Gas Distribution Pipeline Integrity Management: Enforcement Guidance: 49 CFR Part 192 - Subpart P [open pdf - 458KB]
"The materials contained in this document consist of guidance, techniques, procedures and other information for internal use by the PHMSA [U.S. Pipeline and Hazardous Materials Safety Administration] pipeline safety enforcement staff. This guidance document describes the practices used by PHMSA pipeline safety investigators and other enforcement personnel in undertaking their compliance, inspection, and enforcement activities. This document is U.S. Government property and is to be used in conjunction with official duties. The Federal pipeline safety regulations (49 CFR [Code of Federal Regulations] Parts 190-199) discussed in this guidance document contains legally binding requirements. This document is not a regulation and creates no new legal obligations. The regulation is controlling. The materials in this document are explanatory in nature and reflect PHMSA's current application of the regulations in effect at the time of the issuance of the guidance. In preparing an enforcement action alleging a probable violation, an allegation must always be based on the failure to take a required action (or taking a prohibited action) that is set forth directly in the language of the regulation. An allegation should never be drafted in a manner that says the operator 'violated the guidance.' Nothing in this guidance document is intended to diminish or otherwise affect the authority of PHMSA to carry out its statutory, regulatory or other official functions or to commit PHMSA to taking any action that is subject to its discretion. Nothing in this document is intended to and does not create any legal or equitable right or benefit, substantive or procedural, enforceable at law by any person or organization against PHMSA, its personnel, State agencies or officers carrying out programs authorized under Federal law."
U.S. Pipeline and Hazardous Materials Safety Administration: http://phmsa.dot.gov/