§ 60118. — Compliance and waivers.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60118]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 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.
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\1\ So in original. Probably should be ``investigates''.
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(f) Limitation on Statutory Construction.--Nothing in this section
may be construed to infringe upon the constitutional rights of an
operator or its employees.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1322; Pub. L. 104-
304, Sec. 13, Oct. 12, 1996, 110 Stat. 3802; Pub. L. 107-355,
Secs. 10(a), (c), 14(c), Dec. 17, 2002, 116 Stat. 2995, 2996, 3005.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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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) (1st, 2d Aug. 12, 1968, Pub. L. 90-481, Sec.
sentences). 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).
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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.
