2016—Pub. L. 114–183, §12(d)(1), June 22, 2016, 130 Stat. 524, added item 60141.
2012—Pub. L. 112–90, §§6(c)(2), 23(b), 28(b), Jan. 3, 2012, 125 Stat. 1910, 1919, 1921, added items 60138 to 60140.
2006—Pub. L. 109–468, §§2(b)(3), 6(b), 8(b), 12(b), Dec. 29, 2006, 120 Stat. 3489, 3491, 3492, 3495, added items 60134 to 60137.
2002—Pub. L. 107–355, §§6(c), 9(c), 11(b), 13(a)(2), 15(b), 16(b), 20(a)(2)(B), Dec. 17, 2002, 116 Stat. 2993, 2995, 2997, 3001, 3006, 3008, 3010, substituted "Purpose and general authority" for "General authority" in item 60102 and "Population encroachment and rights-of-way" for "Population encroachment" in item 60127 and added items 60129 to 60133.
1996—Pub. L. 104–304, §§5(f)[(b)], 15(c)[(b)], 16(b), 18(b)(2), 20(e), Oct. 12, 1996, 110 Stat. 3800, 3803, 3804, substituted "State pipeline safety program certifications" for "State certifications" in item 60105, "State pipeline safety agreements" for "State agreements" in item 60106, "State pipeline safety grants" for "State grants" in item 60107, and "Biennial reports" for "Annual reports" in item 60124 and added items 60126, 60127, and 60128.
Memorandum of President of the United States, Mar. 22, 2012, 77 F.R. 18891, provided:
Memorandum for the Heads of Executive Departments and Agencies
In an economy that relies on oil, rising prices at the pump affect all of us. With crude oil prices controlling about three-quarters of gasoline prices, the most important driver of the price here at home is the world oil price—making our economy vulnerable to events halfway around the globe. There are no quick fixes to this problem. In the long run we need to reduce America's dependence on oil—which is why my Administration is implementing historic fuel economy standards for cars and trucks, launching new programs to improve energy efficiency in our buildings, and facilitating the safe and responsible development of our natural gas resources.
But for the foreseeable future, we will continue to rely on oil to help fuel our transportation system. As a result, we must safely and responsibly develop our oil resources here at home, as part of an all-of-the-above energy strategy to grow our economy and make us more secure.
Because of rising oil production, more efficient cars and trucks, and a world-class refining sector that last year was a net exporter of petroleum products for the first time in 60 years, we have cut net imports by a million barrels a day in the last year alone. By reducing our dependence on foreign oil, we will make our Nation more secure and improve our trade balance—creating jobs and supporting domestic industry.
In order to realize these potential benefits, we need an energy infrastructure system that can keep pace with advances in production. To promote American energy sources, we must not only extract oil—we must also be able to transport it to our world-class refineries, and ultimately to consumers.
The need for infrastructure is particularly acute right now. Because of advances in drilling technology that allow us to tap new oil deposits, we are producing more oil from unconventional sources—places like the Eagle Ford Shale in South Texas, where production grew by more than 200 percent last year, or the Bakken formation of North Dakota and Montana, where output has increased tenfold in the last 5 years alone. In States like North Dakota, Montana, and Colorado, rising production is outpacing the capacity of pipelines to deliver the oil to refineries.
Cushing, Oklahoma, is a prime example. There, in part due to rising domestic production, more oil is flowing in than can flow out, creating a bottleneck that is dampening incentives for new production while restricting oil from reaching state-of-the-art refineries on the Gulf Coast. Moving forward on a pipeline from Cushing to Port Arthur, Texas, could create jobs, promote American energy production, and ultimately benefit consumers.
Although expanding and modernizing our Nation's pipeline infrastructure will not lower prices right away, it is a vital part of a sustained strategy to continue to reduce our reliance on foreign oil and enhance our Nation's energy security. Therefore, as part of my Administration's broader efforts to improve the performance of Federal permitting and review processes, we must make pipeline infrastructure a priority, ensuring the health, safety, and security of communities and the environment while supporting projects that can contribute to economic growth and a secure energy future. In doing so, the Federal Government must work in partnership with State, local, and tribal governments, which play a central role in the siting and permitting of pipelines; and, we must protect our natural resources and address the concerns of local communities.
(b) In expediting reviews pursuant to subsection (a) of this section, agencies shall, to the maximum extent practicable and consistent with applicable law, utilize and incorporate information from prior environmental reviews and studies conducted in connection with previous applications for similar or overlapping infrastructure projects so as to avoid duplicating effort.
(i) the authority granted by law to a department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget related to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
(a)
(1) "existing liquefied natural gas facility"—
(A) means a liquefied natural gas facility for which an application to approve the site, construction, or operation of the facility was filed before March 1, 1978, with—
(i) the Federal Energy Regulatory Commission (or any predecessor); or
(ii) the appropriate State or local authority, if the facility is not subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.); but
(B) does not include a facility on which construction is begun after November 29, 1979, without the approval;
(2) "gas" means natural gas, flammable gas, or toxic or corrosive gas;
(3) "gas pipeline facility" includes a pipeline, a right of way, a facility, a building, or equipment used in transporting gas or treating gas during its transportation;
(4) "hazardous liquid" means—
(A) petroleum or a petroleum product;
(B) nonpetroleum fuel, including biofuel, that is flammable, toxic, or corrosive or would be harmful to the environment if released in significant quantities; and
(C) a substance the Secretary of Transportation decides may pose an unreasonable risk to life or property when transported by a hazardous liquid pipeline facility in a liquid state (except for liquefied natural gas);
(5) "hazardous liquid pipeline facility" includes a pipeline, a right of way, a facility, a building, or equipment used or intended to be used in transporting hazardous liquid;
(6) "interstate gas pipeline facility" means a gas pipeline facility—
(A) used to transport gas; and
(B) subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.);
(7) "interstate hazardous liquid pipeline facility" means a hazardous liquid pipeline facility used to transport hazardous liquid in interstate or foreign commerce;
(8) "interstate or foreign commerce"—
(A) related to gas, means commerce—
(i) between a place in a State and a place outside that State; or
(ii) that affects any commerce described in subclause (A)(i) of this clause; and
(B) related to hazardous liquid, means commerce between—
(i) a place in a State and a place outside that State; or
(ii) places in the same State through a place outside the State;
(9) "intrastate gas pipeline facility" means a gas pipeline facility and transportation of gas within a State not subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.);
(10) "intrastate hazardous liquid pipeline facility" means a hazardous liquid pipeline facility that is not an interstate hazardous liquid pipeline facility;
(11) "liquefied natural gas" means natural gas in a liquid or semisolid state;
(12) "liquefied natural gas accident" means a release, burning, or explosion of liquefied natural gas from any cause, except a release, burning, or explosion that, under regulations prescribed by the Secretary, does not pose a threat to public health or safety, property, or the environment;
(13) "liquefied natural gas conversion" means conversion of natural gas into liquefied natural gas or conversion of liquefied natural gas into natural gas;
(14) "liquefied natural gas pipeline facility"—
(A) means a gas pipeline facility used for transporting or storing liquefied natural gas, or for liquefied natural gas conversion, in interstate or foreign commerce; but
(B) does not include any part of a structure or equipment located in navigable waters (as defined in section 3 of the Federal Power Act (16 U.S.C. 796));
(15) "municipality" means a political subdivision of a State;
(16) "new liquefied natural gas pipeline facility" means a liquefied natural gas pipeline facility except an existing liquefied natural gas pipeline facility;
(17) "person", in addition to its meaning under section 1 of title 1 (except as to societies), includes a State, a municipality, and a trustee, receiver, assignee, or personal representative of a person;
(18) "pipeline facility" means a gas pipeline facility and a hazardous liquid pipeline facility;
(19) "pipeline transportation" means transporting gas and transporting hazardous liquid;
(20) "State" means a State of the United States, the District of Columbia, and Puerto Rico;
(21) "transporting gas"—
(A) means—
(i) the gathering, transmission, or distribution of gas by pipeline, or the storage of gas, in interstate or foreign commerce; and
(ii) the movement of gas through regulated gathering lines; but
(B) does not include gathering gas (except through regulated gathering lines) in a rural area outside a populated area designated by the Secretary as a nonrural area;
(22) "transporting hazardous liquid"—
(A) means—
(i) the movement of hazardous liquid by pipeline, or the storage of hazardous liquid incidental to the movement of hazardous liquid by pipeline, in or affecting interstate or foreign commerce; and
(ii) the movement of hazardous liquid through regulated gathering lines; but
(B) does not include moving hazardous liquid through—
(i) gathering lines (except regulated gathering lines) in a rural area;
(ii) onshore production, refining, or manufacturing facilities; or
(iii) storage or in-plant piping systems associated with onshore production, refining, or manufacturing facilities;
(23) "risk management" means the systematic application, by the owner or operator of a pipeline facility, of management policies, procedures, finite resources, and practices to the tasks of identifying, analyzing, assessing, reducing, and controlling risk in order to protect employees, the general public, the environment, and pipeline facilities;
(24) "risk management plan" means a management plan utilized by a gas or hazardous liquid pipeline facility owner or operator that encompasses risk management;
(25) "Secretary" means the Secretary of Transportation; and
(26) "underground natural gas storage facility" means a gas pipeline facility that stores natural gas in an underground facility, including—
(A) a depleted hydrocarbon reservoir;
(B) an aquifer reservoir; or
(C) a solution-mined salt cavern reservoir.
(b)
(B) In defining "gathering line" for gas, the Secretary—
(i) shall consider functional and operational characteristics of the lines to be included in the definition; and
(ii) is not bound by a classification the Commission establishes under the Natural Gas Act (15 U.S.C. 717 et seq.).
(2)(A) Not later than October 24, 1995, the Secretary, if appropriate, shall prescribe standards defining the term "regulated gathering line". In defining the term, the Secretary shall consider factors such as location, length of line from the well site, operating pressure, throughput, and the composition of the transported gas or hazardous liquid, as appropriate, in deciding on the types of lines that functionally are gathering but should be regulated under this chapter because of specific physical characteristics.
(B)(i) The Secretary also shall consider diameter when defining "regulated gathering line" for hazardous liquid.
(ii) The definition of "regulated gathering line" for hazardous liquid may not include a crude oil gathering line that has a nominal diameter of not more than 6 inches, is operated at low pressure, and is located in a rural area that is not unusually sensitive to environmental damage.
(Pub. L. 103–272, §§1(e), 4(s), July 5, 1994, 108 Stat. 1301, 1371; Pub. L. 104–287, §5(90), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104–304, §§3, 20(f), Oct. 12, 1996, 110 Stat. 3793, 3805; Pub. L. 109–468, §7, Dec. 29, 2006, 120 Stat. 3491; Pub. L. 112–90, §14, Jan. 3, 2012, 125 Stat. 1914; Pub. L. 114–183, §12(a), June 22, 2016, 130 Stat. 522.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60101(a)(1) | 49 App.:1671(10). | Aug. 12, 1968, Pub. L. 90–481, §2(10), 82 Stat. 720; Oct. 11, 1976, Pub. L. 94–477, §3(2), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §151, 93 Stat. 998. |
49 App.:1671(14). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §2(11)–(17); added Nov. 30, 1979, Pub. L. 96–129, §151, 93 Stat. 998. | |
49 App.:2001(11). | Nov. 30, 1979, Pub. L. 96–129, §202(1)–(4) (1st–27th words), (5)–(9), (11), 93 Stat. 1003, 1004. | |
60101(a)(2) | 49 App.:1671(2). | Aug. 12, 1968, Pub. L. 90–481, §2(1), (2), (4) (1st–32d words), (5), (6), 82 Stat. 720. |
60101(a)(3) | 49 App.:1671(4) (1st–32d words). | |
60101(a)(4) | 49 App.:2001(2). | |
60101(a)(5) | 49 App.:2001(4) (1st–27th words). | |
60101(a)(6) | 49 App.:1671(8). | Aug. 12, 1968, Pub. L. 90–481, §2(8), 82 Stat. 720; Oct. 11, 1976, Pub. L. 94–477, §3(1), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §109(b) (related to §2(8)), 93 Stat. 996. |
60101(a)(7) | 49 App.:2001(5). | |
60101(a) (8)(A) | 49 App.:1671(17). | |
60101(a) (8)(B) | 49 App.:2001(7). | |
60101(a)(9) | 49 App.:1671(9). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §2(9); added Oct. 11, 1976, Pub. L. 94–477, §3(2), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§109(b) (related to §2(9)), 151, 93 Stat. 996, 998. |
60101(a)(10) | 49 App.:2001(6). | |
60101(a)(11) | 49 App.:1671(11). | |
60101(a)(12) | 49 App.:1671(16). | |
60101(a)(13) | 49 App.:1671(13). | |
60101(a)(14) | 49 App.:1671(12). | |
60101(a)(15) | 49 App.:1671(6). | |
49 App.:2001(9). | ||
60101(a)(16) | 49 App.:1671(15). | |
60101(a)(17) | 49 App.:1671(1). | |
49 App.:2001(1). | ||
60101(a)(18), (19) | (no source). | |
60101(a)(20) | 49 App.:1671(5). | |
49 App.:2001(8). | ||
60101(a)(21) | 49 App.:1671(3). | Aug. 12, 1968, Pub. L. 90–481, §2(3), 82 Stat. 720; Nov. 30, 1979, Pub. L. 96–129, §152(b)(1), 93 Stat. 1001. |
60101(a)(22) | 49 App.:2001(3). | |
60101(b) | 49 App.:1688. | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §21; added Oct. 24, 1992, Pub. L. 102–508, §109(b), 106 Stat. 3295. |
49 App.:2016. | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §220; added Oct. 24, 1992, Pub. L. 102–508, §208(b), 106 Stat. 3303. |
In this chapter, the words "liquefied natural gas" are substituted for "LNG" for clarity. The word "authority" is substituted for "agency" for consistency in the revised title and with other titles of the United States Code. The words "gas" and "hazardous liquid" are added where applicable because of the restatement.
In subsection (a), before clause (1), the text of 49 App.:1671(10) and 2001(11) is omitted because the complete name of the Secretary of Transportation is used the first time the term appears in a section. The words "As used" are omitted as surplus. In clause (1)(A), the words "Federal Energy Regulatory Commission" and "Commission" are substituted for "Department of Energy" because under 42:7171(a) and 7172(a)(1) the Commission is statutorily independent of the Department and has the responsibility for siting, construction, and operating applications. In clauses (3) and (5), the words "without limitation, new and existing" are omitted as surplus. In clause (4)(B), the words "or material" are omitted as surplus. In clause (6), before subclause (A), the word "pipeline" is substituted for "transmission" for clarity and consistency. In clause (8)(A), before subclause (i), the words "trade, traffic, transportation, exchange, or other" are omitted as surplus. In subclause (ii), the words "trade, transportation, exchange, or other" are omitted as surplus. In clause (8)(B), the word "place" is substituted for "point" for clarity and consistency in the revised title. In clause (9), before subclause (A), the word "facility" is substituted for "transportation" for clarity and consistency. In clause (12), the words "resulting from" and the text of 49 App.:1671(16)(A)–(D) are omitted as surplus. In clause (13), the words "(liquefaction or solidification)" and "(vaporization)" are omitted as surplus. In clauses (14) and (16), the word "pipeline" is added for clarity. In clause (15), the words "city, county, or any other" are omitted as surplus. In clause (17), the words "in addition to its meaning under section 1 of title 1 (except as to societies)" are substituted for "any individual, firm, joint venture, partnership, corporation, association . . . cooperative association, or joint stock association" to eliminate unnecessary words, for clarity, and for consistency in the revised title and with other titles of the Code. Clauses (18) and (19) are added because of the restatement. In clause (20), the words "of the United States" are substituted for "of the several" for consistency in the revised title and with other titles of the Code. In clause (21)(B), the words "outside a populated area" are substituted for "which lie outside the limits of any incorporated or unincorporated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area" to eliminate unnecessary words. In clause (22)(B)(i), the word "area" is substituted for "locations" for consistency.
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60101(a)(21), (22) | 49 App.:1671 (note). | Oct. 24, 1992, Pub. L. 102–508, §109(a), 106 Stat. 3294. |
49 App.:2001 (note). | Oct. 24, 1992, Pub. L. 102–508, §208(a), 106 Stat. 3303. |
Section 4(s) reflects an amendment to the restatement required by sections 109(a) and 208(a) of the Pipeline Safety Act of 1992 (Public Law 102–508, 106 Stat. 3294, 3303).
This amends 49:60101 for consistency with the style of title 49.
The Natural Gas Act, referred to in subsecs. (a)(1)(A)(ii), (6)(B), (9) and (b)(1)(B)(ii), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§717 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables.
The amendments by section 4(s) of Pub. L. 103–272 to pars. (21) and (22) of subsec. (a) of this section were executed after the amendments by Pub. L. 104–304 to those pars. pursuant to the effective date provisions of section 4(s). See Effective Date of 1994 Amendment note and 1994 and 1996 Amendment notes below.
2016—Subsec. (a)(21)(B). Pub. L. 114–183, §12(a)(1), substituted "nonrural area;" for "nonrural area."
Subsec. (a)(22)(B)(iii). Pub. L. 114–183, §12(a)(2), substituted "facilities;" for "facilities."
Subsec. (a)(26). Pub. L. 114–183, §12(a)(3)–(5), added par. (26).
2012—Subsec. (a)(4)(B), (C). Pub. L. 112–90 added subpar. (B) and redesignated former subpar. (B) as (C).
2006—Subsec. (a)(6). Pub. L. 109–468, §7(1), added par. (6) and struck out former par. (6) which defined "interstate gas pipeline facility".
