cfr_sections
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63 rows where part_number = 190 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 49:49:3.1.1.2.6.1.5.1 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | A | Subpart A—General | § 190.1 Purpose and scope. | PHMSA | [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18512, Apr. 26, 1996; 70 FR 11137, Mar. 8, 2005; Amdt. 190-16, 78 FR 58908, Sept. 25, 2013] | (a) This part prescribes procedures used by the Pipeline and Hazardous Materials Safety Administration in carrying out duties regarding pipeline safety under 49 U.S.C. 60101 et seq. (the pipeline safety laws) and 33 U.S.C. 1321 (the water pollution control laws). (b) This subpart defines certain terms and prescribes procedures that are applicable to each proceeding described in this part. | |||
| 49:49:3.1.1.2.6.1.5.2 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | A | Subpart A—General | § 190.3 Definitions. | PHMSA | [Amdt. 190-6, 61 FR 18513, Apr. 26, 1996, as amended at 68 FR 11749, Mar. 12, 2003; 70 FR 11137, Mar. 8, 2005; Amdt. 190-15, 74 FR 62505, Nov. 30, 2009; Amdt. 190-16, 78 FR 58908, Sept. 25, 2013; Amdt. 190-18, 81 FR 70985, Oct. 14, 2016; Amdt. 190-19, 82 FR 7995, Jan. 23, 2017; Amdt. 190-21, 84 FR 52026, Oct. 1, 2019; Amdt. 190-23, 90 FR 28046, July 1, 2025] | As used in this part: Administrator means the Administrator, Pipeline and Hazardous Materials Safety Administration or his or her delegate. Associate Administrator means the Associate Administrator for Pipeline Safety, or his or her delegate. Chief Counsel means the Chief Counsel of PHMSA. Day means a 24-hour period ending at 11:59 p.m. Unless otherwise specified, a day refers to a calendar day. When a deadline mandated by this part is scheduled to fall on a day that is a Saturday, Sunday, or Federal holiday, the deadline will be adjusted to the next business day. Emergency order means a written order issued in response to an imminent hazard imposing restrictions, prohibitions, or safety measures on owners and operators of gas or hazardous liquid pipeline facilities, without prior notice or an opportunity for a hearing. Formal hearing means a formal review in accordance with 5 U.S.C. 554, conducted by an administrative law judge. Hearing means an informal conference or a proceeding for oral presentation. 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. Imminent hazard means the existence of a condition relating to a gas or hazardous liquid pipeline facility that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of such death, illness, injury or endangerment. New and novel technologies means any products, designs, materials, testing, construction, inspection, or operational procedures that are not addressed in 49 CFR parts 192, 193, or 195, due to technology or design advances and innovation for new construction. Technologies that are addressed in consensus standards that are incorporated by reference into parts 192, 193, and 195 are not “new or novel technolo… | |||
| 49:49:3.1.1.2.6.1.5.3 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | A | Subpart A—General | § 190.5 Service. | PHMSA | [45 FR 20413, Mar. 27, 1980, as amended at 73 FR 16567, Mar. 28, 2008; Amdt. 190-16, 78 FR 58909, Sept. 25, 2013; Amdt. 190-18, 81 FR 70985, Oct. 14, 2016; Amdt. 190-21, 84 FR 52026, Oct. 1, 2019] | (a) Each order, notice, or other document required to be served under this part, will be served personally, by certified mail, overnight courier, or electronic transmission by facsimile or other electronic means that includes reliable acknowledgement of actual receipt. (b) Service upon a person's duly authorized representative or agent constitutes service upon that person. (c) Service by certified mail or overnight courier is complete upon mailing. Service by electronic transmission is complete upon transmission and acknowledgement of receipt. An official receipt for the mailing from the U.S. Postal Service or overnight courier, or a facsimile or other electronic transmission confirmation, constitutes prima facie evidence of service. | |||
| 49:49:3.1.1.2.6.1.5.4 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | A | Subpart A—General | § 190.7 Subpoenas; witness fees. | PHMSA | [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-7, 63 FR 7722, Feb. 17, 1998; 70 FR 11137, Mar. 8, 2005; Amdt. 190-16, 78 FR 58909, Sept. 25, 2013] | (a) The Administrator, Chief Counsel, or the official designated by the Administrator to preside over a hearing convened in accordance with this part, may sign and issue subpoenas individually on his or her own initiative at any time, including pursuant to an inspection or investigation, or upon request and adequate showing by a participant to an enforcement proceeding that the information sought will materially advance the proceeding. (b) A subpoena may require the attendance of a witness, or the production of documentary or other tangible evidence in the possession or under the control of person served, or both. (c) A subpoena may be served personally by any person who is not an interested person and is not less than 18 years of age, or by certified mail. (d) Service of a subpoena upon the person named in the subpoena is achieved by delivering a copy of the subpoena to the person and by paying the fees for one day's 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 service. Delivery of a copy of a subpoena and tender of the fees to a natural person may be made by handing them to the person, leaving them at the person's office with a person in charge, leaving them at the person's residence with a person of suitable age and discretion residing there, by mailing them by 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, delivery of a copy of the subpoena and tender of the fees may be achieved by handing them to a designated agent or representative for service, or to any officer, director, or agent in charge of any office of the person, or by mailing them by certified mail to that agent or representative and the fees are made available prior to the return date. (f) The o… | |||
| 49:49:3.1.1.2.6.1.5.5 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | A | Subpart A—General | § 190.9 Petitions for finding or approval. | PHMSA | [Amdt. 190-5, 59 FR 17280, Apr. 12, 1994, as amended by Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; 70 FR 11137, Mar. 8, 2005; 73 FR 16566, Mar. 28, 2008] | (a) In circumstances where a rule contained in parts 192, 193 and 195 of this chapter authorizes the Administrator to make a finding or approval, an operator may petition the Administrator 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 proceeding is held on a petition before it is granted or denied. After a petition is received, the Administrator or participating state agency notifies the petitioner of the disposition of the petition or, if the request requires more extensive consideration or additional information or comments are requested 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 participate under 49 U.S.C. 60105. (ii) Where there is no state agency certified to participate, the Administrator, Pipeline and Hazardous Materials 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 and Hazardous Materials Safety Administration, 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 approval to be made. (d) The Administrator will make all findings or approvals of petitions initiated under this section. A participating state agency receiving petitions initiated under this section shall provide the Administrator a written recommendation 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 within 10 business days of its receipt, the recommended disposition shall constitute the Administrator's decision on the petition. | |||
| 49:49:3.1.1.2.6.1.5.6 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | A | Subpart A—General | § 190.11 Availability of informal guidance and interpretive assistance. | PHMSA | [Amdt. 190-16, 78 FR 58909, Sept. 25, 2013] | (a) Availability of telephonic and Internet assistance. PHMSA has established a Web site and a telephone line to OPS headquarters where information on and advice about compliance with the pipeline safety regulations specified in 49 CFR parts 190-199 is available. The Web site and telephone line are staffed by personnel from PHMSA's OPS from 9:00 a.m. through 5:00 p.m., Eastern Time, Monday through Friday, with the exception of Federal holidays. When the lines are not staffed, individuals may leave a recorded voicemail message or post a message on the OPS Web site. The telephone number for the OPS information line is (202) 366-4595 and the OPS Web site can be accessed via the Internet at http://phmsa.dot.gov/pipeline. (b) Availability of written interpretations. A written regulatory interpretation, response to a question, or an opinion concerning a pipeline safety issue may be obtained by submitting a written request to the Office of Pipeline Safety (PHP-30), PHMSA, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. The requestor must include his or her return address and should also include a daytime telephone number. Written requests should be submitted at least 120 days before the time the requestor needs a response. | |||
| 49:49:3.1.1.2.6.2.5.1 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.201 Purpose and scope. | PHMSA | [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-16, 78 FR 58909, Sept. 25, 2013] | (a) This subpart describes the enforcement authority and sanctions exercised by the Associate Administrator for achieving and maintaining pipeline safety and compliance under 49 U.S.C. 60101 et seq., 33 U.S.C. 1321(j), and any regulation or order issued thereunder. It also prescribes the procedures governing the exercise of that authority and the imposition of those sanctions. (b) A person who is the subject of action pursuant to this subpart may be represented by legal counsel at all stages of the proceeding. | |||
