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49 U.S.C. § 60118 — Compliance and waivers

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60118 — Compliance and waivers

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Source file: Laws/federal/codes/united-states-code/title-49/section-60118-compliance-and-waivers--376c051dce.md
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Source location: Title 49, Chapter 601, § 60118; chapter-601-safety.md

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**(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 subsections (a) through (e) of [section 60117 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60117&num=0&edition=prelim); 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.—** (1) **Nonemergency waivers.—** (A) *In general.—* — On application of an owner or operator of a pipeline facility, the Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter with respect to such facility on terms the Secretary considers appropriate if the Secretary determines that the waiver is not inconsistent with pipeline safety. (B) *Hearing.—* — The Secretary may act on a waiver under this paragraph only after notice and an opportunity for a hearing. (2) **Emergency waivers.—** (A) *In general.—* — The Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter on terms the Secretary considers appropriate without prior notice and comment if the Secretary determines that— (i) it is in the public interest to grant the waiver; (ii) the waiver is not inconsistent with pipeline safety; and (iii) the waiver is necessary to address an actual or impending emergency involving pipeline transportation, including an emergency caused by a natural or manmade disaster. (B) *Period of waiver.—* — A waiver under this paragraph may be issued for a period of not more than 60 days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing on the waiver. The Secretary shall immediately revoke the waiver if continuation of the waiver would not be consistent with the goals and objectives of this chapter. (3) **Statement of reasons.—** — The Secretary shall state in an order issued under this subsection the reasons for granting the waiver. **(d) Waivers by State Authorities.—** If a certification under [section 60105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105&num=0&edition=prelim) or an agreement under [section 60106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60106&num=0&edition=prelim) 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.—** (1) **Assistance and access.—** — If the Secretary or the National Transportation Safety Board investigates an accident or incident involving a pipeline facility, the operator of the facility shall— (A) make available to the Secretary or the Board all records and information that in any way pertain to the accident or incident, including integrity management plans and test results; and (B) afford all reasonable assistance in the investigation of the accident or incident. (2) **Operator assistance in investigations.—** (A) *In general.—* — The Secretary may impose a civil penalty under section 60122 on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under this chapter. (B) *Obstructs defined.—* (i) *In general.—* — In this paragraph, the term “obstructs” includes actions that were known, or reasonably should have been known, to prevent, hinder, or impede an investigation without good cause. (ii) *Good cause.—* — In clause (i), the term “good cause” may include actions such as restricting access to facilities that are not secure or safe for nonpipeline personnel or visitors. **(f) Limitation on Statutory Construction.—** Nothing in this section may be construed to infringe upon the constitutional rights of an operator or its employees.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60105 — State pipeline safety program certifications

**(a) General Requirements and Submission.—** Except as provided in this section and sections 60114 and 60121 of this title, the Secretary of Transportation may not prescribe or enforce safety standards and practices for an intrastate pipeline facility or intrastate pipeline transportation to the extent that the safety standards and practices are regulated by a State authority (including a municipality if the standards and practices apply to intrastate gas pipeline transportation) that submits to the Secretary annually a certification for the facilities and transportation that complies with subsections (b) and (c) of this section. **(b) Contents.—** Each certification submitted under subsection (a) of this section shall state that the State authority— (1) has regulatory jurisdiction over the standards and practices to which the certification applies; (2) has adopted, by the date of certification, each applicable standard prescribed under this chapter or, if a standard under this chapter was prescribed not later than 120 days before certification, is taking steps to adopt that standard; (3) is enforcing each adopted standard through ways that include inspections conducted by State employees meeting the qualifications the Secretary prescribes under [section 60107(d)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60107/d/1/C&num=0&edition=prelim); (4) is encouraging and promoting the establishment of a program designed to prevent damage by demolition, excavation, tunneling, or construction activity to the pipeline facilities to which the certification applies that subjects persons who violate the applicable requirements of that program to civil penalties and other enforcement actions that are substantially the same as