Subsec. (a)(9). Pub. L. 109–468, §7(2), added par. (9) and struck out former par. (9) which defined "intrastate gas pipeline facility".
1996—Subsec. (a). Pub. L. 104–287 inserted heading.
Subsec. (a)(1) to (20). Pub. L. 104–304, §3(a)(1), substituted semicolon for period at end of pars. (1) to (20).
Subsec. (a)(21)(B). Pub. L. 104–304, §3(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: "does not include gathering gas in a rural area outside a populated area designated by the Secretary as a nonrural area;". See Codification note above.
Pub. L. 104–304, §3(a)(1), substituted semicolon for period at end. See Codification note above.
Subsec. (a)(22). Pub. L. 104–304, §3(a)(1), substituted semicolon for period at end. See Codification note above.
Subsec. (a)(23) to (25). Pub. L. 104–304, §3(a)(3), added pars. (23) to (25).
Subsec. (b)(1)(A). Pub. L. 104–304, §20(f), substituted "prescribe standards defining" for "define by regulation".
Subsec. (b)(2)(A). Pub. L. 104–304, §§3(b), 20(f), inserted ", if appropriate," after "Not later than October 24, 1995, the Secretary" and substituted "prescribe standards defining" for "define by regulation".
1994—Subsec. (a)(21), (22). Pub. L. 103–272, §4(s), amended pars. (21) and (22) generally. Prior to amendment, pars. (21) and (22) defined "transporting gas" and "transporting hazardous liquid".
Pub. L. 103–272, §4(s), July 5, 1994, 108 Stat. 1371, provided that the amendment made by that section is effective on the date the regulation required under subsec. (b) of this section is effective. See regulations effective Apr. 14, 2006, 71 F.R. 13289, and July 3, 2008, 73 F.R. 31634.
Pub. L. 114–183, §1(a), June 22, 2016, 130 Stat. 514, provided that: "This Act [enacting sections 60141 and 60302 of this title, amending this section and sections 6107, 60103, 60106 to 60109, 60115, 60117, 60124, 60125, and 60130 of this title, enacting provisions set out as notes under sections 108, 60102, 60103, 60108, 60109, and 60117 of this title, and amending provisions set out as a note under this section] may be cited as the 'Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016' or the 'PIPES Act of 2016'."
Pub. L. 112–90, §1(a), Jan. 3, 2012, 125 Stat. 1904, provided that: "This Act [enacting sections 60138 to 60140 of this title, amending this section, sections 6103, 6107, 60102, 60107 to 60109, 60117 to 60120, 60122, 60125, 60130, 60132, and 60134 of this title, and section 1321 of Title 33, Navigation and Navigable Waters, enacting provisions set out as notes under this section and sections 6103, 60108, 60109, 60117, and 60132 of this title, and amending provisions set out as a note under this section] may be cited as the 'Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011'."
Pub. L. 109–468, §1(a), Dec. 29, 2006, 120 Stat. 3486, provided that: "This Act [enacting sections 6109 and 60134 to 60137 of this title, amending this section and sections 6107, 60102, 60105, 60107, 60109, 60114, 60117, 60118, 60122, 60125, and 60130 of this title, enacting provisions set out as notes under this section and sections 60102 and 60117 of this title, and amending provisions set out as a note under this section] may be cited as the 'Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006'."
Pub. L. 107–355, §1(a), Dec. 17, 2002, 116 Stat. 2985, provided that: "This Act [enacting sections 60129 to 60133 of this title, amending sections 6103 to 6105, 6107, 60102, 60104, 60106, 60109, 60110, 60112, 60114 to 60118, 60120, 60122, 60123, 60125, and 60127 of this title, and enacting provisions set out as notes under sections 1135, 60101, 60102, 60108, 60109, 60114, 60122, and 60131 of this title and section 717m of Title 15, Commerce and Trade] may be cited as the 'Pipeline Safety Improvement Act of 2002'."
Pub. L. 104–304, §1, Oct. 12, 1996, 110 Stat. 3793, provided that: "This Act [enacting sections 60126 to 60128 of this title, amending this section and sections 60102, 60105 to 60110, 60113 to 60118, 60123 to 60125 of this title, and enacting provisions set out as a note under section 60301 of this title] may be cited as the 'Accountable Pipeline Safety and Partnership Act of 1996'."
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
Pub. L. 109–468, §24, Dec. 29, 2006, 120 Stat. 3500, provided that:
"(a)
"(b)
"(1) communication of national, State, and local safety information to pipeline operators;
"(2) distribution of technical resources and training to support current and future Federal mandates; and
"(3) evaluation of program outcomes.
"(c)
"(1) safety and security of pipeline systems;
"(2) incident and risk management for such systems;
"(3) integrity management for such systems;
"(4) consequence modeling for such systems;
"(5) detection of encroachments and monitoring of rights-of-way for such systems; and
"(6) vulnerability assessment of such systems at both project and national levels.
"(d)
"(1)
"(2)
"(e)
Pub. L. 107–355, §12, Dec. 17, 2002, 116 Stat. 2997, as amended by Pub. L. 109–468, §26, Dec. 29, 2006, 120 Stat. 3501; Pub. L. 112–90, §32(f), Jan. 3, 2012, 125 Stat. 1923; Pub. L. 114–183, §§2(e), 22(b)(2), June 22, 2016, 130 Stat. 516, 529, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
"(1) materials inspection;
"(2) stress and fracture analysis, detection of cracks, abrasion, and other abnormalities inside pipelines that lead to pipeline failure, and development of new equipment or technologies that are inserted into pipelines to detect anomalies;
"(3) internal inspection and leak detection technologies, including detection of leaks at very low volumes;
"(4) methods of analyzing content of pipeline throughput;
"(5) pipeline security, including improving the real-time surveillance of pipeline rights-of-way, developing tools for evaluating and enhancing pipeline security and infrastructure, reducing natural, technological, and terrorist threats, and protecting first response units and persons near an incident;
"(6) risk assessment methodology, including vulnerability assessment and reduction of third-party damage;
"(7) communication, control, and information systems surety;
"(8) fire safety of pipelines;
"(9) improved excavation, construction, and repair technologies;
"(10) corrosion detection and improving methods, best practices, and technologies for identifying, detecting, preventing, and managing internal and external corrosion and other safety risks; and
"(11) other appropriate elements.
The results of activities carried out under paragraph (10) shall be used by the participating agencies to support development and improvement of national consensus standards.
"(d)
"(1)
"(2)
"(3)
"(A)
"(B)
"(C)
"(i) at least 30 percent of the costs of technology research and development activities may be carried out using non-Federal sources;
"(ii) at least 20 percent of the costs of basic research and development with universities may be carried out using non-Federal sources; and
"(iii) up to 100 percent of the costs of research and development for purely governmental purposes may be carried out using Federal funds.
"(e)
"(f)
"(g)
"(h)
"(1) implement processes and procedures to ensure that activities listed under subsection (c), to the greatest extent practicable, produce results that are peer-reviewed by independent experts and not by persons or entities that have a financial interest in the pipeline, petroleum, or natural gas industries, or that would be directly impacted by the results of the projects; and
"(2) submit to the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the processes and procedures implemented under paragraph (1).
"(i)
Pub. L. 112–90, §1(c), Jan. 3, 2012, 125 Stat. 1904, provided that:
"(1)
"(2)
(a)
(1)
(2)
(A) apply to any or all of the owners or operators of pipeline facilities;
(B) may apply to the design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities; and
(C) shall include a requirement that all individuals who operate and maintain pipeline facilities shall be qualified to operate and maintain the pipeline facilities.
(3)
(b)
(1)
(A) practicable; and
(B) designed to meet the need for—
(i) gas pipeline safety, or safely transporting hazardous liquids, as appropriate; and
(ii) protecting the environment.
(2)
(A) relevant available—
(i) gas pipeline safety information;
(ii) hazardous liquid pipeline safety information; and
(iii) environmental information;
(B) the appropriateness of the standard for the particular type of pipeline transportation or facility;
(C) the reasonableness of the standard;
(D) based on a risk assessment, the reasonably identifiable or estimated benefits expected to result from implementation or compliance with the standard;
(E) based on a risk assessment, the reasonably identifiable or estimated costs expected to result from implementation or compliance with the standard;
(F) comments and information received from the public; and
(G) the comments and recommendations of the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as appropriate.
(3)
(A) identify the regulatory and nonregulatory options that the Secretary considered in prescribing a proposed standard;
(B) identify the costs and benefits associated with the proposed standard;
(C) include—
(i) an explanation of the reasons for the selection of the proposed standard in lieu of the other options identified; and
(ii) with respect to each of those other options, a brief explanation of the reasons that the Secretary did not select the option; and
(D) identify technical data or other information upon which the risk assessment information and proposed standard is based.
(4)
(A)
(i) submit any risk assessment information prepared under paragraph (3) of this subsection to the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as appropriate; and
(ii) make that risk assessment information available to the general public.
(B)
(i) an evaluation of the merit of the data and methods used; and
(ii) any recommended options relating to that risk assessment information and the associated standard that the committee determines to be appropriate.
(C)
(i) shall review the report;
(ii) shall provide a written response to the committee that is the author of the report concerning all significant peer review comments and recommended alternatives contained in the report; and
(iii) may revise the risk assessment and the proposed standard before promulgating the final standard.
(5)
(6)
(A) the standard is the product of a negotiated rulemaking, or other rulemaking including the adoption of industry standards that receives no significant adverse comment within 60 days of notice in the Federal Register;
(B) based on a recommendation (in which three-fourths of the members voting concur) by the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as applicable, the Secretary waives the requirements; or
(C) the Secretary finds, pursuant to section 553(b)(3)(B) of title 5, United States Code, that notice and public procedure are not required.
(7)
(A) describes the implementation of the risk assessment requirements of this section, including the extent to which those requirements have affected regulatory decisionmaking and pipeline safety; and
(B) includes any recommendations that the Secretary determines would make the risk assessment process conducted pursuant to the requirements under this chapter a more effective means of assessing the benefits and costs associated with alternative regulatory and nonregulatory options in prescribing standards under the Federal pipeline safety regulatory program under this chapter.
(c)
(A) notifies an operator of proposed demolition, excavation, tunneling, or construction near or affecting the facility;
(B) requires an operator to identify a pipeline facility that may be affected by the proposed demolition, excavation, tunneling, or construction, to prevent damaging the facility; and
(C) the Secretary decides will protect a facility adequately against a hazard caused by demolition, excavation, tunneling, or construction.
(2) To the extent a public safety program referred to in paragraph (1) of this subsection is not available, the Secretary shall prescribe standards requiring an operator to take action the Secretary prescribes to provide services comparable to services that would be available under a public safety program.
(3) The Secretary may include in the standards prescribed under subsection (a) of this section a requirement that an operator of a hazardous liquid pipeline facility participate in a public safety program meeting the requirements of paragraph (1) of this subsection or maintain and carry out a damage prevention program that provides services comparable to services that would be available under a public safety program.
(4)
(A) Not later than one year after the date of enactment of the Accountable Pipeline Safety and Accountability Act of 1996,2 and annually thereafter, the owner or operator of each interstate gas pipeline facility shall provide to the governing body of each municipality in which the interstate gas pipeline facility is located, a map identifying the location of such facility.
(B)(i) Not later than June 1, 1998, the Secretary shall survey and assess the public education programs under section 60116 and the public safety programs under section 60102(c) and determine their effectiveness and applicability as components of a model program. In particular, the survey shall include the methods by which operators notify residents of the location of the facility and its right of way, public information regarding existing One-Call programs, and appropriate procedures to be followed by residents of affected municipalities in the event of accidents involving interstate gas pipeline facilities.
(ii) Not later than one year after the survey and assessment are completed, the Secretary shall institute a rulemaking to determine the most effective public safety and education program components and promulgate if appropriate, standards implementing those components on a nationwide basis. In the event that the Secretary finds that promulgation of such standards are not appropriate, the Secretary shall report to Congress the reasons for that finding.
(d)
(1) the business name, address, and telephone number, including an operations emergency telephone number, of the operator;
(2) accurate maps and a supplementary geographic description, including an identification of areas described in regulations prescribed under section 60109 of this title, that show the location in the State of—
(A) major gas pipeline facilities of the operator, including transmission lines and significant distribution lines; and
(B) major hazardous liquid pipeline facilities of the operator;
(3) a description of—
(A) the characteristics of the operator's pipelines in the State; and
(B) products transported through the operator's pipelines in the State;
(4) the manual that governs operating and maintaining pipeline facilities in the State;
(5) an emergency response plan describing the operator's procedures for responding to and containing releases, including—
(A) identifying specific action the operator will take on discovering a release;
(B) liaison procedures with State and local authorities for emergency response; and
(C) communication and alert procedures for immediately notifying State and local officials at the time of a release; and
(6) other information the Secretary considers useful to inform a State of the presence of pipeline facilities and operations in the State.
(e)
(1) for a gas pipeline facility, shall include an identification of each facility passing through an area described in regulations prescribed under section 60109 of this title but shall exclude equipment used with the compression of gas; and
(2) for a hazardous liquid pipeline facility, shall include an identification of each facility and gathering line passing through an area described in regulations prescribed under section 60109 of this title, whether the facility or gathering line otherwise is subject to this chapter, but shall exclude equipment associated only with the pipeline pumps or storage facilities.
(f)
(1)
(A) the design and construction of new natural gas transmission pipeline or hazardous liquid pipeline facilities, and
(B) when the replacement of existing natural gas transmission pipeline or hazardous liquid pipeline facilities or equipment is required, the replacement of such existing facilities be carried out, to the extent practicable, in a manner so as to accommodate the passage through such natural gas transmission pipeline or hazardous liquid pipeline facilities of instrumented internal inspection devices (commonly referred to as "smart pigs"). The Secretary may extend such standards to require existing natural gas transmission pipeline or hazardous liquid pipeline facilities, whose basic construction would accommodate an instrumented internal inspection device to be modified to permit the inspection of such facilities with instrumented internal inspection devices.
(2)
(g)
(h)
(A) condition that is a hazard to life, property, or the environment; and
(B) safety-related condition that causes or has caused a significant change or restriction in the operation of a pipeline facility.
(2) The Secretary must receive the report not later than 5 working days after a representative of a person to which this section applies first establishes that the condition exists. Notice of the condition shall be given concurrently to appropriate State authorities.
(i)
(1)
(2)
(A)
(B)
(3)
(j)
(2) Not later than 2 years after the survey and assessment are completed, the Secretary shall prescribe standards on the circumstances under which an operator of a hazardous liquid pipeline facility must use an emergency flow restricting device or other procedure, system, or equipment described in paragraph (1) of this subsection on the facility.
(k)
(1)
(2)
(3)
(A) are subject to safety regulations of the United States Coast Guard; or
(B) serve refining, manufacturing, or truck, rail, or vessel terminal facilities if the pipeline is less than 1 mile long (measured outside the facility grounds) and does not cross an offshore area or a waterway currently used for commercial navigation,
until regulations issued under paragraph (1) become effective. After such regulations become effective, the Secretary may retain or remove those exceptions as appropriate.
