49 C.F.R. Subpart B—Enforcement
Title 49 - Transportation
(a) This subpart describes the enforcement authority and sanctions exercised by the Associate Administrator, OPS for achieving and maintaining pipeline safety. 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. [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190–6, 61 FR 18513, Apr. 26, 1996] (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 Administrator, PHMSA or his designee. (c) If, after an inspection, the Associate Administrator, OPS believes that further information is needed to determine appropriate action, the Associate Administrator, OPS may send the owner or operator a “Request for Specific Information” to be answered within 45 days after receipt of the letter. (d) To the extent necessary to carry out the responsibilities under 49 U.S.C. 60101 et seq., the Administrator, PHMSA or the Associate Administrator, OPS may require testing of portions of pipeline facilities that have been involved in, or affected by, an accident. However, before exercising this authority, the Administrator, PHMSA or the Associate Administrator, OPS shall make every effort to negotiate a mutually acceptable plan with the owner of those facilities and, where appropriate, the National Transportation Safety Board for performing the testing. (e) If a representative of the DOT investigates an incident involving a pipeline facility, OPS may request that the operator make available to the representative all records and information that pertain to the incident in any way, including integrity management plans and test results, and that the operator afford all reasonable assistance in the investigation. (f) When the information obtained from an inspection or from other appropriate sources indicates that further OPS action is warranted, the OPS may issue a warning letter under §190.205 or initiate one or more of the enforcement proceedings prescribed in §§190.207 through 190.235. [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] Upon determining that a probable violation of 49 U.S.C. 60101 et seq. or any regulation or order issued thereunder has occurred, the Associate Administrator, OPS, may issue a Warning Letter notifying the owner or operator of the probable violation and advising the owner or operator to correct it or be subject to enforcement action under §§190.207 through 190.235. [Amdt. 190–6, 61 FR 38403, July 24, 1996] (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. 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 §190.209; (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 Associate Administrator, OPS 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 or proposes an increased civil penalty amount or new or additional remedial action under §190.217, the respondent shall have the opportunity to respond under §190.209. [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190–6, 61 FR 18513, Apr. 26, 1996] 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. [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] (a) A request for a hearing provided for in this part 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 (including a proposed amendment, a proposed compliance order, or a proposed hazardous facility order), 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. (b) 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 $10,000, unless the respondent submits a written request for an in-person hearing. Hearings are held in a location agreed upon by the presiding official, OPS and the respondent. (c) An attorney from the Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, serves as the presiding official at the hearing. (d) The hearing is conducted informally without strict adherence to rules of evidence. The respondent may submit any relevant information and material and call witnesses on the respondent's behalf. The respondent may also examine the evidence and witnesses presented by the government. No detailed record of a hearing is prepared. (e) Upon request by respondent, and whenever practicable, the material in the case file pertinent to the issues to be determined is provided to the respondent 30 days before the hearing. The respondent may respond to or rebut this material at the hearing. (f) During the hearing, the respondent may offer any facts, statements, explanations, documents, testimony or other items which are relevant to the issues under consideration. (g) At the close of the respondent's presentation, the presiding official may present or allow the presentation of any OPS rebuttal information. The respondent may then respond to that information. (h) After the evidence in the case has been presented, the presiding official shall permit argument on the issues under consideration. (i) The respondent may also request an opportunity to submit further written materal for inclusion in the case file. The presiding official shall allow a reasonable time for the submission of the material and shall specify the date by which it must be submitted. If the material is not submitted within the time prescribed, the case shall proceed to final action without the material. (j) After submission of all materials during and after the hearing, the presiding official shall prepare a written recommendation as to final action in the case. This recommendation, along with any material submitted during and after the hearing, shall be included in the case file which is forwarded to the Associate Administrator, OPS for final administrative action. [45 FR 20413, Mar. 17, 1980, as amended by Amdt. 190–3, 56 FR 31090, July 9, 1991; Amdt. 190–6, 61 FR 18514, Apr. 26, 1996; Amdt. 190–7, 61 FR 27792, June 3, 1996; 70 FR 11137, Mar. 8, 2005] (a) After a hearing under §190.211 or, if no hearing has been held, after expiration of the 30 day response period prescribed in §190.209, the case file of an enforcement proceeding commenced under §190.207 is forwarded to the Associate Administrator, OPS for issuance of a final order. (b) The case file of an enforcement proceeding commenced under §190.207 includes: (1) The inspection reports and any other evidence of alleged violations; (2) A