[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: 49CFR107.307]



[Page 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. 107.307  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]