[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: 49CFR107.327]





[Page 35-36]


 


                        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. 107.327  Compromise and settlement.





    (a) At any time before an order issued under Sec. 107.317 or 


Sec. 107.323 is referred to the Attorney General for enforcement, the 


respondent or the Office of Chief Counsel may propose a compromise as 


follows:


    (1) In civil penalty cases, the respondent or Chief Counsel may 


offer to compromise the amount of the penalty by submitting an offer for 


a specific amount to the other party. An offer of compromise by the 


respondent shall be submitted to the Chief Counsel who may, after 


consultation with Associate Administrator for Hazardous Materials 


Safety, accept or reject it.


    (i) A compromise offer stays the running of any response period then 


outstanding.


    (ii) If a compromise is agreed to by the parties, the respondent is 


notified in writing. Upon receipt of payment by Office of Chief Counsel, 


the respondent is notified in writing that acceptance of payment is in 


full satisfaction of the civil penalty proposed or assessed, and Office 


of Chief Counsel closes the case with prejudice to the respondent.


    (iii) If a compromise cannot be agreed to, the respondent is 


notified in writing and is given 10 days or the amount of time remaining 


in the then outstanding response period, whichever is longer, to respond 


to whatever action was taken by the Office of Chief Counsel or the 


Administrator, PHMSA.


    (2) In compliance order cases, the respondent may propose a consent 


agreement to the Chief Counsel. If the Chief Counsel accepts the 


agreement, he issues an order in accordance with its terms. If the Chief 


Counsel rejects the agreement, he directs that the proceeding continue. 


An agreement submitted to the Chief Counsel must include:


    (i) A statement of any allegations of fact which the respondent 


challenges;


    (ii) The reasons why the terms of a compliance order or proposed 


compliance order are or would be too burdensome for the respondent, or 


why such





[[Page 36]]





terms are not supported by the record in the case;


    (iii) A proposed compliance order suitable for issuance by the Chief 


Counsel;


    (iv) An admission of all jurisdictional facts; and


    (v) An express waiver of further procedural steps and all right to 


seek judicial review or otherwise challenge or contest the validity of 


the order.


    (b) Notwithstanding paragraph (a)(1) of this section, the respondent 


or Office of Chief Counsel may propose to settle the case. If the Chief 


Counsel agrees to a settlement, the respondent is notified and the case 


is closed without prejudice to the respondent.





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


Nov. 1, 1985; Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; 56 FR 15510, Apr. 


17, 1991; Amdt. 107-29, 58 FR 51527, Oct. 1, 1993]