[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.307]

[Page 36]
 
                        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.  107.307  General.

    (a) When the Associate Administrator and the Office of Chief Counsel 
have reason to believe that a person is knowingly engaging or has 
knowingly engaged in conduct which is a violation of the Federal 
hazardous material transportation law or any provision of this 
subchapter or subchapter C of this chapter, or any exemption, special 
permit, or order issued thereunder, for which the Associate 
Administrator or the Office of Chief Counsel exercise enforcement 
authority, they may--
    (1) Issue a warning letter, as provided in Sec.  107.309;
    (2) Initiate proceedings to assess a civil penalty, as provided in 
either Sec.  Sec.  107.310 or 107.311;
    (3) Issue an order directing compliance, regardless of whether a 
warning letter has been issued or a civil penalty assessed; and
    (4) Seek any other remedy available under the Federal hazardous 
material transportation law.
    (b) In the case of a proceeding initiated for failure to comply with 
an exemption or special permit, the allegation of a violation of a term 
or condition thereof is considered by the Associate Administrator and 
the Office of Chief Counsel to constitute an allegation that the special 
permit holder or party to the special permit is failing, or has failed 
to comply with the underlying regulations from which relief was granted 
by the special permit.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-32, 59 
FR 49131, Sept. 26, 1994; Amdt. 107-36, 61 FR 7183, Feb. 26, 1996; 66 FR 
45377, Aug. 28, 2001; 70 FR 73162, Dec. 9, 2005]