[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: 49CFR190.9]

[Page 9]
 
                        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 A_General
 
Sec. 190.9  Petitions for finding or approval.

    (a) In circumstances where a rule contained in parts 192, 193 and 
195 of this chapter authorizes the Administrator to make a finding or 
approval, an operator may petition the Administrator for such a finding 
or approval.
    (b) Each petition must refer to the rule authorizing the action 
sought and contain information or arguments that justify the action. 
Unless otherwise specified, no public proceeding is held on a petition 
before it is granted or denied. After a petition is received, the 
Administrator or participating state agency notifies the petitioner of 
the disposition of the petition or, if the request requires more 
extensive consideration or additional information or comments are 
requested and delay is expected, of the date by which action will be 
taken.
    (1) For operators seeking a finding or approval involving intrastate 
pipeline transportation, petitions must be sent to:
    (i) The State agency certified to participate under 49 U.S.C. 60105.
    (ii) Where there is no state agency certified to participate, the 
Administrator, Research and Special Programs Administration, 400 7th 
Street SW., Washington, DC 20590.
    (2) For operators seeking a finding or approval involving interstate 
pipeline transportation, petitions must be sent to the Administrator, 
Research and Special Programs Administration, 400 7th Street SW., 
Washington, DC 20590.
    (c) All petitions must be received at least 90 days prior to the 
date by which the operator requests the finding or approval to be made.
    (d) The Administrator will make all findings or approvals of 
petitions initiated under this section. A participating state agency 
receiving petitions initiated under this section shall provide the 
Administrator a written recommendation as to the disposition of any 
petition received by them. Where the Administrator does not reverse or 
modify a recommendation made by a state agency within 10 business days 
of its receipt, the recommended disposition shall constitute the 
Administrator's decision on the petition.

[Amdt. 190-5, 59 FR 17280, Apr. 12, 1994, as amended by Amdt. 190-6, 61 
FR 18513, Apr. 26, 1996]