| 49:49:3.1.1.2.6.2.5.10 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.212 Presiding official, powers, and duties. | PHMSA | [Amdt. 190-16, 78 FR 58911, Sept. 25, 2013] | (a) General. The Presiding Official for a hearing conducted under § 190.211 is an attorney on the staff of the Deputy Chief Counsel who is not engaged in any investigative or prosecutorial functions, such as the issuance of notices under this subpart. If the designated Presiding Official is unavailable, the Deputy Chief Counsel may delegate the powers and duties specified in this section to another attorney in the Office of Chief Counsel who is not engaged in any investigative or prosecutorial functions under this subpart. (b) Time and place of the hearing. The Presiding Official will set the date, time and location of the hearing. To the extent practicable, the Presiding Official will accommodate the parties' schedules when setting the hearing. Reasonable notice of the hearing will be provided to all parties. (c) Powers and duties of Presiding Official. The Presiding Official will conduct a fair and impartial hearing and take all action necessary to avoid delay in the disposition of the proceeding and maintain order. The Presiding Official has all powers necessary to achieve those ends, including, but not limited to the power to: (1) Regulate the course of the hearing and conduct of the parties and their counsel; (2) Receive evidence and inquire into the relevant and material facts; (3) Require the submission of documents and other information; (4) Direct that documents or briefs relate to issues raised during the course of the hearing; (5) Set the date for filing documents, briefs, and other items; (6) Prepare a recommended decision; and (7) Exercise the authority necessary to carry out the responsibilities of the Presiding Official under this subpart. | |||
| 49:49:3.1.1.2.6.2.5.11 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.213 Final order. | PHMSA | [Amdt. 190-16, 78 FR 58911, Sept. 25, 2013] | (a) In an enforcement proceeding commenced under § 190.207, an attorney from the Office of Chief Counsel prepares a recommended decision after expiration of the 30-day response period prescribed in § 190.208. If a hearing is held, the Presiding Official prepares the recommended decision as set forth in § 190.211. The recommended decision is forwarded to the Associate Administrator who considers the case file and issues a final order. The final order includes— (1) A statement of findings and determinations on all material issues, including a determination as to whether each alleged violation has been proved; (2) If a civil penalty is assessed, the amount of the penalty and the procedures for payment of the penalty, provided that the assessed civil penalty may not exceed the penalty proposed in the notice of probable violation; and (3) If a compliance order is issued, a statement of the actions required to be taken by the respondent and the time by which such actions must be accomplished. (b) In cases where a substantial delay is expected in the issuance of a final order, notice of that fact and the date by which it is expected that action will be taken is provided to the respondent upon request and whenever practicable. | |||
| 49:49:3.1.1.2.6.2.5.12 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.215 [Reserved] | PHMSA | |||||
| 49:49:3.1.1.2.6.2.5.13 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.217 Compliance orders generally. | PHMSA | [Amdt. 190-16, 78 FR 58912, Sept. 25, 2013] | When a Regional Director has reason to believe that a person is engaging in conduct that violates 49 U.S.C. 60101 et seq., 33 U.S.C. 1321(j), or any regulation or order issued thereunder, and if the nature of the violation and the public interest so warrant, the Regional Director may initiate proceedings under §§ 190.207 through 190.213 to determine the nature and extent of the violations and for the issuance of an order directing compliance. | |||
| 49:49:3.1.1.2.6.2.5.14 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.219 Consent order. | PHMSA | [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18514, Apr. 26, 1996; Amdt. 190-16, 78 FR 58912, Sept. 25, 2013] | (a) At any time prior to the issuance of a compliance order under § 190.217, a corrective action order under § 190.233, or a safety order under § 190.239, the Regional Director and the respondent may agree to resolve the case by execution of a consent agreement and order, which may be jointly executed by the parties and issued by the Associate Administrator. Upon execution, the consent order is considered a final order under § 190.213. (b) A consent order executed under paragraph (a) of this section shall include: (1) An admission by the respondent of all jurisdictional facts; (2) An express waiver of further procedural steps and of all right to seek judicial review or otherwise challenge or contest the validity of that order; (3) An acknowledgement that the notice of probable violation may be used to construe the terms of the consent order; and (4) A statement of the actions required of the respondent and the time by which such actions shall be accomplished. (c) Prior to the execution of a consent agreement and order arising out of a corrective action order under § 190.233, the Associate Administrator will notify any appropriate State official in accordance with 49 U.S.C. 60112(c). | |||
| 49:49:3.1.1.2.6.2.5.2 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.203 Inspections and investigations. | PHMSA | [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-3, 56 FR 31090, July 9, 1991; Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-7, 61 FR 27792, June 3, 1996; Amdt. 190-7, 63 FR 7722, Feb. 17, 1998; 70 FR 11137, Mar. 8, 2005; Amdt. 190-16, 78 FR 58909, Sept. 25, 2013] | (a) Officers, employees, or agents authorized by the Associate Administrator for Pipeline Safety, PHMSA, upon presenting appropriate credentials, are authorized to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties are relevant to determining the compliance of such persons with the requirements of 49 U.S.C. 60101 et seq., or regulations or orders issued thereunder. (b) Inspections are ordinarily conducted pursuant to one of the following: (1) Routine scheduling by the Regional Director of the Region in which the facility is located; (2) A complaint received from a member of the public; (3) Information obtained from a previous inspection; (4) Report from a State Agency participating in the Federal Program under 49 U.S.C. 60105; (5) Pipeline accident or incident; or (6) Whenever deemed appropriate by the Associate Administrator. (c) If the Associate Administrator or Regional Director believes that further information is needed to determine appropriate action, the Associate Administrator or Regional Director may notify the pipeline operator in writing that the operator is required to provide specific information within 30 days from the time the notification is received by the operator, unless otherwise specified in the notification. The notification must provide a reasonable description of the specific information required. An operator may request an extension of time to respond by providing a written justification as to why such an extension is necessary and proposing an alternative submission date. A request for an extension may ask for the deadline to be stayed while the extension is considered. General statements of hardship are not acceptable bases for requesting an extension. (d) To the extent necessary to carry out the responsibilities under 49 U.S.C. 60101 et seq., the Administrator, or the Associate Administrator, may require testing of portions of pipeline facilities that have been in… | |||
| 49:49:3.1.1.2.6.2.5.3 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.205 Warnings. | PHMSA | [Amdt. 190-16, 78 FR 58909, Sept. 25, 2013] | Upon determining that a probable violation of 49 U.S.C. 60101 et seq., 33 U.S.C. 1321(j), or any regulation or order issued thereunder has occurred, the Associate Administrator or a Regional Director may issue a written warning notifying the operator of the probable violation and advising the operator to correct it or be subject to potential enforcement action in the future. The operator may submit a response to a warning, but is not required to. An adjudication under this subpart to determine whether a violation occurred is not conducted for warnings. | |||
| 49:49:3.1.1.2.6.2.5.4 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.206 Amendment of plans or procedures. | PHMSA | [Amdt. 190-16, 78 FR 58910, Sept. 25, 2013] | (a) A Regional Director begins a proceeding to determine whether an operator's plans or procedures required under parts 192, 193, 195, and 199 of this subchapter are inadequate to assure safe operation of a pipeline facility by issuing a notice of amendment. The notice will specify the alleged inadequacies and the proposed revisions of the plans or procedures and provide an opportunity to respond. The notice will allow the operator 30 days following receipt of the notice to submit written comments, revised procedures, or a request for a hearing under § 190.211. (b) After considering all material presented in writing or at the hearing, if applicable, the Associate Administrator determines whether the plans or procedures are inadequate as alleged. The Associate Administrator issues an order directing amendment of the plans or procedures if they are inadequate, or withdraws the notice if they are not. In determining the adequacy of an operator's plans or procedures, the Associate Administrator may consider: (1) Relevant pipeline safety data; (2) Whether the plans or procedures are appropriate for the particular type of pipeline transportation or facility, and for the location of the facility; (3) The reasonableness of the plans or procedures; and (4) The extent to which the plans or procedures contribute to public safety. (c) An order directing amendment of an operator's plans or procedures prescribed in this section may be in addition to, or in conjunction with, other appropriate enforcement actions prescribed in this subpart. | |||
