per violation from the previous year of $84,425 which is a 6.22209% increase.
- Violations resulting in death, serious injury, or substantial property damage- The maximum civil penalty increased to $209,249 per day, per violation from the previous year of $196,992, which is a 6.22208% increase.
- Hazmat Training Violations- The minimum civil penalty increased to $540 per day, per violation from the previous year of $508 which is an increase of 6.29921%
USPS
- The maximum and minimum civil penalties both increased to a maximum of $137,060 per violation and a minimum of $344 per violation and will apply to those individuals who:
- Knowingly mail restricted hazardous materials; and/or
- Fail to follow postal laws on mailing hazardous materials.
Keep in mind, The USPS rules can be found in Publication 52 and are more restrictive than those found in the 49 CFR as only certain classes and divisions of hazardous materials, in small quantities, can be shipped in the USPS mail system.
For a full review of the Final Rule click HERE
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