[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR209.133]

[Page 25-26]
 
                        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 another employee of FRA becomes aware of a 
possible knowing violation of 49 U.S.C. 5104(b) or a willful or reckless 
violation of the Federal hazardous materials transportation law or a 
regulation issued under those laws for which FRA exercises enforcement 
responsibility, he or she shall report 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

[[Page 26]]

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, as amended at 71 FR 77295, Dec. 26, 2006]