DOT 49 CFR PART 190-2010 PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES.pdf

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1、7 SUBCHAPTER DPIPELINE SAFETY PARTS 186189 RESERVED PART 190PIPELINE SAFETY PRO-GRAMS AND RULEMAKING PRO-CEDURES Subpart AGeneral Sec. 190.1 Purpose and scope. 190.3 Definitions. 190.5 Service. 190.7 Subpoenas; witness fees. 190.9 Petitions for finding or approval. 190.11 Availability of informal gu

2、idance and interpretive assistance. Subpart BEnforcement 190.201 Purpose and scope. 190.203 Inspections and investigations. 190.205 Warning letters. 190.207 Notice of probable violation. 190.209 Response options. 190.211 Hearing. 190.213 Final order. 190.215 Petitions for reconsideration. COMPLIANCE

3、 ORDERS 190.217 Compliance orders generally. 190.219 Consent order. CIVIL PENALTIES 190.221 Civil penalties generally. 190.223 Maximum penalties. 190.225 Assessment considerations. 190.227 Payment of penalty. CRIMINAL PENALTIES 190.229 Criminal penalties generally. 190.231 Referral for prosecution.

4、SPECIFIC RELIEF 190.233 Corrective action orders. 190.235 Injunctive action. 190.237 Amendment of plans or procedures. 190.239 Safety orders. Subpart CProcedures for Adoption of Rules 190.301 Scope. 190.303 Delegations. 190.305 Regulatory dockets. 190.307 Records. 190.309 Where to file petitions. 19

5、0.311 General. 190.313 Initiation of rulemaking. 190.315 Contents of notices of proposed rule-making. 190.317 Participation by interested persons. 190.319 Petitions for extension of time to comment. 190.321 Contents of written comments. 190.323 Consideration of comments received. 190.325 Additional

6、rulemaking proceedings. 190.327 Hearings. 190.329 Adoption of final rules. 190.331 Petitions for rulemaking. 190.333 Processing of petition. 190.335 Petitions for reconsideration. 190.337 Proceedings on petitions for recon-sideration. 190.338 Appeals. 190.339 Direct final rulemaking. 190.341 Special

7、 permits. AUTHORITY: 33 U.S.C. 1321; 49 U.S.C. 5101 5127, 60101 et seq.; 49 CFR 1.53. SOURCE: 45 FR 20413, Mar. 27, 1980, unless otherwise noted. Subpart AGeneral 190.1 Purpose and scope. (a) This part prescribes procedures used by the Pipeline and Hazardous Materials Safety Administration in carryi

8、ng out duties regarding pipeline safety under 49 U.S.C. 60101 et seq. (the pipeline safety laws) and 49 U.S.C. 5101 et seq. (the hazardous material trans-portation laws). (b) This subpart defines certain terms and prescribes procedures that are ap-plicable to each proceeding described in this part.

9、45 FR 20413, Mar. 27, 1980, as amended by Amdt. 1906, 61 FR 18512, Apr. 26, 1996; 70 FR 11137, Mar. 8, 2005 190.3 Definitions. As used in this part: Administrator means the Adminis-trator, Pipeline and Hazardous Mate-rials Safety Administration or his or her delegate. Hearing means an informal con-f

10、erence or a proceeding for oral presen-tation. Unless otherwise specifically prescribed in this part, the use of hearing is not intended to require a hearing on the record in accordance with section 554 of title 5, U.S.C. OPS means the Office of Pipeline Safety, which is part of the Pipeline and Haz

11、ardous Materials Safety Ad-ministration, U.S. Department of Transportation. VerDate Mar2010 11:22 Dec 13, 2010 Jkt 220214 PO 00000 Frm 00017 Fmt 8010 Sfmt 8010 Y:SGML220214.XXX 220214wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without licens

12、e from IHS-,-,-8 49 CFR Ch. I (10110 Edition) 190.5 Person means any individual, firm, joint venture, partnership, corporation, association, State, municipality, coop-erative association, or joint stock asso-ciation, and includes any trustee, re-ceiver, assignee, or personal represent-ative thereof.

13、 Presiding Official means the person who conducts any hearing relating to civil penalty assessments, compliance orders or hazardous facility orders. Regional Director means the head of any one of the Regional Offices of the Office of Pipeline Safety, or a designee appointed by the Regional Director.

