§ 832. Transportation of explosives, radioactive materials, etiologic agents, and other dangerous articles.

(a) Any person who knowingly transports, carries, or conveys within the United States, any dangerous explosives, such as and including, dynamite, blasting caps, detonating fuzes, black powder, gunpowder, or other like explosive, or any radioactive materials, or etiologic agents, on or in any passenger car or passenger vehicle of any description operated in the transportation of passengers by any for-hire carrier engaged in interstate or foreign commerce, by land, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and, if the death or bodily injury of any person results from a violation of this section, shall be fined not more than $10,000 or imprisoned not more than ten years, or both: Provided, however, That such explosives, radioactive materials, or etiologic agents may be transported on or in such car or vehicle whenever the Interstate Commerce Commission finds that an emergency requires an expedited movement, in which case such emergency movements shall be made subject to such regulations as the Commission may deem necessary or desirable in the public interest in each instance: Provided further, That under this section it shall be lawful to transport on or in any such car or vehicle, small quantities of explosives, radioactive materials, etiologic agents, or other dangerous commodities of the kinds, in such amounts, and under such conditions as may be determined by the Interstate Commerce Commission to involve no appreciable danger to persons or property: And provided further, That it shall be lawful to transport on or in any such car or vehicle such fusees, torpedoes, rockets, or other signal devices as may be essential to promote safety in the operation of any such car or vehicle on or in which transported. This section shall not prevent the transportation of military forces with their accompanying munitions of war on passengerequipment cars or vehicles.

(b) No person shall knowingly transport, carry or convey within the United States liquid nitro-glycerin, fulminate in bulk in dry condition, or other similarly dangerous explosives, or radioactive materials, or etiologic agents, on or in any car or vehicle of any description operated in the transportation of passengers or property by any carrier engaged in interstate or foreign commerce, by land, except under such rules and regulations as the Commission shall specifically prescribe with respect to the safe transportation of such commodities. The Commission shall from time to time determine and prescribe what explosives are "other similarly dangerous explosives", and may prescribe the route or routes over which such explosives, radioactive materials, or etiologic agents shall be transported. Any person who violates this provision, or any regulation prescribed hereunder by the Interstate Commerce Commission, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and, if the death or bodily injury of any person results from a violation of this section, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

(c) Any shipment of radioactive materials made by or under the direction or supervision of the Atomic Energy Commission or the Department of Defense which is escorted by personnel specially designated by or under the authority of the Atomic Energy Commission or the Department of Defense, as the case may be, for the purpose of national security, shall be exempt from the requirements of sections 831-835 of this chapter and the rules and regulations prescribed thereunder. In the case of any shipment of radioactive materials made by or under the direction or supervision of the Atomic Energy Commission or the Department of Defense, which is not so escorted by specially designated personnel, certification upon the bill of lading by or under the authority of the Atomic Energy Commission or the Department of Defense, as the case may be, that the shipment contains radioactive materials shall be conclusive as to content, and no further description shall be necessary or required; but each package, receptacle, or other container in such unescorted shipment shall on the outside thereof be plainly marked "radioactive materials", and shall not be opened for inspection by the carrier. (June 25, 1948, ch. 645, 62 Stat. 738; Sept. 6, 1960, Pub. L. 86-710, 74 Stat. 809.)

§ 833. Marking packages containing explosives and other dangerous articles. Any person who knowingly delivers to any carrier engaged in interstate or foreign commerce by land or water, and any person who knowingly carries

on or in any car or vehicle of any description operated in the transportation of passengers or property by any carrier engaged in interstate or foreign commerce, by land, any explosive, or other dangerous article, specified in or designated by the Interstate Commerce Commission pursuant to section 834 of this chapter, under any false or deceptive marking, description, invoice, shipping order, or other declaration, or any person who so delivers any such article without informing such carrier in writing of the true character thereof, at the time such delivery is made, or without plainly marking on the outside of every package containing explosives or other dangerous articles the contents thereof, if such marking is required by regulations prescribed by the Interstate Commerce Commission, shall be fined not more than $1,000 or imprisoned not more than one year, or both, and, if the death or bodily injury of any person results from the violation of this section, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 739; Sept. 6, 1960, Pub. L. 86-710, 74 Stat. 810.)

§ 834. Regulations by Interstate Commerce Commission.

(a) The Interstate Commerce Commission shall formulate regulations for the safe transportation within the United States of explosives and other dangerous articles, including radioactive materials, etiologic agents, flammable liquids, flammable solids, oxidizing materials, corrosive liquids, compressed gases, and poisonous substances, which shall be binding upon all carriers engaged in interstate or foreign commerce which transport explosives or other dangerous articles by land, and upon all shippers making shipments of explosives or other dangerous articles via any carrier engaged in interstate or foreign commerce by land or water.

(b) The Commission, of its own motion, or upon application made by any interested party, may make changes or modifications in such regulations, made desirable by new information or altered conditions. Before adopting any regulations relating to radioactive materials the Interstate Commerce Commission shall advise and consult with the Atomic Energy Commission.

