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After finding a knowing violation under this subpart, the Office of Chief Counsel assesses a civil penalty taking the following into account:
(a) The nature and circumstances of the violation;
(b) The extent and gravity of the violation;
(c) The degree of the respondent's culpability;
(d) The respondent's prior violations;
(e) The respondent's ability to pay;
(f) The effect on the respondent's ability to continue in business; and
(g) Such other matters as justice may require.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 2461 note - Mode of recovery
§ 5101 - Purpose
§ 5102 - Definitions
§ 5103 - General regulatory authority
§ 5103a - Limitation on issuance of hazmat licenses
§ 5104 - Representation and tampering
§ 5105 - Transporting certain highly radioactive material
§ 5106 - Handling criteria
§ 5107 - Hazmat employee training requirements and grants
§ 5108 - Registration
§ 5109 - Motor carrier safety permits
§ 5110 - Shipping papers and disclosure
§ 5111 - Repealed.
§ 5112 - Highway routing of hazardous material
§ 5113 - Unsatisfactory safety rating
§ 5114 - Air transportation of ionizing radiation material
§ 5115 - Training curriculum for the public sector
§ 5116 - Planning and training grants, monitoring, and review
§ 5117 - Special permits and exclusions
§ 5118 - Hazardous material technical assessment, research and development, and analysis program
§ 5119 - Uniform forms and procedures
§ 5120 - International uniformity of standards and requirements
§ 5121 - Administrative
§ 5122 - Enforcement
§ 5123 - Civil penalty
§ 5124 - Criminal penalty
§ 5125 - Preemption
§ 5126 - Relationship to other laws
§ 5127 - Judicial review
§ 5128 - Authorization of appropriations
§ 44701 - General requirements
Title 49 published on 2014-10-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 107 after this date.
PHMSA is adopting regulations to include the standard operating procedures (SOPs) and criteria used to evaluate applications for special permits and approvals. This rulemaking addresses issues identified in the Hazardous Materials Transportation Safety Improvement Act of 2012 related to the Office of Hazardous Materials Safety's Approvals and Permits Division. In addition, this rulemaking also provides clarity regarding what conditions need to be satisfied to promote special permit application completeness. An application that contains the required information reduces processing delays by reducing the number of applications rejected due to incompleteness. Through public notice and comment, this final rule is required to establish SOPs to support the administration of the special permit and approval programs, and objective criteria to support the evaluation of special permit and approval applications. These amendments do not change previously established policies, to include but not limited to any inspection activities subsequent to issuance, modification or renewal of a special permit and approval.
PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations to update and clarify certain regulatory requirements. These proposed amendments are designed to promote safer transportation practices, address petitions for rulemaking, respond to National Transportation Safety Board (NTSB) Safety Recommendations, facilitate international commerce, make editorial corrections, and simplify the regulations. The proposed provisions in this rulemaking include, but are not limited to, removing the packing group (PG) II designation for certain organic peroxides, self-reactive substances and explosives, incorporating requirements for trailers of manifolded acetylene cylinders, and providing requirements to allow for shipments of damaged wet electric batteries. In addition, this rulemaking proposes to revise the requirements for the packaging of nitric acid, testing of pressure relief devices on cargo tanks, and shipments of black or smokeless powder for small arms.