49 CFR § 196.205 - Can PHMSA assess administrative civil penalties for violations?

---
identifier: "/us/cfr/t49/s196.205"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 196.205 - Can PHMSA assess administrative civil penalties for violations?"
title_number: 49
title_name: "Transportation"
section_number: "196.205"
section_name: "Can PHMSA assess administrative civil penalties for violations?"
chapter_name: "PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "D"
subchapter_name: "PIPELINE SAFETY"
part_number: "196"
part_name: "PROTECTION OF UNDERGROUND PIPELINES FROM EXCAVATION ACTIVITY"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 60101  and 49 CFR 1.97."
regulatory_source: "80 FR 43866, July 23, 2015, unless otherwise noted."
cfr_part: "196"
---


# 196.205 Can PHMSA assess administrative civil penalties for violations?

Yes. When the Associate Administrator for Pipeline Safety has reason to believe that a person has violated any provision of the 49 U.S.C. 60101 *et seq.* or any regulation or order issued thereunder, including a violation of excavation damage prevention requirements under this part and 49 U.S.C. 60114(d) in a State with an excavation damage prevention law enforcement program PHMSA has deemed inadequate under 49 CFR part 198, subpart D, PHMSA may conduct a proceeding to determine the nature and extent of the violation and to assess a civil penalty.