Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 22795 

3Shiftwork involving circadian rhythm 

disruption has been classified by IARC as probably 

carcinogenic based in part on limited evidence in 

humans demonstrating an increased risk of breast 

cancer among shiftworkers who work at night. IARC 

notes that mechanistic studies suggest that exposure 

to light at night may increase the risk of breast 

cancer by suppressing the normal nocturnal 

production of melatonin, which in turn, may alter 

gene expression in cancer-related pathways [Straif, 

et al. 2007]. NTP has not yet examined the evidence 

for an association of shiftwork and breast cancer, 

however, NTP recently requested comment from the 

public on whether shiftwork involving light at night 

should be nominated for possible review for future 

editions of the RoC. [NTP 2012] The Administrator 

was not aware of any published exposure 

assessment study of shiftwork and 9/11, although 

the Administrator was aware that extended work 

hours for many responders occurred at all three 9/ 

11 sites over several months. Thus the evidence 

supporting an association between shiftwork and 

breast cancer did not meet all of the requirements 

of Method 3; however, the Administrator felt the 

STAC’s recommendation and support for an 

association between shiftwork and female breast 

cancer was sufficient to add breast cancer to the List 

of WTC-Related Health Conditions based on 

Method 4. 

4Lauby-Secretan B, Loomis D, Grosse Y, El 

Ghissassi F, Bouvard V, Benbrahim-Tallaa L, Guha 

N, Baan R, Mattock H, Straif K (on behalf of IARC 

Monograph Working Group) [2013]. Carcinogenicity 

of Polychlorinated Biphenyls and Polybrominated 

Biphenyls. The Lancet Oncology 14(4):287–288. 

5According to the Lancet article, the Working 

Group’s assessments will be published as volume 

107 of the IARC Monographs. 

6Butt CM, Diamond ML, Truong J, Ikonomou MG, 

Helm PA, Stern GA [2004]. Semivolatile organic 

compounds in window films from lower Manhattan 

after the September 11th World Trade Center 

attacks. Environmental Science & Technology. 

38(13):3514–3524. 

Lorber M, Gibb H, Grant L, Pinto J, Pleil J, 

Cleverly D [2007]. Assessment of inhalation 

exposures and potential health risks to the general 

population that resulted from the collapse of the 

World Trade Center towers. Risk Anal 27(5):1203– 

21. 

Lioy PJ, Gochfeld M [2002]. Lessons learned on 

environmental, occupational, and residential 

exposures from the attack on the World Trade 

Center. Am J Ind Med 42(6):560–565. 

7NTP (National Toxicology Program) [2011]. 12th 

Report on Carcinogens. National Toxicology 

Program, Public Health Service, U.S. Department of 

Health and Human Services, Research Triangle 

Park, NC. http://ntp.niehs.nih.gov/ntp/roc/twelfth/ 

profiles/PolychlorinatedBiphenyls.pdf. Accessed 

March 28, 2013. 

involving circadian rhythm disruption, 

as a 9/11 exposure, could be associated 

with breast cancer.3 For that reason, the 

Administrator determined that breast 

cancer would be included on the List, 

but that the relevant exposures would 

be limited to nighttime sleep disruption 

related to response and cleanup 

activities (including shiftwork). 

Accordingly, the WTC Health Program 

has only considered exposure to 

nighttime sleep disruption related to 

response and cleanup activities when 

certifying breast cancers for treatment in 

WTC responders and survivors. 

C. New Information on Breast Cancer 

and PCBs 

On March 15, 2013, the IARC 

Monograph Working Group announced 

a change in its classification of 

polychlorinated biphenyls (PCBs). 

According to the Working Group’s 

article, published in The Lancet 

Oncology,4 a review of more than 70 

epidemiological studies led IARC to 

determine that the studies provided 

limited evidence of increased risks for 

breast cancer for individuals with 

exposures to PCBs.5

In reviewing this new information, 

the Administrator finds that all of the 

criteria in Method 3 supporting the 

addition of breast cancer to the List 

based on PCB exposures are now 

satisfied: PCBs have been reported in 

several exposure assessment studies of 

responders or survivors of the 

September 11, 2001, terrorist attacks in 

New York City (Method 3A); 6 NTP 

identified PCBs as reasonably 

anticipated to be a human carcinogen 7

and IARC has recently found limited 

evidence that PCBs cause breast cancer 

(Method 3B). 

