49 U.S.C. § 60118 : US Code - Section 60118: Compliance and waivers
Search 49 U.S.C. § 60118 : US Code - Section 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;
(3) allow access to or copying of records, make reports and
provide information, and allow entry or inspection required under
section 60117(a)-(d) of this title; and
(4) conduct a risk analysis, and adopt and implement an
integrity management program, for pipeline facilities as required
under section 60109(c).
(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.