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60105

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60117 — Administrative

**(a) General Authority.—** To carry out this chapter, the Secretary of Transportation may conduct investigations, make reports, issue subpenas, conduct hearings, require the production of records, take depositions, and conduct research, testing, development, demonstration, and training activities and promotional activities relating to prevention of damage to pipeline facilities. The Secretary may not charge a tuition-type fee for training State or local government personnel in the enforcement of regulations prescribed under this chapter. **(b) Enforcement Procedures.—** (1) **Process.—** — In implementing enforcement procedures under this chapter and part 190 of title 49, Code of Federal Regulations (or successor regulations), the Secretary shall— (A) allow the respondent to request the use of a consent agreement and consent order to resolve any matter of fact or law asserted; (B) allow the respondent and the agency to convene 1 or more meetings— (i) for settlement or simplification of the issues; or (ii) to aid in the disposition of issues; (C) require that the case file in an enforcement proceeding include all agency records pertinent to the matters of fact and law asserted; (D) allow the respondent to reply to each post-hearing submission of the agency; (E) allow the respondent to request that a hearing be held, and an order be issued, on an expedited basis; (F) require that the agency have the burden of proof, presentation, and persuasion in any enforcement matter; (G) require that any order contain findings of relevant fact and conclusions of law; (H) require the Office of Pipeline Safety to file a post-hearing recommendation not later than 30 days after the deadline for any post-hearing submission of a respondent; (I) requir

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60117

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60106 — State pipeline safety agreements

**(a) Agreements Without Certification.—** If the Secretary of Transportation does not receive a certification under [section 60105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105&num=0&edition=prelim), the Secretary may make an agreement with a State authority (including a municipality if the agreement applies to intrastate gas pipeline transportation) authorizing it to take necessary action. Each agreement shall— (1) establish an adequate program for record maintenance, reporting, and inspection designed to assist compliance with applicable safety standards prescribed under this chapter; and (2) prescribe procedures for approval of plans of inspection and maintenance substantially the same as required under section 60108 (a) and (b) of this title. **(b) Agreements With Certification.—** (1) **In general.—** — If the Secretary accepts a certification under section 60105 and makes the determination required under this subsection, the Secretary may make an agreement with a State authority authorizing it to participate in the oversight of interstate pipeline transportation. Each such agreement shall include a plan for the State authority to participate in special investigations involving incidents or new construction and allow the State authority to participate in other activities overseeing interstate pipeline transportation or to assume additional inspection or investigatory duties. Nothing in this section modifies section 60104(c) or authorizes the Secretary to delegate the enforcement of safety standards for interstate pipeline facilities prescribed under this chapter to a State authority. (2) **Determinations required.—** — The Secretary may not enter into an agreement under this subsection, unless the Secretary d

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60106

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60118 — Compliance and waivers

Page 1783 TITLE 49—TRANSPORTATION § 60118 moment following confirmed discovery of an accident or incident and not later than 1 hour following the time of such confirmed discovery; ‘‘(2) review procedures for owners and operators of pipeline facilities and the National Response Center to provide thorough and coordinated notification to all relevant State and local emergency response offi- cials, including 911 emergency call centers, for the ju- risdictions in which those pipeline facilities are lo- cated in the event of an accident or incident, and re- vise such procedures as appropriate; and ‘‘(3) require such owners and operators to revise their initial telephonic or electronic notice to the Secretary and the National Response Center with an estimate of the amount of the product released, an estimate of the number of fatalities and injuries, if any, and any other information determined appro- priate by the Secretary within 48 hours of the acci- dent or incident, to the extent practicable. ‘‘(c) UPDATING OF REPORTS.—After receiving revisions described in subsection (b)(3), the National Response Center shall update the initial report on an accident or incident instead of generating a new report.’’ [Terms used in section 9 of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title.] GUIDANCE Pub. L. 112–90, § 13(b), Jan. 3, 2012, 125 Stat. 1914, pro- vided that: ‘‘Not later than 1 year after the date of en- actment of this Act [Jan. 3, 2012], the Secretary of Transportation shall issue guidance to clarify the meaning of the term ‘new or novel technologies or de- sign’ as used in section 60117(n)(1)(B)(ii) [now 49 U.S.C. 60117(o)(1)(

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 60118

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