[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: 49CFR107.311]





[Page 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. 107.311  Notice of probable violation.





    (a) The Office of Chief Counsel may serve a notice of probable 


violation on a person alleging the violation of one or more provisions 


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.


    (b) A notice of probable violation issued under this section 


includes the following information:


    (1) A citation of the provisions of the Federal hazardous material 


transportation law, an order issued thereunder, this subchapter, 


subchapter C of this chapter, or the terms of any exemption issued 


thereunder which the Office of Chief Counsel believes the respondent is 


violating or has violated.


    (2) A statement of the factual allegations upon which the demand for 


remedial action, a civil penalty, or both, is based.


    (3) A statement of the respondent's right to present written or oral 


explanations, information, and arguments in answer to the allegations 


and in mitigation of the sanction sought in the notice of probable 


violation.


    (4) A statement of the respondent's right to request a hearing and 


the procedures for requesting a hearing.


    (5) In addition, in the case of a notice of probable violation 


proposing a compliance order, a statement of the proposed actions to be 


taken by the respondent to achieve compliance.


    (6) In addition, in the case of a notice of probable violation 


proposing a civil penalty:


    (i) A statement of the maximum civil penalty for which the 


respondent may be liable;


    (ii) The amount of the preliminary civil penalty being sought by the 


Office of Chief Counsel, constitutes the maximum amount the Chief 


Counsel may seek throughout the proceeding; and


    (iii) A description of the manner in which the respondent makes 


payment of any money due the United States as a result of the 


proceeding.


    (c) The Office of Chief Counsel may amend a notice of probable 


violation at any time before issuance of a compliance order or an order 


assessing a civil penalty. If the Office of Chief Counsel alleges any 


new material facts or seeks new or additional remedial action or an 


increase in the amount of the proposed civil penalty, it issues a new 


notice of probable violation under this section.





[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 50 FR 45730, 


Nov. 1, 1985; Amdt. 107-24, 56 FR 8624, Feb. 28, 1991; Amdt. 107-32, 59 


FR 49131, Sept. 26, 1994; Amdt. 107-35, 60 FR 49108, Sept. 21, 1995; 


Amdt. 107-36, 61 FR 7184, Feb. 26, 1996]