may be required for a full disclosure of the facts. § 107.357 Presiding officer's decision. (a) After consideration of the evidence of record, the presiding officer may dismiss the notice of probable violation in whole or in part. If he does not dismiss it in whole, he will issue and serve on the respondent an order assessing a civil penalty. The order will include a statement of findings and conclusions as well as the reasons therefor on all material issues of fact, law, and discretion. (b) If, within 20 days after service of an order assessing a civil penalty, the respondent does not pay the civil penalty or file an appeal as provided in § 107.361(a), the case may be referred to the Attorney General with a request that an action to collect the penalty be brought in the appropriate United States District Court. § 107.359 Assessment considerations. In assessing a civil penalty under §§ 107.351 and 107.355, the assessment is made only after considering: (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 history of prior offenses; (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. § 107.361 Appeal. (a) A respondent aggrieved by a presiding officer's decision and order penalty may file an appeal with the Director, MTB. The appeal must be filed within 20 days of service of the presiding officer's order. (b) If the Director, MTB, affirms the assessment and the respondent does not pay the civil penalty within 20 days after service of the Director's decision on appeal, the case may be referred to the Attorney General with a request that an action to collect the penalty be brought in the appropriate United States District Court. CRIMINAL PENALTIES § 107.371 Criminal penalties generally. Section 110(b) of the Act (49 U.S.C. 1809(b)) provides a criminal penalty of a fine of not more than $25,000 and imprisonment for not more than five years, or both, for any person who willfully violates a provision of the Act or a regulation issued under the Act. § 107.373 Referral for prosecution. If an inspector or other employer of the OHMR or the OOE becomes aware of a possible willful violation of the Act, this chapter or Subchapter C of this chapter for which the OOE exercises enforcement responsibility, he reports it to the Office of the Chief Counsel, Research and Special Programs Administration, U.S. Department of Transportation, Washington, D.C. 20590. If appropriate, the Chief Counsel refers the report to the Department of Justice for criminal prosecution of the offender. issued under § 107.357 assessing a civil [Amdt. 107-5, 43 FR 48643, Oct. 19, 1978] SUBCHAPTER C-HAZARDOUS MATERIALS REGULATIONS (b) Except as provided in § 171.12, no person may transport a hazardous material in commerce within the United States unless that material is handled and transported in accordance with this subchapter. (c) No person may represent, mark, certify, or sell a packaging or container as meeting the requirements of this subchapter governing the use of that packaging or container in the transportation in commerce of a hazardous material unless the packaging or container is manufactured, fabricated, marked, maintained, reconditioned, or repaired, as the case may be, in accordance with this subchapter. [Amdt. 171-32, 41 FR 15993, Apr. 15, 1976, as amended by Amdt. 171-34, 41 FR 38179, Sept. 9, 1976] § 171.7 Matter incorporated by reference. (a) There is incorporated by reference in Parts 170-189 of this subchapter all matter referred to that is not specifically set forth. These materials are hereby made a part of the regulations in Parts 170-189 of this subchapter. Unless the reference provides otherwise, matter subject to change is incorporated only as it is in effect on the date of issuance of the regulation referring to that matter. (b) All incorporated matter is available for inspection in the Dockets Branch, Room 6500 of the Trans Point Building, 2100 Second Street SW., Washington, D.C. 20590. (c) Matter incorporated by reference is available for distribution as follows: (1) ASME: American Society of Mechanical Engineers, United Engineering Center, 345 East 47th Street, New York, N.Y. 10017. (2) American National Standard: American National Standards Institute, Inc., 1430 Broadway, New York, N.Y. 10018. (3) CGA: Compressed Gas Association, Inc., 500 Fifth Avenue, New York, N.Y. 10036. (4) Bureau of Explosives: Bureau of Explosives, Association of American Railroads, American Railroads Building, 1920 L Street NW., Washington, D.C. 20036. (5) AAR: Association of American Railroads, 59 East Van Buren Street, Chicago, Ill. 60605. Race (6) ASTM: American Society for Testing and Materials, 1916 Street, Philadelphia, Pa. 19103. (7) API: American Petroleum Institute, 1801 K Street NW., Washington, DC 20006. (8) AISI: American Iron and Steel Institute, 1000 16th Street NW., Washington, D.C. 20036. (9) The Chlorine Institute, 342 Madison Avenue, New York, N.Y. 10017. (10) MCA: Manufacturing