[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: 49CFR209.133]



[Page 25]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 209_RAILROAD SAFETY ENFORCEMENT PROCEDURES--Table of Contents

 

                 Subpart B_Hazardous Materials Penalties

 

Sec. 209.133  Referral for prosecution.



    If an inspector, including a certified state inspector under Part 

212 of this chapter, or other employee of FRA becomes aware of a 

possible willful violation of the Federal hazardous materials 

transportation safety laws (49 U.S.C. Chapter 51) or a regulation issued 

under those laws for which FRA exercises enforcement responsibility, he 

or she reports it to the Chief Counsel. If evidence exists tending to 

establish a prima facie case, and if it appears that assessment of a 

civil penalty would not be an adequate deterrent to future violations, 

the Chief Counsel refers the report to the Department of Justice for 

criminal prosecution of the offender.



[61 FR 38647, July 25, 1996]