copy of the notice of probable violation issued under §190.207; (3) Material submitted by the respondent in accord with §190.209 in response to the notice of probable violation; (4) The Regional Director's evaluation of response material submitted by the respondent and recommendation for final action to be taken under this section; and (5) In cases involving a §190.211 hearing, any material submitted during and after the hearing and the presiding official's recommendation for final action to be taken under this section. (c) Based on a review of a case file described in paragraph (b) of this section, the Associate Administrator, OPS shall issue a final order that 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. (d) Except as provided by §190.215, an order issued under this section regarding an enforcement proceeding is considered final administrative action on that enforcement proceeding. (e) It is the policy of the Associate Administrator, OPS to issue a final order under this section expeditiously. 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. [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190–6, 61 FR 18514, Apr. 26, 1996; 70 FR 11137, Mar. 8, 2005] (a) A respondent may petition the Associate Administrator, OPS for reconsideration of a final order issued under §190.213. It is requested, but not required, that three copies be submitted. The petition must be received no later than 20 days after service of the final order upon the respondent. 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 effectiveness of the final order should be stayed. (b) If the respondent requests the consideration of additional facts or arguments, the respondent must submit the reasons they were not presented prior to issuance of the final order. (c) The Associate Administrator, OPS does not consider repetitious information, arguments, or petitions. (d) The filing of a petition under this section stays the payment of any civil penalty assessed. However, unless the Associate Administrator, OPS otherwise provides, the order, including any required corrective action, is not stayed. (e) The Associate Administrator, OPS may grant or deny, in whole or in part, any petition for reconsideration without further proceedings. In the event the Associate Administrator, OPS reconsiders a final order, 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, OPS as deemed appropriate. (f) It is the policy of the Associate Administrator, OPS to issue notice of the action taken on a petition for reconsideration expeditiously. 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. [Amdt. 190–6, 61 FR 18514, Apr. 26, 1996, as amended by Amdt 190–7, 61 FR 27792, June 3, 1996; 70 FR 11137, Mar. 8, 2005] When the Associate Administrator, OPS has reason to believe that a person is engaging in conduct which involves a violation of the 49 U.S.C. 60101 et seq. or any regulation issued thereunder, and if the nature of the violation, and the public interest warrant, the Associate Administrator, OPS may conduct proceedings under §§190.207 through 190.213 of this part to determine the nature and extent of the violations and to issue an order directing compliance. [Amdt. 190–6, 61 FR 18514, Apr. 26, 1996] (a) At any time before the issuance of a compliance order under §190.213 the Associate Administrator, OPS and the respondent may agree to dispose of the case by joint execution of a consent order. Upon such joint execution, the consent order shall be 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. [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190–6, 61 FR 18514, Apr. 26, 1996]
Title 49: Transportation
PART 190—PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES
Subpart B—Enforcement
§ 190.201 Purpose and scope.
§ 190.203 Inspections and investigations.
§ 190.205 Warning letters.
§ 190.207 Notice of probable violation.
§ 190.209 Response options.
§ 190.211 Hearing.
§ 190.213 Final order.
§ 190.215 Petitions for reconsideration.
Compliance Orders
§ 190.217 Compliance orders generally.
§ 190.219 Consent order.
Civil Penalties
§ 190.221 Civil penalties generally.
When the Associate Administrator, OPS has reason to believe that a person has committed an act which is a violation of any provision of the 49 U.S.C. 60101 et seq. or any regulation or order issued thereunder, proceedings under §§190.207 through 190.213 may be conducted to determine the nature and extent of the violations and to assess and, if appropriate, compromise a civil penalty.
[Amdt. 190–6, 61 FR 18515, Apr. 26, 1996]
§ 190.223 Maximum penalties.
(a) Any person who is determined to have violated a provision of 49 U.S.C. 60101 et seq., or any regulation or order issued thereunder, is subject to a civil penalty not to exceed $100,000 for each violation for each day the violation continues except that the maximum civil penalty may not exceed $1,000,000 for any related series of violations.
(b) Any person who knowingly violates a regulation or order under this subchapter applicable to offshore gas gathering lines issued under the authority of 49 U.S.C. 5101 et seq is liable for a civil penalty of not more than $25,000 for each violation, and if any such violation is a continuing one, each day of violation constitutes a separate offense.
(c) Any person who is determined to have violated any standard or order under 49 U.S.C. 60103 shall be subjected to a civil penalty of not to exceed $50,000, which penalty shall be in addition to any 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 shall be subject to a civil penalty not to exceed $1,000, which shall be in addition to any other penalties to which such person may be subject under paragraph (a) of this section.
(e) No person shall be subject to a civil penalty under this section for the violation of any requirement of this subchapter and an order issued under §190.217, §190.219 or §190.233 if both violations are based on the same act.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190–2, 54 FR 32344, Aug. 7, 1989; Amdt. 190–6, 61 FR 18515, Apr. 26, 1996; 61 FR 38403, July 24, 1996; 70 FR 11137, Mar. 8, 2005]
§ 190.225 Assessment considerations.
