[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR190.207]

[Page 11]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 190_PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES--Table of Contents
 
                          Subpart B_Enforcement
 
Sec. 190.207  Notice of probable violation.

    (a) Except as otherwise provided by this subpart, a Regional 
Director begins an enforcement proceeding by serving a notice of 
probable violation on a person charging that person with a probable 
violation of 49 U.S.C. 60101 et seq. or any regulation or order issued 
thereunder.
    (b) A notice of probable violation issued under this section shall 
include:
    (1) Statement of the provisions of the laws, regulations or orders 
which the respondent is alleged to have violated and a statement of the 
evidence upon which the allegations are based;
    (2) Notice of response options available to the respondent under 
Sec. 190.209;
    (3) If a civil penalty is proposed under Sec. 190.221, the amount 
of the proposed civil penalty and the maximum civil penalty for which 
respondent is liable under law; and
    (4) If a compliance order is proposed under Sec. 190.217, a 
statement of the remedial action being sought in the form of a proposed 
compliance order.
    (c) The Associate Administrator, OPS may amend a notice of probable 
violation at any time prior to issuance of a final order under Sec. 
190.213. If an amendment includes any new material allegations of fact 
or proposes an increased civil penalty amount or new or additional 
remedial action under Sec. 190.217, the respondent shall have the 
opportunity to respond under Sec. 190.209.

[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18513, 
Apr. 26, 1996]