[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: 49CFR107.317]



[Page 37]

 

                        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. 107.317  Informal response.



    (a) In responding to a notice of probable violation under Sec. 

107.311, the respondent may submit to the official who issued the 

notice, written explanations, information, or arguments in response to 

the allegations, the terms of a proposed compliance order, or the amount 

of the preliminarily assessed civil penalty.

    (b) The respondent may include in his informal response a request 

for a conference. Upon the request of the respondent, the conference may 

be either in person or by telephone. A request for a conference must set 

forth the issues the respondent will raise at the conference.

    (c) Upon receipt of a request for a conference under paragraph (b) 

of this section, the Chief Counsel's Office, in consultation with the 

Associate Administrator, arranges for a conference as soon as 

practicable at a time and place of mutual convenience.

    (d) The respondent's written explanations, information, and 

arguments as well as the respondent's presentation at a conference are 

considered by the Chief Counsel in reviewing the notice of probable 

violation. Based upon a review of the proceeding, the Chief Counsel may 

dismiss the notice of probable violation in whole or in part. If he does 

not dismiss it in whole, he issues an order directing compliance or 

assessing a civil penalty, or, if proposed in the notice, both.



[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-23, 56 

FR 66157, Dec. 20, 1991; 66 FR 45377, Aug. 28, 2001]