[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: 49CFR107.310]



[Page 35-36]

 

                        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. 107.310  Ticketing.



    (a) For an alleged violation that does not have a direct or 

substantial impact on safety, the Associate Administrator may issue a 

ticket.

    (b) The Associate Administrator issues a ticket by mailing it by 

certified or registered mail to the person alleged to have committed the 

violation. The ticket includes:

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

bases the conclusion that the person has committed the alleged 

violation;

    (2) The maximum penalty provided for by statute, the proposed full 

penalty determined according to PHMSA's civil penalty guidelines and the 

statutory criteria for penalty assessment, and the ticket penalty 

amount; and



[[Page 36]]



    (3) A statement that within 45 days of receipt of the ticket, the 

person must pay the penalty in accordance with paragraph (d) of this 

section, make an informal response under Sec. 107.317, or request a 

formal administrative hearing under Sec. 107.319.

    (c) If the person makes an informal response or requests a formal 

administrative hearing, the Associate Administrator forwards the 

inspection report, ticket and response to the Office of the Chief 

Counsel for processing under Sec. Sec. 107.307-107.339, except that the 

Office of the Chief Counsel will not issue a Notice of Probable 

Violation under Sec. 107.311. The Office of the Chief Counsel may 

impose a civil penalty that does not exceed the proposed full penalty 

set forth in the ticket.

    (d) Payment of the ticket penalty amount must be made in accordance 

with the instructions on the ticket.

    (e) If within 45 days of receiving the ticket the person does not 

pay the ticket amount, make an informal response, or request a formal 

administrative hearing, the person has waived the right to make an 

informal response or request a hearing, has admitted the violation and 

owes the ticket penalty amount to PHMSA.



[Amdt. 107-36, 61 FR 7183, Feb. 26, 1996, as amended at 66 FR 45377, 

Aug. 28, 2001]