skip navigation
[1] So in original. Probably should be “investigates”.
§ 60118. Compliance and waivers
(a)
General Requirements.—
A person owning or operating a pipeline facility shall—
(1)
comply with applicable safety standards prescribed under this chapter, except as provided in this section or in section
60126;
(2)
prepare and carry out a plan for inspection and maintenance required under section
60108
(a) and (b) of this title;
(b)
Compliance Orders.—
The Secretary of Transportation may issue orders directing compliance with this chapter, an order under section
60126, or a regulation prescribed under this chapter. An order shall state clearly the action a person must take to comply.
(c)
Waivers by Secretary.—
On application of a person owning or operating a pipeline facility, the Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter on terms the Secretary considers appropriate, if the waiver is not inconsistent with pipeline safety. The Secretary shall state the reasons for granting a waiver under this subsection. The Secretary may act on a waiver only after notice and an opportunity for a hearing.
(d)
Waivers by State Authorities.—
If a certification under section
60105 of this title or an agreement under section
60106 of this title is in effect, the State authority may waive compliance with a safety standard to which the certification or agreement applies in the same way and to the same extent the Secretary may waive compliance under subsection (c) of this section. However, the authority must give the Secretary written notice of the waiver at least 60 days before its effective date. If the Secretary makes a written objection before the effective date of the waiver, the waiver is stayed. After notifying the authority of the objection, the Secretary shall provide a prompt opportunity for a hearing. The Secretary shall make the final decision on granting the waiver.
(e)
Operator Assistance in Investigations.—
If the Secretary or the National Transportation Safety Board investigate [1] an accident involving a pipeline facility, the operator of the facility shall make available to the Secretary or the Board all records and information that in any way pertain to the accident (including integrity management plans and test results), and shall afford all reasonable assistance in the investigation of the accident.
(f)
Limitation on Statutory Construction.—
Nothing in this section may be construed to infringe upon the constitutional rights of an operator or its employees.
[1] So in original. Probably should be “investigates”.
Search this title:
Notes
1 Update(s)
Parallel authorities (CFR)
PDF (2 pages)
Title 49 RSS
Notes
1 Update(s)
Parallel authorities (CFR)
PDF (2 pages)
Title 49 RSS
Donations cover only 20% of our costs.
LII has no control over and does not endorse any external Internet site that contains links to or references LII.