| 49:49:3.1.1.2.6.2.5.5 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.207 Notice of probable violation. | PHMSA | [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-16, 78 FR 58910, Sept. 25, 2013] | (a) Except as otherwise provided by this subpart, a Regional Director begins an enforcement proceeding by serving a notice of probable violation on a person charging that person with a probable violation of 49 U.S.C. 60101 et seq., 33 U.S.C. 1321(j), or any regulation or order issued thereunder. (b) A notice of probable violation issued under this section shall include: (1) Statement of the provisions of the laws, regulations or orders which the respondent is alleged to have violated and a statement of the evidence upon which the allegations are based; (2) Notice of response options available to the respondent under § 190.208; (3) If a civil penalty is proposed under § 190.221, the amount of the proposed civil penalty and the maximum civil penalty for which respondent is liable under law; and (4) If a compliance order is proposed under § 190.217, a statement of the remedial action being sought in the form of a proposed compliance order. (c) The Regional Director may amend a notice of probable violation at any time prior to issuance of a final order under § 190.213. If an amendment includes any new material allegations of fact, proposes an increased civil penalty amount, or proposes new or additional remedial action under § 190.217, the respondent will have the opportunity to respond under § 190.208. | |||
| 49:49:3.1.1.2.6.2.5.6 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.208 Response options. | PHMSA | [Amdt. 190-16, 78 FR 58910, Sept. 25, 2013] | Within 30 days of receipt of a notice of probable violation, the respondent must answer the Regional Director who issued the notice in the following manner: (a) When the notice contains a proposed civil penalty— (1) If the respondent is not contesting an allegation of probable violation, pay the proposed civil penalty as provided in § 190.227 and advise the Regional Director of the payment. The payment authorizes the Associate Administrator to make a finding of violation and to issue a final order under § 190.213; (2) If the respondent is not contesting an allegation of probable violation but wishes to submit a written explanation, information, or other materials the respondent believes may warrant mitigation or elimination of the proposed civil penalty, the respondent may submit such materials. This authorizes the Associate Administrator to make a finding of violation and to issue a final order under § 190.213; (3) If the respondent is contesting one or more allegations of probable violation but is not requesting a hearing under § 190.211, the respondent may submit a written response in answer to the allegations; or (4) The respondent may request a hearing under § 190.211. (b) When the notice contains a proposed compliance order— (1) If the respondent is not contesting an allegation of probable violation, agree to the proposed compliance order. This authorizes the Associate Administrator to make a finding of violation and to issue a final order under § 190.213; (2) Request the execution of a consent order under § 190.219; (3) If the respondent is contesting one or more of the allegations of probable violation or compliance terms, but is not requesting a hearing under § 190.211, the respondent may object to the proposed compliance order and submit written explanations, information, or other materials in answer to the allegations in the notice of probable violation; or (4) The respondent may request a hearing under § 190.211. (c) Before or after responding in accordance with paragraph (a) of this sectio… | |||
| 49:49:3.1.1.2.6.2.5.7 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.209 Case file. | PHMSA | [Amdt. 190-16, 78 FR 58910, Sept. 25, 2013] | (a) The case file, as defined in this section, is available to the respondent in all enforcement proceedings conducted under this subpart. (b) The case file of an enforcement proceeding consists of the following: (1) In cases commenced under § 190.206, the notice of amendment and the relevant procedures; (2) In cases commenced under § 190.207, the notice of probable violation and the violation report; (3) In cases commenced under § 190.233, the corrective action order or notice of proposed corrective action order and the data report, if one is prepared; (4) In cases commenced under § 190.239, the notice of proposed safety order; (5) Any documents and other material submitted by the respondent in response to the enforcement action; (6) In cases involving a hearing, any material submitted during and after the hearing as set forth in § 190.211; and (7) The Regional Director's written evaluation of response material submitted by the respondent and recommendation for final action, if one is prepared. | |||
| 49:49:3.1.1.2.6.2.5.8 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.210 Separation of functions. | PHMSA | [Amdt. 190-16, 78 FR 58911, Sept. 25, 2013] | (a) General. An agency employee who assists in the investigation or prosecution of an enforcement case may not participate in the decision of that case or a factually related one, but may participate as a witness or counsel at a hearing as set forth in this subpart. Likewise, an agency employee who prepares a decision in an enforcement case may not have served in an investigative or prosecutorial capacity in that case or a factually related one. (b) Prohibition on ex parte communications. A party to an enforcement proceeding, including the respondent, its representative, or an agency employee having served in an investigative or prosecutorial capacity in the proceeding, may not communicate privately with the Associate Administrator, Presiding Official, or attorney drafting the recommended decision concerning information that is relevant to the questions to be decided in the proceeding. A party may communicate with the Presiding Official regarding administrative or procedural issues, such as for scheduling a hearing. | |||
| 49:49:3.1.1.2.6.2.5.9 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.211 Hearing. | PHMSA | [Amdt. 190-16, 78 FR 58911, Sept. 25, 2013] | (a) General. This section applies to hearings conducted under this part relating to civil penalty assessments, compliance orders, orders directing amendment, safety orders, and corrective action orders. The Presiding Official will convene hearings conducted under this section. (b) Hearing request and statement of issues. A request for a hearing must be accompanied by a statement of the issues that the respondent intends to raise at the hearing. The issues may relate to the allegations in the notice, the proposed corrective action, or the proposed civil penalty amount. A respondent's failure to specify an issue may result in waiver of the respondent's right to raise that issue at the hearing. The respondent's request must also indicate whether or not the respondent will be represented by counsel at the hearing. The respondent may withdraw a request for a hearing in writing and provide a written response. (c) Telephonic and in-person hearings. A telephone hearing will be held if the amount of the proposed civil penalty or the cost of the proposed corrective action is less than $25,000, unless the respondent or OPS submits a written request for an in-person hearing. In-person hearings will normally be held at the office of the appropriate OPS Region. Hearings may be held by video teleconference if the necessary equipment is available to all parties. (d) Pre-hearing submissions. If OPS or the respondent intends to introduce material, including records, documents, and other exhibits not already in the case file, the material must be submitted to the Presiding Official and the other party at least 10 days prior to the date of the hearing, unless the Presiding Official sets a different deadline or waives the deadline for good cause. (e) Conduct of the hearing. The hearing is conducted informally without strict adherence to rules of evidence. The Presiding Official regulates the course of the hearing and gives each party an opportunity to offer facts, statements, explanations, documents, testimony or other … | |||
| 49:49:3.1.1.2.6.2.6.15 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.221 Civil penalties generally. | PHMSA | [Amdt. 190-16, 78 FR 58912, Sept. 25, 2013] | When a Regional Director has reason to believe that a person has committed an act violating 49 U.S.C. 60101 et seq., 33 U.S.C. 1321(j), or any regulation or order issued thereunder, the Regional Director may initiate proceedings under §§ 190.207 through 190.213 to determine the nature and extent of the violations and appropriate civil penalty. | |||