Chemists' Association, Inc., 1825 Connecticut Avenue, NW., Washington, D.C. 20009. (11) NFPA: National Fire Protection Association, 60 Batterymarch Street, Boston, Mass. 02110. (12) Aluminum Association: The Aluminum Association, 420 Lexington Avenue, New York, N.Y. 10017. (13) NACE: National Association of Corrosion Engineers, 2400 West Loop South, Houston, TX 77027. (14) IME: Institute of Makers of Explosives, 420 Lexington Avenue, New York, NY 10017. (15) IAEA: International Atomic Energy Agency, Karnter Ring 11, Post Office Box 590, A-1011, Vienna, Austria (IAEA publications may be purchased in the United States from: Unipub, Inc., Post Office Box 433, New York, NY 10016). (16) USDOE: United States Department of Energy, Washington, D.C. 20545. Regulations of the USDOE are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Other publications by the USDOE may be obtained from the National Technical Information Center, U.S. Department of Commerce, Springfield, Virginia 22151. (17) Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. (18) National Wooden Box Association, Post Office Box 1010, Cumberland, Md. 21502. (19) TFI: The Fertilizer Institute, 1015 18th Street NW., Washington, D.C. 20036. (20) AWWA: American Water Works Association, 2 Park Avenue, New York, NY 10016. (21) AWS: American Welding Society, 345 East 47th Street, New York, NY 10016. (22) USDC: U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, Va. 22151. (23) Inter-governmental Maritime Consultative Organization, 101-104 Piccadilly, London, WIV OAE, England. (24) Uniform Classification Committee, 222 South Riverside Plaza, Chica go, Ill. 60606. (25) USERDA: United States Energy Research and Development Administration, Washington, D.C. 20545. (26) USNRC: United States Nuclear Regulatory Commission, Washington, D.C. 20555. (d) The full title and application of the matter incorporated by reference in Parts 170-189 of this chapter are as follows: (1) ASME Code means section VIII (Division I) and IX of the 1977 edition of the "American Society of Mechanical Engineers Boiler and Pressure Vessel Code, and addenda thereto through December 31, 1978, except paragraph UW-11(a)(7) of the code does not apply. (2) AAR Specifications for Tank Cars means the 1970 edition of the "Association of American Railroads Specification for Tank Cars". (3) Compressed Gas Association: (i) CGA Pamphlet C-3 is titled, "Standards for Welding and Brazing on Thin Walled Containers," 1975 edition; (ii) CGA Pamphlet C-6 is titled, "Standards for Visual Inspection of Compressed Gas Cylinders," 1975 edition; (iii) Compressed Gas Association pamphlet C-7, Appendix A is titled, “A Guide for the Precautionary Markings for Compressed Gas Containers", dated May 15, 1971, Addenda issued January 1976. (iv) CGA Pamphlet C-8 is titled, "Standard for Requalification of DOT-3HT Cylinders," 1972 edition. (7) CGA Pamphlet S-1.2 is titled, "Safety Relief Device Standards Part 2-Cargo and Portable Tanks for Compressed Gases," 1966 edition. (4) American National Standards: (i) American National Standard B9.1, is titled, "Safety Code for Mechanical Refrigeration," 1964 edition. (ii) American National Standard B16.5 is titled, "Steel Pipe Flanges and Fittings," 1968 edition. (iii) American National Standard N14.1 is titled, “Packaging of Uranium Hexafluoride for Transport," 1971 edi tion. (5) American Society for Testing and Materials: (i) ASTM C1310 is titled, "Standard Method of Test for Flash Point of Volatile Flammable Materials By Tag Open-Cup Apparatus," 1967 edition; (ii) ASTM D323 is titled, "Test for Vapor Pressure of Petroleum Products (Reid Method)," 1958(68) edition. (iii) ASTM D1056 is titled, "Sponge and Expanded Cellular Rubber Products, Spec. and Tests for," 1968 edition. (iv) ASTM G 23-691 is titled, "Standfrd Recommended Practice for Operating Light- and Water-Exposure Apparatus (Carbon-Arc Type) for Exposure of Nonmetallic Materials," 1969 edition (reapproved 1975). (v) ASTM G 26-701 is titled, "Standard Recommended Practice for Operating Light- and Water-Exposure Apparatus (Xenon-Arc Type) for Exposure of Nonmetallic Materials," 1970 edition. 'Available from American Society for Testing and Materials, 1916 Race St., Philadelphia, Pa. 19103. (vi) ASTM D-638' is titled, "Test for Tensile Strength of Plastics", 1976 edition. (vii) ASTM D-1505 is titled, "Test for Density of Plastics by the Density Gradient Technique", 1968 edition. (viii) ASTM C148-77 is titled, "Standard Methods of Polariscopic Examination of Glass Containers," 1977 edition. (6) NFPA Pamphlet No. 58 is titled, "Standard for the Storage and Handling of Liquefied Petroleum Gases," 1972 edition. (7) Bureau of Explosives, Association of American Railroads: (i) Bureau of Explosives Pamphlet No. 6 is titled, "Illustrating Methods for Loading and Bracing Carload and Less Than Carload Shipments of Explosives and Other Dangerous Articles," 1962 edition. (ii) Bureau of Explosives