
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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; and
        (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.

    (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.

(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.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
60118(a)..............................  49 App.:1677(a).                 Aug. 1
2, 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. 3
0, 1979, Pub. L. 96-129, Secs.
                                                                          203(h
), 207(a), (b)(1), 93 Stat. 1005,
                                                                          1009.
60118(b)..............................  49 App.:1677(b)(1).              Aug. 1
2, 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. 1
2, 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).
-------------------------------------------------------------------------------
---------------------------------

    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

    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 60119, 60122, 60123, 60124 
of this title.