(4)
(5)
(6)
(l)
(m)
(n)
(1)
(2)
(A)
(B)
(C)
(o)
(1)
(2)
(3)
(p)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1304; Pub. L. 104–304, §§4, 20(g), Oct. 12, 1996, 110 Stat. 3794, 3805; Pub. L. 107–355, §§20(a)(1), (2)(A), 23, Dec. 17, 2002, 116 Stat. 3009, 3011; Pub. L. 109–468, §4, Dec. 29, 2006, 120 Stat. 3490; Pub. L. 112–90, §§4, 12, 15, 18(b), 24, Jan. 3, 2012, 125 Stat. 1906, 1913, 1915, 1916, 1919; Pub. L. 113–30, §1, Aug. 9, 2013, 127 Stat. 510.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60102(a)(1) | 49 App.:1672(a)(1) (1st, 2d sentences). | Aug. 12, 1968, Pub. L. 90–481, §3(a)(1) (1st, 2d, 7th, 8th sentences), 82 Stat. 721; Oct. 11, 1976, Pub. L. 94–477, §4(1), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§101(a), 109(c)–(e), 93 Stat. 990, 996; Oct. 24, 1992, Pub. L. 102–508, §101(a)(1), (2), 106 Stat. 3290. |
49 App.:1672(a)(1) (3d sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(a)(1) (3d sentence); added Oct. 31, 1988, Pub. L. 100–561, §101, 102 Stat. 2806; Oct. 24, 1992, Pub. L. 102–508, §106(1), 102 Stat. 3293. | |
49 App.:2002(a)(1) (1st, 2d sentences). | Nov. 30, 1979, Pub. L. 96–129, 203(a)(1), 93 Stat. 1004; Oct. 22, 1986, Pub. L. 99–516, §3(b)(1)(A), 100 Stat. 2966; Oct. 24, 1992, Pub. L. 102–508, §201(a)(1), 106 Stat. 3299. | |
49 App.:2002(c) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §203(c) (1st sentence), (e), (f), 93 Stat. 1004. | |
49 App.:2002(c) (2d sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(c) (2d sentence); added Oct. 31, 1988, Pub. L. 100–561, §201, 102 Stat. 2809; Oct. 24, 1992, Pub. L. 102–508, §205(1), 106 Stat. 3302. | |
60102(a)(2) | 49 App.:1672(a)(1) (4th, 5th sentences). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(a)(1) (4th, 5th sentences); added Oct. 24, 1992, Pub. L. 102–508, §106(2), 102 Stat. 3293. |
49 App.:2002(c) (3d, 4th sentences). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(c) (3d, 4th sentences); added Oct. 24, 1992, Pub. L. 102–508, §205(2), 106 Stat. 3302. | |
60102(b) | 49 App.:1672(a)(1) (7th, 8th sentences). | |
49 App.:2002(a)(1) (last sentence). | ||
49 App.:2002(b) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §203(b) (1st sentence), 93 Stat. 1004; Oct. 24, 1992, Pub. L. 102–508, §201(a)(3), 106 Stat. 3300. | |
60102(c)(1), (2) | 49 App.:1672(a)(2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(a)(2); added Nov. 30, 1979, Pub. L. 96–129, §§101(a), 109(c), 93 Stat. 990, 996. |
60102(c)(3) | 49 App.:2002(e). | |
60102(d) | 49 App.:1672(e). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(e); added Oct. 31, 1988, Pub. L. 100–561, §102, 102 Stat. 2806; Oct. 24, 1992, Pub. L. 102–508, §102(b), 106 Stat. 3291. |
49 App.:2002(i). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(i); added Oct. 31, 1988, Pub. L. 100–561, §202, 102 Stat. 2810; Oct. 24, 1992, Pub. L. 102–508, §202(b), 106 Stat. 3301. | |
60102(e) | 49 App.:1672(f). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(f); added Oct. 31, 1988, Pub. L. 100–561, §102, 102 Stat. 2806; Oct. 24, 1992, Pub. L. 102–508, §102(a)(1), 106 Stat. 3290. |
49 App.:2002(j). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(j); added Oct. 31, 1988, Pub. L. 100–561, §202, 102 Stat. 2810; Oct. 24, 1992, Pub. L. 102–508, §202(a)(1), 106 Stat. 3300. | |
60102(f) | 49 App.:1672(g). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(g); added Oct. 31, 1988, Pub. L. 100–561, §108(b), 102 Stat. 2808; Oct. 24, 1992, Pub. L. 102–508, §103, 106 Stat. 3291. |
49 App.:2002(k). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(k); added Oct. 31, 1988, Pub. L. 100–561, §207(b), 102 Stat. 2812; Oct. 24, 1992, Pub. L. 102–508, §203, 106 Stat. 3301. | |
60102(g) | 49 App.:1672(b). | Aug. 12, 1968, Pub. L. 90–481, §3(b), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96–129, §109(c), (f), 93 Stat. 996. |
49 App.:2002(f). | ||
60102(h) | 49 App.:1672(a)(3). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(a)(3); added Oct. 22, 1986, Pub. L. 99–516, §3(a)(1), 100 Stat. 2965; Oct. 24, 1992, Pub. L. 102–508, §101(a)(3), 106 Stat. 3290. |
49 App.:2002(a)(2). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(a)(2); added Oct. 22, 1986, Pub. L. 99–516, §3(b)(1)(B), 100 Stat. 2966; Oct. 24, 1992, Pub. L. 102–508, §201(a)(2), 106 Stat. 3300. | |
60102(i) | 49 App.:2015. | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §219; added Oct. 31, 1988, Pub. L. 100–561, §211(a), 102 Stat. 2813. |
49 App.:2015 (note). | Oct. 31, 1988, Pub. L. 100–561, §211(c), 102 Stat. 2813. | |
60102(j) | 49 App.:2002(n). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(n); added Oct. 24, 1992, Pub. L. 102–508, §212, 106 Stat. 3304. |
60102(k) | 49 App.:2002(b) (last sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(b) (last sentence); added Oct. 24, 1992, Pub. L. 102–508, §206, 106 Stat. 3302. |
In this section, the word "Federal" is omitted as surplus.
In subsection (a)(1), before clause (A), the word "prescribe" is substituted for "by regulation, establish" for consistency in the revised title and with other titles of the United States Code. Standards are made applicable to transporters of gas and to owners and operators of gas pipeline facilities because of 49 App.:1677(a)(1), restated in section 60118 of the revised title.
In subsection (b), before clause (1), the words "Except as provided in section 60103 of this title" are added for clarity. In clause (3), the word "proposed" is omitted as surplus.
In subsection (c)(1), before clause (A), the words "Not later than 12 months after November 30, 1979" are omitted as executed. The word "gas" is added because of the restatement. In clause (B), the word "specific" is omitted as surplus. In clause (C), the words "will protect" are substituted for "is being carried out in a manner . . . to assure protection" to eliminate unnecessary words.
In subsection (c)(2) and (3), the words "to the public with respect to that operator's pipeline facilities which are" are omitted as surplus.
In subsection (c)(2), the word "prescribe" is substituted for "provide" for consistency in the revised title and with other titles of the Code.
In subsection (c)(3), the words "participate in a public safety program meeting the requirements of paragraph (1) of this subsection" are substituted for 49 App.:2002(e)(1) to eliminate unnecessary words.
In subsection (d), before clause (1), the words "Not later than 1 year after October 31, 1988" are omitted as obsolete. The word "prescribe" is substituted for "establish by regulation" for consistency in the revised title and with other titles of the Code. The word "maintain" is substituted for "provide, and revise as necessary" and "completed and maintained" to eliminate unnecessary words. The words "as the case may be" are omitted as surplus. In clause (2), before subclause (A), the words "map or" and "appropriate" are omitted as surplus. In clause (5)(B), the word "government" is omitted as surplus and for consistency in this chapter. In clause (6), the words "and necessary" are omitted as surplus.
In subsections (e) and (f), the word "prescribe" is substituted for "by regulation, establish" for consistency in the revised title and with other titles of the Code.
In subsection (e), before clause (1), the words "not later than 1 year after October 31, 1988" are omitted as obsolete. The words "complete and" and "and to revise as appropriate thereafter" are omitted as surplus.
In subsections (e)(2) and (k), the words "regulation under" are omitted as surplus.
In subsection (g), the words "and amendments thereto" and "recited" are omitted as surplus. The word "different" is substituted for "earlier or later" to eliminate unnecessary words. The words "or amending" are omitted as surplus.
In subsection (h)(1), before clause (A), the words "Not later than 12 months after October 22, 1986" are omitted as obsolete.
In subsection (i), the words "In addition to hazardous liquids", "under this chapter", and "as necessary and appropriate" are omitted as surplus.
In subsection (k), the words "In exercising any discretion under this chapter" are omitted as surplus. The word "because" is substituted for "on the basis of the fact that" to eliminate unnecessary words.
The date of enactment of the Accountable Pipeline Safety and Accountability Act of 1996, referred to in subsec. (c)(4)(A), probably means the date of enactment of the Accountable Pipeline Safety and Partnership Act of 1996, Pub. L. 104–304, which amended this section and was approved Oct. 12, 1996.
The date of enactment of this paragraph, referred to in subsec. (i)(2)(B), and the date of enactment of this subsection, referred to in subsecs. (n) and (p), are the date of enactment of Pub. L. 112–90, which was approved Jan. 3, 2012.
The date of the enactment of this subsection, referred to in subsec. (m), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
2013—Subsec. (p). Pub. L. 113–30 substituted "3 years" for "1 year" and struck out "guidance or" before "a regulation" and ", on an Internet Web site" before period at end.
2012—Subsec. (a)(2)(A). Pub. L. 112–90, §18(b), substituted "any or all of the owners or operators" for "owners and operators".
Subsec. (i). Pub. L. 112–90, §15, designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).
Subsec. (j)(3). Pub. L. 112–90, §4(1), struck out par. (3). Text read as follows:
"(A) Not later than June 1, 1998, the Secretary shall survey and assess the effectiveness of remotely controlled valves to shut off the flow of natural gas in the event of a rupture of an interstate natural gas pipeline facility and shall make a determination about whether the use of remotely controlled valves is technically and economically feasible and would reduce risks associated with a rupture of an interstate natural gas pipeline facility.
"(B) Not later than one year after the survey and assessment are completed, if the Secretary has determined that the use of remotely controlled valves is technically and economically feasible and would reduce risks associated with a rupture of an interstate natural gas pipeline facility, the Secretary shall prescribe standards under which an operator of an interstate natural gas pipeline facility must use a remotely controlled valve. These standards shall include, but not be limited to, requirements for high-density population areas."
Subsec. (n). Pub. L. 112–90, §4(2), added subsec. (n).
Subsec. (o). Pub. L. 112–90, §12, added subsec. (o).
Subsec. (p). Pub. L. 112–90, §24, added subsec. (p).
2006—Subsec. (k). Pub. L. 109–468 amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: "The Secretary may not provide an exception to this chapter for a hazardous liquid pipeline facility only because the facility operates at low internal stress."
2002—Pub. L. 107–355, §20(a)(2)(A), substituted "Purpose and general authority" for "General authority" in section catchline.
Subsec. (a). Pub. L. 107–355, §20(a)(1), inserted subsec. heading, added par. (1), redesignated former par. (1) as (2), realigned margins, and substituted "
Subsec. (m). Pub. L. 107–355, §23, added subsec. (m).
1996—Subsec. (a)(1)(A). Pub. L. 104–304, §4(a)(1), struck out "transporters of gas and hazardous liquid and to" after "apply to".
Subsec. (a)(1)(C). Pub. L. 104–304, §4(a)(2), added subpar. (C) and struck out former subpar. (C) which read as follows: "shall include a requirement that all individuals responsible for the operation and maintenance of pipeline facilities be tested for qualifications and certified to operate and maintain those facilities."
Subsec. (a)(2). Pub. L. 104–304, §4(a)(3), added par. (2) and struck out former par. (2) which read as follows: "As the Secretary considers appropriate, the operator of a pipeline facility may make the certification under paragraph (1)(C) of this subsection. Testing and certification under paragraph (1)(C) shall address the ability to recognize and react appropriately to abnormal operating conditions that may indicate a dangerous situation or a condition exceeding design limits."
Subsec. (b). Pub. L. 104–304, §4(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "A standard prescribed under subsection (a) of this section shall be practicable and designed to meet the need for gas pipeline safety, for safely transporting hazardous liquid, and for protecting the environment. Except as provided in section 60103 of this title, when prescribing the standard the Secretary shall consider—
"(1) relevant available—
"(A) gas pipeline safety information; or
"(B) hazardous liquid pipeline information;
"(2) the appropriateness of the standard for the particular type of pipeline transportation or facility;
"(3) the reasonableness of the standard; and
"(4) the extent to which the standard will contribute to public safety and the protection of the environment."
Subsec. (c)(4). Pub. L. 104–304, §4(g), added par. (4).
Subsec. (d). Pub. L. 104–304, §4(c), inserted "as required by the standards prescribed under this chapter" after "operating the facility", substituted "to make the information available" for "to provide the information", and inserted "as determined by the Secretary" after "to the Secretary and an appropriate State official".
Subsec. (e). Pub. L. 104–304, §4(d)(2), substituted "transportation" for "transmission" in introductory provisions.
Pub. L. 104–304, §4(d)(1), in introductory provisions, directed striking out "and, to the extent the Secretary considers necessary, an operator of a gathering line that is not a regulated gather line (as defined under section 60101(b)(2) of this title)," after "subject to this chapter", which was executed by striking out text which read in part "regulated gathering line" instead of "regulated gather line", to reflect the probable intent of Congress.
Subsec. (f)(1). Pub. L. 104–304, §4(e)(1), added heading and text of par. (1) and struck out former par. (1) which read as follows: "The Secretary shall prescribe minimum safety standards requiring that the design and construction of a new gas pipeline transmission facility or hazardous liquid pipeline facility, and the required replacement of an existing gas pipeline transmission facility, hazardous liquid pipeline facility, or equipment, be carried out, to the extent practicable, in a way that accommodates the passage through the facility of an instrumented internal inspection device (commonly referred to as a 'smart pig'). The Secretary may apply the standard to an existing gas or hazardous liquid transmission facility and require the facility to be changed to allow the facility to be inspected with an instrumented internal inspection device if the basic construction of the facility will accommodate the device."
Subsec. (f)(2). Pub. L. 104–304, §§4(e)(2), 20(g), inserted heading, realigned margins, inserted ", if necessary, additional" after "the Secretary shall prescribe", and substituted "standards" for "regulations" in two places.
Subsecs. (i), (j)(2). Pub. L. 104–304, §20(g), substituted "standards" for "regulations".
Subsec. (j)(3). Pub. L. 104–304, §4(h), added par. (3).
Subsec. (l). Pub. L. 104–304, §4(f), added subsec. (l).
Pub. L. 114–183, §18, June 22, 2016, 130 Stat. 527, provided that: "Each owner or operator of a hazardous liquid pipeline facility required to prepare a response plan pursuant to part 194 of title 49, Code of Federal Regulations, shall—
"(1) consider the impact of a discharge into or on navigable waters or adjoining shorelines, including those that may be covered in whole or in part by ice; and
"(2) include procedures and resources for responding to such discharge in the plan."
Pub. L. 114–113, div. L, title I, Dec. 18, 2015, 129 Stat. 2861, provided in part: "That no later than 90 days after the date of enactment of this Act [Dec. 18, 2015], the Secretary of Transportation shall initiate a rulemaking to expand the applicability of comprehensive oil spill response plans, and shall issue a final rule no later than one year after the date of enactment of this Act."
Pub. L. 109–468, §19, Dec. 29, 2006, 120 Stat. 3498, as amended by Pub. L. 110–244, title III, §302(j), June 6, 2008, 122 Stat. 1618, provided that: "Not later than June 1, 2008, the Secretary of Transportation shall issue standards that implement the following recommendations contained in the National Transportation Safety Board's report entitled 'Supervisory Control and Data Acquisition (SCADA) in Liquid Pipelines' and adopted November 29, 2005:
"(1) Implementation of the American Petroleum Institute's Recommended Practice 1165 for the use of graphics on the supervisory control and data acquisition screens.
"(2) Implementation of a standard for pipeline companies to review and audit alarms on monitoring equipment.
"(3) Implementation of standards for pipeline controller training that include simulator or noncomputerized simulations for controller recognition of abnormal pipeline operating conditions, in particular, leak events."
Pub. L. 107–355, §24, Dec. 17, 2002, 116 Stat. 3011, provided that: "Within 90 days after receiving recommendations for improvements to pipeline safety from an advisory committee appointed by the Governor of any State, the Secretary of Transportation shall respond in writing to the committee setting forth what action, if any, the Secretary will take on those recommendations and the Secretary's reasons for acting or not acting upon any of the recommendations."
1 So in original. Probably should not be capitalized.
2 See References in Text note below.
(a)
(1) kind and use of the facility;
(2) existing and projected population and demographic characteristics of the location;
(3) existing and proposed land use near the location;
(4) natural physical aspects of the location;
(5) medical, law enforcement, and fire prevention capabilities near the location that can cope with a risk caused by the facility;
(6) need to encourage remote siting; and
(7) national security.
(b)
(1) the characteristics of material to be used in constructing the facility and of alternative material;
(2) design factors;
(3) the characteristics of the liquefied natural gas to be stored or converted at, or transported by, the facility; and
(4) the public safety factors of the design and of alternative designs, particularly the ability to prevent and contain a liquefied natural gas spill.
(c)
(A) under this chapter; or
(B) under another law, and the standard is not prescribed at the time the authority is applied.
(2)(A) Any design, installation, construction, initial inspection, or initial testing standard prescribed under this chapter after March 1, 1978, may provide that the standard applies to any part of a replacement component of a liquefied natural gas pipeline facility if the component or part is placed in service after the standard is prescribed and application of the standard—
(i) does not make the component or part incompatible with other components or parts; or
(ii) is not impracticable otherwise.
(B) Any location standard prescribed under this chapter after March 1, 1978, does not apply to any part of a replacement component of an existing liquefied natural gas pipeline facility.
(3) A design, installation, construction, initial inspection, or initial testing standard does not apply to a liquefied natural gas pipeline facility existing when the standard is adopted.
(d)
(1) the conditions, features, and type of equipment and structures that make up or are used in connection with the facility;
(2) the fire prevention and containment equipment at the facility;
(3) security measures to prevent an intentional act that could cause a liquefied natural gas accident;
(4) maintenance procedures and equipment;
(5) the training of personnel in matters specified by this subsection; and
(6) other factors and conditions related to the safe handling of liquefied natural gas.
(e)
(f)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1307; Pub. L. 114–183, §27(a), June 22, 2016, 130 Stat. 531.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60103(a) | 49 App.:1674a(a) (1)(A), (d)(1), (e). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §6; added Nov. 30, 1979, Pub. L. 96–129, §152(a), 93 Stat. 999. |
60103(b) | 49 App.:1674a(a) (1)(B), (2), (d)(2), (e). | |
60103(c)(1), (2) | 49 App.:1674a(c)(1). | |
60103(c)(3) | 49 App.:1674a(c)(3). | |
60103(d) | 49 App.:1674a(b), (d)(3), (e). | |
60103(e) | 49 App.:1674a(f). | |
60103(f) | 49 App.:1674a(a)(3). | |
60103(g) | 49 App.:1674a(c)(2). |
In subsections (a), (b), and (d), the words "general safety" are omitted as surplus. The text of 49 App.:1674a(e) is omitted for consistency in the revised title and with other titles of the United States Code.
In subsections (a) and (b), before each clause (1), the words "Not later than 180 days after November 30, 1979" are omitted as executed. The word "prescribe" is substituted for "establish by regulation" for consistency in the revised title and with other titles of the Code.
In subsection (a), before clause (1), the words "with respect to standards relating to the location of any new LNG facility" are omitted because of the restatement. In clause (2), the word "involved" is omitted as surplus. In clause (4), the words "meteorological, geological, topographical, seismic, and other" are omitted as surplus. In clause (5), the word "existing" is omitted as surplus.