| 49:49:3.1.1.2.6.2.6.16 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.223 Maximum penalties. | PHMSA | [Amdt. 190-16, 78 FR 58912, Sept. 25, 2013, as amended at 81 FR 42566, June 30, 2016; Amdt. 190-17, 82 FR 19328, Apr. 27, 2017; 84 FR 37071, July 31, 2019; 86 FR 1756, Jan 11, 2021; 86 FR 23252, May 3, 2021; 87 FR 15866, Mar. 21, 2022; 88 FR 1125, Jan. 6, 2023; 88 FR 89560, Dec. 28, 2023; 89 FR 106294, Dec. 30, 2024] | (a) Any person found to have violated a provision of 49 U.S.C. 60101, et seq., or any regulation in 49 CFR parts 190 through 199, or order issued pursuant to 49 U.S.C. 60101, et seq. or 49 CFR part 190, is subject to an administrative civil penalty not to exceed $272,926 for each violation for each day the violation continues, with a maximum administrative civil penalty not to exceed $2,729,245 for any related series of violations. (b) Any person found to have violated a provision of 33 U.S.C. 1321(j), or any regulation or order issued thereunder, is subject to an administrative civil penalty under 33 U.S.C. 1321(b)(6), as adjusted by 40 CFR 19.4. (c) Any person found to have violated any standard or order under 49 U.S.C. 60103 is subject to an administrative civil penalty not to exceed $99,704, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section. (d) Any person who is determined to have violated any standard or order under 49 U.S.C. 60129 is subject to an administrative civil penalty not to exceed $1,584, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section. (e) Separate penalties for violating a regulation prescribed under this subchapter and for violating an order issued under §§ 190.206, 190.213, 190.233, or 190.239 may not be imposed under this section if both violations are based on the same act. | |||
| 49:49:3.1.1.2.6.2.6.17 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.225 Assessment considerations. | PHMSA | [Amdt. 190-16, 78 FR 58912, Sept. 25, 2013] | In determining the amount of a civil penalty under this part, (a) The Associate Administrator will consider: (1) The nature, circumstances and gravity of the violation, including adverse impact on the environment; (2) The degree of the respondent's culpability; (3) The respondent's history of prior offenses; (4) Any good faith by the respondent in attempting to achieve compliance; (5) The effect on the respondent's ability to continue in business; and (b) The Associate Administrator may consider: (1) The economic benefit gained from violation, if readily ascertainable, without any reduction because of subsequent damages; and (2) Such other matters as justice may require. | |||
| 49:49:3.1.1.2.6.2.6.18 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.227 Payment of penalty. | PHMSA | [Amdt. 190-7, 61 FR 27792, June 3, 1996, as amended at 70 FR 11138, Mar. 8, 2005; 73 FR 16567, Mar. 28, 2008; Amdt. 190-16, 78 FR 58912, Sept. 25, 2013] | (a) Except for payments exceeding $10,000, payment of a civil penalty proposed or assessed under this subpart may be made by certified check or money order (containing the CPF Number for the case), payable to “U.S. Department of Transportation,” to the Federal Aviation Administration, Mike Monroney Aeronautical Center, Financial Operations Division (AMZ-341), P.O. Box 25770, Oklahoma City, OK 73125, or by wire transfer through the Federal Reserve Communications System (Fedwire) to the account of the U.S. Treasury, or via https://www.pay.gov. Payments exceeding $10,000 must be made by wire transfer. (b) Payment of a civil penalty assessed in a final order issued under § 190.213 or affirmed in a decision on a petition for reconsideration must be made within 20 days after receipt of the final order or decision. Failure to do so will result in the initiation of collection action, including the accrual of interest and penalties, in accordance with 31 U.S.C. 3717 and 49 CFR part 89. | |||
| 49:49:3.1.1.2.6.2.6.19 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | §§ 190.229-190.231 [Reserved] | PHMSA | |||||
| 49:49:3.1.1.2.6.2.7.20 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.233 Corrective action orders. | PHMSA | [70 FR 11138, Mar. 8, 2005, as amended by Amdt. 190-16, 78 FR 58912, Sept. 25, 2013] | (a) Generally. Except as provided by paragraph (b) of this section, if the Associate Administrator finds, after reasonable notice and opportunity for hearing in accord with paragraph (c) of this section, a particular pipeline facility is or would be hazardous to life, property, or the environment, the Associate Administrator may issue an order pursuant to this section requiring the operator of the facility to take corrective action. Corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other appropriate action. (b) Waiver of notice and expedited review. The Associate Administrator may waive the requirement for notice and opportunity for hearing under paragraph (a) of this section before issuing an order whenever the Associate Administrator determines that the failure to do so would result in the likelihood of serious harm to life, property, or the environment. When an order is issued under this paragraph, a respondent that contests the order may obtain expedited review of the order either by answering in writing to the order within 10 days of receipt or requesting a hearing under § 190.211 to be held as soon as practicable in accordance with paragraph (c)(2) of this section. For purposes of this section, the term “expedited review” is defined as the process for making a prompt determination of whether the order should remain in effect or be amended or terminated. The expedited review of an order issued under this paragraph will be complete upon issuance of such determination. (c) Notice and hearing: (1) Written notice that OPS intends to issue an order under this section will be served upon the owner or operator of an alleged hazardous facility in accordance with § 190.5. The notice must allege the existence of a hazardous facility and state the facts and circumstances supporting the issuance of a corrective action order. The notice must provide the owner or operator with an opportunity to respond within 10 days of receipt. (2) An… | |||
| 49:49:3.1.1.2.6.2.7.21 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.235 Civil actions generally. | PHMSA | [70 FR 11139, Mar. 8, 2005] | Whenever it appears to the Associate Administrator that a person has engaged, is engaged, or is about to engage in any act or practice constituting a violation of any provision of 49 U.S.C. 60101 et seq., or any regulations issued thereunder, the Administrator, or the person to whom the authority has been delegated, may request the Attorney General to bring an action in the appropriate U.S. District Court for such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, civil penalties, and punitive damages as provided under 49 U.S.C. 60120 and 49 U.S.C. 5123. | |||
| 49:49:3.1.1.2.6.2.7.22 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.236 Emergency orders: Procedures for issuance and rescision. | PHMSA | [Amdt. 190-21, 84 FR 52027, Oct. 1, 2019] | (a) Determination of imminent hazard. When the Administrator determines that an unsafe condition or practice, or a combination of unsafe conditions and practices, constitutes or is causing an imminent hazard, as defined in § 190.3, the Administrator may issue or impose an emergency order, without advance notice or an opportunity for a hearing, but only to the extent necessary to abate the imminent hazard. The order will contain a written description of: (1) The violation, condition, or practice that constitutes or is causing the imminent hazard; (2) Those entities subject to the order; (3) The restrictions, prohibitions, or safety measures imposed; (4) The standards and procedures for obtaining relief from the order; (5) How the order is tailored to abate the imminent hazard and the reasons the authorities under 49 U.S.C. 60112 and 60117(l) are insufficient to do so; and (6) How the considerations listed in paragraph (c) of this section were taken into account. (b) Consultation. In considering the factors under paragraph (c) of this section, the Administrator shall consult, as the Administrator determines appropriate, with appropriate Federal agencies, State agencies, and other entities knowledgeable in pipeline safety or operations. (c) Considerations. Prior to issuing an emergency order, the Administrator shall consider the following, as appropriate: (1) The impact of the emergency order on public health and safety; (2) The impact, if any, of the emergency order on the national or regional economy or national security; (3) The impact of the emergency order on the ability of owners and operators of pipeline facilities to maintain reliability and continuity of service to customers; and (4) The results of any consultations with appropriate Federal agencies, State agencies, and other entities knowledgeable in pipeline safety or operations. (d) Service. The Administrator will provide service of emergency orders in accordance with § 190.5 to all operators of gas and hazardous liquid pipeline fac… | |||
| 49:49:3.1.1.2.6.2.7.23 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.237 Emergency orders: Petitions for review. | PHMSA | [Amdt. 190-21, 84 FR 52027, Oct. 1, 2019] | (a) Requirements. A pipeline owner or operator that is subject to and aggrieved by an emergency order may petition the Administrator for review to determine whether the order will remain in place, be modified, or be terminated. A petition for review must: (1) Be in writing; (2) State with particularity each part of the emergency order that is sought to be modified or terminated and include all information, evidence and arguments in support thereof; (3) State whether the petitioner requests a formal hearing in accordance with 5 U.S.C. 554, and, if so, any material facts in dispute; and, (4) Be filed and served in accordance with paragraph (h) of this section. (b) Modification of petitions. A petitioner may modify its petition for review to provide new information that materially affects the review proceeding and that is timely submitted. Where the petitioner has not requested a formal hearing, the Associate Administrator will make the determination whether to accept the new information. Where a case has been assigned for a formal hearing, the presiding administrative law judge will determine whether to accept the new information. (c) Response to the petition for review. An attorney designated by the Office of Chief Counsel may file and serve, in accordance with paragraph (h) of this section, a response to the petition, including appropriate pleadings, within five calendar days of receipt of the petition by the Chief Counsel. (d) Associate Administrator's responsibilities. —(1) Formal hearing requested. Upon receipt of a petition for review that includes a formal hearing request under this section, the Associate Administrator will, within three days after receipt of the petition, assign the petition to the Office of Hearings, DOT, for a formal hearing. (2) No formal hearing requested. Upon receipt of a petition for review that does not include a formal hearing request, the Associate Administrator will issue an administrative decision on the merits within 30 days of receipt of the petition for rev… | |||
