[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR13.81]



[Page 51]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 13_INVESTIGATIVE AND ENFORCEMENT PROCEDURES--Table of Contents

 

      Subpart E_Orders of Compliance Under the Hazardous Materials 

                           Transportation Act

 

Sec. 13.81  Order of immediate compliance.



    (a) Notwithstanding Sec. Sec. 13.73 through 13.79, the Chief 

Counsel, the Assistant Chief Counsel, Enforcement, the Assistant Chief 

Counsel, Europe, Africa, and Middle East Area Office, or a Regional 

Counsel may issue an order of immediate compliance, which is effective 

upon issuance, if the person who issues the order finds that--

    (1) There is strong probability that a violation is occurring or is 

about to occur;

    (2) The violation poses a substantial risk to health or to safety of 

life or property; and

    (3) The public interest requires the avoidance or amelioration of 

that risk through immediate compliance and waiver of the procedures 

afforded under Sec. Sec. 13.73 through 13.79.

    (b) An order of immediate compliance is served promptly upon the 

person against whom the order is issued by telephone or telegram, and a 

written statement of the relevant facts and the legal basis for the 

order, including the findings required by paragraph (a) of this section, 

is served promptly by personal service or by mail.

    (c) The official who issued the order of immediate compliance may 

rescind or suspend the order if it appears that the criteria set forth 

in paragraph (a) of this section are no longer satisfied, and, when 

appropriate, may issue a notice of proposed order of compliance under 

Sec. 13.73 in lieu thereof.

    (d) If at any time in the course of a proceeding commenced in 

accordance with Sec. 13.73 the criteria set forth in paragraph (a) of 

this section are satisfied, the official who issued the notice may issue 

an order of immediate compliance, even if the period for filing a reply 

or requesting a hearing specified in Sec. 13.75 has not expired.

    (e) Within three days after receipt of service of an order of 

immediate compliance, the alleged violator may request a hearing in 

accordance with Subpart D of this part and the procedure in that subpart 

will apply except that--

    (1) The case will be heard within fifteen days after the date of the 

order of immediate compliance unless the alleged violator requests a 

later date;

    (2) The order will serve as the complaint; and

    (3) The Hearing Officer shall issue his decision and order 

dismissing, reversing, modifying, or affirming the order of immediate 

compliance on the record at the close of the hearing.

    (f) The filing of a request for hearing in accordance with paragraph 

(e) of this section does not stay the effectiveness of an order of 

immediate compliance.

    (g) At any time after an order of immediate compliance has become 

effective, the official who issued the order may request the United 

States Attorney General, or the delegate of the Attorney General, to 

bring an action for appropriate relief in accordance with Sec. 13.25.



[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as amended by Amdt. 13-19, 

54 FR 39290, Sept. 25, 1989; Amdt. 13-29, 62 FR 46866, Sept. 4, 1997]