Compliance and waivers

§ 60118. Compliance and waivers (a) General Requirements.—A person transporting gas or hazardous liquid or owning or operating a pipeline facility shall— (1) comply with applicable safety standards prescribed under this chapter, except as provided in this section; (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 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 transporting gas or hazardous liquid or operating a pipeline facility, 108 STAT. 1323the 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.