[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR190.237]

[Page 17-18]
 
                        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. 190.237  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 Sec. 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

[[Page 18]]

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]