Consequently, the Administrator finds 

that PCB exposures associated with the 

9/11 attacks (including response and 

remediation activities) qualify as 

another exposure basis—in addition to 

nighttime sleep disruption related to 

response and cleanup activities 

(including shiftwork)—for certifying a 

member’s breast cancer for treatment. 

D. Effect on Breast Cancer Coverage 

As a result of this finding by the 

Administrator, eligible responders and 

survivors who experienced the requisite 

exposure to either nighttime sleep 

disruption related to response and 

cleanup activities (including shiftwork) 

or PCBs (in dust and smoke) resulting 

from the 9/11 attacks may be certified 

for treatment of breast cancer. 

Dated: April 11, 2013. 

John Howard, 

Director, National Institute for Occupational 

Safety and Health, Centers for Disease Control 

and Prevention. 

[FR Doc. 2013–09003 Filed 4–16–13; 8:45 am] 

BILLING CODE 4163–19–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Part 1552 

[EPA–HQ–OARM–2012–0196; FRL–9800–6] 

EPAAR Clause for Printing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) amends the EPA 

Acquisition Regulation (EPAAR) to 

update policy, procedures, and contract 

clauses. The final rule provides updates 

to outdated information previously in 

the EPAAR Printing clause. 

DATES: This final rule is effective on 

April 17, 2013. 

ADDRESSES: Docket: All documents in 

the docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov, 

or in hard copy at the Office of 

Environmental Information (OEI) 

Docket, EPA/DC, EPA West, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the EPA Docket Center is (202) 566– 

1752. This Docket Facility is open from 

8:30 a.m. to 4:30 p.m. Monday through 

Friday, excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Valentino, Policy, Training, and 

Oversight Division, Office of 

Acquisition Management (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: 202–564– 

4522; email address: 

valentino.thomas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In 2011 the EPA reviewed EPAAR 

clause 1552.208–70, Printing. Review 

was performed to reconsider the 

electronic reproduction threshold under 

which vendors may provide contract 

deliverables without violating 

mandatory printing source 

requirements. Reconsideration of the 

reproduction threshold was warranted 

given the ease with which electronic 

media may be reproduced. The clause is 

also being updated to clarify that EPA’s 

Print Management Team is the 

processing office responsible for clause 

printing requirement waivers provided 

by the Joint Committee on Printing. 

Finally, the definition of non-paper 

copies that the contractor may provide 

has been expanded to include other 

types of portable electronic media in 

addition to compact discs. As such, the 


erowe on DSK2VPTVN1PROD with RULES
22796 Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 

updates to the clause raise the limit for 

contractor-provided non-paper copies 

from 100 to 500, and clarifies that EPA’s 

Print Management Team is the 

processing office responsible for clause 

printing requirement waivers. On 

October 4, 2012 (77 FR 60667) EPA 

sought comments on the proposed rule 

and received no comments. 

II. Final Rule 

This final rule amends the EPAAR to 

revise the following within the Printing 

clause: 1. Paragraph (d)(2)—changed 

from ‘‘the contracting officer must 

obtain a waiver from the U.S. Congress 

Joint Committee on Printing’’ to ‘‘Only 

the Joint Committee on Printing has the 

authority to grant waivers to the 

printing requirements. All Agency 

waiver requests must be coordinated 

with EPA’s Headquarters Printing 

Management Team, Facilities and 

Services Division, and with the Office of 

General Counsel.’’ 

2. Paragraph (d)(3)—changed from 

‘‘the contracting officer must obtain a 

waiver from the U.S. Congress Joint 

Committee on Printing’’ to ‘‘Only the 

Joint Committee on Printing has the 

authority to grant waivers to the 

printing requirements. All Agency 

waiver requests must be coordinated 

with EPA’s Headquarters Printing 

Management Team, Facilities and 

Services Division, and with the Office of 

General Counsel.’’ 

3. Paragraph (d)(4)—changed from 

‘‘the contracting officer must obtain a 

waiver from the U.S. Congress Joint 

Committee on Printing’’ to ‘‘Only the 

Joint Committee on Printing has the 

authority to grant waivers to the 

printing requirements. All Agency 

waiver requests must be coordinated 

with EPA’s Headquarters Printing 

Management Team, Facilities and 

Services Division, and with the Office of 

General Counsel.’’ 

4. Paragraph (d)(4)—duplication limit 

changed from 100 to 500. 

5. Paragraph (d)(4)—examples of nonpaper duplication expanded from ‘‘CDs/ 

DVDs’’ to ‘‘electronic information 

storage device.’’ 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO)12866 (58 FR 

51735, October 4, 1993) and therefore, 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. No 

information is collected under this 

action. 

