[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR190.203]

[Page 10-11]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 190 --PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES--Table of Contents
 
                         Subpart B--Enforcement
 
Sec. 190.203  Inspections.

    (a) Officers, employees, or agents authorized by the Associate 
Administrator for Pipeline Safety, RSPA, 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 Administrator, RSPA 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. 60101 et seq., the Administrator, RSPA 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, RSPA or 
the Associate Administrator, OPS shall make every effort to negotiate a 
mutually

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acceptable plan with the owner of those facilities and, where 
appropriate, the National Transportation Safety Board for performing the 
testing.
    (e) When the information obtained from an inspection or from other 
appropriate sources indicates that further OPS action is warranted, the 
OPS issues a warning letter under Sec. 190.205 or initiates one or more 
of the enforcement proceedings prescribed in Secs. 190.207 through 
190.235.

[45 FR 20413, Mar. 17, 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]