In subsection (b), before clause (1), the text of 49 App.:1674a(a)(2) (1st sentence) is omitted as executed. The text of 49 App.:1674a(a)(2) (last sentence) is omitted as surplus. The words "with respect to standards applicable to the design, installation, construction, initial inspection, and initial testing of any new LNG facility" are omitted because of the restatement. In clause (1), the words "thermal resistance and other" are omitted as surplus. In clause (2), the words "(such as multiple diking, insulated concrete, and vapor containment barriers)" are omitted as surplus. In clause (3), the words "(for example, whether it is to be in a liquid or semisolid state)" are omitted as surplus. In clause (4), the words "under such a design" are omitted as surplus.
In subsection (c)(1) and (2), the word "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the Code.
In subsection (c)(1), before clause (A), the words "if the standard is to be applied" are added for clarity. The word "either" is omitted as surplus. In clause (B), the word "Federal" is omitted as surplus. The words "the authority is applied" are substituted for "such authority was exercised" for clarity.
In subsection (c)(2)(A), before clause (i), the words "design, installation, construction, initial inspection, or initial testing standard prescribed under this chapter after March 1, 1978" are substituted for "Any such standard (other than one affecting location)" for clarity. In clause (i), the words "of the facility involved" are omitted as surplus. In clause (ii), the word "otherwise" is omitted as surplus.
In subsection (d), before clause (1), the words "Not later than 270 days after November 30, 1979" are omitted as executed. The words "with respect to standards for the operation and maintance [sic] of any LNG facility" are omitted because of the restatement. In clause (3), the words "to be used with respect to the operation of such facility" and "sabotage or other" are omitted as surplus.
In subsection (e), the text of 49 App.:1674a(f) (related to 49 App.:1672(a)(1) (8th, last sentences), (c), and (d)) is omitted as surplus because those provisions apply to all standards prescribed under the Natural Gas Pipeline Safety Act of 1968 (Public Law 90–481, 82 Stat. 720).
In subsection (f), the words "Secretary of Energy" are substituted for "Department of Energy" because of 42:7131. The words "or local" are added for clarity. The words "in the case of any facility not subject to the jurisdiction of the Department under the Natural Gas Act" are omitted as surplus.
2016—Subsec. (a)(7). Pub. L. 114–183 added par. (7).
Pub. L. 114–183, §27(c), June 22, 2016, 130 Stat. 532, provided that: "Nothing in this section [amending this section and enacting provisions set out as a note below] shall be construed to limit the Secretary's authority under chapter 601 of title 49, United States Code, to regulate liquefied natural gas pipeline facilities."
Pub. L. 114–183, §27(b), June 22, 2016, 130 Stat. 532, provided that: "The Secretary of Transportation shall review and update the minimum safety standards prescribed pursuant to section 60103 of title 49, United States Code, for permanent, small scale liquefied natural gas pipeline facilities."
(a)
(b)
(c)
(d)
(2) In a proceeding under section 3 or 7 of the Natural Gas Act (15 U.S.C. 717b or 717f), each applicant for authority to import natural gas or to establish, construct, operate, or extend a gas pipeline facility subject to an applicable safety standard shall certify that it will design, install, inspect, test, construct, operate, replace, and maintain a gas pipeline facility under those standards and plans for inspection and maintenance under section 60108 of this title. The certification is binding on the Secretary of Energy and the Commission except when an appropriate enforcement agency has given timely written notice to the Commission that the applicant has violated a standard prescribed under this chapter.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1308; Pub. L. 107–355, §3(a), Dec. 17, 2002, 116 Stat. 2986.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60104(a) | 49 App.:1672(c). | Aug. 12, 1968, Pub. L. 90–481, §3(c), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96–129, §§104(a)(2), (c), 109(c), 93 Stat. 992, 994, 996. |
49 App.:2002(g). | Nov. 30, 1979, Pub. L. 96–129, §§202(4) (28th–last words), 203(c) (last sentence), (g), 93 Stat. 1003, 1004, 1005. | |
60104(b) | 49 App.:1672(a)(1) (6th sentence). | Aug. 12, 1968, Pub. L. 90–481, §3(a)(1) (6th, 9th, last sentences), 82 Stat. 721; Oct. 11, 1976, Pub. L. 94–477, §4(2), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§101(a), 109(c), (e), 93 Stat. 990, 996; Oct. 24, 1992, Pub. L. 102–508, §116, 106 Stat. 3298. |
49 App.:2002(c) (last sentence). | ||
60104(c) | 49 App.:1672(a)(1) (9th, last sentences). | |
49 App.:2002(d). | Nov. 30, 1979, Pub. L. 96–129, §203(d), 93 Stat. 1004; Oct. 24, 1992, Pub. L. 102–508, §215, 106 Stat. 3305. | |
60104(d) | 49 App.:1676(a). | Aug. 12, 1968, Pub. L. 90–481, §9(a), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §§109(i), 152(a), (b)(3), 93 Stat. 997, 999, 1001; Oct. 30, 1988, Pub. L. 100–561, §105(1), 102 Stat. 2807. |
60104(e) | 49 App.:1671(4) (33d–last words). | Aug. 12, 1968, Pub. L. 90–481, §2(4) (33d–last words), 82 Stat. 720. |
49 App.:2001(4) (28th–last words). |
Subsection (a) is substituted for 49 App.:1672(c) (last sentence) and 2002(g) (last sentence) to eliminate unnecessary words. The text of 49 App.:1672(c) (1st sentence) and 2002(g) (1st sentence) is omitted as unnecessary because 5:ch. 5, subch. II applies unless otherwise stated.
In subsection (c), the words "prescribed under this chapter" are added for clarity. The words "after the Federal minimum standards become effective" in 49 App.:1672(a) (last sentence) are omitted as obsolete.
In subsection (d)(1), the words "waiving compliance" are substituted for "action upon application for waiver" and "acting on the waiver application" to eliminate unnecessary words. The words "the provisions of" are omitted as surplus. The word "authority" is substituted for "commission" for consistency in the revised title and with other titles of the Code.
In subsection (d)(2), the words "and conclusive" are omitted as being included in "binding". The words "Secretary of Energy" are substituted for "Department of Energy" because of 42:7231.
2002—Subsec. (c). Pub. L. 107–355 inserted at end "Notwithstanding the preceding sentence, a State authority may enforce a requirement of a one-call notification program of the State if the program meets the requirements for one-call notification programs under this chapter or chapter 61."
(a)
(b)
(1) has regulatory jurisdiction over the standards and practices to which the certification applies;
(2) has adopted, by the date of certification, each applicable standard prescribed under this chapter or, if a standard under this chapter was prescribed not later than 120 days before certification, is taking steps to adopt that standard;
(3) is enforcing each adopted standard through ways that include inspections conducted by State employees meeting the qualifications the Secretary prescribes under section 60107(d)(1)(C) of this title;
(4) is encouraging and promoting the establishment of a program designed to prevent damage by demolition, excavation, tunneling, or construction activity to the pipeline facilities to which the certification applies that subjects persons who violate the applicable requirements of that program to civil penalties and other enforcement actions that are substantially the same as are provided under this chapter, and addresses the elements in section 60134(b);
(5) may require record maintenance, reporting, and inspection substantially the same as provided under section 60117 of this title;
(6) may require that plans for inspection and maintenance under section 60108 (a) and (b) of this title be filed for approval; and
(7) may enforce safety standards of the authority under a law of the State by injunctive relief and civil penalties substantially the same as provided under sections 60120 and 60122(a)(1) and (b)–(f) of this title.
(c)
(A) the name and address of each person to whom the certification applies that is subject to the safety jurisdiction of the State authority;
(B) each accident or incident reported during the prior 12 months by that person involving a fatality, personal injury requiring hospitalization, or property damage or loss of more than an amount the Secretary establishes (even if the person sustaining the fatality, personal injury, or property damage or loss is not subject to the safety jurisdiction of the authority), any other accident the authority considers significant, and a summary of the investigation by the authority of the cause and circumstances surrounding the accident or incident;
(C) the record maintenance, reporting, and inspection practices conducted by the authority to enforce compliance with safety standards prescribed under this chapter to which the certification applies, including the number of inspections of pipeline facilities the authority made during the prior 12 months; and
(D) any other information the Secretary requires.
(2) The report included in the first certification submitted under subsection (a) of this section is only required to state information available at the time of certification.
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1309; Pub. L. 104–304, §20(a), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 109–468, §2(b)(1), Dec. 29, 2006, 120 Stat. 3487.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60105(a) | 49 App.:1674(a) (1st sentence words before "that such State agency"). | Aug. 12, 1968, Pub. L. 90–481, §5(a), 82 Stat. 722; Aug. 22, 1972, Pub. L. 92–401, §1, 86 Stat. 616; Oct. 11, 1976, Pub. L. 94–477, §5(a), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§101(b), 103(a), (b)(3), 109(g), (h)(1), 93 Stat. 990, 991, 996; Jan. 14, 1983, Pub. L. 97–468, §104, 96 Stat. 2543; Oct. 31, 1988, Pub. L. 100–561, §§103, 303(b)(1), 102 Stat. 2807, 2816; Oct. 24, 1992, Pub. L. 102–508, §§110(a), 111, 106 Stat. 3295. |
49 App.:2004(a) (1st sentence words before "that such State agency"). | Nov. 30, 1979, Pub. L. 96–129, §205(a), 93 Stat. 1006; Oct. 31, 1988, Pub. L. 100–561, §203, 102 Stat. 2810; Oct. 24, 1992, Pub. L. 102–508, §§209(a), 210, 106 Stat. 3304. | |
60105(b) | 49 App.:1674(a) (1st sentence words after "an annual certification"). | |
49 App.:2004(a) (1st sentence words after "an annual certification"). | ||
60105(c) | 49 App.:1674(a) (2d, 3d sentences). | |
49 App.:2004(a) (2d, last sentences). | ||
60105(d) | 49 App.:1674(e). | Aug. 12, 1968, Pub. L. 90–481, §5(e), 82 Stat. 724; Oct. 11, 1976, Pub. L. 94–477, §5(c), 90 Stat. 2074; Nov. 30, 1979, Pub. L. 96–129, §103(b)(2)(B), 93 Stat. 991. |
49 App.:2004(e). | Nov. 30, 1979, Pub. L. 96–129, §205(c) (related to certification), (e), (f), 93 Stat. 1007, 1008. | |
60105(e) | 49 App.:1674(c) (related to certification). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §5(c) (related to certification); added Nov. 30, 1979, Pub. L. 96–129, §103(b)(2)(C), 93 Stat. 991. |
49 App.:2004(c) (related to certification). | ||
60105(f) | 49 App.:1674(a) (4th, last sentences). | |
49 App.:2004(f). |
In subsection (a), the words "applicable to same" are omitted as surplus. The words "for the facilities and transportation that complies with subsections (b) and (c) of this section" are added for clarity.
In subsections (b) and (c), the words "to which the certification applies" and "to whom the certification applies" are added because of the restatement.
In subsection (b)(2), the words "Federal safety" and "pursuant to State law" are omitted as surplus.
In subsection (b)(7), the words "injunctive relief and civil penalties" are substituted for "injunctive and monetary sanctions" for clarity and consistency.
In subsection (c)(1), before clause (A), the word "annual" is omitted as surplus. The words "in such form as the Secretary may by regulation provide" are omitted as surplus because of 49:322(a). In clause (B), the words "or loss" are added for consistency in the revised title and with other titles of the United States Code. In clause (C), the words "a detail of" are omitted as surplus.
In subsection (d), the words "with respect" and "new or amended Federal" are omitted as surplus.
In subsection (e), the words "conduct whatever . . . may be necessary" and "fully" are omitted as surplus. The words "with the Secretary" are substituted for "in any monitoring of their programs" for clarity.
In subsection (f), the words "prescribed under this chapter" are added for clarity. The word "reasonable" is omitted as surplus.
2006—Subsec. (b)(4). Pub. L. 109–468 amended par. (4) generally. Prior to amendment, par. (4) read as follows: "is encouraging and promoting programs designed to prevent damage by demolition, excavation, tunneling, or construction activity to the pipeline facilities to which the certification applies;".
1996—Pub. L. 104–304 substituted "State pipeline safety program certifications" for "State certifications" in section catchline.
(a)
(1) establish an adequate program for record maintenance, reporting, and inspection designed to assist compliance with applicable safety standards prescribed under this chapter; and
(2) prescribe procedures for approval of plans of inspection and maintenance substantially the same as required under section 60108 (a) and (b) of this title.
(b)
(1)
(2)
(A) the agreement allowing participation of the State authority is consistent with the Secretary's program for inspection and consistent with the safety policies and provisions provided under this chapter;
(B) the interstate participation agreement would not adversely affect the oversight responsibilities of intrastate pipeline transportation by the State authority;
(C) the State is carrying out a program demonstrated to promote preparedness and risk prevention activities that enable communities to live safely with pipelines;
(D) the State meets the minimum standards for State one-call notification set forth in chapter 61; and
(E) the actions planned under the agreement would not impede interstate commerce or jeopardize public safety.
(3)
(A) the State authority fails to comply with the terms of the agreement;
(B) implementation of the agreement has resulted in a gap in the oversight responsibilities of intrastate pipeline transportation by the State authority; or
(C) continued participation by the State authority in the oversight of interstate pipeline transportation has had an adverse impact on pipeline safety.
(4)
(c)
(1)
(2)
(A) issue an order under section 60118(b) or take other appropriate enforcement actions to ensure compliance with this chapter; or
(B) provide the State authority with a written explanation as to why the Secretary has determined not to take such actions.
(d)
(e)
(1)
(2)
(A) implementation of such agreement has resulted in a gap in the oversight responsibilities of intrastate pipeline transportation by the State authority;
(B) the State actions under the agreement have failed to meet the requirements under subsection (b); or
(C) continued participation by the State authority in the oversight of interstate pipeline transportation would not promote pipeline safety.
(3)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1310; Pub. L. 104–304, §20(b), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 107–355, §4, Dec. 17, 2002, 116 Stat. 2986; Pub. L. 114–183, §§13, 24(b), June 22, 2016, 130 Stat. 524, 530.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60106(a) | 49 App.:1674(b) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, §5(b), 82 Stat. 723; Oct. 11, 1976, Pub. L. 94–477, §5(b), 90 Stat. 2074; Nov. 30, 1979, Pub. L. 96–129, §§103(b)(1), 109(h)(2), 93 Stat. 991, 996. |
49 App.:2004(b) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §205(b), (c) (related to agreement), (g), 93 Stat. 1007, 1008. | |
60106(b) | 49 App.:1674(b) (last sentence). | |
49 App.:2004(b) (last sentence). | ||
60106(c) | 49 App.:1674(c) (related to agreement). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §5(c) (related to agreement); added Nov. 30, 1979, Pub. L. 96–129, §103(b)(2)(C), 93 Stat. 991. |
49 App.:2004(c) (related to agreement). | ||
60106(d) | 49 App.:1674(f). | Aug. 12, 1968, Pub. L. 90–481, §5(f), 82 Stat. 724; Nov. 30, 1979, Pub. L. 96–129, §103(b) (2)(B), 93 Stat. 991. |
49 App.:2004(g). |
In subsection (a), before clause (1), the word "annual" is omitted as surplus. The words "to take necessary action" are substituted for "to assume responsibility for, and carry out" for clarity. The words "on behalf of the Secretary" are omitted as surplus. In clause (1), the words "applicable . . . prescribed under this chapter" are added for clarity. The word "Federal" is omitted as surplus. In clause (2), the word "prescribe" is substituted for "establish" for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words "action taken in carrying out an agreement" are substituted for "its program" for clarity.
In subsection (c), the words "conduct whatever . . . may be necessary" and "fully" are omitted as surplus. The words "with the Secretary" are substituted for "in any monitoring of their programs" for clarity.
Enactment of the Pipeline Safety Improvement Act of 2002, referred to in subsec. (b)(3), is the enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
2016—Subsec. (b)(4). Pub. L. 114–183, §24(b), added par. (4).
Subsec. (f). Pub. L. 114–183, §13, added subsec. (f).
2002—Subsec. (a). Pub. L. 107–355, §4(a)(1), substituted "
Subsec. (b). Pub. L. 107–355, §4(a)(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107–355, §4(a)(2), (c), redesignated subsec. (b) as (c), designated existing provisions as par. (1), inserted par. heading, realigned margins, and added par. (2). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 107–355, §4(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 107–355, §4(a)(2), (b), redesignated subsec. (d) as (e), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The Secretary may end an agreement made under this section when the Secretary finds that the State authority has not complied with any provision of the agreement. The Secretary shall give the authority notice and an opportunity for a hearing before ending an agreement. The finding and decision to end the agreement shall be published in the Federal Register and may not become effective for at least 15 days after the date of publication."
1996—Pub. L. 104–304 substituted "State pipeline safety agreements" for "State agreements" in section catchline.
(a)
(1) to carry out a safety program under a certification under section 60105 of this title or an agreement under section 60106 of this title; or
(2) to act as an agent of the Secretary on interstate gas pipeline facilities or interstate hazardous liquid pipeline facilities.
(b)
(c)
(d)
(A) the form of, and way of filing, an application under this section;
(B) reporting and fiscal procedures the Secretary considers necessary to ensure the proper accounting of money of the Government; and
(C) qualifications for a State to meet to receive a payment under this section, including qualifications for State employees who perform inspection activities under section 60105 or 60106 of this title.
