[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: 49CFR107.309]



[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. 107.309  Warning letters.



    (a) The Associate Administrator may issue a warning letter to any 

person whom the Associate Administrator believes to have committed a 

probable violation of the Federal hazardous material transportation law 

or any provision of this subchapter, subchapter C of this chapter, or 

any exemption issued thereunder.

    (b) A warning letter issued under this section includes:

    (1) A statement of the facts upon which the Associate Administrator 

bases its determination that the person has committed a probable 

violation;

    (2) A statement that the recurrence of the probable violations cited 

may subject the person to enforcement action; and

    (3) An opportunity to respond to the warning letter by submitting 

pertinent information or explanations concerning the probable violations 

cited therein.



[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-15, 51 

FR 34986, Oct. 1, 1986; Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; Amdt. 

107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-36, 61 FR 7183, Feb. 26, 

1996; 66 FR 45377, Aug. 28, 2001]