49 CFR 190.237 - Petitions for review.

§ 190.237 Petitions for review.

(a)Requirements. An entity 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 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(2) State with particularity each part of the emergency order that is sought to be amended or rescinded and include all information, evidence and arguments in support thereof;

(3) State whether a formal hearing in accordance with 5 U.S.C. 554 is requested, and, if so, the material facts in dispute giving rise to the request for a hearing; and,

(4) Be filed and served in accordance with paragraph (f) of this section.

(b)Response to the petition for review. An attorney designated by the Office of Chief Counsel may file and serve, in accordance with paragraph (f) of this section, a response, including appropriate pleadings, within five days of receipt of the petition by the Chief Counsel.

(c)Associate Administrator for Pipeline Safety Responsibilities -

(1)Hearing requested. Upon receipt of a petition for review of an emergency order that includes a formal hearing request and states material facts in dispute, the Associate Administrator for Pipeline Safety will immediately assign the petition to the Office of Hearings, DOT. Unless the Associate Administrator for Pipeline Safety issues an order stating that the petition fails to set forth material facts in dispute and will be decided under paragraph (c)(2) of this section, a petition for review including a formal hearing request will be deemed assigned to the Office of Hearings three days after the Associate Administrator for Pipeline Safety receives it.

(2)No hearing requested. For a petition for review of an emergency order that does not include a formal hearing request or fails to state material facts in dispute, the Associate Administrator for Pipeline Safety must issue an administrative decision on the merits within 30 days of receipt of the petition. The Associate Administrator for Pipeline Safety's decision constitutes the agency's final decision.

(3)Consolidation. If the Associate Administrator for Pipeline Safety receives more than one petition for review of an emergency order, and those petitions share common issues of law or fact, the Associate Administrator for Pipeline Safety may consolidate those petitions for the purposes of complying with this section.

(4)Agency authority to request a formal hearing. In the event that a petitioner does not request a formal hearing, the Associate Administrator for Pipeline Safety may still reassign the petition to the Office of Hearings, DOT, when a reasonable basis exists for the reassignment.

(d)Hearings. Formal hearings must be conducted by an Administrative Law Judge assigned by the Chief Administrative Law Judge of the Office of Hearings. The Administrative Law Judge may:

(1) Administer oaths and affirmations;

(2) Issue subpoenas as provided by the appropriate agency regulations ( 49 CFR 190.7 and 49 49 U.S.C. 60117);

(3) Adopt the relevant Federal Rules of Civil Procedure for the United States District Courts for the procedures governing the hearings when appropriate;

(4) Adopt the relevant Federal Rules of Evidence for United States Courts and Magistrates for the submission of evidence when appropriate;

(5) Take or cause depositions to be taken;

(6) Examine witnesses at the hearing;

(7) Rule on offers of proof and receive relevant evidence;

(8) Convene, recess, adjourn or otherwise regulate the course of the hearing;

(9) Hold conferences for settlement, simplification of the issues, or any other proper purpose; and,

(10) Take any other action authorized by or consistent with the provisions of this part and permitted by law that may expedite the hearing or aid in the disposition of an issue raised.

(e)Parties. The petitioner may appear and be heard in person or by an authorized representative. PHMSA will be represented by an attorney designated by the Office of Chief Counsel.

(f)Filing and service.

(1) Each petition, pleading, motion, notice, order, or other document submitted in connection with an order issued under this subpart must be filed (commercially delivered or submitted electronically) with: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. All documents filed will be published on the Department's docket management Web site, http://www.regulations.gov. The emergency order must state the above filing requirements and the address of DOT Docket Operations.

(2)Service. Each document filed in accordance with paragraph (f)(1) of this section must be concurrently served upon the following persons:

(i) Associate Administrator for Pipeline Safety, OPS, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., East Building, Washington, DC 20590.

(ii) Chief Counsel, PHC, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., East Building, Washington, DC 20590 (facsimile: 202-366-7041).

(iii) If the petition for review requests a formal hearing, the Chief Administrative Law Judge, U.S. Department of Transportation, Office of Hearings, M-20, Room E12-320, 1200 New Jersey Avenue SE., Washington, DC 20590 (facsimile: 202-366-7536).

(iv) Service must be made personally, by commercial delivery service, or by electronic means if consented to in writing by the party to be served, except as otherwise provided herein. The emergency order must state all relevant service requirements and list the persons to be served and may be updated as necessary.

(3)Certificate of service. Each order, pleading, motion, notice, or other document must be accompanied by a certificate of service specifying the manner in which and the date on which service was made.

(4) If applicable, service upon a person's duly authorized representative, agent for service, or an organization's president constitutes service upon that person.

(g)Report and recommendation. The Administrative Law Judge must issue a report and recommendation at the close of the record. The report and recommendation must:

(1) Contain findings of fact and conclusions of law and the grounds for the decision based on the material issues of fact or law presented on the record;

(2) Be served on the parties to the proceeding; and

(3) Be issued no later than 25 days after receipt of the petition for review by the Associate Administrator of Pipeline Safety.

(h)Petition for reconsideration.

(1) A party aggrieved by the Administrative Law Judge's report and recommendation, may file a petition for reconsideration with the Associate Administrator of Pipeline Safety within one day of service of the report and recommendation. The opposing party may file a response to the petition for reconsideration within one day of service of a petition for reconsideration.

(2) The Associate Administrator of Pipeline Safety must issue a final agency decision within three days of service of the final pleading outlined in paragraph (h)(1) of this section, but no later than 30 days after receipt of the original petition for review.

(3) The Associate Administrator of Pipeline Safety's decision on the merits of a petition for reconsideration constitutes the agency's final decision.

(i)Judicial review. After the issuance of a final agency decision pursuant to paragraph (c)(2) or (h)(3) of this section, or the issuance of a written determination by the Administrator pursuant to paragraph (j) of this section, a person subject to, and aggrieved by, an emergency order issued under section 190.236 may seek judicial review of the order in the appropriate District Court of the United States. The filing of an action seeking judicial review does not stay or modify the force and effect of the agency's final decision under paragraph (c)(2) or (h)(3) of this section, or the written determination under paragraph (j) of this section, unless stayed or modified by the Administrator.

(j)Expiration of order. If the Associate Administrator of Pipeline Safety, or the Administrative Law Judge, where appropriate, has not disposed of the petition for review within 30 days of receipt, the emergency order will cease to be effective unless the Administrator issuing the emergency order determines, in writing, that the imminent hazard providing a basis for the emergency order continues to exist.

(k)Time. In computing any period of time prescribed by this part or by an order issued by the Administrative Law Judge, the day of filing of the petition for review or of any other act, event, or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included, unless it is a Saturday, Sunday, or Federal holiday, in which event the period runs until the end of the next day which is not one of the aforementioned days.

[Amdt. 190-18, 81 FR 70986, Oct. 14, 2016]

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

Title 49 published on 09-May-2017 04:41

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 190 after this date.

  • 2017-04-27; vol. 82 # 80 - Thursday, April 27, 2017
    1. 82 FR 19325 - Pipeline Safety: Inflation Adjustment of Maximum Civil Penalties
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration
      Final rule.
      The effective date of this final rule is April 27, 2017.
      49 CFR Part 190