49 USC 60118 - Sec. 60118. Compliance and waivers
49 USC - US Code - Title 49: Transportation (January 2003)
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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 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.
Historical And Revision Notes
Revised Source (U.S. Code) Source (Statutes at Large) Section
60118(a) 49 App.:1677(a). Aug. 12, 1968, Pub. L. 90-481, Sec. 10(a), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96-129, Sec. 105(b), 109(h)(4), 152(a), 93 Stat. 994, 996, 999. 49 App.:2006(a). Nov. 30, 1979, Pub. L. 96-129, Secs. 203(h), 207(a), (b)(1), 93 Stat. 1005, 1009. 60118(b) 49 App.:1677(b)(1). Aug. 12, 1968, Pub. L. 90-481, 82 Stat. 720, Sec. 10(b)(1); added Nov. 30, 1979, Pub. L. 96-129, Secs. 104(a)(1), 152(a), 93 Stat. 992, 999. 49 App.:2006(b)(1). 60118(c) 49 App.:1672(d) Aug. 12, 1968, Pub. L. (1st, 2d sentences). 90-481, Sec. 3(d), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96-129, Sec. 104(d), 109(c), 152(b)(2), 93 Stat. 994, 996, 1001. 49 App.:2002(h) (1st, 2d sentences). 60118(d) 49 App.:1672(d) (3d-last sentences). 49 App.:2002(h) (3d-last sentences).
In subsection (a)(1), the words "at all times after the date . . . takes effect . . . the requirements of" are omitted as surplus.
The words "except as provided in this section" are added for clarity.
In subsection (a)(2), the words "establish and" in 49 App.:2006(a)(2) and "and comply with such plan" are omitted as surplus.
In subsection (b), the word "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the United States Code. The word "particular" is omitted as surplus.
The words "a person must take to comply" are substituted for "required of the person to whom the order is issued" for clarity and to eliminate unnecessary words.
In subsection (c), the words "any part of" are substituted for "in whole or in part" to eliminate unnecessary words.
The words "and to such extent" and "he determines that . . . of compliance with such standard" are omitted as surplus.
In subsection (d), the words "to which the certification or agreement applies" are added for clarity.
The words "to the granting of the waiver" and "any State agency action granting" are omitted as surplus.
The words "shall provide a prompt opportunity for a hearing" are substituted for "shall afford such agency a prompt opportunity to present its request for waiver, with opportunity for hearing" to eliminate unnecessary words and for consistency in the revised title and with other titles of the Code. AMENDMENTS 2002 - Subsec. (a)(4). Pub. L. 107-355, Sec. 14(c), added par. (4). Subsec. (e). Pub. L. 107-355, Sec. 10(a), added subsec. (e). Subsec. (f). Pub. L. 107-355, Sec. 10(c), added subsec. (f). 1996 - Subsec. (a). Pub. L. 104-304, Sec. 13(a)(1), struck out "transporting gas or hazardous liquid or" after "person" in introductory provisions.
Subsec. (a)(1). Pub. L. 104-304, Sec. 13(a)(2), added par. (1) and struck out former par. (1) which read as follows: "comply with applicable safety standards prescribed under this chapter, except as provided in this section;". Subsec. (b). Pub. L. 104-304, Sec. 13(b), reenacted subsec. heading without change and amended text generally.
Prior to amendment, text read as follows: "The Secretary of Transportation may issue orders directing compliance with this chapter or a regulation prescribed under this chapter.
An order shall state clearly the action a person must take to comply." Subsec. (c). Pub. L. 104-304, Sec. 13(c), substituted "owning" for "transporting gas or hazardous liquid".
Section Referred To In Other Sections
This section is referred to in sections 60106, 60109, 60119, 60122, 60123, 60124, 60131 of this title.
(!1) So in original.
Probably should be "investigates".
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