[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: 49CFR107.307]





[Page 31]


 


                        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. 107.307  General.





    (a) When the Associate Administrator for Hazardous Materials Safety 


and the Office of the 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, or order issued thereunder, for which the Associate 


Administrator for Hazardous Materials Safety or the Office of the 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 Secs. 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, the allegation of a violation of a term or condition 


thereof is considered by the Associate Administrator for Hazardous 


Materials Safety and the Office of the Chief Counsel to constitute an 


allegation that the exemption holder or party to the exemption is 


failing, or has failed to comply with the underlying regulations from 


which relief was granted by the exemption.





[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]