[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR107.305]



[Page 34-35]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents

 

                          Subpart D_Enforcement

 

Sec. 107.305  Investigations.



    (a) General. In accordance with its delegated authority under part 1 

of this title, the Associate Administrator may initiate investigations 

relating to compliance by any person with any provisions of this 

subchapter or subchapter C of this chapter, or any exemption, approval, 

or order issued thereunder, or any court decree relating thereto. The 

Associate Administrator encourages voluntary production of documents in 

accordance with and subject to Sec. 105.45, and hearings may be 

conducted, and depositions taken pursuant to 49 U.S.C. 5121(a). The 

Associate Administrator may conduct investigative conferences and 

hearings in the course of any investigation.

    (b) Investigations and Inspections. Investigations under 49 U.S.C. 

5121(a) are conducted by personnel duly authorized for that purpose by 

the Associate Administrator. Inspections under 49 U.S.C. 5121(c) are 

conducted by Hazardous Materials Enforcement Specialists, also known as 

``hazmat inspectors'' or ``inspectors,'' whom the Associate 

Administrator has designated for that purpose.

    (1) An inspector will, on request, present his or her credentials 

for examination, but the credentials may not be reproduced.

    (2) An inspector may administer oaths and receive affirmations in 

any matter under investigation by the Associate Administrator.

    (3) An inspector may gather information by reasonable means 

including, but not limited to, interviews, statements, photocopying, 

photography, and video- and audio-recording.

    (4) With concurrence of the Director, Office of Hazardous Materials 

Enforcement, Pipeline and Hazardous Materials Safety Administration, an 

inspector may issue a subpoena for the production of documentary or 

other tangible evidence if, on the basis of information available to the 

inspector, the documents and evidence materially will advance a 

determination of compliance with this subchapter or subchapter C. 

Service of a subpoena shall be in accordance with Sec. 105.50. A person 

to whom a subpoena is directed may seek review of the subpoena by 

applying to the Office of Chief Counsel in accordance with Sec. 

105.55(a). A subpoena issued under this paragraph may be enforced in 

accordance with Sec. 105.55(b).

    (c) Notification. Any person who is the subject of an Associate 

Administrator investigation and who is requested to furnish information 

or documentary evidence is notified as to the general purpose for which 

the information or evidence is sought.

    (d) Termination. When the facts disclosed by an investigation 

indicate that further action is unnecessary or unwarranted at that time, 

the person



[[Page 35]]



being investigated is notified and the investigative file is closed 

without prejudice to further investigation by the Associate 

Administrator.

    (e) Confidentiality. Information received in an investigation under 

this section, including the identity of the person investigated and any 

other person who provides information during the investigation, shall 

remain confidential under the investigatory file exception, or other 

appropriate exception, to the public disclosure requirements of 5 U.S.C. 

552.



[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-24, 56 

FR 8621, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 

107-38, 61 FR 21099, May 9, 1996; 66 FR 45377, Aug. 28, 2001; 67 FR 

61011, Sept. 27, 2002]



                  Compliance Orders and Civil Penalties