HAZARDOUS MATERIALS (ENFORCEMENT) – No an enforcement action; but a proposed change in the rule to bar from transport of any materials regulated by the Hazardous Materials Regulation any party that who fails to pay a civil penalty as ordered for a past violation of the HMR.

“Hazardous Materials: Failure To Pay Civil Penalties” 

Notice of Proposed Rulemaking. September 24, 2013.

Significantly upping the ante on those who are “scofflaws” on their hazmat civil penalty orders.

COMMENT: This bears some study, but the literal language would render illegal operation of whatever transport instrumentality is operated by the entity whose PHMSA penalty civil order remains unpaid. 

One area for consideration: Insurance policies that require operation in accord with applicable law.

Another: A lease the similarly requires operation in conformity to applicable law.