§ 60118.
(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; 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.
(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.—
(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.
([Pub. L. 103–272, § 1(e)], July 5, 1994, [108 Stat. 1322]; [Pub. L. 104–304, § 13], Oct. 12, 1996, [110 Stat. 3802]; [Pub. L. 107–355], §§ 10(a), (c), 14(c), Dec. 17, 2002, [116 Stat. 2995], 2996, 3005; [Pub. L. 109–468, § 10], Dec. 29, 2006, [120 Stat. 3494]; [Pub. L. 112–90, § 2(b)], Jan. 3, 2012, [125 Stat. 1905]; [Pub. L. 116–260, div. R, title I, § 108(b)(3)], Dec. 27, 2020, [134 Stat. 2223].)