[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.311]

[Page 36-37]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                          Subpart D_Enforcement
 
Sec.  107.311  Notice of probable violation.

    (a) The Office of Chief Counsel may serve a notice of probable 
violation on a person alleging the violation of one or more provisions 
of the Federal hazardous material transportation law or any provision of 
this subchapter or subchapter C of this chapter, or any exemption, or 
order issued thereunder.
    (b) A notice of probable violation issued under this section 
includes the following information:
    (1) A citation of the provisions of the Federal hazardous material 
transportation law, an order issued thereunder, this subchapter, 
subchapter C of this chapter, or the terms of any exemption issued 
thereunder which the Office of Chief Counsel believes the respondent is 
violating or has violated.
    (2) A statement of the factual allegations upon which the demand for 
remedial action, a civil penalty, or both, is based.
    (3) A statement of the respondent's right to present written or oral 
explanations, information, and arguments in answer to the allegations 
and in mitigation of the sanction sought in the notice of probable 
violation.
    (4) A statement of the respondent's right to request a hearing and 
the procedures for requesting a hearing.
    (5) In addition, in the case of a notice of probable violation 
proposing a compliance order, a statement of the proposed actions to be 
taken by the respondent to achieve compliance.
    (6) In addition, in the case of a notice of probable violation 
proposing a civil penalty:
    (i) A statement of the maximum civil penalty for which the 
respondent may be liable;
    (ii) The amount of the preliminary civil penalty being sought by the 
Office of Chief Counsel, constitutes the maximum amount the Chief 
Counsel may seek throughout the proceeding; and
    (iii) A description of the manner in which the respondent makes 
payment of any money due the United States as a result of the 
proceeding.
    (c) The Office of Chief Counsel may amend a notice of probable 
violation at any time before issuance of a compliance order or an order 
assessing a civil penalty. If the Office of Chief Counsel alleges any 
new material facts or seeks new or additional remedial action or an 
increase in the amount of the proposed

[[Page 37]]

civil penalty, it issues a new notice of probable violation under this 
section.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 50 FR 45730, 
Nov. 1, 1985; Amdt. 107-24, 56 FR 8624, Feb. 28, 1991; Amdt. 107-32, 59 
FR 49131, Sept. 26, 1994; Amdt. 107-35, 60 FR 49108, Sept. 21, 1995; 
Amdt. 107-36, 61 FR 7184, Feb. 26, 1996]