14、 Regional Offices are located in Tren-ton, NJ (Eastern Region); Atlanta, Georgia (Southern Region); Kansas City, Missouri (Central Region); Hous-ton, Texas (Southwest Region); and Lakewood, Colorado (Western Region). Respondent means a person upon whom the OPS has served a notice of probable violati

15、on. PHMSA means the Pipeline and Haz-ardous Materials Safety Administra-tion of the United States Department of Transportation. State means a State of the United States, the District of Columbia and the Commonwealth of Puerto Rico. Amdt. 1906, 61 FR 18513, Apr. 26, 1996, as amended at 68 FR 11749, M

16、ar. 12, 2003; 70 FR 11137, Mar. 8, 2005; Amdt. 19015, 74 FR 62505, Nov. 30, 2009 190.5 Service. (a) Each order, notice, or other docu-ment required to be served under this part shall be served personally, by reg-istered or certified mail, overnight courier, or electronic transmission by facsimile or

17、 other electronic means that includes reliable acknowledge-ment of actual receipt. (b) Service upon a persons duly au-thorized representative or agent con-stitutes service upon that person. (c) Service by registered or certified mail or overnight courier is complete upon mailing. Service by electron

18、ic transmission is complete upon trans-mission and acknowledgement of re-ceipt. An official receipt for the mail-ing from the U.S. Postal Service or overnight courier, or a facsimile or other electronic transmission con-firmation, constitutes prima facie evi-dence of service. 45 FR 20413, Mar. 27, 1

19、980, as amended at 73 FR 16567, Mar. 28, 2008 190.7 Subpoenas; witness fees. (a) The Administrator, PHMSA, the Chief Counsel, PHMSA, or the official designated by the Administrator, PHMSA, to preside over a hearing con-vened in accordance with this part, may sign and issue subpoenas individ-ually on

20、 their own initiative or, upon request and adequate showing by any person participating in the proceeding that the information sought will mate-rially advance the proceeding. (b) A subpoena may require the at-tendance of a witness, or the produc-tion of documentary or other tangible evidence in the

21、possession or under the control of person served, or both. (c) A subpoena may be served person-ally by any person who is not an inter-ested person and is not less than 18 years of age, or by certified or reg-istered mail. (d) Service of a subpoena upon the person named therein shall be made by deliv

22、ering a copy of the subpoena to such person and by tendering the fees for one days attendance and mileage as specified by paragraph (g) of this section. When a subpoena is issued at the instance of any officer or agency of the United States, fees and mileage need not be tendered at the time of servi

23、ce. Delivery of a copy of a sub-poena and tender of the fees to a nat-ural person may be made by handing them to the person, leaving them at the persons office with the person in charge thereof, leaving them at the persons dwelling place or usual place of abode with some person of suitable age and d

24、iscretion then residing there-in, by mailing them by registered or certified mail to the person at the last known address, or by any method whereby actual notice is given to the person and the fees are made available prior to the return date. (e) When the person to be served is not a natural person,

25、 delivery of a copy of the subpoena and tender of the fees may be effected by handing them to a designated agent or representative for service, or to any officer, director, or VerDate Mar2010 11:22 Dec 13, 2010 Jkt 220214 PO 00000 Frm 00018 Fmt 8010 Sfmt 8010 Y:SGML220214.XXX 220214wwoods2 on DSK1DX

26、X6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-9 Pipeline and Hazardous Materials Safety Administration, DOT 190.9 agent in charge of any office of the per-son, or by mailing them by registered or certified mail to that agent or rep

27、-resentative and the fees are made available prior to the return date. (f) The original subpoena bearing a certificate of service shall be filed with the official having responsibility for the proceeding in connection with which the subpoena was issued. (g) A subpoenaed witness shall be paid the sam

28、e fees and mileage as would be paid to a witness in a pro-ceeding in the district courts of the United States. The witness fees and mileage shall be paid by the person at whose instance the subpoena was issued. (h) Notwithstanding the provisions of paragraph (g) of this section, and upon request, th

29、e witness fees and mileage may be paid by the PHMSA if the offi-cial who issued the subpoena deter-mines on the basis of good cause shown, that: (1) The presence of the subpoenaed witness will materially advance the proceeding; and (2) The person at whose instance the subpoena was issued would suffe

30、r a se-rious hardship if required to pay the witness fees and mileage. (i) Any person to whom a subpoena is directed may, prior to the time speci-fied therein for compliance, but in no event more than 10 days after the date of service of such subpoena, apply to the official who issued the subpoena,

31、or if the person is unavailable, to the Ad-ministrator, PHMSA to quash or mod-ify the subpoena. The application shall contain a brief statement of the rea-sons relied upon in support of the ac-tion sought therein. The Adminis-trator, PHMSA, or this issuing official, as the case may be, may: (1) Deny

32、 the application; (2) Quash or modify the subpoena; or (3) Condition a grant or denial of the application to quash or modify the sub-poena upon the satisfaction of certain just and reasonable requirements. The denial may be summary. (j) Upon refusal to obey a subpoena served upon any person under th

