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Code · STATUTE-COMPILATIONS · Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 · Sec. 2

Sec. 2. CIVIL PENALTIES

391 words·~2 min read·/statute-compilations/comps-9818/sec-2

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## SEC. 2 CIVIL PENALTIES ###
(a)General Penalties; Penalty Considerations Section 60122 is amended— ####
(1)in subsection (a)(1)— #####
(A)in the first sentence by striking “$100,000” and inserting “$200,000”; and #####
(B)in the last sentence by striking “$1,000,000” and inserting “$2,000,000”; and ####
(2)in subsection (b)(1)(B) by striking “the ability to pay,”. ###
(b)Operator Assistance in Investigations Section 60118(e) is amended to read as follows: > > ### “(e) Operator Assistance in Investigations > > > #### “(1) Assistance and access > > If the Secretary or the National Transportation Safety Board investigates an accident or incident involving a pipeline facility, the operator of the facility shall— > > > ##### “(A) > > make available to the Secretary or the Board all records and information that in any way pertain to the accident or incident, including integrity management plans and test results; and > > > ##### “(B) > > afford all reasonable assistance in the investigation of the accident or incident. > > > #### “(2) Operator assistance in investigations > > > ##### “(A) In general > > The Secretary may impose a civil penalty under section 60122 on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under this chapter. > > > ##### “(B) Obstructs defined > > > ###### “(i) In general > > In this paragraph, the term ‘obstructs’ includes actions that were known, or reasonably should have been known, to prevent, hinder, or impede an investigation without good cause. > > > ###### “(ii) Good cause > > In clause (i), the term ‘good cause’ may include actions such as restricting access to facilities that are not secure or safe for nonpipeline personnel or visitors.” > . ###
(c)Administrative Penalty Caps Inapplicable Section 60120(a)(1) is amended by adding at the end the following: “The maximum amount of civil penalties for administrative enforcement actions under section 60122 shall not apply to enforcement actions under this section.”. ###
(d)Judicial Review of Administrative Enforcement Orders Section 60119(a) is amended— ####
(1)in the subsection heading by striking “and Waiver Orders” and inserting “, Orders, and Other Final Agency Actions”; and ####
(2)by striking “about an application for a waiver under section 60118(c) or
(d)of this title” and inserting “under this chapter”.
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