§ 107.307 General.
发布08-07
生效09-08
摘要总结AI 辅助解读
本条款规定了美国运输部（DOT）危险品安全局（PHMSA）对违反联邦危险品运输法规行为的执法权力。当有理由相信某人故意违规时，副局长与首席法律顾问办公室可采取四种措施：发出警告信、启动民事罚款程序、下达合规命令或寻求其他法律救济。特别指出，若违反豁免或特别许可的条款，将被视为未遵守该许可所依据的基础法规。此规定直接影响所有涉及美国境内危险品运输的实体合规风险。
- (a) When the Associate Administrator and the Office of 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, special permit, or order issued thereunder, for which the Associate Administrator or the Office of Chief Counsel exercise enforcement authority, they may—
- (1) Issue a warning letter, as provided in § 107.309;
- (2) Initiate proceedings to assess a civil penalty, as provided in either § 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 or special permit, the allegation of a violation of a term or condition thereof is considered by the Associate Administrator and the Office of Chief Counsel to constitute an allegation that the special permit holder or party to the special permit is failing, or has failed to comply with the underlying regulations from which relief was granted by the special permit.
[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; 66 FR 45377, Aug. 28, 2001; 70 FR 73162, Dec. 9, 2005]