[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR190.215]

[Page 13]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 190 --PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES--Table of Contents
 
                         Subpart B--Enforcement
 
Sec. 190.215  Petitions for reconsideration.

    (a) A respondent may petition the Associate Administrator, OPS for 
reconsideration of a final order issued under Sec. 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 within 20 
days after receipt of the petition, unless it is found impracticable to 
take action within that time. In cases where it is so found and 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 respondent.

[Amdt. 190-6, 61 FR 18514, Apr. 26, 1996, as amended by Amdt 190-7, 61 
FR 27792, June 3, 1996]

                            Compliance Orders