| 49:49:3.1.1.2.6.2.7.24 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.239 Safety orders. | PHMSA | [73 FR 16567, Mar. 28, 2008, as amended at 74 FR 2893, Jan. 16, 2009; Amdt. 190-16, 78 FR 58913, Sept. 25, 2013] | (a) When may PHMSA issue a safety order? If the Associate Administrator finds, after notice and an opportunity for hearing under paragraph (b) of this section, that a particular pipeline facility has a condition or conditions that pose a pipeline integrity risk to public safety, property, or the environment, the Associate Administrator may issue an order requiring the operator of the facility to take necessary corrective action. Such action may include physical inspection, testing, repair or other appropriate action to remedy the identified risk condition. (b) How is an operator notified of the proposed issuance of a safety order and what are its responses options? (1) Notice of proposed safety order. PHMSA will serve written notice of a proposed safety order under § 190.5 to an operator of the pipeline facility. The notice will allege the existence of a condition that poses a pipeline integrity risk to public safety, property, or the environment, and state the facts and circumstances that support issuing a safety order for the specified pipeline or portion thereof. The notice will also specify proposed testing, evaluations, integrity assessment, or other actions to be taken by the operator and may propose that the operator submit a work plan and schedule to address the conditions identified in the notice. The notice will also provide the operator with its response options, including procedures for requesting informal consultation and a hearing. An operator receiving a notice will have 30 days to respond to the PHMSA official who issued the notice. (2) Informal consultation. Upon timely request by the operator, PHMSA will provide an opportunity for informal consultation concerning the proposed safety order. Such informal consultation shall commence within 30 days, provided that PHMSA may extend this time by request or otherwise for good cause. Informal consultation provides an opportunity for the respondent to explain the circumstances associated with the risk condition(s) identified in the notice and, … | |||
| 49:49:3.1.1.2.6.2.7.25 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.241 Finality. | PHMSA | [Amdt. 190-16, 78 FR 58913, Sept. 25, 2013] | Except as otherwise provided by § 190.243, an order directing amendment issued under § 190.206, a final order issued under § 190.213, a corrective action order issued under § 190.233, or a safety order issued under § 190.239 is considered final administrative action on that enforcement proceeding. | |||
| 49:49:3.1.1.2.6.2.7.26 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | B | Subpart B—Enforcement | § 190.243 Petitions for reconsideration. | PHMSA | [Amdt. 190-16, 78 FR 58913, Sept. 25, 2013] | (a) A respondent may petition the Associate Administrator for reconsideration of an order directing amendment of plans or procedures issued under § 190.206, a final order issued under § 190.213, or a safety order issued under § 190.239. The written petition must be received no later than 20 days after receipt of the order by the respondent. A copy of the petition must be provided to the Chief Counsel of the Pipeline and Hazardous Materials Safety Administration, East Building, 2nd Floor, Mail Stop E26-105, 1200 New Jersey Ave. SE., Washington, DC 20590 or by email to phmsachiefcounsel@dot.gov. Petitions received after that time will not be considered. The petition must contain a brief statement of the complaint and an explanation as to why the order should be reconsidered. (b) If the respondent requests the consideration of additional facts or arguments, the respondent must submit the reasons why they were not presented prior to issuance of the final order. (c) The filing of a petition under this section stays the payment of any civil penalty assessed. However, unless the Associate Administrator otherwise provides, the order, including any required corrective action, is not stayed. (d) The Associate Administrator may grant or deny, in whole or in part, any petition for reconsideration without further proceedings. If the Associate Administrator reconsiders an order under this section, a final decision on reconsideration may be issued without further proceedings, or, in the alternative, additional information, data, and comment may be requested by the Associate Administrator, as deemed appropriate. (e) It is the policy of the Associate Administrator to expeditiously issue notice of the action taken on a petition for reconsideration. In cases where a substantial delay is expected, notice of that fact and the date by which it is expected that action will be taken is provided to the respondent upon request and whenever practicable. (f) If the Associate Administrator reconsiders an order under this section, the … | |||
| 49:49:3.1.1.2.6.3.8.1 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | C | Subpart C—Criminal Enforcement | § 190.291 Criminal penalties generally. | PHMSA | (a) Any person who willfully and knowingly violates a provision of 49 U.S.C. 60101 et seq. or any regulation or order issued thereunder will upon conviction be subject to a fine under title 18, United States Code, and imprisonment for not more than five years, or both, for each offense. (b) Any person who willfully and knowingly injures or destroys, or attempts to injure or destroy, any interstate transmission facility, any interstate pipeline facility, or any intrastate pipeline facility used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce (as those terms are defined in 49 U.S.C. 60101 et seq. ) will, upon conviction, be subject to a fine under title 18, United States Code, imprisonment for a term not to exceed 20 years, or both, for each offense. (c) Any person who willfully and knowingly defaces, damages, removes, or destroys any pipeline sign, right-of-way marker, or marine buoy required by 49 U.S.C. 60101 et seq. or any regulation or order issued thereunder will, upon conviction, be subject to a fine under title 18, United States Code, imprisonment for a term not to exceed 1 year, or both, for each offense. (d) Any person who willfully and knowingly engages in excavation activity without first using an available one-call notification system to establish the location of underground facilities in the excavation area; or without considering location information or markings established by a pipeline facility operator; and (1) Subsequently damages a pipeline facility resulting in death, serious bodily harm, or property damage exceeding $50,000; (2) Subsequently damages a pipeline facility and knows or has reason to know of the damage but fails to promptly report the damage to the operator and to the appropriate authorities; or (3) Subsequently damages a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product; will, upon conviction, be subject to a fine under title 18, United States Code, imprisonment for a term not … | ||||
| 49:49:3.1.1.2.6.3.8.2 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | C | Subpart C—Criminal Enforcement | § 190.293 Criminal referrals. | PHMSA | [87 FR 28781, May 11, 2022] | (a) If a PHMSA employee becomes aware of any actual or possible activity subject to criminal penalties under § 190.291, the employee must report it to the Office of Chief Counsel, Pipeline and Hazardous Materials Safety Administration, and to the employee's supervisor. The Chief Counsel may refer the report to the Associate Administrator to investigate. If appropriate, the Chief Counsel shall refer the report to the Office of Inspector General, or other law enforcement as appropriate (with notification to the Office of Inspector General as soon as possible). (b) A PHMSA employee also has the option of making a direct referral to the Office of Inspector General (OIG), either by directly contacting an OIG investigator, or via the OIG hotline at 800-424-9071, at https://www.oig.dot.gov/hotline, by email at hotline@oig.dot.gov, or by mail to the Office of Inspector General, 1200 New Jersey Ave. SE, West Bldg. 7th Floor, Washington, DC 20590. | |||
| 49:49:3.1.1.2.6.4.8.1 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.301 Scope. | PHMSA | [Amdt. 190-8, 61 FR 50909, Sept. 27, 1996, as amended at 70 FR 11137, Mar. 8, 2005] | This subpart prescribes general rulemaking procedures for the issue, amendment, and repeal of Pipeline Safety Program regulations of the Pipeline and Hazardous Materials Safety Administration of the Department of Transportation. | |||