C. Regulatory Flexibility Act (RFA), as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq. 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute; unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impact 

of today’s final rule on small entities, 

‘‘small entity’’ is defined as: (1) A small 

business that meets the definition of a 

small business found in the Small 

Business Act and codified at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This action revises a current EPAAR 

provision and does not impose 

requirements involving capital 

investment, implementing procedures, 

or record keeping. This rule will not 

have a significant economic impact on 

small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, Local, 

and Tribal governments and the private 

sector. 

This rule contains no Federal 

mandates (under the regulatory 

provisions of the Title II of the UMRA) 

for State, Local, and Tribal governments 

or the private sector. The rule imposes 

no enforceable duty on any State, Local 

or Tribal governments or the private 

sector. Thus, the rule is not subject to 

the requirements of Sections 202 and 

205 of the UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and Local officials in the development 

of regulatory policies that have 

federalism implications.’’ ‘‘Policies that 

have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

This rule does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government as specified in 

Executive Order 13132. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Goverments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule does not have 

tribal implications as specified in 

Executive Order 13175. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health and Safety Risks’’ 

(62 FR 19885, April 23, 1997), applies 

to any rule that: (1) Is determined to be 

economically significant as defined 

under Executive Order 12886, and (2) 

concerns an environmental health or 

safety risk that may have a 

proportionate effect on children. This 

rule is not subject to Executive Order 

13045 because it is not an economically 

significant rule as defined by Executive 

Order 12866, and because it does not 

involve decisions on environmental 

health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This final rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 


erowe on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 22797 

Significantly Affect Energy Supply, 

Distribution of Use’’ (66 FR 28335, May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act of 1995 (NTTAA) 

Section 12(d) (15 U.S.C. 272 note) of 

NTTA, Public Law 104–113, directs 

EPA to use voluntary consensus 

standards in it’s regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This final rulemaking does not 

involve technical standards. Therefore, 

EPA is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629, Feb. 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This rulemaking does not 

involve human health or environmental 

affects. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804 

exempts from section 801 the following 

types of rules (1) rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding today’s action under section 

801 because this is a rule of agency 

organization, procedure, or practice that 

does not substantially affect the rights or 

obligations of non-agency parties. 

List of Subjects in 48 CFR Part 1552 

Government procurement, Reporting 

and recordkeeping requirements. 

Dated: April 1, 2013. 

John R. Bashista, 

Director, Office of Acquisition Management. 

Therefore, 48 CFR Chapter 15 is 

amended as set forth below: 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for part 1552 

continues to read as follows: 

Authority: 5 U.S.C. 301; Sec. 205(c), 63 

Stat. 390, as amended, 40 U.S.C. 486(c); and 

41 U.S.C. 418b. 

■ 2. Revise 1552.208–70 to read as 

follows: 

1552.208–70 Printing. 

As prescribed in 1508.870, insert the 

following clause: 

Printing (SEP 2012) 

(a) Definitions. ‘‘Printing’’ is the process of 

composition, plate making, presswork, 

binding and microform; or the end items 

produced by such processes and equipment. 

Printing services include newsletter 

production and periodicals which are 

prohibited under EPA contracts. 

‘‘Composition’’ applies to the setting of 

type by hot-metal casting, photo typesetting, 

or electronic character generating devices for 

the purpose of producing camera copy, 

negatives, a plate or image to be used in the 

production of printing or microform. 

‘‘Camera copy’’ (or ‘‘camera-ready copy’’) 

is a final document suitable for printing/ 

duplication. 

‘‘Desktop Publishing’’ is a method of 

composition using computers with the final 

output or generation of a camera copy done 

by a color inkjet or color laser printer. This 

is not considered ‘‘printing.’’ However, if the 

output from desktop publishing is being sent 

to a typesetting device (i.e., Linotronic) with 

camera copy being produced in either paper 

or negative format, these services are 

considered ‘‘printing.’’ 

‘‘Microform’’ is any product produced in a 

miniaturized image format, for mass or 

general distribution and as a substitute for 

conventionally printed material. Microform 

services are classified as printing services 

and include microfiche and microfilm. The 

contractor may make up to two sets of 

microform files for archival purposes at the 

end of the contract period of performance. 

‘‘Duplication’’ means the making of copies 

on photocopy machines employing 

electrostatic, thermal, or other processes 

without using an intermediary such as a 

negative or plate. 

