49 CFR 190.203 - Inspections and investigations.

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§ 190.203 Inspections and investigations.

(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. 60101 et 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 Associate Administrator.

(c) If the Associate Administrator or Regional Director believes that further information is needed to determine appropriate action, the Associate Administrator or Regional Director may notify the pipeline operator in writing that the operator is required to provide specific information within 30 days from the time the notification is received by the operator, unless otherwise specified in the notification. The notification must provide a reasonable description of the specific information required. An operator may request an extension of time to respond by providing a written justification as to why such an extension is necessary and proposing an alternative submission date. A request for an extension may ask for the deadline to be stayed while the extension is considered. General statements of hardship are not acceptable bases for requesting an extension.

(d) To the extent necessary to carry out the responsibilities under 49 U.S.C. 60101 et seq., the Administrator, or the Associate Administrator, 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, or the Associate Administrator, 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 U.S. Department of Transportation inspects or investigates an accident or incident involving a pipeline facility, the operator must make available to the representative all records and information that pertain to the event in any way, including integrity management plans and test results. The operator must provide all reasonable assistance in the investigation. Any person who obstructs an inspection or investigation by taking actions that were known or reasonably should have been known to prevent, hinder, or impede an investigation without good cause will be subject to administrative civil penalties under this subpart.

(f) When OPS determines that the information obtained from an inspection or from other appropriate sources warrants further action, OPS may initiate one or more of the enforcement proceedings prescribed in this subpart.

[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; Amdt. 190-16, 78 FR 58909, Sept. 25, 2013]

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.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 49 - TRANSPORTATION

§ 60101 - Definitions

§ 60102 - Purpose and general authority

§ 60103 - Standards for liquefied natural gas pipeline facilities

§ 60104 - Requirements and limitations

§ 60105 - State pipeline safety program certifications

§ 60106 - State pipeline safety agreements

§ 60107 - State pipeline safety grants

§ 60108 - Inspection and maintenance

§ 60109 - High-density population areas and environmentally sensitive areas

§ 60110 - Excess flow valves

§ 60111 - Financial responsibility for liquefied natural gas facilities

§ 60112 - Pipeline facilities hazardous to life and property

§ 60113 - Customer-owned natural gas service lines

§ 60114 - One-call notification systems

§ 60115 - Technical safety standards committees

§ 60116 - Public education programs

§ 60117 - Administrative

§ 60118 - Compliance and waivers

§ 60119 - Judicial review

§ 60120 - Enforcement

§ 60121 - Actions by private persons

§ 60122 - Civil penalties

§ 60123 - Criminal penalties

§ 60124 - Biennial reports

§ 60125 - Authorization of appropriations

§ 60126 - Risk management

§ 60127 - Population encroachment and rights-of-way

§ 60128 - Dumping within pipeline rights-of-way

§ 60129 - Protection of employees providing pipeline safety information

§ 60130 - Pipeline safety information grants to communities

§ 60131 - Verification of pipeline qualification programs

§ 60132 - National pipeline mapping system

§ 60133 - Coordination of environmental reviews

§ 60134 - State damage prevention programs

§ 60135 - Enforcement transparency

§ 60136 - Petroleum product transportation capacity study

§ 60137 - Pipeline control room management

§ 60138 - Response plans

§ 60139 - Maximum allowable operating pressure

§ 60140 - Cover over buried pipelines