[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: 49CFR107.317]





[Page 33]


 


                        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. 107.317  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 for Hazardous Materials Safety, arranges for a 


conference 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]