[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: 49CFR107.311]



[Page 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. 107.311  Notice of probable violation.



    (a) The Office of Chief Counsel may serve a notice of probable 

violation on a person alleging the violation of one or more provisions 

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.

    (b) A notice of probable violation issued under this section 

includes the following information:

    (1) A citation of the provisions of the Federal hazardous material 

transportation law, an order issued thereunder, this subchapter, 

subchapter C of this chapter, or the terms of any exemption issued 

thereunder which the Office of Chief Counsel believes the respondent is 

violating or has violated.

    (2) A statement of the factual allegations upon which the demand for 

remedial action, a civil penalty, or both, is based.

    (3) A statement of the respondent's right to present written or oral 

explanations, information, and arguments in answer to the allegations 

and in mitigation of the sanction sought in the notice of probable 

violation.

    (4) A statement of the respondent's right to request a hearing and 

the procedures for requesting a hearing.

    (5) In addition, in the case of a notice of probable violation 

proposing a compliance order, a statement of the proposed actions to be 

taken by the respondent to achieve compliance.

    (6) In addition, in the case of a notice of probable violation 

proposing a civil penalty:

    (i) A statement of the maximum civil penalty for which the 

respondent may be liable;

    (ii) The amount of the preliminary civil penalty being sought by the 

Office of Chief Counsel, constitutes the maximum amount the Chief 

Counsel may seek throughout the proceeding; and

    (iii) A description of the manner in which the respondent makes 

payment of any money due the United States as a result of the 

proceeding.

    (c) The Office of Chief Counsel may amend a notice of probable 

violation at any time before issuance of a compliance order or an order 

assessing a civil penalty. If the Office of Chief Counsel alleges any 

new material facts or seeks new or additional remedial action or an 

increase in the amount of the proposed civil penalty, it issues a new 

notice of probable violation under this section.



[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 50 FR 45730, 

Nov. 1, 1985; Amdt. 107-24, 56 FR 8624, Feb. 28, 1991; Amdt. 107-32, 59 

FR 49131, Sept. 26, 1994; Amdt. 107-35, 60 FR 49108, Sept. 21, 1995; 

Amdt. 107-36, 61 FR 7184, Feb. 26, 1996]