[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.307]

[Page 35]
 
                        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. 107.307  General.

    (a) When the Associate Administrator and the Office of the Chief 
Counsel have reason to believe that a person is knowingly engaging or 
has knowingly engaged in conduct which is a violation 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, for which the Associate Administrator or the Office 
of the Chief Counsel exercise enforcement authority, they may--
    (1) Issue a warning letter, as provided in Sec. 107.309;
    (2) Initiate proceedings to assess a civil penalty, as provided in 
either Sec. Sec. 107.310 or 107.311;
    (3) Issue an order directing compliance, regardless of whether a 
warning letter has been issued or a civil penalty assessed; and
    (4) Seek any other remedy available under the Federal hazardous 
material transportation law.
    (b) In the case of a proceeding initiated for failure to comply with 
an exemption, the allegation of a violation of a term or condition 
thereof is considered by the Associate Administrator and the Office of 
the Chief Counsel to constitute an allegation that the exemption holder 
or party to the exemption is failing, or has failed to comply with the 
underlying regulations from which relief was granted by the exemption.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-32, 59 
FR 49131, Sept. 26, 1994; Amdt. 107-36, 61 FR 7183, Feb. 26, 1996; 66 FR 
45377, Aug. 28, 2001]