| 49:49:3.1.1.2.6.4.8.10 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.319 Petitions for extension of time to comment. | PHMSA | [Amdt. 190-16, 78 FR 58914, Sept. 25, 2013] | A petition for extension of the time to submit comments must be submitted to PHMSA in accordance with § 190.309 and received by PHMSA not later than 10 days before expiration of the time stated in the notice. The filing of the petition does not automatically extend the time for petitioner's comments. A petition is granted only if the petitioner shows good cause for the extension, and if the extension is consistent with the public interest. If an extension is granted, it is granted to all persons, and it is published in the Federal Register. | |||
| 49:49:3.1.1.2.6.4.8.11 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.321 Contents of written comments. | PHMSA | [Amdt. 190-16, 78 FR 58914, Sept. 25, 2013] | All written comments must be in English. Any interested person should submit as part of written comments all material considered relevant to any statement of fact. Incorporation of material by reference should be avoided; however, where necessary, such incorporated material must be identified by document title and page. | |||
| 49:49:3.1.1.2.6.4.8.12 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.323 Consideration of comments received. | PHMSA | All timely comments and the recommendations of any technical advisory body established by statute for the purpose of reviewing the proposed rule concerned are considered before final action is taken on a rulemaking proposal. Late filed comments are considered so far as practicable. | ||||
| 49:49:3.1.1.2.6.4.8.13 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.325 Additional rulemaking proceedings. | PHMSA | The Administrator may initiate any further rulemaking proceedings that the Administrator finds necessary or desirable. For example, interested persons may be invited to make oral arguments, to participate in conferences between the Administrator or the Administrator's representative and interested persons, at which minutes of the conference are kept, to appear at informal hearings presided over by officials designated by the Administrator at which a transcript of minutes are kept, or participate in any other proceeding to assure informed administrative action and to protect the public interest. | ||||
| 49:49:3.1.1.2.6.4.8.14 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.327 Hearings. | PHMSA | [Amdt. 190-8, 61 FR 50909, Sept. 27, 1996. Redesignated and amended by Amdt. 190-16, 78 FR 58914, Sept. 25, 2013] | (a) If a notice of proposed rulemaking does not provide for a hearing, any interested person may petition the Administrator for an informal hearing. The petition must be received by the Administrator not later than 20 days before expiration of the time stated in the notice. The filing of the petition does not automatically result in the scheduling of a hearing. A petition is granted only if the petitioner shows good cause for a hearing. If a petition for a hearing is granted, notice of the hearing is published in the Federal Register. (b) Sections 556 and 557 of title 5, United States Code, do not apply to hearings held under this subpart. Unless otherwise specified, hearings held under this subpart are informal, non-adversarial fact-finding proceedings, at which there are no formal pleadings or adverse parties. Any regulation issued in a case in which an informal hearing is held is not necessarily based exclusively on the record of the hearing. (c) The Administrator designates a representative to conduct any hearing held under this subpart. The Chief Counsel designates a member of his or her staff to serve as legal officer at the hearing. | |||
| 49:49:3.1.1.2.6.4.8.15 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.329 Adoption of final rules. | PHMSA | Final rules are prepared by representatives of the Office of Pipeline Safety and the Office of the Chief Counsel. The regulation is then submitted to the Administrator for consideration. If the Administrator adopts the regulation, it is published in the Federal Register, unless all persons subject to it are named and are personally served with a copy of it. | ||||
| 49:49:3.1.1.2.6.4.8.16 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.331 Petitions for rulemaking. | PHMSA | (a) Any interested person may petition the Associate Administrator for Pipeline Safety to establish, amend, or repeal a substantive regulation, or may petition the Chief Counsel to establish, amend, or repeal a procedural regulation. (b) Each petition filed under this section must— (1) Summarize the proposed action and explain its purpose; (2) State the text of the proposed rule or amendment, or specify the rule proposed to be repealed; (3) Explain the petitioner's interest in the proposed action and the interest of any party the petitioner represents; and (4) Provide information and arguments that support the proposed action, including relevant technical, scientific or other data as available to the petitioner, and any specific known cases that illustrate the need for the proposed action. (c) If the potential impact of the proposed action is substantial, and information and data related to that impact are available to the petitioner, the Associate Administrator or the Chief Counsel may request the petitioner to provide— (1) The costs and benefits to society and identifiable groups within society, quantifiable and otherwise; (2) The direct effects (including preemption effects) of the proposed action on States, on the relationship between the Federal Government and the States, and on the distribution of power and responsibilities among the various levels of government; (3) The regulatory burden on small businesses, small organizations and small governmental jurisdictions; (4) The recordkeeping and reporting requirements and to whom they would apply; and (5) Impacts on the quality of the natural and social environments. (d) The Associate Administrator or Chief Counsel may return a petition that does not comply with the requirements of this section, accompanied by a written statement indicating the deficiencies in the petition. | ||||
| 49:49:3.1.1.2.6.4.8.17 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.333 Processing of petition. | PHMSA | (a) General. Unless the Associate Administrator or the Chief Counsel otherwise specifies, no public hearing, argument, or other proceeding is held directly on a petition before its disposition under this section. (b) Grants. If the Associate Administrator or the Chief Counsel determines that the petition contains adequate justification, he or she initiates rulemaking action under this subpart. (c) Denials. If the Associate Administrator or the Chief Counsel determines that the petition does not justify rulemaking, the petition is denied. (d) Notification. The Associate Administrator or the Chief Counsel will notify a petitioner, in writing, of the decision to grant or deny a petition for rulemaking. | ||||
| 49:49:3.1.1.2.6.4.8.18 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.335 Petitions for reconsideration. | PHMSA | [Amdt. 190-8, 61 FR 50909, Sept. 27, 1996. Redesignated and amended by Amdt. 190-16, 78 FR 58914, Sept. 25, 2013] | (a) Except as provided in § 190.339(d), any interested person may petition the Associate Administrator for reconsideration of any regulation issued under this subpart, or may petition the Chief Counsel for reconsideration of any procedural regulation issued under this subpart and contained in this subpart. The petition must be received not later than 30 days after publication of the rule in the Federal Register. Petitions filed after that time will be considered as petitions filed under § 190.331. The petition must contain a brief statement of the complaint and an explanation as to why compliance with the rule is not practicable, is unreasonable, or is not in the public interest. (b) If the petitioner requests the consideration of additional facts, the petitioner must state the reason they were not presented to the Associate Administrator or the Chief Counsel within the prescribed time. (c) The Associate Administrator or the Chief Counsel does not consider repetitious petitions. (d) Unless the Associate Administrator or the Chief Counsel otherwise provides, the filing of a petition under this section does not stay the effectiveness of the rule. | |||
| 49:49:3.1.1.2.6.4.8.19 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.337 Proceedings on petitions for reconsideration. | PHMSA | (a) The Associate Administrator or the Chief Counsel may grant or deny, in whole or in part, any petition for reconsideration without further proceedings, except where a grant of the petition would result in issuance of a new final rule. In the event that the Associate Administrator or the Chief Counsel determines to reconsider any regulation, a final decision on reconsideration may be issued without further proceedings, or an opportunity to submit comment or information and data as deemed appropriate, may be provided. Whenever the Associate Administrator or the Chief Counsel determines that a petition should be granted or denied, the Office of the Chief Counsel prepares a notice of the grant or denial of a petition for reconsideration, for issuance to the petitioner, and the Associate Administrator or the Chief Counsel issues it to the petitioner. The Associate Administrator or the Chief Counsel may consolidate petitions relating to the same rules. (b) It is the policy of the Associate Administrator or the Chief Counsel to issue notice of the action taken on a petition for reconsideration within 90 days after the date on which the regulation in question is published in the Federal Register, unless it is found impracticable to take action within that time. In cases where it is so found and the delay beyond that period is expected to be substantial, notice of that fact and the date by which it is expected that action will be taken is issued to the petitioner and published in the Federal Register. | ||||
