[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: 49CFR107.317]

[Page 38-39]
 
                        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.  107.317  Informal response.

    (a) In responding to a notice of probable violation under Sec.  
107.311, the respondent may submit to the official who issued the 
notice, written explanations, information, or arguments in response to 
the allegations, the terms of a proposed compliance order, or the amount 
of the preliminarily assessed civil penalty.
    (b) The respondent may include in his informal response a request 
for a conference. Upon the request of the respondent, the conference may 
be either in person or by telephone. A request for a conference must set 
forth the issues the respondent will raise at the conference.
    (c) Upon receipt of a request for a conference under paragraph (b) 
of this section, the Chief Counsel's Office, in consultation with the 
Associate Administrator, arranges for a conference

[[Page 39]]

as soon as practicable at a time and place of mutual convenience.
    (d) The respondent's written explanations, information, and 
arguments as well as the respondent's presentation at a conference are 
considered by the Chief Counsel in reviewing the notice of probable 
violation. Based upon a review of the proceeding, the Chief Counsel may 
dismiss the notice of probable violation in whole or in part. If he does 
not dismiss it in whole, he issues an order directing compliance or 
assessing a civil penalty, or, if proposed in the notice, both.

[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-23, 56 
FR 66157, Dec. 20, 1991; 66 FR 45377, Aug. 28, 2001]