33、e pro-visions of this section, the PHMSA may request the Attorney General to seek the aid of the U. S. District Court for any District in which the person is found to compel that person, after no-tice, to appear and give testimony, or to appear and produce the subpoenaed documents before the PHMSA,

34、or both. 45 FR 20413, Mar. 27, 1980, as amended by Amdt. 1906, 61 FR 18513, Apr. 26, 1996; Amdt. 1907, 63 FR 7722, Feb. 17, 1998; 70 FR 11137, Mar. 8, 2005 190.9 Petitions for finding or ap-proval. (a) In circumstances where a rule contained in parts 192, 193 and 195 of this chapter authorizes the A

35、dminis-trator to make a finding or approval, an operator may petition the Adminis-trator for such a finding or approval. (b) Each petition must refer to the rule authorizing the action sought and contain information or arguments that justify the action. Unless otherwise specified, no public proceedi

36、ng is held on a petition before it is granted or de-nied. After a petition is received, the Administrator or participating state agency notifies the petitioner of the disposition of the petition or, if the re-quest requires more extensive consider-ation or additional information or comments are requ

37、ested and delay is expected, of the date by which action will be taken. (1) For operators seeking a finding or approval involving intrastate pipeline transportation, petitions must be sent to: (i) The State agency certified to par-ticipate under 49 U.S.C. 60105. (ii) Where there is no state agency c

38、ertified to participate, the Adminis-trator, Pipeline and Hazardous Mate-rials Safety Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590. (2) For operators seeking a finding or approval involving interstate pipeline transportation, petitions must be sent to the Administrator, Pipeline

39、and Hazardous Materials Safety Adminis-tration, 1200 New Jersey Avenue, SE, Washington, DC 20590. (c) All petitions must be received at least 90 days prior to the date by which the operator requests the finding or ap-proval to be made. (d) The Administrator will make all findings or approvals of pet

40、itions initi-ated under this section. A participating VerDate Mar2010 11:22 Dec 13, 2010 Jkt 220214 PO 00000 Frm 00019 Fmt 8010 Sfmt 8010 Y:SGML220214.XXX 220214wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-10 49 C

41、FR Ch. I (10110 Edition) 190.11 state agency receiving petitions initi-ated under this section shall provide the Administrator a written rec-ommendation as to the disposition of any petition received by them. Where the Administrator does not reverse or modify a recommendation made by a state agency

42、within 10 business days of its receipt, the recommended disposi-tion shall constitute the Administra-tors decision on the petition. Amdt. 1905, 59 FR 17280, Apr. 12, 1994, as amended by Amdt. 1906, 61 FR 18513, Apr. 26, 1996; 70 FR 11137, Mar. 8, 2005; 73 FR 16566, Mar. 28, 2008 190.11 Availability

43、of informal guid-ance and interpretive assistance. (a) Availability of telephonic and Inter-net assistance. (1) PHMSA has estab-lished a website on the Internet and a telephone line at the Office of Pipeline Safety headquarters where small oper-ators and others can obtain informa-tion on and advice

44、about compliance with pipeline safety regulations, 49 CFR parts 190199. The website and telephone line are staffed by personnel from PHMSAs Office of Pipeline Safe-ty from 9:00 a.m. through 5:00 p.m., Eastern time, Monday through Friday, except Federal holidays. When the lines are not staffed, indiv

45、iduals may leave a recorded voicemail message, or post a message at the OPS website. All messages will receive a response by the following business day. The telephone number for the OPS information line is (202) 3664595 and the OPS website can be accessed via the Internet at http:/ ops.dot.gov. (2)

46、PHMSAs Office of the Chief Coun-sel (OCC) is available to answer ques-tions concerning Federal pipeline safe-ty law, 49 U.S.C. 60101 et seq. OCC may be contacted by telephone (2023664400) from 9:00 a.m. to 4:00 p.m. Eastern time, Monday through Friday, except Federal holidays. Information and guidan

47、ce concerning Federal pipeline safety law may also be obtained by contacting OCC via the Internet at http:/rspa-atty.dot.gov. (b) Availability of Written Interpreta-tions. (1) A written regulatory interpre-tation, response to a question, or an opinion concerning a pipeline safety issue may be obtain

48、ed by submitting a written request to the Office of Pipe-line Safety (PHP30), PHMSA, U.S. De-partment of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 205900001. The requestor must include his or her return address and should also include a daytime telephone num-ber. Written requests sh

49、ould be sub-mitted at least 120 days before the time the requestor needs the response. (2) A written interpretation regard-ing Federal pipeline safety law, 49 U.S.C 60101 et seq., may be obtained from the Office of the Chief Counsel, PHMSA, U.S. Department of Transpor-tation, 1200 New Jersey Avenue, SE, Washington, DC 205900001. The re-questor must include his or her return address and should also include a day-time telephone number.