[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: 49CFR107.327]



[Page 39-40]

 

                        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. 107.327  Compromise and settlement.



    (a) At any time before an order issued under Sec. 107.317 or Sec. 

107.323 is referred to the Attorney General for enforcement, the 

respondent or the Office of Chief Counsel may propose a compromise as 

follows:

    (1) In civil penalty cases, the respondent or Chief Counsel may 

offer to compromise the amount of the penalty by submitting an offer for 

a specific amount to the other party. An offer of compromise by the 

respondent shall be submitted to the Chief Counsel who may, after 

consultation with the Associate Administrator, accept or reject it.

    (i) A compromise offer stays the running of any response period then 

outstanding.

    (ii) If a compromise is agreed to by the parties, the respondent is 

notified in writing. Upon receipt of payment by Office of Chief Counsel, 

the respondent is notified in writing that acceptance of payment is in 

full satisfaction of the civil penalty proposed or assessed, and Office 

of Chief Counsel closes the case with prejudice to the respondent.

    (iii) If a compromise cannot be agreed to, the respondent is 

notified in writing and is given 10 days or the amount of time remaining 

in the then outstanding response period, whichever is longer, to respond 

to whatever action was taken by the Office of Chief Counsel or the 

Administrator, PHMSA.

    (2) In compliance order cases, the respondent may propose a consent 

agreement to the Chief Counsel. If the Chief Counsel accepts the 

agreement, he issues an order in accordance with its terms. If the Chief 

Counsel rejects the



[[Page 40]]



agreement, he directs that the proceeding continue. An agreement 

submitted to the Chief Counsel must include:

    (i) A statement of any allegations of fact which the respondent 

challenges;

    (ii) The reasons why the terms of a compliance order or proposed 

compliance order are or would be too burdensome for the respondent, or 

why such terms are not supported by the record in the case;

    (iii) A proposed compliance order suitable for issuance by the Chief 

Counsel;

    (iv) An admission of all jurisdictional facts; and

    (v) An express waiver of further procedural steps and all right to 

seek judicial review or otherwise challenge or contest the validity of 

the order.

    (b) Notwithstanding paragraph (a)(1) of this section, the respondent 

or Office of Chief Counsel may propose to settle the case. If the Chief 

Counsel agrees to a settlement, the respondent is notified and the case 

is closed without prejudice to the respondent.



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

Nov. 1, 1985; Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; 56 FR 15510, Apr. 

17, 1991; Amdt. 107-29, 58 FR 51527, Oct. 1, 1993; 66 FR 45377, Aug. 28, 

2001]