[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR209.1] [Page 16-17] TITLE 49--TRANSPORTATION CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents Subpart A_General Sec. 209.1 Purpose. Subpart A_General Sec. 209.1 Purpose. 209.3 Definitions. 209.5 Service. 209.6 Requests for admission. 209.7 Subpoenas; witness fees. 209.8 Depositions in formal proceedings. 209.9 Filing. 209.11 Request for confidential treatment. 209.13 Consolidation. 209.15 Rules of evidence. 209.17 Motions. Subpart B_Hazardous Materials Penalties Civil Penalties 209.101 Civil penalties generally. 209.103 Minimum and maximum penalties. 209.105 Notice of probable violation. 209.107 Reply. 209.109 Payment of penalty; compromise. 209.111 Informal response and assessment. 209.113 Request for hearing. 209.115 Hearing. 209.117 Presiding officer's decision. 209.119 Assessment considerations. 209.121 Appeal. [[Page 17]] Criminal Penalties 209.131 Criminal penalties generally. 209.133 Referral for prosecution. Subpart C_Compliance Orders 209.201 Compliance orders generally. 209.203 Notice of investigation. 209.205 Reply. 209.207 Consent order. 209.209 Hearing. 209.211 Presiding officer's decision. 209.213 Appeal. 209.215 Time limitation. Subpart D_Disqualification Procedures 209.301 Purpose and scope. 209.303 Coverage. 209.305 Notice of proposed disqualification. 209.307 Reply. 209.309 Informal response. 209.311 Request for hearing. 209.313 Discovery. 209.315 Subpoenas. 209.317 Official record. 209.319 Prehearing conference. 209.321 Hearing. 209.323 Initial decision. 209.325 Finality of decision. 209.327 Appeal. 209.329 Assessment considerations. 209.331 Enforcement of disqualification order. 209.333 Prohibitions. 209.335 Penalties. 209.337 Information collection. Subpart E_Reporting of Remedial Actions 209.401 Purpose and scope. 209.403 Applicability. 209.405 Reporting of remedial actions. 209.407 Delayed reports. 209.409 Penalties. Appendix A to Part 209--Statement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws Appendix B to Part 209--Federal Railroad Administration Guidelines for Initial Hazardous Materials Assessments Appendix C to Part 209--FRA's Policy Statement Concerning Small Entities Authority: 49 U.S.C. 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461, note; and 49 CFR 1.49. Source: 42 FR 56742, Oct. 28, 1977, unless otherwise noted. Appendix A to this part contains a statement of agency policy concerning enforcement of those laws. This part describes certain procedures employed by the Federal Railroad Administration in its enforcement of statutes and regulations related to railroad safety. By delegation from the Secretary of Transportation, the Administrator has responsibility for: (a) Enforcement of subchapters B and C of chapter I, subtitle B, title 49, CFR, with respect to the transportation or shipment of hazardous materials by railroad (49 CFR 1.49(s)); (b) Exercise of the authority vested in the Secretary by the Federal Railroad Safety Act of 1970, 45 U.S.C. 421, 431-441, as amended by the Rail Safety Improvement Act of 1988, Public Law 100-342 (June 22, 1988) (49 CFR 1.49(m)); and (c) Exercise of the authority vested in the Secretary pertaining to railroad safety as set forth in the statutes transferred to the Secretary by section 6(e) of the Department of Transportation Act, 49 App. U.S.C. 1655(e) (49 CFR 1.49 (c), (d), (f), and (g)). [42 FR 56742, Oct. 28, 1977, as amended at 53 FR 52920, Dec. 29, 1988; 54 FR 42905, Oct. 18, 1989]