§ 60122. — Civil penalties.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60122]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60122. Civil penalties
(a) General Penalties.--(1) A person that the Secretary of
Transportation decides, after written notice and an opportunity for a
hearing, has violated section 60114(b) or 60118(a) of this title or a
regulation prescribed or order issued under this chapter is liable to
the United States Government for a civil penalty of not more than
$100,000 for each violation. A separate violation occurs for each day
the violation continues. The maximum civil penalty under this paragraph
for a related series of violations is $1,000,000.
(2) A person violating a standard or order under section 60103 or
60111 of this title is liable to the Government for a civil penalty of
not more than $50,000 for each violation. A penalty under this paragraph
may be imposed in addition to penalties imposed under paragraph (1) of
this subsection.
(3) A person violating section 60129, or an order issued thereunder,
is liable to the Government for a civil penalty of not more than $1,000
for each violation. The penalties provided by paragraph (1) do not apply
to a violation of section 60129 or an order issued thereunder.
(b) Penalty Considerations.--In determining the amount of a civil
penalty under this section--
(1) the Secretary shall consider--
(A) the nature, circumstances, and gravity of the violation,
including adverse impact on the environment;
(B) with respect to the violator, the degree of culpability,
any history of prior violations, the ability to pay, and any
effect on ability to continue doing business; and
(C) good faith in attempting to comply; and
(2) the Secretary may consider--
(A) the economic benefit gained from the violation without
any reduction because of subsequent damages; and
(B) other matters that justice requires.
(c) Collection and Compromise.--(1) The Secretary may request the
Attorney General to bring a civil action in an appropriate district
court of the United States to collect a civil penalty imposed under this
section.
(2) The Secretary may compromise the amount of a civil penalty
imposed under this section before referral to the Attorney General.
(d) Setoff.--The Government may deduct the amount of a civil penalty
imposed or compromised under this section from amounts it owes the
person liable for the penalty.
(e) Deposit in Treasury.--Amounts collected under this section shall
be deposited in the Treasury as miscellaneous receipts.
(f) Prohibition on Multiple Penalties for Same Act.--Separate
penalties for violating a regulation prescribed under this chapter and
for violating an order under section 60112 or 60118(b) of this title may
not be imposed under this chapter if both violations are based on the
same act.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1325; Pub. L. 107-
355, Secs. 6(b), 8(b)(1), (2), 21(3), Dec. 17, 2002, 116 Stat. 2992,
2993, 3010.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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60122(a)(1)........................... 49 App.:1679a(a)(1), (3) (1st Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
sentence). 720, Sec. 11(a); added Nov. 30, 1979,
Pub. L. 96-129, Secs. 104(b), 154, 93
Stat. 992, 1002; Oct. 31, 1988, Pub.
L. 100-561, Sec. 106, 102 Stat. 2807;
Oct. 24, 1992, Pub. L. 102-508, Secs.
112(a), 304(b), 106 Stat. 3295, 3308.
49 App.:2007(a)(1), (2) (1st Nov. 30, 1979, Pub. L. 96-129, Sec.
sentence). 208(a), (b), (d), 93 Stat. 1009, 1010;
Oct. 31, 1988, Pub. L. 100-561, Sec.
205, 102 Stat. 2811; Oct. 24, 1992,
Pub. L. 102-508, Sec. 211(a), 106
Stat. 3304.
60122(a)(2)........................... 49 App.:1679a(a)(2).
60122(b).............................. 49 App.:1679a(a)(3) (last
sentence).
49 App.:2007(a)(2) (last
sentence).
60122(c).............................. 49 App.:1679a(b) (1st Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
sentence). 720, Sec. 11(b), (d); added Nov. 30,
1979, Pub. L. 96-129, Sec. 104(b), 93
Stat. 992, 993.
49 App.:2007(b) (1st sentence).
60122(d).............................. 49 App.:1679a(b) (2d sentence).
49 App.:2007(b) (2d sentence).
60122(e).............................. 49 App.:1679a(b) (last
sentence).
49 App.:2007(b) (last
sentence).
60122(f).............................. 49 App.:1679a(d).
49 App.:2007(d).
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In subsection (a)(1), the word ``prescribed'' is added for
consistency in the revised title and with other titles of the United
States Code. The words ``including any order issued under sections
1677(b) and 1679b(b)'' in 49 App.:1679a(a)(1) and ``including any order
issued under section 2006(b) or 2008(b)'' in 49 App.:2007(a)(1) are
omitted as surplus. The word ``occurs'' is added for clarity.
In subsection (a)(2), the words ``is determined by the Secretary to
have'' are omitted as surplus. The words ``for each violation'' are
added for clarity and consistency. The word ``imposed'' is substituted
for ``to which such person may be subject'' for consistency and to
eliminate unnecessary words.
In subsection (b)(2), the word ``violator'' is substituted for ``the
person found to have committed the violation'' for consistency and to
eliminate unnecessary words. The words ``the penalty'' are omitted as
surplus.
In subsection (c)(1), the words ``The Secretary may request the
Attorney General to bring a civil action'' are substituted for ``in an
action brought by the Attorney General on behalf of the United States''
for clarity, to eliminate unnecessary words, and because of 28:2461 and
rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (d), the words ``imposed or compromised under this
section'' are substituted for ``of the penalty, when finally determined
(or agreed upon in compromise)'' to eliminate unnecessary words and for
consistency. The words ``liable for the penalty'' are substituted for
``charged'' for clarity.
In subsection (f), the words ``Separate penalties . . . prescribed
under this chapter . . . may not be imposed under this chapter'' are
substituted for ``Nothing in this title shall be construed to authorize
. . . penalties'' for clarity.
Amendments
2002--Subsec. (a)(1). Pub. L. 107-355, Sec. 21(3), substituted
``section 60114(b)'' for ``section 60114(c)''.
Pub. L. 107-355, Sec. 8(b)(1), substituted ``$100,000'' for
``$25,000'' and ``$1,000,000'' for ``$500,000''.
Subsec. (a)(3). Pub. L. 107-355, Sec. 6(b), added par. (3).
Subsec. (b). Pub. L. 107-355, Sec. 8(b)(2), substituted ``under this
section--'' and pars. (1) and (2) for ``under this section, the
Secretary shall consider--
``(1) the nature, circumstances, and gravity of the violation;
``(2) with respect to the violator, the degree of culpability,
any history of prior violations, the ability to pay, and any effect
on ability to continue doing business;
``(3) good faith in attempting to comply; and
``(4) other matters that justice requires.''
Comptroller General Study
Pub. L. 107-355, Sec. 8(d), Dec. 17, 2002, 116 Stat. 2994, required
the Comptroller General to study the actions, policies, and procedures
of the Secretary of Transportation for assessing and collecting fines
and penalties on operators of hazardous liquid and gas transmission
pipelines, and to report, not later than 1 year after Dec. 17, 2002, the
results of the study to certain committees of Congress.
Section Referred to in Other Sections
This section is referred to in sections 60105, 60114, 60120 of this
title.