(2) The qualifications prescribed under paragraph (1)(C) of this subsection may—
(A) consider the experience and training of the employee;
(B) order training or other requirements; and
(C) provide for approval of qualifications on a conditional basis until specified requirements are met.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1311; Pub. L. 104–304, §20(c), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 109–468, §2(c), (d), Dec. 29, 2006, 120 Stat. 3489; Pub. L. 112–90, §19, Jan. 3, 2012, 125 Stat. 1916; Pub. L. 114–183, §17, June 22, 2016, 130 Stat. 526.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60107(a) | 49 App.:1674(d)(1) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, §5(d)(1), (3), (4), 82 Stat. 724; Aug. 22, 1972, Pub. L. 92–401, §2, 86 Stat. 616; Aug. 30, 1974, Pub. L. 93–403, §2, 88 Stat. 802; Nov. 30, 1979, Pub. L. 96–129, §103(b)(2)(B), 93 Stat. 991. |
49 App.:2004(d)(1) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §205(d)(1), (3), (4), 93 Stat. 1008. | |
60107(b) | 49 App.:1674(d)(1) (2d, last sentences). | |
49 App.:2004(d)(1) (2d, last sentences). | ||
60107(c) | 49 App.:1674(d)(2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §5(d)(2); added Aug. 30, 1974, Pub. L. 93–403, §2, 88 Stat. 802; Nov. 30, 1979, Pub. L. 96–129, §§103(b)(2)(B), 109(h)(3), 93 Stat. 991, 996; Apr. 7, 1986, Pub. L. 99–272, §7002(b)(1), 100 Stat. 139. |
49 App.:1674(d)(3). | ||
49 App.:2004(d)(2). | Nov. 30, 1979, Pub. L. 96–129, §205(d)(2), 93 Stat. 1008; Apr. 7, 1986, Pub. L. 99–272, §7002(b)(2), 100 Stat. 139. | |
49 App.:2004(d)(3). | ||
60107(d) (1)(A), (B) | 49 App.:1674(d)(4). | |
49 App.:2004(d)(4). | ||
60107(d) (1)(C), (2) | 49 App.:1674(d)(5). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §5(d)(5); added Oct. 31, 1988, Pub. L. 100–561, §104, 102 Stat. 2807. |
49 App. 2004(d)(5). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §205(d)(5); added Oct. 31, 1988, Pub. L. 100–561, §204, 102 Stat. 2811. |
In subsection (a), before clause (1), the words "Except as otherwise provided in this section" and "out of funds appropriated or otherwise made available" are omitted as surplus.
In subsection (b), before clause (1), the word "payment" is substituted for "funds" for clarity. The words "the total State amount spent" are substituted for "the aggregate expenditures of funds for the State", and the words "at least equal the average amount spent" are substituted for "be maintained at a level which does not fall below the average level of such expenditures", to eliminate unnecessary words. In clause (1), the words "that ended June 30, 1967, and June 30, 1968" are substituted for "last two . . . preceding August 12, 1968" for clarity. In clause (2), the words "that ended September 30, 1978, and September 30, 1979" are substituted for "last two . . . preceding November 30, 1979" for clarity.
In subsection (c), the words "the Federal grants-in-aid provisions of", "for payments to aid in the conduct of pipeline safety programs in accordance with paragraph (1) of this subsection", and "with necessary adjustments on account of overpayments and underpayments" are omitted as surplus.
In subsection (d)(1), before clause (A), the word "prescribe" is substituted for "by regulation, provide for" and "establish by regulation" for consistency in the revised title and with other titles of the United States Code. In clause (C), the words "to receive a payment under this section" are substituted for "in order to participate in the pipeline safety grant program under this subsection", and the words "under section 60105 or 60106 of this title" are substituted for "pursuant to either an annual certification by a State agency or an agreement relating to inspection between a State agency and the Secretary", to eliminate unnecessary words.
In subsection (d)(2), before clause (A), the words "qualifications prescribed" are substituted for "regulations" for clarity and consistency.
2016—Subsec. (b). Pub. L. 114–183, §17(1), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "After notifying and consulting with a State authority, the Secretary may withhold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only when the authority ensures the Secretary that it will provide the remaining costs of a safety program and that the total State amount spent for a safety program (excluding grants of the United States Government) will at least equal the average amount spent for gas and hazardous liquid safety programs for the 3 fiscal years prior to the fiscal year in which the Secretary makes the payment, except when the Secretary waives this requirement. For each of fiscal years 2012 and 2013, the Secretary shall grant such a waiver to a State if the State can demonstrate an inability to maintain or increase the required funding share of its safety program at or above the level required by this subsection due to economic hardship in that State. For fiscal year 2014, and each fiscal year thereafter, the Secretary may grant such a waiver to a State if the State can make the demonstration described in the preceding sentence."
Subsec. (e). Pub. L. 114–183, §17(2), added subsec. (e).
2012—Subsec. (b). Pub. L. 112–90 inserted at end "For each of fiscal years 2012 and 2013, the Secretary shall grant such a waiver to a State if the State can demonstrate an inability to maintain or increase the required funding share of its safety program at or above the level required by this subsection due to economic hardship in that State. For fiscal year 2014, and each fiscal year thereafter, the Secretary may grant such a waiver to a State if the State can make the demonstration described in the preceding sentence."
2006—Subsec. (a). Pub. L. 109–468, §2(c), substituted "not more than 80 percent" for "not more than 50 percent" in introductory provisions.
Subsec. (b). Pub. L. 109–468, §2(d), substituted "spent for gas and hazardous liquid safety programs for the 3 fiscal years prior to the fiscal year in which the Secretary makes the payment, except when the Secretary waives this requirement." for "spent—
"(1) for a gas safety program, for the fiscal years that ended June 30, 1967, and June 30, 1968; and
"(2) for a hazardous liquid safety program, for the fiscal years that ended September 30, 1978, and September 30, 1979."
1996—Pub. L. 104–304 substituted "State pipeline safety grants" for "State grants" in section catchline.
(a)
(2) If the Secretary or a State authority responsible for enforcing standards prescribed under this chapter decides that a plan required under paragraph (1) of this subsection is inadequate for safe operation, the Secretary or authority shall require the person to revise the plan. Revision may be required only after giving notice and an opportunity for a hearing. A plan required under paragraph (1) must be practicable and designed to meet the need for pipeline safety and must include terms designed to enhance the ability to discover safety-related conditions described in section 60102(h)(1) of this title. In deciding on the adequacy of a plan, the Secretary or authority shall consider—
(A) relevant available pipeline safety information;
(B) the appropriateness of the plan for the particular kind of pipeline transportation or facility;
(C) the reasonableness of the plan; and
(D) the extent to which the plan will contribute to public safety and the protection of the environment.
(3) A plan required under this subsection shall be made available to the Secretary or State authority on request under section 60117 of this title.
(b)
(A) the location of the pipeline facility.
(B) the type, size, age, manufacturer, method of construction, and condition of the pipeline facility.
(C) the nature and volume of material transported through the pipeline facility.
(D) the pressure at which that material is transported.
(E) climatic, geologic, and seismic characteristics (including soil characteristics) and conditions of the area in which the pipeline facility is located.
(F) existing and projected population and demographic characteristics of the area in which the pipeline facility is located.
(G) for a hazardous liquid pipeline facility, the proximity of the area in which the facility is located to an area that is unusually sensitive to environmental damage.
(H) the frequency of leaks.
(I) other factors the Secretary decides are relevant to the safety of pipeline facilities.
(2) To the extent and in amounts provided in advance in an appropriation law, the Secretary shall decide on the frequency of inspection under paragraph (1) of this subsection. The Secretary may reduce the frequency of an inspection of a master meter system.
(3) Testing under this subsection shall use the most appropriate technology practicable.
(c)
(A) "abandoned" means permanently removed from service.
(B) "pipeline facility" includes an underwater abandoned pipeline facility.
(C) if a pipeline facility has no operator, the most recent operator of the facility is deemed to be the operator of the facility.
(2)(A) Not later than May 16, 1993, on the basis of experience with the inspections under section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as appropriate, and any other information available to the Secretary, the Secretary shall establish a mandatory, systematic, and, where appropriate, periodic inspection program of—
(i) all offshore pipeline facilities; and
(ii) any other pipeline facility crossing under, over, or through waters where a substantial likelihood of commercial navigation exists, if the Secretary decides that the location of the facility in those waters could pose a hazard to navigation or public safety.
(B) In prescribing standards to carry out subparagraph (A) of this paragraph—
(i) the Secretary shall identify what is a hazard to navigation with respect to an underwater abandoned pipeline facility; and
(ii) for an underwater pipeline facility abandoned after October 24, 1992, the Secretary shall include requirements that will lessen the potential that the facility will pose a hazard to navigation and shall consider the relationship between water depth and navigational safety and factors relevant to the local marine environment.
(3)(A) The Secretary shall establish by regulation a program requiring an operator of a pipeline facility described in paragraph (2) of this subsection to report a potential or existing navigational hazard involving that pipeline facility to the Secretary through the appropriate Coast Guard office.
(B) The operator of a pipeline facility described in paragraph (2) of this subsection that discovers any part of the pipeline facility that is a hazard to navigation shall mark the location of the hazardous part with a Coast-Guard-approved marine buoy or marker and immediately shall notify the Secretary as provided by the Secretary under subparagraph (A) of this paragraph. A marine buoy or marker used under this subparagraph is deemed a pipeline sign or right-of-way marker under section 60123(c) of this title.
(4)(A) The Secretary shall establish a standard that each pipeline facility described in paragraph (2) of this subsection that is a hazard to navigation is buried not later than 6 months after the date the condition of the facility is reported to the Secretary. The Secretary may extend that 6-month period for a reasonable period to ensure compliance with this paragraph.
(B) In prescribing standards for subparagraph (A) of this paragraph for an underwater pipeline facility abandoned after October 24, 1992, the Secretary shall include requirements that will lessen the potential that the facility will pose a hazard to navigation and shall consider the relationship between water depth and navigational safety and factors relevant to the local marine environment.
(5)(A) Not later than October 24, 1994, the Secretary shall establish standards on what is an exposed offshore pipeline facility and what is a hazard to navigation under this subsection.
(B) Not later than 6 months after the Secretary establishes standards under subparagraph (A) of this paragraph, or October 24, 1995, whichever occurs first, the operator of each offshore pipeline facility not described in section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as appropriate, shall inspect the facility and report to the Secretary on any part of the facility that is exposed or is a hazard to navigation. This subparagraph applies only to a facility that is between the high water mark and the point at which the subsurface is under 15 feet of water, as measured from mean low water. An inspection that occurred after October 3, 1989, may be used for compliance with this subparagraph if the inspection conforms to the requirements of this subparagraph.
(C) The Secretary may extend the time period specified in subparagraph (B) of this paragraph for not more than 6 months if the operator of a facility satisfies the Secretary that the operator has made a good faith effort, with reasonable diligence, but has been unable to comply by the end of that period.
(6)(A) The operator of a pipeline facility abandoned after October 24, 1992, shall report the abandonment to the Secretary in a way that specifies whether the facility has been abandoned properly according to applicable United States Government and State requirements.
(B) Not later than October 24, 1995, the operator of a pipeline facility abandoned before October 24, 1992, shall report to the Secretary reasonably available information related to the facility, including information that a third party possesses. The information shall include the location, size, date, and method of abandonment, whether the facility has been abandoned properly under applicable law, and other relevant information the Secretary may require. Not later than April 24, 1994, the Secretary shall specify how the information shall be reported. The Secretary shall ensure that the Government maintains the information in a way accessible to appropriate Government agencies and State authorities.
(C) The Secretary shall request that a State authority having information on a collision between a vessel and an underwater pipeline facility report the information to the Secretary in a timely way and make a reasonable effort to specify the location, date, and severity of the collision. Chapter 35 of title 44 does not apply to this subparagraph.
(7) The Secretary may not exempt from this chapter an offshore hazardous liquid pipeline facility only because the pipeline facility transfers hazardous liquid in an underwater pipeline between a vessel and an onshore facility.
(8) If, after reviewing existing Federal and State regulations for hazardous liquid gathering lines located offshore in the United States, including within the inlets of the Gulf of Mexico, the Secretary determines it is appropriate, the Secretary shall issue regulations, after notice and an opportunity for a hearing, subjecting offshore hazardous liquid gathering lines and hazardous liquid gathering lines located within the inlets of the Gulf of Mexico to the same standards and regulations as other hazardous liquid gathering lines. The regulations issued under this paragraph shall not apply to production pipelines or flow lines.
(d)
(A) the extent to which each operator has adopted a plan for the safe management and replacement of cast iron;
(B) the elements of the plan, including the anticipated rate of replacement; and
(C) the progress that has been made.
(2) Chapter 35 of title 44 does not apply to the conduct of the survey.
(3) This subsection does not prevent the Secretary from developing Government guidelines or standards for cast iron gas pipelines as the Secretary considers appropriate.
(4) Not later than December 31, 2012, and every 2 years thereafter, the Secretary shall conduct a follow-up survey to measure the progress that owners and operators of pipeline facilities have made in adopting and implementing their plans for the safe management and replacement of cast iron gas pipelines.
(e)
(1) within 30 days, conduct a post-inspection briefing with the owner or operator of the gas or hazardous liquid pipeline facility inspected outlining any concerns; and
(2) within 90 days, to the extent practicable, provide the owner or operator with written preliminary findings of the inspection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1312; Pub. L. 104–304, §§6, 20(h), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub. L. 112–90, §§7(a), 18(a), 21(c), Jan. 3, 2012, 125 Stat. 1910, 1916, 1917; Pub. L. 114–183, §7(a), June 22, 2016, 130 Stat. 518.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60108(a)(1) | 49 App.:1680(a) (1st, 2d sentences). | Aug. 12, 1968, Pub. L. 90–481, §13(a), 82 Stat. 726; Oct. 11, 1976, Pub. L. 94–477, §6, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, §§104(b), 105(a), 93 Stat. 992, 994; Oct. 22, 1986, Pub. L. 99–516, §3(a)(2), 100 Stat. 2966; Oct. 31, 1988, Pub. L. 100–561, §108(a)(1), 102 Stat. 2808; Oct. 24, 1992, Pub. L. 102–508, §102(c), 106 Stat. 3291. |
49 App.:2009(a) (1st, 2d sentences). | Nov. 30, 1979, Pub. L. 96–129, §210(a), 93 Stat. 1011; Oct. 22, 1986, Pub. L. 99–516, §3(b)(2), 100 Stat. 2966; Oct. 31, 1988, Pub. L. 100–561, §207(c), 102 Stat. 2812. | |
60108(a)(2) | 49 App.:1680(a) (3d–5th, last sentences). | |
49 App.:2009(a) (3d sentence 1st–18th words, last sentence). | ||
49 App.:2009(b). | Nov. 30, 1979, Pub. L. 96–129, §210(b), 93 Stat. 1012; Oct. 24, 1992, Pub. L. 102–508, §202(c)(1), 106 Stat. 3301. | |
60108(a)(3) | 49 App.:1680(a) (6th sentence). | |
49 App.:2009(a) (3d sentence 19th–last words). | ||
60108(b)(1) | 49 App.:1680(b)(1) (1st sentence), (2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §13(b); added Oct. 31, 1988, Pub. L. 100–561, §108(a)(2), 102 Stat. 2808. |
49 App.:2009(d)(1) (1st sentence), (2). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §210(d); added Oct. 31, 1988, Pub. L. 100–561, §207(a), 102 Stat. 2811; Oct. 24, 1992, Pub. L. 102–508, §202(c)(2) (related to §210(d)(2)(D)), 106 Stat. 3301. | |
60108(b)(2) | 49 App.:1680(b)(1) (2d, 3d sentences). | |
49 App.:2009(d)(1) (2d, 3d sentences). | ||
60108(b)(3) | 49 App.:1680(b)(1) (last sentence). | |
49 App.:2009(d)(1) (last sentence). | ||
60108(c)(1) | 49 App.:1672(h)(6)(A), (D). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(h)(6); added Oct. 24, 1992, Pub. L. 102–508, §117, 106 Stat. 3298. |
49 App.:2002(l)(7)(A), (D). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(l)(7); added Oct. 24, 1992, Pub. L. 102–508, §216, 106 Stat. 3306. | |
60108(c) (2)(A) | 49 App.:1672(h)(3). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(h)(1)–(4); added Nov. 16, 1990, Pub. L. 101–599, §1(a), 104 Stat. 3038; Oct. 24, 1992, Pub. L. 102–508, §108(1)–(4), 106 Stat. 3293. |
49 App.:2002(l)(3). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(l)(1)–(4); added Nov. 16, 1990, Pub. L. 101–599, §1(b), 104 Stat. 3039; Oct. 24, 1992, Pub. L. 102–508, §207(1)–(4), 106 Stat. 3302. | |
60108(c) (2)(B) | 49 App.:1672(h)(6) (B)(i), (ii) (related to paragraph (3)). | |
49 App.:2002(l)(7) (B)(i), (ii) (related to paragraph (3)). | ||
60108(c)(3) | 49 App.:1672(h)(1), (2). | |
49 App.:2002(l)(1), (2). | ||
60108(c) (4)(A) | 49 App.:1672(h)(4). | |
49 App.:2002(l)(4). | ||
60108(c) (4)(B) | 49 App.:1672(h) (6)(B)(ii) (related to paragraph (4)). | |
49 App.:2002(l) (7)(B)(ii) (related to paragraph (4)). | ||
60108(c)(5) | 49 App.:1672(h)(5). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(h)(5); added Oct. 24, 1992, Pub. L. 102–508, §108(5), 106 Stat. 3294. |
49 App.:2002(l)(6). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(l)(5), (6); added Oct. 24, 1992, Pub. L. 102–508, §207(5), 106 Stat. 3302. | |
60108(c)(6) | 49 App.:1672(h)(6)(C). | |
49 App.:2002(l)(7)(C). | ||
60108(c)(7) | 49 App.:2002(l)(5). | |
60108(d) | 49 App.:1680(c). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §13(c); added Oct. 24, 1992, Pub. L. 102–508, §107, 106 Stat. 3293. |
In subsection (a)(1), the word "prepare" is omitted as surplus. The words "or offices" are omitted because of 1:1. The words "in accordance with regulations prescribed by the Secretary or appropriate State agency" in 49 App.:1680(a) (1st sentence), "in accordance with regulations prescribed by the Secretary or, where a certification or agreement pursuant to section 2004 of this Appendix is in effect, by the appropriate State agency" in 49 App.:2009(a) (1st sentence), and "by regulation" are omitted as surplus because of 49:322(a) and sections 60102–60105 of the revised title.