In determining the amount of a civil penalty under this part,
(a) The Associate Administrator, OPS shall 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) The respondent's ability to pay;
(5) Any good faith by the respondent in attempting to achieve compliance;
(6) The effect on the respondent's ability to continue in business; and
(b) The Associate Administrator, OPS 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.
[70 FR 11137, Mar. 8, 2005]
§ 190.227 Payment of penalty.
(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–120), 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. 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.
[Amdt. 190–7, 61 FR 27792, June 3, 1996, as amended at 70 FR 11138, Mar. 8, 2005]
Criminal Penalties
§ 190.229 Criminal penalties generally.
(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 shall upon conviction be subject for each offense to a fine of not more than $25,000 and imprisonment for not more than five years, or both.
(b) Any person who willfully violates a regulation or order under this subchapter issued under the authority of 49 U.S.C. 5101 et seq. as applied to offshore gas gathering lines shall upon conviction be subject for each offense to a fine of not more than $25,000, imprisonment for a term not to exceed 5 years, or both.
(c) 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.) shall, upon conviction, be subject for each offense to a fine of not more than $25,000, imprisonment for a term not to exceed 15 years, or both.
(d) Any person who willfully and knowingly defaces, damages, removes, destroys any pipeline sign, right-of-way marker, or marine buoy required by 49 U.S.C. 60101 et seq. or 49 U.S.C. 5101 et seq., or any regulation or order issued thereunder shall, upon conviction, be subject for each offense to a fine of not more than $5,000, imprisonment for a term not to exceed 1 year, or both.
(e) 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; shall, upon conviction, be subject for each offense to a fine of not more than $5,000, imprisonment for a term not to exceed 5 years, or both.
(f) No person shall be subject to criminal penalties under paragraph (a) of this section for violation of any regulation and the violation of any order issued under §190.217, §190.219 or §190.229 if both violations are based on the same act.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190–2, 54 FR 32344, Aug. 7, 1989; Amdt. 190–4, 56 FR 63770, Dec. 5, 1991; Amdt. 190–6, 61 FR 18515, Apr. 26, 1996; 70 FR 11138, Mar. 8, 2005]
§ 190.231 Referral for prosecution.
If an employee of the Pipeline and Hazardous Materials Safety Administration becomes aware of any actual or possible activity subject to criminal penalties under §190.229, the employee reports it to the Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590. The Chief Counsel refers the report to OPS for investigation. Upon completion of the investigation and if appropriate, the Chief Counsel refers the report to the Department of Justice for criminal prosecution of the offender.
[Amdt. 190–6, 61 FR 18515, Apr. 26, 1996, as amended at 70 FR 11137, Mar. 8, 2005]
Specific Relief
§ 190.233 Corrective action orders.
(a) Except as provided by paragraph (b) of this section, if the Associate Administrator, OPS finds, after reasonable notice and opportunity for hearing in accord with paragraph (c) of this section and §190.211(a), a particular pipeline facility to be hazardous to life, property, or the environment, the Associate Administrator, OPS shall issue an order pursuant to this section requiring the owner or 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) The Associate Administrator, OPS may waive the requirement for notice and opportunity for hearing under paragraph (a) of this section before issuing an order pursuant to this section when the Associate Administrator, OPS determines that the failure to do so would result in the likelihood of serious harm to life, property, or the environment. However, the Associate Administrator, OPS shall provide an opportunity for a hearing as soon as is practicable after the issuance of a compliance order. The provisions of paragraph (c)(2) of this section apply to an owner or operator's decision to exercise its opportunity for a hearing. The purpose of such a post-order hearing is for the Associate Administrator, OPS to determine whether a compliance order should remain in effect or be rescinded or suspended in accord with paragraph (g) of this section.
(c) Notice and hearing:
(1) Written notice that OPS intends to issue an order under this section shall be served upon the owner or operator of an alleged hazardous facility in accordance with §190.5. The notice shall allege the existence of a hazardous facility and state the facts and circumstances supporting the issuance of a corrective action order. The notice shall also provide the owner or operator with the opportunity for a hearing and shall identify a time and location where a hearing may be held.
(2) An owner or operator that elects to exercise its opportunity for a hearing under this section must notify the Associate Administrator, OPS of that election in writing within 10 days of service of the notice provided under paragraph (c)(1) of this section, or under paragraph (b) of this section when applicable. The absence of such written notification waives an owner or operator's opportunity for a hearing and allows the Associate Administrator, OPS to issue a corrective action order in accordance with paragraphs (d) through (h) of this section.