‘‘Requirement’’ means an individual 

photocopying task. (There may be multiple 

requirements under a Work Assignment or 

Delivery Order. Each requirement would be 

subject to the duplication limitation of 5,000 

copies of one page or 25,000 copies of 

multiple pages in the aggregate per 

requirement). 

‘‘Incidental’’ means a draft and/or proofed 

document (not a final document) that is not 

prohibited from printing under EPA 

contracts. 

(b) Prohibition. (1) The contractor shall not 

engage in, nor subcontract for, any printing 

in connection with the performance of work 

under this contract. Duplication of more than 

5,000 copies of one page or more than 25,000 

copies of multiple pages in the aggregate per 

requirement constitutes printing. The intent 

of the printing limitation is to eliminate 

duplication of final documents. 

(2) In compliance with EPA Order 2200.4a, 

EPA Publication Review Procedure, the 

Office of Communications, Education, and 

Media Relations is responsible for the review 

of materials generated under a contract 

published or issued by the Agency under a 

contract intended for release to the public. 

(c) Affirmative Requirements. (1) Unless 

otherwise directed by the contracting officer, 

the contractor shall use double-sided copying 

to produce any progress report, draft report 

or final report. 

(2) Unless otherwise directed by the 

contracting officer, the contractor shall use 

recycled paper for reports delivered to the 

Agency which meet the minimum content 

standards for paper and paper products as set 

forth in EPA’s Web site for the 

Comprehensive Procurement Guidelines at: 

http://www.epa.gov/cpg/. 

(d) Permitted Contractor Activities. (1) The 

prohibitions contained in paragraph (b) do 

not preclude writing, editing, or preparing 

manuscript copy, or preparing related 

illustrative material to a final document 

(camera-ready copy) using desktop 

publishing. 

(2) The contractor may perform a 

requirement involving the duplication of less 

than 5,000 copies of only one page, or less 

than 25,000 copies of multiple pages in the 

aggregate, using one color (black), such pages 

shall not exceed the maximum image size of 

103⁄4 by 141⁄4 inches, or 11 by 17 paper stock. 

Duplication services below these thresholds 

are not considered printing. If performance of 

the contract will require duplication in 

excess of these thresholds, contractors must 

immediately notify the contracting officer in 

writing and a waiver must be obtained. Only 

the Joint Committee on Printing has the 

authority to grant waivers to the printing 

requirements. All Agency waiver requests 

must be coordinated with EPA’s 


erowe on DSK2VPTVN1PROD with RULES
22798 Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 

1Pursuant to the July 2008 guidance Promotional 

Communications for EPA, a thumb drive can be 

used as a promotional item, but it also must be an 

information medium in itself. Namely, it must have 

substantive EPA information already loaded into 

the drive. Due to its intrinsic material value, it may 

not be used simply or primarily to display an EPA 

message on the exterior of the drive. 

Headquarters Printing Management Team, 

Facilities and Services Division, and with the 

Office of General Counsel. Duplication 

services of ‘‘incidentals’’ in excess of the 

thresholds are allowable. 

(3) The contractor may perform a 

requirement involving the multi-color 

duplication of no more than 100 pages in the 

aggregate using color copier technology, such 

pages shall not exceed the maximum image 

size of 103⁄4 by 141⁄4 inches, or 11 by 17 paper 

stock. Duplication services below these 

thresholds are not considered printing. If 

performance of the contract will require 

duplication in excess of these limits, 

contractors must immediately notify the 

contracting officer in writing and a waiver 

must be obtained. Only the Joint Committee 

on Printing has the authority to grant waivers 

to the printing requirements. All Agency 

waiver requests must be coordinated with 

EPA’s Headquarters Printing Management 

Team, Facilities and Services Division, and 

with the Office of General Counsel. 

(4) The contractor may perform the 

duplication of no more than a total of 500 

units of an electronic information storage 

device (e.g., CD–ROMs, DVDs, thumb 

drives 1) (including labeling and packaging) 

per work assignment or task order/delivery 

order per contract year. Duplication services 

below these thresholds are not considered 

printing. If performance of the contract will 

require duplication in excess of these 

thresholds, contractors must immediately 

notify the contracting officer in writing and 

a waiver must be obtained. Only the Joint 

Committee on Printing has the authority to 

grant waivers to the printing requirements. 

All Agency waiver requests must be 

coordinated with EPA’s Headquarters 

Printing Management Team, Facilities and 

Services Division, and with the Office of 

General Counsel. 

