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Title 49 Part 209 → Subpart B → §209.133

Title 49 → Subtitle B → Chapter II → Part 209 → Subpart B → §209.133

Electronic Code of Federal Regulations e-CFR

Title 49 Part 209 → Subpart B → §209.133

e-CFR data is current as of November 7, 2019

Title 49Subtitle BChapter IIPart 209Subpart B → §209.133


Title 49: Transportation
PART 209—RAILROAD SAFETY ENFORCEMENT PROCEDURES
Subpart B—Hazardous Materials Penalties


§209.133   Referral for prosecution.

If an inspector, including a certified state inspector under part 212 of this chapter, or another employee of FRA becomes aware of a possible knowing violation of 49 U.S.C. 5104(b) or a willful or reckless violation of the Federal hazardous materials transportation law or a regulation issued under those laws for which FRA exercises enforcement responsibility, he or she shall report it to the Chief Counsel. If evidence exists tending to establish a prima facie case, and if it appears that assessment of a civil penalty would not be an adequate deterrent to future violations, the Chief Counsel refers the report to the Department of Justice for criminal prosecution of the offender.

[61 FR 38647, July 25, 1996, as amended at 71 FR 77295, Dec. 26, 2006]


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