(c) Such regulations shall be in accord with the best-known practicable means for securing safety in transit, covering the packing, marking, loading, handling while in transit, and the precautions necessary to determine whether the material when offered is in proper condition to transport.

(d) Such regulations, as well as all changes or modifications thereof, shall, unless a shorter time is specified by the Commission, take effect ninety days after their formulation and publication by the Commission and shall be in effect until reversed, set aside, or modified.

(e) In the execution of sections 831-835, inclusive, of this chapter the Commission may utilize the services of carrier and shipper associations, including the Bureau for the Safe Transportation of Explosives and other Dangerous Articles, and may avail itself of the advice and assistance of any department, commission, or board of the Federal Government, and of State and local governments, but no official or employee of the United States shall receive any additional compensation for such service except as now permitted by law.

(f) Whoever knowingly violates any such regulation shall be fined not more than $1,000 or imprisoned not more than one year, or both; and, if the death or bodily injury of any person results from such violation, shall be fined not more than $10,000 or imprisoned not more than ten years, or both, (June 25, 1948, ch. 645, 62 Stat. 739; Sept. 6, 1960, Pub. L. 86-710, 74 Stat. 810.)

§ 835. Administration.

(a) The Interstate Commerce Commission is authorized and directed to administer, execute, and enforce all provisions of sections 831-835, inclusive of this chapter, to make all necessary orders in connection therewith, and to prescribe rules, regulations, and procedure for such administration, and to employ such officers and employees as may be necessary to carry out these functions.

(b) The Commission is authorized to make such studies and conduct such investigations, obtain such information, and hold such hearings as it may deem necessary or proper to assist it in exercising any authority provided in sections 831-835, inclusive, of this chapter. For such purposes the Commission

is authorized to administer oaths and affirmations, and by subpena to require any person to appear and testify, or to appear and produce documents, or both, at any designated place. No person shall be excused from complying with any requirement under this paragraph because of his privilege against self-incrimination, but the immunity provisions of the Compulsory Testimony Act of February 11, 1893 (49 U.S.C. 46), shall apply with respect to any individual who specifically claims such privilege: Provided, however, That before any person may be required to appear and testify or produce documentary evidence, he shall be advised by the Commission that he must specifically claim such privilege. Witnesses subpenaed under this subsection shall be paid the same fees and mileage as are paid witnesses in the district courts of the United States.

(c) In administering and enforcing the provisions of sections 831-835, inclusive, of this chapter and the regulations prescribed thereunder the Commission shall have and exercise all the powers conferred upon it by the Interstate Commerce Act, including procedural and investigative powers and the power to examine and inspect records and properties of carriers engaged in transporting explosives and other dangerous articles in interstate or foreign commerce and the records and properties of shippers to the extent that such records and properties pertain to the packing and shipping of explosives and other dangerous articles and the nature of such commodities. (June 25, 1948, ch. 645, 62 Stat. 739; Sept. 6, 1960, Pub. L. 86-710, 74 Stat. 811.)

SUBPART C. REGULATIONS

TITLE 49, CODE OF FEDERAL REGULATIONS, TRANSPORTATION Chapter III-FEDERAL HIGHWAY ADMINISTRATION

DEPARTMENT OF TRANSPORTATION

SUBCHAPTER B-MOTOR CARRIER SAFETY REGULATIONS

PART 385-COLLECTION AND COMPROMISE OF CLAIMS FOR FORFEITURES UNDER SECTION 222(h) OF THE INTERSTATE COMMERCE ACT*

(For standards not shown here see listing in table of contents.)

AUTHORITY: The provisions of this Part 385 are issued under secs. 204 and 222 of the Interstate Commerce Act, as amended (49 U.S.C. 304, 322), the Federal Claims Collection Act of 1966 (P.L. 89-503, 31 U.S.C. 951-953), and the delegation of authority contained in Part 89 of the regulations of the Office of the Secretary of Transportation.

§ 385.1 Scope of the rules in this part; exclusions.

(a) This part sets forth rules governing the collection and compromise of claims for civil forfeitures imposed pursuant to section 222 (h) of the Interstate Commerce Act, as amended, 49 U.S.C. 322(h).

(b) The rules of this part do not apply to claims in excess of $20,000 or to claims as to which there is an indication of fraud, misrepresentation, or the presentation of a false claim by the respondent. For the purpose of determining the amount of a claim, each violation of law is deemed to create a separate claim.

§ 385.2 Delegation of authority.

The functions, powers, and duties of the Federal Highway Administrator to collect and to compromise claims of the United States for civil forfeitures

*Published in the Federal Register, 34 F.R. 936, Jan. 22, 1969.

under section 222(h) of the Interstate Commerce Act (49 U.S.C. 322(h)) and to suspend and terminate actions to collect such claims are delegated to the Director of the Bureau of Motor Carrier Safety. The Director may redelegate the functions, powers, and duties delegated to him by this section, but he may not authorize a further redelegation of his authority.

