[Code of Federal Regulations]


[Title 49, Volume 2, Parts 100 to 185]


[Revised as of October 1, 1998]


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


[CITE: 49CFR107.310]





[Page 31-32]


 


                        TITLE 49--TRANSPORTATION


 


 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 


                             TRANSPORTATION


 


PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents


 


                         Subpart D--Enforcement


 


Sec. 107.310  Ticketing.





    (a) For an alleged violation that does not have a direct or 


substantial impact on safety, the Associate Administrator for Hazardous 


Materials Safety may issue a ticket.


    (b) The Associate Administrator for Hazardous Materials Safety 


issues a ticket by mailing it by certified or registered mail to the 


person alleged to have committed the violation. The ticket includes:


    (1) A statement of the facts on which the Associate Administrator 


bases the conclusion that the person has committed the alleged 


violation;


    (2) The maximum penalty provided for by statute, the proposed full 


penalty determined according to PHMSA's civil penalty guidelines and the 


statutory criteria for penalty assessment, and the ticket penalty 


amount; and


    (3) A statement that within 45 days of receipt of the ticket, the 


person must pay the penalty in accordance with paragraph (d) of this 


section, make an





[[Page 32]]





informal response under Sec. 107.317, or request a formal administrative 


hearing under Sec. 107.319.


    (c) If the person makes an informal response or requests a formal 


administrative hearing, the Associate Administrator for Hazardous 


Materials Safety forwards the inspection report, ticket and response to 


the Office of the Chief Counsel for processing under Secs. 107.307-


107.339, except that the Office of the Chief Counsel will not issue a 


Notice of Probable Violation under Sec. 107.311. The Office of the Chief 


Counsel may impose a civil penalty that does not exceed the proposed 


full penalty set forth in the ticket.


    (d) Payment of the ticket penalty amount must be made in accordance 


with the instructions on the ticket.


    (e) If within 45 days of receiving the ticket the person does not 


pay the ticket amount, make an informal response, or request a formal 


administrative hearing, the person has waived the right to make an 


informal response or request a hearing, has admitted the violation and 


owes the ticket penalty amount to PHMSA.





[Amdt. 107-36, 61 FR 7183, Feb. 26, 1996]