| 49:49:3.1.1.2.6.4.8.2 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.303 Delegations. | PHMSA | [Amdt. 190-8, 61 FR 50909, Sept. 27, 1996, as amended at 70 FR 11137, Mar. 8, 2005] | For the purposes of this subpart, Administrator means the Administrator, Pipeline and Hazardous Materials Safety Administration, or his or her delegate. | |||
| 49:49:3.1.1.2.6.4.8.20 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.338 Appeals. | PHMSA | [Amdt. 190-8, 61 FR 50909, Sept. 27, 1996. Redesignated and amended by Amdt. 190-16, 78 FR 58914, Sept. 25, 2013] | (a) Any interested person may appeal a denial of the Associate Administrator or the Chief Counsel, issued under § 190.333 or § 190.337, to the Administrator. (b) An appeal must be received within 20 days of service of written notice to petitioner of the Associate Administrator's or the Chief Counsel's decision, or within 20 days from the date of publication of the decision in the Federal Register, and should set forth the contested aspects of the decision as well as any new arguments or information. (c) Unless the Administrator otherwise provides, the filing of an appeal under this section does not stay the effectiveness of any rule. | |||
| 49:49:3.1.1.2.6.4.8.21 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.339 Direct final rulemaking. | PHMSA | (a) Where practicable, the Administrator will use direct final rulemaking to issue the following types of rules: (1) Minor, substantive changes to regulations; (2) Incorporation by reference of the latest edition of technical or industry standards; (3) Extensions of compliance dates; and (4) Other noncontroversial rules where the Administrator determines that use of direct final rulemaking is in the public interest, and that a regulation is unlikely to result in adverse comment. (b) The direct final rule will state an effective date. The direct final rule will also state that unless an adverse comment or notice of intent to file an adverse comment is received within the specified comment period, generally 60 days after publication of the direct final rule in the Federal Register, the Administrator will issue a confirmation document, generally within 15 days after the close of the comment period, advising the public that the direct final rule will either become effective on the date stated in the direct final rule or at least 30 days after the publication date of the confirmation document, whichever is later. (c) For purposes of this section, an adverse comment is one which explains why the rule would be inappropriate, including a challenge to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. Comments that are frivolous or insubstantial will not be considered adverse under this procedure. A comment recommending a rule change in addition to the rule will not be considered an adverse comment, unless the commenter states why the rule would be ineffective without the additional change. (d) Only parties who filed comments to a direct final rule issued under this section may petition under § 190.335 for reconsideration of that direct final rule. (e) If an adverse comment or notice of intent to file an adverse comment is received, a timely document will be published in the Federal Register advising the public and withdrawing the direct final rule in whole or … | ||||
| 49:49:3.1.1.2.6.4.8.22 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.341 Special permits. | PHMSA | [73 FR 16568, Mar. 28, 2008, as amended at 74 FR 2893, Jan. 16, 2009; Amdt. 190-16, 78 FR 58914, Sept. 25, 2013; Amdt. 190-19, 82 FR 7995, Jan. 23, 2017] | (a) What is a special permit? A special permit is an order by which PHMSA waives compliance with one or more of the Federal pipeline safety regulations under the standards set forth in 49 U.S.C. 60118(c) and subject to conditions set forth in the order. A special permit is issued to a pipeline operator (or prospective operator) for specified facilities that are or, absent waiver, would be subject to the regulation. (b) How do I apply for a special permit? Applications for special permits must be submitted at least 120 days before the requested effective date using any of the following methods: (1) Direct fax to PHMSA at: 202-366-4566; or (2) Mail, express mail, or overnight courier to the Associate Administrator for Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE., East Building, Washington, DC 20590. (c) What information must be contained in the application? Applications must contain the following information: (1) The name, mailing address, and telephone number of the applicant and whether the applicant is an operator; (2) A detailed description of the pipeline facilities for which the special permit is sought, including: (i) The beginning and ending points of the pipeline mileage to be covered and the Counties and States in which it is located; (ii) Whether the pipeline is interstate or intrastate and a general description of the right-of-way including proximity of the affected segments to populated areas and unusually sensitive areas; (iii) Relevant pipeline design and construction information including the year of installation, the material, grade, diameter, wall thickness, and coating type; and (iv) Relevant operating information including operating pressure, leak history, and most recent testing or assessment results; (3) A list of the specific regulation(s) from which the applicant seeks relief; (4) An explanation of the unique circumstances that the applicant believes make the applicability of that regulation or standard (or portion the… | |||
| 49:49:3.1.1.2.6.4.8.23 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.343 Information made available to the public and request for protection of confidential commercial information. | PHMSA | [Amdt. 190-19, 82 FR 7995, Jan. 23, 2017] | When you submit information to PHMSA during a rulemaking proceeding, as part of your application for special permit or renewal, or for any other reason, we may make that information publicly available unless you ask that we keep the information confidential. (a) Asking for protection of confidential commercial information. You may ask us to give confidential treatment to information you give to the agency by taking the following steps: (1) Mark “confidential” on each page of the original document you would like to keep confidential. (2) Send us, along with the original document, a second copy of the original document with the confidential commercial information deleted. (3) Explain why the information you are submitting is confidential commercial information. (b) PHMSA decision. PHMSA will treat as confidential the information that you submitted in accordance with this section, unless we notify you otherwise. If PHMSA decides to disclose the information, PHMSA will review your request to protect confidential commercial information under the criteria set forth in the Freedom of Information Act (FOIA), 5 U.S.C. 552, including following the consultation procedures set out in the Departmental FOIA regulations, 49 CFR 7.29. If PHMSA decides to disclose the information over your objections, we will notify you in writing at least five business days before the intended disclosure date. | |||
| 49:49:3.1.1.2.6.4.8.3 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.305 Regulatory dockets. | PHMSA | [Amdt. 190-8, 61 FR 50909, Sept. 27, 1996, as amended at 70 FR 11137, 11139, Mar. 8, 2005; 73 FR 16566, Mar. 28, 2008; 73 FR 16568, Mar. 28, 2008] | (a) Information and data considered relevant by the Administrator relating to rulemaking actions, including notices of proposed rulemaking; comments received in response to notices; petitions for rulemaking and reconsideration; denials of petitions for rulemaking and reconsideration; records of additional rulemaking proceedings under § 190.325; and final regulations are maintained by the Pipeline and Hazardous Materials Safety Administration at 1200 New Jersey Avenue, SE, Washington, D.C. 20590-0001. (b) Once a public docket is established, docketed material may be accessed at http://www.regulations.gov. Public comments also may be submitted at http://www.regulations.gov. Comment submissions must identify the docket number. You may also examine public docket material at the offices of the Docket Operations Facility (M-30), U.S. Department of Transportation, West Building, First Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. You may obtain a copy during normal business hours, excluding Federal holidays, for a fee, with the exception of material which the Administrator of PHMSA determines should be withheld from public disclosure under 5 U.S.C. 552(b) or any other applicable statutory provision. | |||
| 49:49:3.1.1.2.6.4.8.4 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.307 Records. | PHMSA | [Amdt. 190-8, 61 FR 50909, Sept. 27, 1996, as amended at 70 FR 11137, Mar. 8, 2005] | Records of the Pipeline and Hazardous Materials Safety Administration relating to rulemaking proceedings are available for inspection as provided in section 552(b) of title 5, United States Code, and part 7 of the Regulations of the Office of the Secretary of Transportation (part 7 of this title). | |||
| 49:49:3.1.1.2.6.4.8.5 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.309 Where to file petitions. | PHMSA | [Amdt. 190-8, 61 FR 50909, Sept. 27, 1996, as amended at 70 FR 11137, Mar. 8, 2005; 73 FR 16566, Mar. 28, 2008] | Petitions for extension of time to comment submitted under § 190.319, petitions for hearings submitted under § 190.327, petitions for rulemaking submitted under § 190.331, and petitions for reconsideration submitted under § 190.335 must be submitted to: Administrator, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, D.C. 20590-0001. | |||