In subsection (a)(2), before clause (A), the words "the Secretary or" are added for clarity. The words "at any time" in 49 App.:1680(a) (3d sentence) are omitted as surplus.
In subsection (a)(3), the word "appropriate" is omitted as surplus.
In subsection (b)(1), before clause (A), the words "to ensure the safety of such pipeline facilities" and "factors" are omitted as surplus. In clause (G), the words "if any" are omitted as surplus.
In subsection (b)(2), the text of 49 App.:1680(b)(1) (3d sentence) and 2009(d)(1) (3d sentence) is omitted as obsolete.
In subsection (c)(1)(B), the words "except with respect to the initial inspection required under paragraph (1)" are omitted as obsolete.
In subsection (c)(1)(C), the word "current" is omitted as surplus.
In subsection (c)(2)(B), before clause (i), the words "to carry out" are substituted for "under" because the Secretary does not prescribe regulations under 49 App.:1672(h)(3) or 2002(l)(3).
In subsection (c)(3), the text of 49 App.:1672(h)(1) and 2002(l)(1) is omitted as executed.
In subsection (c)(4)(A), the text of 49 App.:1672(h)(4)(A) and 2002(l)(4)(A) is omitted as obsolete.
In subsection (c)(5)(A), the words "for the purposes of this paragraph" are omitted as surplus.
In subsection (c)(5)(C), the words "an additional period of" and "and care" are omitted as surplus.
In subsection (c)(6)(C), the words "relating to coordination of Federal information policies" are omitted as surplus.
In subsection (c)(7), the words "regulation under" are omitted as surplus. The word "because" is substituted for "on the basis of the fact that" to eliminate unnecessary words.
In subsection (d)(2), the words "(relating to coordination of Federal information policy)" are omitted as surplus.
Section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968, referred to in subsec. (c)(2)(A), (5)(B), is section 3(h)(1)(A) of Pub. L. 90–481, which was classified to section 1672(h)(1)(A) of former Title 49, Transportation, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379. For further details, see Historical and Revision Notes above.
Section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, referred to in subsec. (c)(2)(A), (5)(B), is section 203(l)(1)(A) of Pub. L. 96–129, which was classified to section 2002(l)(1)(A) of former Title 49, Transportation, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379. For further details, see Historical and Revision Notes above.
2016—Subsec. (e). Pub. L. 114–183 added subsec. (e).
2012—Subsec. (a)(1). Pub. L. 112–90, §18(a), substituted "a gas pipeline" for "an intrastate gas pipeline".
Subsec. (c)(8). Pub. L. 112–90, §21(c), added par. (8).
Subsec. (d)(4). Pub. L. 112–90, §7(a), added par. (4).
1996—Subsec. (a)(1). Pub. L. 104–304, §6(1), struck out "transporting gas or hazardous liquid or" after "Each person" and "a person".
Subsec. (b)(2). Pub. L. 104–304, §6(2), struck out after first sentence "However, an inspection must occur at least once every 2 years."
Subsec. (c). Pub. L. 104–304, §6(3), substituted "
Subsec. (c)(2)(A)(ii). Pub. L. 104–304, §6(4), added cl. (ii) and struck out former cl. (ii) which read as follows: "any other pipeline facility crossing under, over, or through navigable waters (as defined by the Secretary) if the Secretary decides that the location of the facility in those navigable waters could pose a hazard to navigation or public safety."
Subsec. (c)(2)(B). Pub. L. 104–304, §20(h)(1), substituted "standards" for "regulations" in introductory provisions.
Subsec. (c)(4)(A). Pub. L. 104–304, §20(h)(2), substituted "establish a standard" for "require by regulation".
Subsecs. (c)(4)(B), (d)(3). Pub. L. 104–304, §20(h)(1), substituted "standards" for "regulations".
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Pub. L. 114–183, §10, June 22, 2016, 130 Stat. 520, provided that:
"(a)
"(b)
"(1) the Pipeline and Hazardous Materials Safety Administration;
"(2) industry stakeholders, including operators of pipeline facilities, inspection technology, coating, and cathodic protection vendors, and pipeline inspection organizations;
"(3) safety advocacy groups;
"(4) research institutions;
"(5) State public utility commissions or State officials responsible for pipeline safety oversight;
"(6) State pipeline safety inspectors;
"(7) labor representatives; and
"(8) other entities, as determined appropriate by the Secretary.
"(c)
"(1) the need for, and the identification of, a system to ensure that dig verification data are shared with in-line inspection operators to the extent consistent with the need to maintain proprietary and security-sensitive data in a confidential manner to improve pipeline safety and inspection technology;
"(2) ways to encourage the exchange of pipeline inspection information and the development of advanced pipeline inspection technologies and enhanced risk analysis;
"(3) opportunities to share data, including dig verification data between operators of pipeline facilities and in-line inspector vendors to expand knowledge of the advantages and disadvantages of the different types of in-line inspection technology and methodologies;
"(4) options to create a secure system that protects proprietary data while encouraging the exchange of pipeline inspection information and the development of advanced pipeline inspection technologies and enhanced risk analysis;
"(5) means and best practices for the protection of safety- and security-sensitive information and proprietary information; and
"(6) regulatory, funding, and legal barriers to sharing the information described in paragraphs (1) through (4).
"(d)
Pub. L. 114–183, §11, June 22, 2016, 130 Stat. 521, provided that:
"(a)
"(b)
"(1) a description of any efforts underway to test a secure information-sharing system for the purpose described in subsection (a);
"(2) a description of any progress in establishing common standards for maintaining, collecting, and presenting pipeline safety regulatory inspection data, and a methodology for sharing the data;
"(3) a description of any inadequacies or gaps in State and Federal inspection, enforcement, geospatial, or other pipeline safety regulatory inspection data;
"(4) a description of the potential safety benefits of a national integrated pipeline safety regulatory inspection database; and
"(5) recommendations, including those of stakeholders for how to implement a secure information-sharing system that protects proprietary and security sensitive information and data for the purpose described in subsection (a).
"(c)
"(d)
"(1) after submission of the report required under subsection (a); or
"(2) upon notification to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the need to establish such database prior to the submission of the report under subsection (a)."
Pub. L. 114–183, §29, June 22, 2016, 130 Stat. 532, provided that:
"(a)
"(b)
"(1) An examination of different reporting requirements or standards for lost and unaccounted for natural gas to different agencies, the reasons for any such discrepancies, and recommendations for harmonizing and improving the accuracy of reporting.
"(2) An analysis of whether separate or alternative reporting could better measure the amounts and identify the location of lost and unaccounted for natural gas from natural gas distribution systems.
"(3) A description of potential safety issues associated with natural gas that is lost and unaccounted for from natural gas distribution systems.
"(4) An assessment of whether alternate reporting and measures will resolve any safety issues identified under paragraph (3), including an analysis of the potential impact, including potential savings, on rate payers and end users of natural gas products of such reporting and measures.
"(c)
Pub. L. 114–183, §30, June 22, 2016, 130 Stat. 533, provided that:
"(a)
"(1) encourage the repair and replacement of leaking natural gas distribution pipelines or systems that pose a safety threat, such as timelines to repair leaks and limits on cost recovery from ratepayers; and
"(2) may create barriers for entities to conduct work to repair and replace leaking natural gas pipelines or distribution systems.
"(b)
"(c)
Pub. L. 112–90, §8, Jan. 3, 2012, 125 Stat. 1911, provided that:
"(a)
"(1)
"(2)
"(A) an analysis of the technical limitations of current leak detection systems, including the ability of the systems to detect ruptures and small leaks that are ongoing or intermittent, and what can be done to foster development of better technologies; and
"(B) an analysis of the practicability of establishing technically, operationally, and economically feasible standards for the capability of such systems to detect leaks, and the safety benefits and adverse consequences of requiring operators to use leak detection systems.
"(b)
"(1)
"(A) the date that is 1 year after the date of completion of the report under subsection (a); or
"(B) the date that is 2 years after the date of enactment of this Act.
"(2)
"(3)
"(A) require operators of hazardous liquid pipeline facilities to use leak detection systems where practicable; and
"(B) establish technically, operationally, and economically feasible standards for the capability of such systems to detect leaks.
"(4)
"(A)
"(B)
[Terms used in section 8 of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title.]
Pub. L. 107–355, §25, Dec. 17, 2002, 116 Stat. 3011, required the Secretary of Transportation to conduct a study to determine whether cable-suspension pipeline bridges pose structural or other risks warranting particularized attention in connection with pipeline operators risk assessment programs and whether particularized inspection standards need to be developed by the Department of Transportation to recognize the peculiar risks posed by such bridges and to transmit a report detailing the results of the completed study within 2 years after Dec. 17, 2002.
Pub. L. 102–508, title III, §307, Oct. 24, 1992, 106 Stat. 3309, directed Secretary of Transportation, in consultation with State and other Federal agencies having authority over underwater natural gas and hazardous liquid pipeline facilities and with pipeline owners and operators, fishing and maritime industries, and other affected groups, to submit to Congress, not later than 3 years after Oct. 24, 1992, report and recommendations on abandonment of such pipeline facilities, including analysis of problems caused by such facilities, alternative methods to abandonment, as well as navigational, safety, economic, and environmental impacts associated with abandonment, and further authorized Secretary to require, based on findings of such study, additional appropriate actions to prevent hazards to navigation in connection with such facilities.
(a)
(1) establish criteria for identifying—
(A) by operators of gas pipeline facilities, each gas pipeline facility (except a natural gas distribution line) located in a high-density population area; and
(B) by operators of hazardous liquid pipeline facilities and gathering lines—
(i) each hazardous liquid pipeline facility, whether otherwise subject to this chapter, that crosses waters where a substantial likelihood of commercial navigation exists or that is located in an area described in the criteria as a high-density population area; and
(ii) each hazardous liquid pipeline facility and gathering line, whether otherwise subject to this chapter, located in an area that the Secretary, in consultation with the Administrator of the Environmental Protection Agency, describes as unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident; and
(2) provide that the identification be carried out through the inventory required under section 60102(e) of this title.
(b)
(1) locations near pipeline rights-of-way that are critical to drinking water, including intake locations for community water systems and critical sole source aquifer protection areas; and
(2) locations near pipeline rights-of-way that are part of the Great Lakes or have been identified as coastal beaches, marine coastal waters, critical wetlands, riverine or estuarine systems, national parks, wilderness areas, wildlife preservation areas or refuges, wild and scenic rivers, or critical habitat areas for threatened and endangered species.
(c)
(1)
(2)
(A)
(B)
(3)
(A) A baseline integrity assessment of each of the operator's facilities in areas identified pursuant to subsection (a)(1) and defined in chapter 192 of title 49, Code of Federal Regulations, including any subsequent modifications, by internal inspection device, pressure testing, direct assessment, or an alternative method that the Secretary determines would provide an equal or greater level of safety. The operator shall complete such assessment not later than 10 years after the date of enactment of this subsection. At least 50 percent of such facilities shall be assessed not later than 5 years after such date of enactment. The operator shall prioritize such facilities for assessment based on all risk factors, including any previously discovered defects or anomalies and any history of leaks, repairs, or failures. The operator shall ensure that assessments of facilities with the highest risks are given priority for completion and that such assessments will be completed not later than 5 years after such date of enactment.
(B) Subject to paragraph (5), periodic reassessments of the facility, at a minimum of once every 7 calendar years, using methods described in subparagraph (A). The Secretary may extend such deadline for an additional 6 months if the operator submits written notice to the Secretary with sufficient justification of the need for the extension.
(C) Clearly defined criteria for evaluating the results of assessments conducted under subparagraphs (A) and (B) and for taking actions based on such results.
(D) A method for conducting an analysis on a continuing basis that integrates all available information about the integrity of the facility and the consequences of releases from the facility.
(E) A description of actions to be taken by the operator to promptly address any integrity issue raised by an evaluation conducted under subparagraph (C) or the analysis conducted under subparagraph (D).
(F) A description of measures to prevent and mitigate the consequences of releases from the facility.
(G) A method for monitoring cathodic protection systems throughout the pipeline system of the operator to the extent not addressed by other regulations.
(H) If the Secretary raises a safety concern relating to the facility, a description of the actions to be taken by the operator to address the safety concern, including issues raised with the Secretary by States and local authorities under an agreement entered into under section 60106.
(4)
(5)
(6)
(A) The minimum requirements described in paragraph (3).
(B) The type or frequency of inspections or testing of pipeline facilities, in addition to the minimum requirements of paragraph (3)(B).
(C) The manner in which the inspections or testing are conducted.
(D) The criteria used in analyzing results of the inspections or testing.
(E) The types of information sources that must be integrated in assessing the integrity of a pipeline facility as well as the manner of integration.
(F) The nature and timing of actions selected to address the integrity of a pipeline facility.
(G) Such other factors as the Secretary determines appropriate to ensure that the integrity of a pipeline facility is addressed and that appropriate mitigative measures are adopted to protect areas identified under subsection (a)(1).
In prescribing those standards, the Secretary shall ensure that all inspections required are conducted in a manner that minimizes environmental and safety risks, and shall take into account the applicable level of protection established by national consensus standards organizations.
(7)
(A) changes to valves or the establishment or modification of systems that monitor pressure and detect leaks based on the operator's risk analysis; and
(B) the use of emergency flow restricting devices.
(8)
(9)
(A)
(i)
(ii)
(iii)
(B)
(C)
(10)
(11)
(d)
(e)
(1)
(2)
(3)
(A)
(i) the service line is installed or entirely replaced after June 1, 2008;
(ii) the service line operates continuously throughout the year at a pressure not less than 10 pounds per square inch gauge;
(iii) the service line is not connected to a gas stream with respect to which the operator has had prior experience with contaminants the presence of which could interfere with the operation of an excess flow valve;
(iv) the installation of an excess flow valve on the service line is not likely to cause loss of service to the residence or interfere with necessary operation or maintenance activities, such as purging liquids from the service line; and
(v) an excess flow valve meeting performance standards developed under section 60110(e) of title 49, United States Code, is commercially available to the operator, as determined by the Secretary.
(B)
(C)
(4)
(5)
(6)
(f)
(1) the signing officer has reviewed the report; and
(2) to the best of such officer's knowledge and belief, the report is true and complete.
(g)
(1)
(A) using internal inspection technology appropriate for the integrity threat are completed not less often than once every 12 months; and
(B) using pipeline route surveys, depth of cover surveys, pressure tests, external corrosion direct assessment, or other technology that the operator demonstrates can further the understanding of the condition of the pipeline facility are completed on a schedule based on the risk that the pipeline facility poses to the high consequence area in which the pipeline facility is located.
(2)
(A) that is not an offshore pipeline facility; and
(B) any portion of which is located at depths greater than 150 feet under the surface of the water.
(3)
(4)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1315; Pub. L. 103–429, §6(75), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 104–304, §§7, 20(i), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub. L. 107–355, §14(a), (b), Dec. 17, 2002, 116 Stat. 3002, 3005; Pub. L. 109–468, §§9, 14, 16, Dec. 29, 2006, 120 Stat. 3493, 3496; Pub. L. 112–90, §§5(e), 22, Jan. 3, 2012, 125 Stat. 1908, 1917; Pub. L. 114–183, §§19(a), 25, June 22, 2016, 130 Stat. 527, 530.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60109(a) (1)(A) | 49 App.:1672(i)(1) (1st sentence), (2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(i); added Oct. 24, 1992, Pub. L. 102–508, §102(a)(2), 106 Stat. 3291. |
60109(a) (1)(B) | 49 App.:2002(m)(1) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(m); added Oct. 24, 1992, Pub. L. 102–508, §202(a)(2), 106 Stat. 3300. |
60109(a)(2) | 49 App.:1672(i)(1) (last sentence). | |
49 App.:2002(m)(1) (2d sentence). | ||
60109(b) | 49 App.:2002(m)(1) (last sentence). |
In subsection (a)(1)(B)(i) and (ii), the words "regulation under" and "or not" are omitted as surplus.
This amends 49:60109(a)(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1315).
The date of enactment of this subsection, referred to in subsecs. (c) and (d), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
The date of enactment of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, referred to in subsec. (e)(3)(B), is the date of enactment of Pub. L. 112–90, which was approved Jan. 3, 2012.
The Electronic Signatures in Global and National Commerce Act, referred to in subsec. (f), is Pub. L. 106–229, June 30, 2000, 114 Stat. 464, which is classified principally to chapter 96 (§7001 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 7001 of Title 15 and Tables.
2016—Subsec. (b)(2). Pub. L. 114–183, §19(a), substituted "are part of the Great Lakes or have been identified as coastal beaches, marine coastal waters," for "have been identified as".
Subsec. (g). Pub. L. 114–183, §25, added subsec. (g).
2012—Subsec. (c)(3)(B). Pub. L. 112–90, §5(e), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "Subject to paragraph (5), periodic reassessment of the facility, at a minimum of once every 7 years, using methods described in subparagraph (A)."
Subsec. (e)(3)(B), (C). Pub. L. 112–90, §22, added subpar. (B) and redesignated former subpar. (B) as (C).