§ 385.3 Notice of claim.

(a) Whenever the Director of the Bureau of Motor Carrier Safety has reason to believe that a person may be liable to the United States for a forfeiture under section 222 (h) of the Interstate Commerce Act (49 U.S.C. 322(h)), he may send the person (hereinafter referred to as the "respondent") a notice of claim containing the information specified in § 385.4. The notice shall be signed by the Director and shall be sent to the respondent by registered or certified mail.

(b) Neither the issuance nor the contents of a notice of claim restricts the Administration from taking any enforcement or other action deemed advisable with respect to the matters contained in the notice of claim.

§ 385.4 Contents of notice of claim.

(a) A notice of claim must contain—

(1) A statement of the provisions of law the Director believes the respondent has violated;

(2) A brief statement of the facts constituting each violation;

(3) Notice of the maximum amount which the respondent may be required to forfeit on account of each violation; and

(4) The form in which and the place where the respondent may pay the the claim.

(b) A notice of claim may contain—

(1) The name and address of the employee of the Federal Highway Administration authorized to discuss the merits of the claim and compromise of the amount claimed;

(2) Any action, other than imposition of a forfeiture, which may be taken against the respondent; and

(3) Any other matter which the Director deems appropriate.

§ 385.5 Response to notice of claim.

The respondent should respond to the notice of claim within 30 days after it is issued or within such further time as the Director may specify in the notice. The response should state whether the respondent is willing to pay the claim upon the terms stated in the notice, or wishes to discuss payment of the claim with the Director or his representative. If the Director or his representative and the respondent agree upon the terms of payment of the claim, they shall prepare and execute a settlement agreement that embodies those terms and that complies with § 385.6.

§ 385.6 Settlement agreement.

(a) Each settlement agreement shall contain

(1) A statement of the statutory basis for the claim;

(2) A brief statement of the violations with which the respondent was charged;

(3) The full amount of the claim and the amount to be paid in compromise of the claim;

(4) The date, place, and form of payment, including the terms of any agreement for payment in installments;

(5) A statement that the settlement agreement has no force and effect and is not binding upon the Federal Highway Administration unless and until the Director executes it; and

(6) Such consent orders, stipulations, waivers, and other provisions as the Director deems necessary or appropriate to assure future compliance with applicable statutes and regulations.

(b) An executed settlement agreement is binding on the respondent and the Director according to its terms. The respondent's consent to a settlement agreement that has not been executed by the Director may not be withdrawn for a period of 30 days after the date it was executed by the respondent. [F.R. Doc. 69–790; Filed, Jan. 21, 1969; 8:48 a.m.]

PART 386-RULES OF PRACTICE FOR MOTOR CARRIER SAFETY PROCEEDINGS UNDER SECTION 204 (c) OF THE INTERSTATE COMMERCE ACT*

Subpart D-Hearing Examiner; Prehearing Conferences; Hearings 386.31 Hearing examiner.

Hearings.

386.34 Proposed findings of fact, conclusion of law, and orders.

AUTHORITY. The provisions of this Part are issued under secs. 204, 220, and 222 of the Interstate Commerce Act, as amended (49 U.S.C. 304, 320, 322), secs. 834 and 835 of title 18, United States Code, sec. 6 of the Department of Transportation Act (80 Stat. 937; 49 U.S.C. 1655), and the delegation of authority contained in Part I of the regulations of the Office of the Secretary.

Subpart A-Scope of Rules; Definitions

§ 386.1 Scope of rules in this part.

The rules in this part govern procedure in proceedings before the Federal Highway Administrator authorized by section 204 (c) of the Interstate Commerce Act (49 U.S.C. 304 (c)). The purpose of the proceedings is to enable the Administrator, after notice and hearing in accordance with 5 U.S.C. 551–559, to determine whether any motor carrier subject to the jurisdiction of the Federal Highway Administration under Part II of the Interstate Commerce Act or 18 U.S.C. 831-835 has failed to comply with any provision or requirement of those statutes or of the regulations issued under them and, if such a violation is found, to issue an appropriate order to compel compliance with the statute or regulations.

§ 386.2 Definitions.

(a) "Administrator" means the Federal Highway Administrator.
(b) "Administration" means the Federal Highway Administration.

(c) "Respondent' means a party against whom relief is sought in a notice of investigation.

(d) "Intervenor" means a party who has petitioned for, and has been granted, leave to intervene under § 386.14.

Subpart B-Pleadings

§ 386.11 Commencement of proceedings.

(a) Notice of investigation. Proceedings under this part are commenced by issuance of a notice of investigation. The Administrator or any authorized officer or employee of the Administration may issue a notice of investigation on his own motion or upon a complaint filed pursuant to § 386.12. (b) Contents. Each notice of investigation must contain:

*Published in the Federal Register, 34 F.R. 936 Jan. 22, 1969.