La. Admin. Code tit. 43 § XIII-6107

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-6107 - Stand-Down Waivers [49 CFR 199 .7]

A. Each operator who seeks a waiver under 49 CFR § 40.21 from the stand-down restriction must submit an application for waiver in duplicate to the Associate Administrator for Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590-0001 [ 49 CFR 199.7(a)].

B. Each applicant must: [ 49 CFR 199.7(b)]

1. identify 49 CFR 40.21 as the rule from which the waiver is sought; [ 49 CFR 199.7(b)(1)]

2. explain why the waiver is requested and describe the employees to be covered by the waiver; [ 49 CFR 199.7(b)(2)]

3. contain the information required by 49 CFR § 40.21 and any other information or arguments to support the waiver requested; and [ 49 CFR 199.7(b)(3)]

4. unless good cause is shown in the application, be submitted at least 60 days before the proposed effective date of the waiver. [ 49 CFR 199.7(b)(4)]

C. No public hearing or other proceeding is held directly on an application before its disposition under this Section. If the associate administrator determines that the application contains adequate justification, he or she grants the waiver. If the associate administrator determines that the application does not justify granting the waiver, he or she denies the application. The associate administrator notifies each applicant of the decision to grant or deny an application. [ 49 CFR 199.7(c)]

La. Admin. Code tit. 43, § XIII-6107

Promulgated by the Department of Natural Resources, Office of Conservation, LR 30:1293 (June 2004), amended LR 33:488 (March 2007), LR 35:2813 (December 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:751-757.