Pamphlet No. 6A (includes appendix No. 1, October 1944, and appendix No. 2, December 1945) is titled, "Illustrating Methods for Loading and Bracing Carload and Less Than Carload Shipments of Loaded Projectiles, Loaded Bombs, Etc.," 1943 edition. (iii) Bureau of Explosives Pamphlet No. 6C is titled, "Illustrating Methods for Loading and Bracing Trailers and Less-Than Trailer Shipments of Explosives and Other Dangerous Articles Via Trailer-on-Flat-Car (TOFC) or Container-on-Flat-Car (COFC)," September 1968. (iv) Bureau of Explosives Pamphlets 1 and 2 titled, "Emergency Handling of Hazardous Materials in Surface Transportation," June 1973. (8) NACE Standard TM-01-69 is titled, "Test Method Laboratory Corrosion Testing of Metals for the Process Industries," 1969 edition. (9) IME Standard is titled, "IMF Standard for the Safe Transportatio. of Electric Blasting Caps in the Same Vehicle With Other Explosives," dated November 5, 1971 (IME Safety Library Publication No. 22). (10) IAEA "Regulations for the Safe Transport of Radioactive Materials", 1967 Edition and 1973 Revised Edison, Safety Series, No. 6. (11) United States Atomic Energy Commission (USAEC): (i) Title 10, Code of Federal Regulations, Part 71 is titled, "Packaging of Radioactive Materials for Transport and Transportation of Radioactive Materials Under Certain Conditions." (12) U.S. Department of Commerce, National Bureau of Standards Handbook H28 (1957)-Part II is titled, "Screw-Thread Standards for Federal Services 1957," December 1966 edition. (13) National Wooden Box Association's Specification 1-1B is titled "Specifications for Nailed Wooden and Lock Corner Boxes for Industrial Use," May 1958. Amended in part October 1961. (14) American Water Works Association (AWWA) Standard C207-55 is titled, "AWWA Standard for Steel Pipe Flanges," 1955 edition. (15) American Welding Society (AWS): (i) AWS Code B-3.0 is titled, "Standard Qualification Procedure," 1972 edition. (ii) AWS Code D-1.0 is titled, "Code for Welding in Building Construction," 1966 edition. (16) USDC, CAPE-1662, one of the series of "Civilian Applications Program Engineering Drawings" which is a package of information including drawings and bills of material, describing phenolic-foam insulated, protective overpacks. (i) USDC, USDOE Material and Equipment Specification No. SP-9, Rev. 1, and Supplement, is titled "Fire Resistant Phenolic Foam." (ii) USDC, ORO-651 is titled, "Uranium Hexafluoride Handling Procedures and Container Criteria," Revision 3, 1972 edition. (17) "International Maritime Dangerous Goods Code," (IMCO Code), Volumes I, II, III and IV, 1977 edition, and Amendments 14-76 and 15-77 thereto. (18) "Uniform Freight Classification 11." (19) General Services Administration, Federal Specification RR-C-901b is titled "Cylinders, Compressed Gas: With Value or Plug and Cap; ICC 3AA," August 1, 1967. (e) Matters referenced by footnote are included as part of the regulations of this subchapter. (49 U.S.C. 1803, 1804, 1808; 49 CFR 1.53. App. A to Part 1, and paragraph (a) of App. A to Part 106) [Amdt. 171-4, 34 FR 18247, Nov. 14, 1969] NOTE: For amendments to § 171.7 see the List of CFR Sections Affected appearing in the Finding Aids section of this volume. § 171.8 Definitions and abbreviations. In this subchapter, "Approved" means approval issued or recognized by the Department unless otherwise specifically indicated in this subchapter. "Away from" See § 176.83. "Barge" means a non-selfpropelled vessel. "Bottle" means a container having a neck of relatively smaller cross section than the body and an opening capable of holding a closure for retention of the contents. "Break-bulk" means packages of hazardous materials that are handled individually, palletized, or unitized for purposes of transportation as opposed to bulk and containerized freight. "Bureau of Explosives" means the Bureau of Explosives (B of E) of the Association of American Railroads. "C" means Celsius or Centigrade. "Captain of the Port" means the Officer of the Coast Guard, under the command of a District Commander, so designated by the Commandant for the purpose of giving immediate direction to Coast Guard law enforcement activities within his assigned area or, with respect to remaining areas in his District not assigned to officers designated by the Commandant, the District Commander. "Carfloat" means a vessel that operates on a short run on an irregular basis and serves one or more points in a port area as an extension of a rail line or highway over water, and does not operate in ocean, coastwise, or ferry service. "Cargo-only aircraft" means an aircraft that is used to transport cargo and is not engaged in carrying passengers. "Cargo tank" means any tank permanently attached to or forming a part of any motor vehicle or any bulk liquid or compressed gas packaging not permanently attached to any motor vehicle which by reason of its size, construction, or attachment to a |