2006—Subsec. (c)(9)(A)(iii). Pub. L. 109–468, §14, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "If the Secretary determines that a risk analysis or integrity management program does not comply with the requirements of this subsection or regulations issued as described in paragraph (2), or is inadequate for the safe operation of a pipeline facility, the Secretary shall act under section 60108(a)(2) to require the operator to revise the risk analysis or integrity management program."
Subsec. (e). Pub. L. 109–468, §9, added subsec. (e).
Subsec. (f). Pub. L. 109–468, §16, added subsec. (f).
2002—Subsec. (c). Pub. L. 107–355, §14(a), added subsec. (c).
Subsec. (d). Pub. L. 107–355, §14(b), added subsec. (d).
1996—Subsec. (a). Pub. L. 104–304, §20(i), substituted "standards" for "regulations" in introductory provisions.
Subsec. (a)(1)(B)(i). Pub. L. 104–304, §7(a), substituted "waters where a substantial likelihood of commercial navigation exists" for "a navigable waterway (as the Secretary defines by regulation)".
Subsec. (b). Pub. L. 104–304, §7(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "When describing an area that is unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident, the Secretary shall consider including—
"(1) earthquake zones and areas subject to landslides and other substantial ground movements;
"(2) areas of likely ground water contamination if a hazardous liquid pipeline facility ruptures;
"(3) freshwater lakes, rivers, and waterways; and
"(4) river deltas and other areas subject to soil erosion or subsidence from flooding or other water action where a hazardous liquid pipeline facility is likely to become exposed or undermined."
1994—Subsec. (a)(2). Pub. L. 103–429 substituted "section 60102(e)" for "section 60102(c)".
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pub. L. 114–183, §19(b), June 22, 2016, 130 Stat. 527, provided that: "The Secretary of Transportation shall revise section 195.6(b) of title 49, Code of Federal Regulations, to explicitly state that the Great Lakes, coastal beaches, and marine coastal waters are USA ecological resources for purposes of determining whether a pipeline is in a high consequence area (as defined in section 195.450 of such title)."
Pub. L. 112–90, §5, Jan. 3, 2012, 125 Stat. 1907, provided that:
"(a)
"(1) whether integrity management system requirements, or elements thereof, should be expanded beyond high-consequence areas; and
"(2) with respect to gas transmission pipeline facilities, whether applying integrity management program requirements, or elements thereof, to additional areas would mitigate the need for class location requirements.
"(b)
"(1) The continuing priority to enhance protections for public safety.
"(2) The continuing importance of reducing risk in high-consequence areas.
"(3) The incremental costs of applying integrity management standards to pipelines outside of high-consequence areas where operators are already conducting assessments beyond what is required under chapter 601 of title 49, United States Code.
"(4) The need to undertake integrity management assessments and repairs in a manner that is achievable and sustainable, and that does not disrupt pipeline service.
"(5) The options for phasing in the extension of integrity management requirements beyond high-consequence areas, including the most effective and efficient options for decreasing risks to an increasing number of people living or working in proximity to pipeline facilities.
"(6) The appropriateness of applying repair criteria, such as pressure reductions and special requirements for scheduling remediation, to areas that are not high-consequence areas.
"(c)
"(1) expansion of integrity management requirements, or elements thereof, beyond high-consequence areas; and
"(2) with respect to gas transmission pipeline facilities, whether applying the integrity management program requirements, or elements thereof, to additional areas would mitigate the need for class location requirements.
"(d)
"(e)
"(f)
"(1)
"(A) the date that is 1 year after the date of completion of the report under subsection (c); or
"(B) the date that is 3 years after the date of enactment of this Act.
"(2)
"(3)
"(A)
"(i) integrity management system requirements, or elements thereof, should be expanded beyond high-consequence areas; and
"(ii) with respect to gas transmission pipeline facilities, applying integrity management program requirements, or elements thereof, to additional areas would mitigate the need for class location requirements.
"(B)
"(i) expand integrity management system requirements, or elements thereof, beyond high-consequence areas; and
"(ii) remove redundant class location requirements for gas transmission pipeline facilities that are regulated under an integrity management program adopted and implemented under section 60109(c)(2) of title 49, United States Code.
"(4)
"(A)
"(B)
"(g)
"(1) whether risk-based reassessment intervals are a more effective alternative for managing risks to pipelines in high-consequence areas once baseline assessments are complete when compared to the reassessment interval specified in section 60109(c)(3)(B) of title 49, United States Code;
"(2) the number of anomalies found in baseline assessments required under section 60109(c)(3)(A) of title 49, United States Code, as compared to the number of anomalies found in reassessments required under section 60109(c)(3)(B) of such title; and
"(3) the progress made in implementing the recommendations in GAO Report 06–945 and the current relevance of those recommendations that have not been implemented."
[Terms used in section 5 of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title. For definition of "high-consequence area" as used in section 5 of Pub. L. 112–90, see section 1(c)(2) of Pub. L. 112–90, set out as a note under section 60101 of this title.]
Pub. L. 112–90, §29, Jan. 3, 2012, 125 Stat. 1921, provided that: "In identifying and evaluating all potential threats to each pipeline segment pursuant to parts 192 and 195 of title 49, Code of Federal Regulations, an operator of a pipeline facility shall consider the seismicity of the area."
[Terms used in section 29 of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title.]
Pub. L. 107–355, §14(d), Dec. 17, 2002, 116 Stat. 3005, required the Comptroller General to study the 7-year reassessment interval required by section 60109(c)(3)(B) of title 49 and to transmit to Congress a report on the study not later than 4 years after Dec. 17, 2002.
(a)
(1) a natural gas distribution system installed after the effective date of regulations prescribed under this section; and
(2) any other natural gas distribution system when repair to the system requires replacing a part to accommodate installing excess flow valves.
(b)
(1) the system design pressure;
(2) the system operating pressure;
(3) the types of customers to which the distribution system supplies gas, including hospitals, schools, and commercial enterprises;
(4) the technical feasibility and cost of installing, operating, and maintaining the valve;
(5) the public safety benefits of installing the valve;
(6) the location of customer meters; and
(7) other factors the Secretary considers relevant.
(c)
(A) the availability of excess flow valves for installation in the system;
(B) safety benefits to be derived from installation; and
(C) costs associated with installation, maintenance, and replacement.
(2) The standards shall provide that, except when installation is required under subsection (b) of this section, excess flow valves shall be installed at the request of the customer if the customer will pay all costs associated with installation.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1316; Pub. L. 104–304, §§8, 20(j), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub. L. 107–355, §21(1), Dec. 17, 2002, 116 Stat. 3010.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60110(a) | 49 App.:1672(j)(5). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(j); added Oct. 24, 1992, Pub. L. 102–508, §104, 106 Stat. 3291. |
60110(b) | 49 App.:1672(j)(1). | |
60110(c) | 49 App.:1672(j)(2). | |
60110(d) | 49 App.:1672(j)(3). | |
60110(e) | 49 App.:1672(j)(4). |
In subsection (a)(2), the words "in a manner" are omitted as surplus.
In subsection (b), before clause (1), the words "on when" are substituted for "prescribing the circumstances, if any, under which" to eliminate unnecessary words.
2002—Subsec. (b). Pub. L. 107–355 substituted "circumstances, if any, under which an operator" for "circumstances under which an operator" in introductory provisions.
1996—Subsec. (b). Pub. L. 104–304, §20(j), substituted "standards" for "regulations" in introductory provisions.
Subsec. (b)(1). Pub. L. 104–304, §8(1), which directed the insertion of ", if any," after "circumstances" in the first sentence of subsection (b)(1), could not be executed because the word "circumstances" did not appear in subsec. (b)(1).
Subsec. (b)(4). Pub. L. 104–304, §8(2), inserted ", operating, and maintaining" after "cost of installing".
Subsec. (c)(1). Pub. L. 104–304, §20(j), substituted "standards" for "regulations" after "prescribe" in introductory provisions.
Subsec. (c)(1)(C). Pub. L. 104–304, §8(3), inserted ", maintenance, and replacement" after "installation".
Subsec. (c)(2). Pub. L. 104–304, §20(j), substituted "standards" for "regulations".
Subsec. (e). Pub. L. 104–304, §8(4), inserted after first sentence "The Secretary may adopt industry accepted performance standards in order to comply with the requirement under the preceding sentence."
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1317.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60111(a) | 49 App.:1674b(b)(1), (c). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §7(b)(1)–(3), (c); added Nov. 30, 1979, Pub. L. 96–129, §153, 93 Stat. 1002. |
60111(b) | 49 App.:1674b(b)(2). | |
60111(c) | 49 App.:1674b(b)(3). |
In subsection (a), the words "is not maintaining adequate insurance or otherwise", the text of 49 App.:1674b(c), and the words "and serve upon" and "a statement of" are omitted as surplus.
In subsection (b), the words "in accordance with section 554 of title 5" are omitted for consistency in the revised title and because 5:554 applies to a hearing on the record unless otherwise stated. The words "to be held" and "cause as to" are omitted as surplus. The words "the Secretary considers adequate" are substituted for "indicated in the notice under paragraph (1)" for clarity and to eliminate unnecessary words.
Subsection (c) is substituted for 49 App.:1674b(b)(3) to eliminate unnecessary words.
(a)
(1) operation of the facility is or would be hazardous to life, property, or the environment; or
(2) the facility is or would be constructed or operated, or a component of the facility is or would be constructed or operated, with equipment, material, or a technique that the Secretary decides is hazardous to life, property, or the environment.
(b)
(1) the characteristics of the pipe and other equipment used in the pipeline facility, including the age, manufacture, physical properties, and method of manufacturing, constructing, or assembling the equipment;
(2) the nature of the material the pipeline facility transports, the corrosive and deteriorative qualities of the material, the sequence in which the material are 1 transported, and the pressure required for transporting the material;
(3) the aspects of the area in which the pipeline facility is located, including climatic and geologic conditions and soil characteristics;
(4) the proximity of the area in which the hazardous liquid pipeline facility is located to environmentally sensitive areas;
(5) the population density and population and growth patterns of the area in which the pipeline facility is located;
(6) any recommendation of the National Transportation Safety Board made under another law; and
(7) other factors the Secretary considers appropriate.
(c)
(d)
(1)
(2)
(A) the Secretary, after notice and an opportunity for a hearing, determines that the employee's actions did not contribute substantially to the cause of the accident; or
(B) the Secretary determines the employee has been re-qualified or re-trained as provided for in section 60131 and can safely perform those activities.
(3)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1317; Pub. L. 103–429, §6(76), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 107–355, §§8(a), 10(b), Dec. 17, 2002, 116 Stat. 2993, 2995.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60112(a) | 49 App.:1679b(b)(1) (1st sentence words before 3d comma), (2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §12(b)(1)–(5); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 993; Oct. 24, 1992, Pub. L. 102–508, §101(b), 106 Stat. 3290. |
49 App.:2008(b)(1) (1st sentence words before 3d comma), (2). | Nov. 30, 1979, Pub. L. 96–129, §209(b)(1)–(5), 93 Stat. 1010; Oct. 24, 1992, Pub. L. 102–508, §201(b), 106 Stat. 3300. | |
60112(b) | 49 App.:1679b(b)(3). | |
49 App.:2008(b)(3). | ||
60112(c) | 49 App.:1679b(b)(6). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §12(b)(6); added Oct. 24, 1992, Pub. L. 102–508, §113(a), 106 Stat. 3296. |
49 App.:2008(b)(6). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §209(b)(6); added Oct. 24, 1992, Pub. L. 102–508, §213(a), 106 Stat. 3305. | |
60112(d) | 49 App.:1679b(b)(1) (1st sentence words after 3d comma, last sentence). | |
49 App.:2008(b)(1) (1st sentence words after 3d comma, last sentence). | ||
60112(e) | 49 App.:1679b(b)(4), (5). | |
49 App.:2008(b)(4), (5). |
In subsection (a), before clause (1), the word "reasonable" and the text of 49 App.:1679b(b)(1) (last sentence) and 2008(b)(1) (last sentence) are omitted as surplus. Clauses (1) and (2) are substituted for "that any pipeline facility is hazardous to life or property" and 49 App.:1679b(b)(2) and 2008(b)(2) to eliminate unnecessary words.
In subsection (b)(1), the words "involved" and "(including its resistance to corrosion and deterioration)" are omitted as surplus.
In subsection (b)(5), the words "in connection with any investigation conducted by the Board" are omitted as surplus.
In subsection (c), the words "responsible for pipeline safety" are omitted as surplus.
In subsection (e), the text of 49 App.:1679b(b)(4) and 2008(b)(4) is omitted because of 28:516 and 1331.
This amends 49:60112(d) to clarify the restatement of 49 App.:1679b(b)(1) and 2008(b)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1317).
2002—Subsec. (a). Pub. L. 107–355, §8(a)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "After notice and an opportunity for a hearing, the Secretary of Transportation may decide a pipeline facility is hazardous if the Secretary decides the facility is—
"(1) hazardous to life, property, or the environment; or
"(2) constructed or operated, or a component of the facility is constructed or operated, with equipment, material, or a technique the Secretary decides is hazardous to life, property, or the environment."
Subsec. (d). Pub. L. 107–355, §10(b), designated existing provisions as par. (1), inserted heading, realigned margins, and added pars. (2) and (3).
Pub. L. 107–355, §8(a)(2), substituted "is or would be hazardous" for "is hazardous".
1994—Subsec. (d). Pub. L. 103–429 inserted before period at end ", including suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other appropriate action".
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
1 So in original. Probably should be "is".
Not later than October 24, 1993, the Secretary of Transportation shall prescribe standards requiring an operator of a natural gas distribution pipeline that does not maintain customer-owned natural gas service lines up to building walls to advise its customers of—
(1) the requirements for maintaining those lines;
(2) any resources known to the operator that could assist customers in carrying out the maintenance;
(3) information the operator has on operating and maintaining its lines that could assist customers; and
(4) the potential hazards of not maintaining the lines.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1318; Pub. L. 104–304, §§9, 20(k), Oct. 12, 1996, 110 Stat. 3801, 3805.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60113(a) | 49 App.:1685(b). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §18(b); added Oct. 24, 1992, Pub. L. 102–508, §115(a)(2), 106 Stat. 3296. |
60113(b) | 49 App.:1672(k). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(k); added Oct. 24, 1992, Pub. L. 102–508, §115(c), 106 Stat. 3297. |
1996—Pub. L. 104–304 struck out subsec. (a) designation and heading, substituted "standards" for "regulations", and struck out subsec. (b), which read as follows:
"(b)
Pub. L. 102–508, title I, §115(b), Oct. 24, 1992, 106 Stat. 3296, provided that:
"(1)
"(2)
"(3)
"(4)
(a)
(1) a requirement that the system apply to all areas of the State containing underground pipeline facilities.
(2) a requirement that a person, including a government employee or contractor, intending to engage in an activity the Secretary decides could cause physical damage to an underground facility must contact the appropriate system to establish if there are underground facilities present in the area of the intended activity.
(3) a requirement that all operators of underground pipeline facilities participate in an appropriate one-call notification system.
(4) qualifications for an operator of a facility, a private contractor, or a State or local authority to operate a system.
(5) procedures for advertisement and notice of the availability of a system.
(6) a requirement about the information to be provided by a person contacting the system under clause (2) of this subsection.
(7) a requirement for the response of the operator of the system and of the facility after they are contacted by an individual under this subsection.
(8) a requirement that each State decide whether the system will be toll free.
(9) a requirement for sanctions substantially the same as provided under sections 60120 and 60122 of this title.
(b)
(c)
(d)
(1) may not engage in a demolition, excavation, tunneling, or construction activity in a State that has adopted a one-call notification system without first using that system to establish the location of underground facilities in the demolition, excavation, tunneling, or construction area;
(2) may not engage in such demolition, excavation, tunneling, or construction activity in disregard of location information or markings established by a pipeline facility operator pursuant to subsection (b); and
(3) and who causes damage to a pipeline facility that may endanger life or cause serious bodily harm or damage to property—
(A) may not fail to promptly report the damage to the owner or operator of the facility; and
(B) if the damage results in the escape of any flammable, toxic, or corrosive gas or liquid, may not fail to promptly report to other appropriate authorities by calling the 911 emergency telephone number.
(e)
(f)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1318; Pub. L. 104–287, §5(91), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104–304, §20(d), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 107–355, §§3(b), 21(2), Dec. 17, 2002, 116 Stat. 2986, 3010; Pub. L. 109–468, §2(a)(1), (e), Dec. 29, 2006, 120 Stat. 3486, 3489.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60114(a) | 49 App.:1687(b), (e). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §20(a)–(e); added Oct. 31, 1988, Pub. L. 100–561, §303(a), 102 Stat. 2814. |
60114(b) | 49 App.:1687(c). | |
60114(c) | 49 App.:1687(h). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §20(h); added Oct. 24, 1992, Pub. L. 102–508, §304(a), 106 Stat. 3308. |
60114(d) | 49 App.:1687(a). | |
60114(e) | 49 App.:1687(d). |
In subsection (a), before clause (1), the words "Not later than 18 months after October 31, 1988" are omitted as obsolete. The words "as described in subsection (a)" are omitted as surplus. In clause (1), the words "or systems" are omitted because of 1:1. In clause (8), the words "or not" are omitted as surplus.
In subsection (b), the words "all of the requirements established under" are omitted as surplus.
In subsection (c), the words "contractor, excavator, or other" are omitted as surplus.
In subsection (d), before clause (1), the words "When apportioning the amount appropriated to carry out" are substituted for "In making allocations under" for consistency with section 60107 of the revised title. In clause (2), the words "shall withhold part of a payment under section 60107 of this title" are substituted for "such State may not receive the full reimbursement under such sections to which it would otherwise be entitled" for clarity and consistency.
