49 CFR 190.209 - Response options.

§ 190.209 Response options.
Within 30 days of receipt of a notice of probable violation, the respondent shall respond to the Regional Director who issued the notice in the following way:
(a) When the notice contains a proposed civil penalty—
(1) Pay the proposed civil penalty as provided in § 190.227 and close the case with prejudice to the respondent;
(2) Submit written explanations, information or other materials in answer to the allegations or in mitigation of the proposed civil penalty; or
(3) Request a hearing under § 190.211.
(b) When the notice contains a proposed compliance order—
(1) Agree to the proposed compliance order;
(2) Request the execution of a consent order under § 190.219;
(3) 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) Request a hearing under § 190.211.
(c) Failure of the respondent to respond in accordance with paragraph (a) of this section or, when applicable, paragraph (c) of this section, constitutes a waiver of the right to contest the allegations in the notice of probable violation and authorizes the Associate Administrator, OPS, without further notice to the respondent, to find facts to be as alleged in the notice of probable violation and to issue a final order under § 190.213.
(d) All materials submitted by operators in response to enforcement actions may be placed on publicly accessible Web sites. A Respondent that seeks confidential treatment under 5 U.S.C. 552(b) for any portion of its responsive materials must provide a second copy of such materials along with the complete original document. A Respondent may redact the portions it believes qualify for confidential treatment in the second copy but must provide an explanation for each redaction.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-1, 53 FR 1635, Jan. 21, 1988; 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; 73 FR 16567, Mar. 28, 2008]
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 190.209 Case file.

(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.

[Amdt. 190-16, 78 FR 58910, Sept. 25, 2013]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 33 - NAVIGATION AND NAVIGABLE WATERS
U.S. Code: Title 49 - TRANSPORTATION

§ 60101 - Definitions

§ 60102 - Purpose and general authority

§ 60103 - Standards for liquefied natural gas pipeline facilities

§ 60104 - Requirements and limitations

§ 60105 - State pipeline safety program certifications

§ 60106 - State pipeline safety agreements

§ 60107 - State pipeline safety grants

§ 60108 - Inspection and maintenance

§ 60109 - High-density population areas and environmentally sensitive areas

§ 60110 - Excess flow valves

§ 60111 - Financial responsibility for liquefied natural gas facilities

§ 60112 - Pipeline facilities hazardous to life and property

§ 60113 - Customer-owned natural gas service lines

§ 60114 - One-call notification systems

§ 60115 - Technical safety standards committees

§ 60116 - Public education programs

§ 60117 - Administrative

§ 60118 - Compliance and waivers

§ 60119 - Judicial review

§ 60120 - Enforcement

§ 60121 - Actions by private persons

§ 60122 - Civil penalties

§ 60123 - Criminal penalties

§ 60124 - Biennial reports

§ 60125 - Authorization of appropriations

§ 60126 - Risk management

§ 60127 - Population encroachment and rights-of-way

§ 60128 - Dumping within pipeline rights-of-way

§ 60129 - Protection of employees providing pipeline safety information

§ 60130 - Pipeline safety information grants to communities

§ 60131 - Verification of pipeline qualification programs

§ 60132 - National pipeline mapping system

§ 60133 - Coordination of environmental reviews

§ 60134 - State damage prevention programs

§ 60135 - Enforcement transparency

§ 60136 - Petroleum product transportation capacity study

§ 60137 - Pipeline control room management

§ 60138 - Response plans

§ 60139 - Maximum allowable operating pressure

§ 60140 - Cover over buried pipelines