(3) A hearing under this section shall be presided over by an attorney from the Office of Chief Counsel, Pipeline and Hazardous Materials Safety Administration, acting as Presiding Official, and conducted without strict adherence to formal rules of evidence. The Presiding Official presents the allegations contained in the notice issued under this section. The owner or operator of the alleged hazardous facility may submit any relevant information or materials, call witnesses, and present arguments on the issue of whether or not a corrective action order should be issued.
(4) Within 48 hours after conclusion of a hearing under this section, the Presiding Official shall submit a recommendation to the Associate Administrator, OPS as to whether or not a corrective action order is required. Upon receipt of the recommendation, the Associate Administrator, OPS shall proceed in accordance with paragraphs (d) through (h) of this section. If the Associate Administrator, OPS finds the facility is or would be hazardous to life, property, or the environment, the Associate Administrator, OPS shall issue a corrective action order in accordance with this section. If the Associate Administrator, OPS does not find the facility is or would be hazardous to life, property, or the environment, the Associate Administrator shall withdraw the allegation of the existence of a hazardous facility contained in the notice, and promptly notify the owner or operator in writing by service as prescribed in §190.5.
(d) The Associate Administrator, OPS may find a pipeline facility to be hazardous under paragraph (a) of this section:
(1) If under the facts and circumstances the Associate Administrator, OPS determines the particular facility is hazardous to life, property, or the environment; or
(2) If the pipeline facility or a component thereof has been constructed or operated with any equipment, material, or technique which the Associate Administrator, OPS determines is hazardous to life, property, or the environment, unless the operator involved demonstrates to the satisfaction of the Associate Administrator, OPS that, under the particular facts and circumstances involved, such equipment, material, or technique is not hazardous.
(e) In making a determination under paragraph (d) of this section, the Associate Administrator, OPS shall consider, if relevant:
(1) The characteristics of the pipe and other equipment used in the pipeline facility involved, including its age, manufacturer, physical properties (including its resistance to corrosion and deterioration), and the method of its manufacture, construction or assembly;
(2) The nature of the materials transported by such facility (including their corrosive and deteriorative qualities), the sequence in which such materials are transported, and the pressure required for such transportation;
(3) The characteristics of the geographical areas in which the pipeline facility is located, in particular the climatic and geologic conditions (including soil characteristics) associated with such areas, and the population density and population and growth patterns of such areas;
(4) Any recommendation of the National Transportation Safety Board issued in connection with any investigation conducted by the Board; and
(5) Such other factors as the Associate Administrator, OPS may consider appropriate.
(f) A corrective action order shall contain the following information:
(1) A finding that the pipeline facility is hazardous to life, property, or the environment.
(2) The relevant facts which form the basis of that finding.
(3) The legal basis for the order.
(4) The nature and description of any particular corrective action required of the respondent.
(5) The date by which the required corrective action must be taken or completed and, where appropriate, the duration of the order.
(6) If the opportunity for a hearing was waived pursuant to paragraph (b) of this section, a statement that an opportunity for a hearing will be available at a particular time and location after issuance of the order.
(g) The Associate Administrator, OPS shall rescind or suspend a corrective action order whenever the Associate Administrator, OPS determines that the facility is no longer hazardous to life, property, or the environment. When appropriate, however, such a rescission or suspension may be accompanied by a notice of probable violation issued under §190.207.
(h) At any time after a corrective action order issued under this section has become effective, the Associate Administrator, OPS may request the Attorney General to bring an action for appropriate relief in accordance with §190.235.
(i) Upon petition by the Attorney General, the District Courts of the United States shall have jurisdiction to enforce orders issued under this section by appropriate means.
[70 FR 11138, Mar. 8, 2005]
§ 190.235 Civil actions generally.
Whenever it appears to the Associate Administrator, OPS 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, PHMSA, 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.
[70 FR 11139, Mar. 8, 2005]
§ 190.237 Amendment of plans or procedures.
(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 shall provide an opportunity for a hearing under §190.211 of this part and shall specify the alleged inadequacies and the proposed action for revision of the plans or procedures. The notice shall allow the operator 30 days after receipt of the notice to submit written comments or request a hearing. After considering all material presented in writing or at the hearing, the Associate Administrator, OPS shall determine whether the plans or procedures are inadequate as alleged and order the required amendment if they are inadequate, or withdraw the notice if they are not. In determining the adequacy of an operator's plans or procedures, the Associate Administrator, OPS shall consider:
(1) Relevant available 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.
(b) The amendment of an operator's plans or procedures prescribed in paragraph (a) of this section is in addition to, and may be used in conjunction with, the appropriate enforcement actions prescribed in this subpart.
[Amdt. 190–3, 56 FR 31090, July 9, 1991, as amended by Amdt. 190–6, 61 FR 18516, Apr. 26, 1996]
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