| 49:49:3.1.1.2.6.4.8.6 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.311 General. | PHMSA | Unless the Administrator, for good cause, finds that notice is impracticable, unnecessary, or contrary to the public interest, and incorporates that finding and a brief statement of the reasons for it in the rule, a notice of proposed rulemaking is issued and interested persons are invited to participate in the rulemaking proceedings with respect to each substantive rule. | ||||
| 49:49:3.1.1.2.6.4.8.7 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.313 Initiation of rulemaking. | PHMSA | The Administrator initiates rulemaking on his or her own motion; however, in so doing, the Administrator may use discretion to consider the recommendations of other agencies of the United States or of other interested persons including those of any technical advisory body established by statute for that purpose. | ||||
| 49:49:3.1.1.2.6.4.8.8 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.315 Contents of notices of proposed rulemaking. | PHMSA | (a) Each notice of proposed rulemaking is published in the Federal Register, unless all persons subject to it are named and are personally served with a copy of it. (b) Each notice, whether published in the Federal Register or personally served, includes: (1) A statement of the time, place, and nature of the proposed rulemaking proceeding; (2) A reference to the authority under which it is issued; (3) A description of the subjects and issues involved or the substance and terms of the proposed regulation; (4) A statement of the time within which written comments must be submitted; and (5) A statement of how and to what extent interested persons may participate in the proceeding. | ||||
| 49:49:3.1.1.2.6.4.8.9 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | D | Subpart D—Procedures for Adoption of Rules | § 190.317 Participation by interested persons. | PHMSA | (a) Any interested person may participate in rulemaking proceedings by submitting comments in writing containing information, views or arguments in accordance with instructions for participation in the rulemaking document. (b) The Administrator may invite any interested person to participate in the rulemaking proceedings described in § 190.325. (c) For the purposes of this subpart, an interested person includes any Federal or State government agency or any political subdivision of a State. | ||||
| 49:49:3.1.1.2.6.5.8.1 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | E | Subpart E—Cost Recovery for Design Reviews | § 190.401 Scope. | PHMSA | If PHMSA conducts a facility design and/or construction safety review or inspection in connection with a proposal to construct, expand, or operate a gas, hazardous liquid or carbon dioxide pipeline facility, or a liquefied natural gas facility that meets the applicability requirements in § 190.403, PHMSA may require the applicant proposing the project to pay the costs incurred by PHMSA relating to such review, including the cost of design and construction safety reviews or inspections. | ||||
| 49:49:3.1.1.2.6.5.8.2 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | E | Subpart E—Cost Recovery for Design Reviews | § 190.403 Applicability. | PHMSA | The following paragraph specifies which projects will be subject to the cost recovery requirements of this section. (a) This section applies to any project that— (1) Has design and construction costs totaling at least $2,500,000,000, as periodically adjusted by PHMSA, to take into account increases in the Consumer Price Index for all urban consumers published by the Department of Labor, based on— (i) The cost estimate provided to the Federal Energy Regulatory Commission in an application for a certificate of public convenience and necessity for a gas pipeline facility or an application for authorization for a liquefied natural gas pipeline facility; or (ii) A good faith estimate developed by the applicant proposing a hazardous liquid or carbon dioxide pipeline facility and submitted to the Associate Administrator. The good faith estimate for design and construction costs must include all of the applicable cost items contained in the Federal Energy Regulatory Commission application referenced in § 190.403(a)(1)(i) for a gas or LNG facility. In addition, an applicant must take into account all survey, design, material, permitting, right-of way acquisition, construction, testing, commissioning, start-up, construction financing, environmental protection, inspection, material transportation, sales tax, project contingency, and all other applicable costs, including all segments, facilities, and multi-year phases of the project; (2) Uses new or novel technologies or design, as defined in § 190.3. (b) The Associate Administrator may not collect design safety review fees under this section and 49 U.S.C. 60301 for the same design safety review. (c) The Associate Administrator, after receipt of the design specifications, construction plans and procedures, and related materials, determines if cost recovery is necessary. The Associate Administrator's determination is based on the amount of PHMSA resources needed to ensure safety and environmental protection. | ||||
| 49:49:3.1.1.2.6.5.8.3 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | E | Subpart E—Cost Recovery for Design Reviews | § 190.405 Notification. | PHMSA | For any new pipeline facility construction project in which PHMSA will conduct a design review, the applicant proposing the project must notify PHMSA and provide the design specifications, construction plans and procedures, project schedule and related materials at least 120 days prior to the commencement of any of the following activities: Route surveys for construction, material manufacturing, offsite facility fabrications, construction equipment move-in activities, onsite or offsite fabrications, personnel support facility construction, and any offsite or onsite facility construction. To the maximum extent practicable, but not later than 90 days after receiving such design specifications, construction plans and procedures, and related materials, PHMSA will provide written comments, feedback, and guidance on the project. | ||||
| 49:49:3.1.1.2.6.5.8.4 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | E | Subpart E—Cost Recovery for Design Reviews | § 190.407 Master Agreement. | PHMSA | PHMSA and the applicant will enter into an agreement within 60 days after PHMSA received notification from the applicant provided in § 190.405, outlining PHMSA's recovery of the costs associated with the facility design safety review. (a) A Master Agreement, at a minimum, includes: (1) Itemized list of direct costs to be recovered by PHMSA; (2) Scope of work for conducting the facility design safety review and an estimated total cost; (3) Description of the method of periodic billing, payment, and auditing of cost recovery fees; (4) Minimum account balance which the applicant must maintain with PHMSA at all times; (5) Provisions for reconciling differences between total amount billed and the final cost of the design review, including provisions for returning any excess payments to the applicant at the conclusion of the project; (6) A principal point of contact for both PHMSA and the applicant; and (7) Provisions for terminating the agreement. (8) A project reimbursement cost schedule based upon the project timing and scope. (b) [Reserved] | ||||
| 49:49:3.1.1.2.6.5.8.5 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | E | Subpart E—Cost Recovery for Design Reviews | § 190.409 Fee structure. | PHMSA | The fee charged is based on the direct costs that PHMSA incurs in conducting the facility design safety review (including construction review and inspections), and will be based only on costs necessary for conducting the facility design safety review. “Necessary for” means that but for the facility design safety review, the costs would not have been incurred and that the costs cover only those activities and items without which the facility design safety review cannot be completed. (a) Costs qualifying for cost recovery include, but are not limited to— (1) Personnel costs based upon total cost to PHMSA; (2) Travel, lodging and subsistence; (3) Vehicle mileage; (4) Other direct services, materials and supplies; (5) Other direct costs as may be specified in the Master Agreement. (b) [Reserved] | ||||
| 49:49:3.1.1.2.6.5.8.6 | 49 | Transportation | I | D | 190 | PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES | E | Subpart E—Cost Recovery for Design Reviews | § 190.411 Procedures for billing and payment of fee. | PHMSA | All PHMSA cost calculations for billing purposes are determined from the best available PHMSA records. (a) PHMSA bills an applicant for cost recovery fees as specified in the Master Agreement, but the applicant will not be billed more frequently than quarterly. (1) PHMSA will itemize cost recovery bills in sufficient detail to allow independent verification of calculations. (2) [Reserved] (b) PHMSA will monitor the applicant's account balance. Should the account balance fall below the required minimum balance specified in the Master Agreement, PHMSA may request at any time the applicant submit payment within 30 days to maintain the minimum balance. (c) PHMSA will provide an updated estimate of costs to the applicant on or near October 1st of each calendar year. (d) Payment of cost recovery fees is due within 30 days of issuance of a bill for the fees. If payment is not made within 30 days, PHMSA may charge an annual rate of interest (as set by the Department of Treasury's Statutory Debt Collection Authorities) on any outstanding debt, as specified in the Master Agreement. (e) Payment of the cost recovery fee by the applicant does not obligate or prevent PHMSA from taking any particular action during safety inspections on the project. |
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