(e) Violations. The contractor may not 

engage in, nor subcontract for, any printing 

in connection with the performance of work 

under the contract. The cost of any printing 

services in violation of this clause will be 

disallowed, or not accepted by the 

Government. 

(f) Flowdown Clause. The contractor shall 

include in each subcontract which may 

involve a requirement for any printing/ 

duplicating/copying a provision substantially 

the same as this clause. 

(End of clause) 

[FR Doc. 2013–08922 Filed 4–16–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 107 and 171 

[Docket No. PHMSA–2012–0257 (HM–258)] 

RIN 2137–AE96 

Hazardous Materials: Revision of 

Maximum and Minimum Civil Penalties 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Final rule. 

SUMMARY: PHMSA is revising the 

references in its regulations to the 

maximum and minimum civil penalties 

for a knowing violation of the Federal 

hazardous material transportation law 

or a regulation, order, special permit, or 

approval issued under that law. As 

amended in the ‘‘Moving Ahead for 

Progress in the 21st Century Act’’ 

(MAP–21), effective October 1, 2012, the 

maximum civil penalty for a knowing 

violation is now $75,000, except that the 

maximum civil penalty is $175,000 for 

a violation that results in death, serious 

illness, or severe injury to any person or 

substantial destruction of property. In 

addition, there is no longer a minimum 

civil penalty amount, except that the 

minimum civil penalty amount of $450 

applies to a violation relating to 

training. 

DATES: Effective Date: April 17, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Boothe, Office of Hazardous 

Materials Safety, (202) 366–8553; or 

Joseph Solomey, Office of Chief 

Counsel, (202) 366–4400, Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

SUPPLEMENTARY INFORMATION: 

I. Civil Penalty Amendments 

In Section 33010 of MAP–21 (Pub. L. 

112–141, 126 Stat. 837 [July 6, 2012]), 

Congress revised the maximum and 

minimum civil penalties set forth in 49 

U.S.C. 5123(a) for a knowing violation 

of the Federal hazardous material 

transportation law or a regulation, order, 

special permit, or approval issued under 

that law. These changes to the civil 

penalty amounts apply to violations 

occurring on or after October 1, 2012. 

Accordingly, PHMSA is revising the 

references to the maximum and 

minimum civil penalty amounts in its 

regulations to reflect the changes to 

Section 5123 of the Federal hazardous 

material transportation law. In 49 CFR 

107.329, Appendix A to subpart D of 49 

CFR part 107, and 49 CFR 171.1, we are: 

• Revising the maximum civil penalty 

from $55,000 to $75,000 for a person 

who knowingly violates the Federal 

hazardous material transportation law 

or a regulation, order, special permit, or 

approval issued under that law. 

• Revising the maximum civil penalty 

from $110,000 to $175,000 for a person 

who knowingly violates the Federal 

hazardous material transportation law 

or a regulation, order, special permit, or 

approval issued under that law that 

results in death, serious illness, or 

severe injury to any person or 

substantial destruction of the property. 

• Removing the current $250 

minimum civil penalty and revising the 

minimum penalty amount to $450 for a 

violation related to training. 

Because these revisions simply set 

forth changes in the law and are part of 

PHMSA’s general statements of agency 

policy and procedure, notice and 

comment is not necessary. 

II. Rulemaking Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This final rule is published under the 

authority of the Federal hazardous 

materials transportation law (49 U.S.C. 

5101 et seq.). Section 5123(a) of that law 

provides civil penalties for knowing 

violations of Federal hazardous material 

transportation law or a regulation, order, 

special permit, or approval issued under 

that law. This rule revises the references 

in PHMSA’s regulations by (1) revising 

the maximum penalty amount for a 

knowing violation and a knowing 

violation resulting in death, serious 

illness, or severe injury to any person or 

substantial destruction of property to 

$75,000 and $175,000, respectively, and 

(2) removing the minimum penalty 

amount, except for the minimum 

penalty amount of $450 for a violation 

related to training. 

B. Executive Order 12866, Executive 

Order 13563, and DOT Regulatory 

Policies and Procedures 

This final rule has been evaluated in 

accordance with existing policies and 

procedures and determined to be nonsignificant under Executive Orders 

12866 and 13563. Accordingly, this 

final rule was not reviewed by the 

Office of Management and Budget 

(OMB). Further, this rule is not a 

significant regulatory action under the 

Regulatory Policies and Procedures of 

the DOT because it is limited to a 

ministerial act on which the agency has 


erowe on DSK2VPTVN1PROD with RULES