§ 190.13 Declaratory orders.

(a) In general. An operator may request that an issue of controversy or uncertainty be addressed through the issuance of a declaratory order in accordance with this section and 5 U.S.C. 554(e).

(b) Filing of petition. A petition for declaratory order is filed by sending the petition to the Associate Administrator, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. A petition for declaratory order must include a complete and accurate statement of the relevant facts, identification of an issue of controversy or uncertainty, and an explanation of how a declaratory order would remove the uncertainty or terminate the controversy.

(c) Notice of petition. Upon receiving a petition for declaratory order that satisfies the requirements of this section, the Associate Administrator will publish a notice acknowledging receipt of the petition along with a request for public comment in the Federal Register.

(d) Issuance of a declaratory order. After considering any comments, the Associate Administrator will issue a declaratory order or deny the petition. A declaratory order will include a statement of the relevant facts, application of law, and determination as to the issue of controversy or uncertainty. A declaratory order is effective upon issuance to the requestor and constitutes a legally binding determination upon the requestor and the facts described in the order.

(e) Denial of petition. If the Associate Administrator denies a petition for declaratory order, the Associate Administrator will respond with a brief statement of the grounds for denial.

(f) Petitions for reconsideration; finality; judicial review. The operator may petition for reconsideration of a declaratory order issued under this section. A petition for reconsideration must be received by the Associate Administrator, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, no later than 20 days after issuance of the order. The filing of a petition under this section does not stay the legal effect of the order, unless the Associate Administrator provides otherwise. If the Associate Administrator receives a petition for reconsideration under this section, the decision on reconsideration is the final administrative action. Any application for judicial review must be filed no later than 89 days after the issuance of the order or the decision on reconsideration in accordance with 49 U.S.C. 60119(a).

[Amdt. No. 190-25, 91 FR 21970, Apr. 24, 2026]