(a) Officers, employees, or agents authorized by the Associate Administrator for Pipeline Safety, PHMSA, upon presenting appropriate credentials, are authorized to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties are relevant to determining the compliance of such persons with the requirements of 49 U.S.C. 60101et seq., or regulations or orders issued thereunder.
(b) Inspections are ordinarily conducted pursuant to one of the following:
(1) Routine scheduling by the Regional Director of the Region in which the facility is located;
(2) A complaint received from a member of the public;
(3) Information obtained from a previous inspection;
(4) Report from a State Agency participating in the Federal Program under 49 U.S.C. 60105 ;
(5) Pipeline accident or incident; or
(6) Whenever deemed appropriate by the Administrator, PHMSA or his designee.
(c) If, after an inspection, the Associate Administrator, OPS believes that further information is needed to determine appropriate action, the Associate Administrator, OPS may send the owner or operator a “Request for Specific Information” to be answered within 45 days after receipt of the letter.
(d) To the extent necessary to carry out the responsibilities under 49 U.S.C. 60101et seq., the Administrator, PHMSA or the Associate Administrator, OPS may require testing of portions of pipeline facilities that have been involved in, or affected by, an accident. However, before exercising this authority, the Administrator, PHMSA or the Associate Administrator, OPS shall make every effort to negotiate a mutually acceptable plan with the owner of those facilities and, where appropriate, the National Transportation Safety Board for performing the testing.
(e) If a representative of the DOT investigates an incident involving a pipeline facility, OPS may request that the operator make available to the representative all records and information that pertain to the incident in any way, including integrity management plans and test results, and that the operator afford all reasonable assistance in the investigation.
(f) When the information obtained from an inspection or from other appropriate sources indicates that further OPS action is warranted, the OPS may issue a warning letter under § 190.205 or initiate one or more of the enforcement proceedings prescribed in §§ 190.207 through 190.235.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-3, 56 FR 31090, July 9, 1991; Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-7, 61 FR 27792, June 3, 1996; Amdt. 190-7, 63 FR 7722, Feb. 17, 1998; 70 FR 11137, Mar. 8, 2005]
Title 49 published on 2012-10-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.