[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.72]

[Page 1046]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
               Subpart F_Injunctions and Imminent Hazards
 
Sec. 386.72  Imminent hazard.

    (a) Whenever it is determined that an imminent hazard exists as a 
result of the transportation by motor vehicle of a particular hazardous 
material, the Chief Counsel or Deputy Chief Counsel of the FMCSA may 
bring, or request the United States Attorney General to bring, an action 
in the appropriate United States District Court for an order suspending 
or restricting the transportation by motor vehicle of the hazardous 
material or for such other order as is necessary to eliminate or 
ameliorate the imminent hazard, as provided by 49 U.S.C. 5122. In this 
paragraph, ``imminent hazard'' means the existence of a condition that 
presents a substantial likelihood that death, serious illness, severe 
personal injury, or a substantial endangerment to health, property, or 
the environment may occur before a notice of investigation proceeding, 
or other administrative hearing or formal proceeding, to abate the risk 
of harm can be completed.
    (b)(1) Whenever it is determined that a violation of 49 U.S.C. 31502 
or the Motor Carrier Safety Act of 1984, as amended, or the Commercial 
Motor Vehicle Safety Act of 1986, as amended, or a regulation issued 
under such section or Acts, or a combination of such violations, poses 
an imminent hazard to safety, the Director of the Office of Enforcement 
and Compliance or a State Director, or his or her delegate, shall order 
a vehicle or employee operating such vehicle out of service, or order an 
employer to cease all or part of the employer's commercial motor vehicle 
operations, as provided by 49 U.S.C. 521(b)(5). In making any such 
order, no restrictions shall be imposed on any employee or employer 
beyond that required to abate the hazard. In this paragraph, ``imminent 
hazard'' means any condition of vehicle, employee, or commercial motor 
vehicle operations which substantially increases the likelihood of 
serious injury or death if not discontinued immediately.
    (2) Upon the issuance of an order under paragraph (b)(1) of this 
section, the motor carrier employer or driver employee shall comply 
immediately with such order. Opportunity for review shall be provided in 
accordance with 5 U.S.C. 554, except that such review shall occur not 
later than 10 days after issuance of such order, as provided by section 
213(b) of the Motor Carrier Safety Act of 1984 (49 U.S.C. 521(b)(5)). An 
order to an employer to cease all or part of its operations shall not 
prevent vehicles in transit at the time the order is served from 
proceeding to their immediate destinations, unless any such vehicle or 
its driver is specifically ordered out of service forthwith. However, 
vehicles and drivers proceeding to their immediate destination shall be 
subject to compliance upon arrival.
    (3) For purposes of this section the term ``immediate destination'' 
is the next scheduled stop of the vehicle already in motion where the 
cargo on board can be safely secured.
    (4) Failure to comply immediately with an order issued under this 
section shall subject the motor carrier employer or driver to penalties 
prescribed in subpart G of this part.

[50 FR 40306, Oct. 2, 1985, as amended at 53 FR 2036, Jan. 26, 1988; 53 
FR 50970, Dec. 19, 1988; 56 FR 10184, Mar. 11, 1991; 65 FR 7756, Feb. 
16, 2000; 65 FR 58664, Oct. 2, 2000]

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