This amends 49:60114(a)(9) to clarify the restatement of 49 App.:1687(b) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1319), because the requirement for substantially the same sanctions was not intended to include criminal penalties.
2006—Subsecs. (d) to (g). Pub. L. 109–468 added subsecs. (d) to (g).
2002—Subsec. (a)(2). Pub. L. 107–355, §3(b), inserted ", including a government employee or contractor," after "person".
Subsecs. (c), (d). Pub. L. 107–355, §21(2), redesignated subsec. (d) as (c).
1996—Subsec. (a)(9). Pub. L. 104–287 and Pub. L. 104–304, §20(d)(1), amended par. (9) identically, substituting "60120 and 60122" for "60120, 60122, and 60123".
Subsec. (b). Pub. L. 104–304, §20(d)(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:
"(b)
Subsec. (c). Pub. L. 104–304, §20(d)(3), redesignated subsec. (c) as (b).
Subsecs. (d), (e). Pub. L. 104–304, §20(d)(2), (3), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows:
"(d)
"(1) shall consider whether a State has adopted or is seeking adoption of a one-call notification system under this section; and
"(2) shall withhold part of a payment under section 60107 of this title when the Secretary decides a State has not adopted, or is not seeking adoption of, a one-call notification system."
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Pub. L. 107–355, §17, Dec. 17, 2002, 116 Stat. 3008, provided that: "Within 1 year after the date of the enactment of this Act [Dec. 17, 2002], the Secretary of Transportation shall, in conjunction with the Federal Communications Commission, facility operators, excavators, and one-call notification system operators, provide for the establishment of a 3-digit nationwide toll-free telephone number system to be used by State one-call notification systems."
(a)
(b)
(2) The Technical Hazardous Liquid Pipeline Safety Standards Committee is composed of 15 members appointed by the Secretary after consulting with public and private agencies concerned with the technical aspect of transporting hazardous liquid or operating a hazardous liquid pipeline facility. Each member must be experienced in the safety regulation of transporting hazardous liquid and of hazardous liquid pipeline facilities or technically qualified, by training, experience, or knowledge in at least one field of engineering applicable to transporting hazardous liquid or operating a hazardous liquid pipeline facility, to evaluate hazardous liquid pipeline safety standards or risk management principles.
(3) The members of each committee are appointed as follows:
(A) 5 individuals selected from departments, agencies, and instrumentalities of the United States Government and of the States.
(B) 5 individuals selected from the natural gas or hazardous liquid industry, as appropriate, after consulting with industry representatives.
(C) 5 individuals selected from the general public.
(4)(A) Two of the individuals selected for each committee under paragraph (3)(A) of this subsection must be State officials. The Secretary shall consult with national organizations representing State commissioners or utility regulators before making a selection under this subparagraph.
(B) At least 3 of the individuals selected for each committee under paragraph (3)(B) of this subsection must be currently in the active operation of natural gas pipelines or hazardous liquid pipeline facilities, as appropriate. At least 1 of the individuals selected for each committee under paragraph (3)(B) shall have education, background, or experience in risk assessment and cost-benefit analysis. The Secretary shall consult with the national organizations representing the owners and operators of pipeline facilities before selecting individuals under paragraph (3)(B).
(C) Two of the individuals selected for each committee under paragraph (3)(C) of this subsection must have education, background, or experience in environmental protection or public safety. At least 1 of the individuals selected for each committee under paragraph (3)(C) shall have education, background, or experience in risk assessment and cost-benefit analysis. At least one individual selected for each committee under paragraph (3)(C) may not have a financial interest in the pipeline, petroleum, or natural gas industries.
(D) None of the individuals selected for a committee under paragraph (3)(C) may have a significant financial interest in the pipeline, petroleum, or gas industry.
(5) Within 90 days of the date of enactment of the PIPES Act of 2016, the Secretary shall fill all vacancies on the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, and any other committee established pursuant to this section. After that period, the Secretary shall fill a vacancy on any such committee not later than 60 days after the vacancy occurs.
(c)
(A) the Technical Pipeline Safety Standards Committee each standard proposed under this chapter for transporting gas and for gas pipeline facilities including the risk assessment information and other analyses supporting each proposed standard; and
(B) the Technical Hazardous Liquid Pipeline Safety Standards Committee each standard proposed under this chapter for transporting hazardous liquid and for hazardous liquid pipeline facilities including the risk assessment information and other analyses supporting each proposed standard.
(2) Not later than 90 days after receiving the proposed standard and supporting analyses, the appropriate committee shall prepare and submit to the Secretary a report on the technical feasibility, reasonableness, cost-effectiveness, and practicability of the proposed standard and include in the report recommended actions. The Secretary shall publish each report, including any recommended actions and minority views. The report if timely made is part of the proceeding for prescribing the standard. The Secretary is not bound by the conclusions of the committee. However, if the Secretary rejects the conclusions of the committee, the Secretary shall publish the reasons.
(3) The Secretary may prescribe a standard after the end of the 90-day period.
(d)
(2) If requested by the Secretary, a committee shall make policy development recommendations to the Secretary.
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1319; Pub. L. 104–88, title III, §308(m), Dec. 29, 1995, 109 Stat. 948; Pub. L. 104–304, §10, Oct. 12, 1996, 110 Stat. 3801; Pub. L. 107–355, §20(b), Dec. 17, 2002, 116 Stat. 3010; Pub. L. 114–183, §6, June 22, 2016, 130 Stat. 518.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60115(a) | 49 App.:1673(a) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, §4(a), 82 Stat. 722; Nov. 30, 1979, Pub. L. 96–129, §102(a), 93 Stat. 991; Oct. 24, 1992, Pub. L. 102–508, §105(1), 106 Stat. 3293. |
49 App.:2003(a) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §204(a), 93 Stat. 1005; Oct. 24, 1992, Pub. L. 102–508, §204(1), 106 Stat. 3301. | |
60115(b)(1) | 49 App.:1673(a) (last sentence words before colon). | |
60115(b)(2) | 49 App.:2003(a) (last sentence words before colon). | |
60115(b)(3), (4) | 49 App.:1671(7). | Aug. 12, 1968, Pub. L. 90–481, §2(7), 82 Stat. 720; Nov. 30, 1979, Pub. L. 96–129, §109(a), 93 Stat. 996. |
49 App.:1673(a) (last sentence words after colon). | ||
49 App.:2001(10). | Nov. 30, 1979, Pub. L. 96–129, §§202(10), 204(c), 93 Stat. 1004, 1006. | |
49 App.:2003(a) (last sentence words after colon). | ||
60115(c) | 49 App.:1673(b) (1st–5th sentences). | Aug. 12, 1968, Pub. L. 90–481, §4(b), 82 Stat. 722; Nov. 30, 1979, Pub. L. 96–129, §102(b), 93 Stat. 991; Jan. 14, 1983, Pub. L. 97–468, §101 (related to §4(b)), 96 Stat. 2543; Oct. 24, 1992, Pub. L. 102–508, §105(2), 106 Stat. 3293. |
49 App.:2003(b) (1st–5th sentences). | Nov. 30, 1979, Pub. L. 96–129, §204(b), 93 Stat. 1006; Jan. 14, 1983, Pub. L. 97–468, §101 (related to §204(b)), 96 Stat. 2543; Oct. 24, 1992, Pub. L. 102–508, §204(2), 106 Stat. 3302. | |
60115(d) | 49 App.:1673(b) (6th sentence). | |
49 App.:2003(b) (6th sentence). | ||
60115(e) | 49 App.:1673(b) (7th, last sentences). | |
49 App.:2003(b) (7th, last sentences). | ||
60115(f) | 49 App.:1673(c). | Aug. 12, 1968, Pub. L. 90–481, §4(c), 82 Stat. 722; Nov. 30, 1979, Pub. L. 96–129, §102(c), 93 Stat. 991. |
49 App.:2003(c). |
In subsection (a), the words "Not later than 12 months after November 30, 1979" and "and appoint the initial members of the Committee" in 49 App.:2003(a) (1st sentence) are omitted as executed.
In subsection (b)(3)(A)–(C), the word "individuals" is substituted for "members" for consistency.
In subsection (b)(3)(A), the words "departments, agencies, and instrumentalities of the United States Government and of the States" are substituted for "governmental agencies, including State and Federal Governments" for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(3)(B), the words "as appropriate" are added because of the restatement.
In subsection (b)(4), the words "representatives of" are omitted as surplus. The words "section 10344(f) of this title" are substituted for "subchapter III of chapter 103 of title 49" for clarity.
In subsection (c)(1)(A) and (B), the words "or any proposed amendment to a standard under this chapter, for its consideration" are omitted as surplus.
In subsection (c)(1)(B), the words "After the Committee has been established and its members appointed" in 49 App.:2003(b) are omitted as executed.
In subsection (c)(2), the words "or amendment", "by the Committee", "of the majority", and "for rejection thereof" are omitted as surplus.
In subsection (c)(3), the words "final . . . or a final amendment to a standard at any time" are omitted as surplus. The words "the end of the 90-day period" are substituted for "the 90th day after its submission to the Committee, whether or not the Committee has reported on such standard or amendment" to eliminate unnecessary words.
In subsection (d), the words "for his consideration" are omitted as surplus.
In subsection (e), the words "(or his designee)" are omitted as surplus because of 49:322(b). The words "at least" are substituted for "not less frequently than" to eliminate unnecessary words. The word "calendar" is omitted as surplus.
In subsection (f), the words "The Secretary may establish the pay" are substituted for "may be compensated at a rate to be fixed by the Secretary" for consistency and to eliminate unnecessary words. The words "of the Committee" after "Members", "actual", and "then currently" are omitted as surplus. The reference to section 5376 of title 5 is substituted for the reference to section 5332 of title 5 because of section 529 of the Treasury, Postal Service and General Government Appropriations Act, 1991 (Public Law 101–509, 104 Stat. 1442). The words "A member is entitled to expenses under section 5703 of title 5" are substituted for 49 App.:1673(c) (2d sentence) and 2003(c) (2d sentence) to eliminate unnecessary words. The words "for any purpose" are omitted as surplus. The words "This subsection does not apply to members regularly employed by the Government" are substituted for "other than Federal employees" for clarity.
The date of the enactment of the Accountable Pipeline Safety and Partnership Act of 1996, referred to in subsec. (a), is the date of enactment of Pub. L. 104–304, which was approved Oct. 12, 1996.
The date of enactment of the PIPES Act of 2016, referred to in subsec. (b)(5), is the date of enactment of Pub. L. 114–183, which was approved June 22, 2016.
2016—Subsec. (b)(4)(A). Pub. L. 114–183, §6(a), substituted "State officials. The Secretary shall consult with national organizations representing State commissioners or utility regulators before making a selection under this subparagraph." for "State commissioners. The Secretary shall consult with the national organization of State commissions before selecting those 2 individuals."
Subsec. (b)(5). Pub. L. 114–183, §6(b), added par. (5).
2002—Subsec. (b)(4)(D). Pub. L. 107–355 added subpar. (D).
1996—Subsec. (a). Pub. L. 104–304, §10(a), inserted at end "The committees referred to in the preceding sentence shall serve as peer review committees for carrying out this chapter. Peer reviews conducted by the committees shall be treated for purposes of all Federal laws relating to risk assessment and peer review (including laws that take effect after the date of the enactment of the Accountable Pipeline Safety and Partnership Act of 1996) as meeting any peer review requirements of such laws."
Subsec. (b)(1), (2). Pub. L. 104–304, §10(b)(1), (2), inserted before period at end "or risk management principles".
Subsec. (b)(3)(B). Pub. L. 104–304, §10(b)(3), substituted "5" for "4".
Subsec. (b)(3)(C). Pub. L. 104–304, §10(b)(4), substituted "5" for "6".
Subsec. (b)(4)(B). Pub. L. 104–304, §10(b)(5), inserted at end "At least 1 of the individuals selected for each committee under paragraph (3)(B) shall have education, background, or experience in risk assessment and cost-benefit analysis. The Secretary shall consult with the national organizations representing the owners and operators of pipeline facilities before selecting individuals under paragraph (3)(B)."
Subsec. (b)(4)(C). Pub. L. 104–304, §10(b)(6), inserted after first sentence "At least 1 of the individuals selected for each committee under paragraph (3)(C) shall have education, background, or experience in risk assessment and cost-benefit analysis."
Subsec. (c)(1)(A). Pub. L. 104–304, §10(c)(1), inserted before semicolon "including the risk assessment information and other analyses supporting each proposed standard".
Subsec. (c)(1)(B). Pub. L. 104–304, §10(c)(2), inserted before period at end "including the risk assessment information and other analyses supporting each proposed standard".
Subsec. (c)(2). Pub. L. 104–304, §10(c)(3)–(6), inserted "and supporting analyses" after "receiving the proposed standard", "and submit to the Secretary" after "prepare", "cost-effectiveness," after "reasonableness,", "and include in the report recommended actions" after "practicability of the proposed standard", and "any recommended actions and" after "including".
Subsec. (e). Pub. L. 104–304, §10(d), substituted "up to 4 times" for "twice".
Subsec. (f). Pub. L. 104–304, §10(e), substituted "
1995—Subsec. (b)(4)(A). Pub. L. 104–88 struck out "(referred to in section 10344(f) of this title)" after "commissions".
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1321; Pub. L. 104–304, §11, Oct. 12, 1996, 110 Stat. 3802; Pub. L. 107–355, §5, Dec. 17, 2002, 116 Stat. 2988.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60116 | 49 App.:1685(a). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §18(a); added Oct. 11, 1976, Pub. L. 94–477, §8, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992; Oct. 24, 1992, Pub. L. 102–508, §115(a)(1), 106 Stat. 3296. |
The date of enactment of the Pipeline Safety Improvement Act of 2002, referred to in subsec. (b), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
2002—Pub. L. 107–355 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "Under regulations the Secretary of Transportation prescribes, each owner or operator of a gas pipeline facility shall carry out a program to educate the public on the use of a one-call notification system prior to excavation, the possible hazards associated with gas leaks, and the importance of reporting gas odors and leaks to the appropriate authority. The Secretary may develop material suitable for use in the program."
1996—Pub. L. 104–304 substituted "owner or operator of a gas pipeline facility" for "person transporting gas", inserted "the use of a one-call notification system prior to excavation," after "educate the public on", and inserted comma after "gas leaks".
(a)
(b)
(1) maintain records, make reports, and provide information the Secretary requires; and
(2) make the records, reports, and information available when the Secretary requests.
The Secretary may require owners and operators of gathering lines to provide the Secretary information pertinent to the Secretary's ability to make a determination as to whether and to what extent to regulate gathering lines.
(c)
(d)
(e)
(2) Each report related to research and demonstration projects and related activities is public information.
(f)
(1) notifying the appropriate State official in the State in which the facility is located; and
(2) attempting to negotiate a mutually acceptable plan for testing with the owner of the facility and, when the Secretary considers appropriate, the National Transportation Safety Board.
(g)
(h)
(1) advise, assist, and cooperate with other departments, agencies, and instrumentalities of the United States Government, the States, and public and private agencies and persons in planning and developing safety standards and ways to inspect and test to decide whether those standards have been complied with;
(2) consult with and make recommendations to other departments, agencies, and instrumentalities of the Government, State and local governments, and public and private agencies and persons to develop and encourage activities, including the enactment of legislation, that will assist in carrying out this chapter and improve State and local pipeline safety programs; and
(3) participate in a proceeding involving safety requirements related to a liquefied natural gas facility before the Commission or a State authority.
(i)
(2) In consultation with the Occupational Safety and Health Administration, the Secretary shall establish procedures to notify the Administration of any pipeline accident in which an excavator that has caused damage to a pipeline may have violated a regulation of the Administration.
(j)
(k)
(l)
(1)
(2)
(A) the considerations specified in paragraphs (1) through (6) of section 60112(b);
(B) the likelihood that the condition will impair the serviceability of a pipeline;
(C) the likelihood that the condition will worsen over time; and
(D) the likelihood that the condition is present or could develop on other areas of the pipeline.
(m)
(1)
(2)
(n)
(1)
(A)
(B)
(i) has design and construction costs totaling at least $2,500,000,000, as periodically adjusted by the Secretary to take into account increases in the Consumer Price Index for all-urban consumers published by the Department of Labor, based on—
(I) the cost estimate provided to the Federal Energy Regulatory Commission in an application for a certificate of public convenience and necessity for a gas pipeline facility or an application for authorization for a liquefied natural gas pipeline facility; or
(II) a good faith estimate developed by the person proposing a hazardous liquid pipeline facility and submitted to the Secretary; or
(ii) uses new or novel technologies or design, as determined by the Secretary.
(2)
(3)
(A)
(B)
(C)
(4)
(o)
(1)
(2)
(A)
(i) The impact of the emergency order on public health and safety.
(ii) The impact, if any, of the emergency order on the national or regional economy or national security.
(iii) The impact of the emergency order on the ability of owners and operators of pipeline facilities to maintain reliability and continuity of service to customers.
(B)
(3)
(A) the violation, condition, or practice that constitutes or is causing the imminent hazard;
(B) the entities subject to the order;
(C) the restrictions, prohibitions, or safety measures imposed;
(D) the standards and procedures for obtaining relief from the order;
(E) how the order is tailored to abate the imminent hazard and the reasons the authorities under section 60112 and 60117(l) are insufficient to do so; and
(F) how the considerations were taken into account pursuant to paragraph (2).
(4)
(5)
(6)
(A)
(B)
(7)
(A)
(B)
(8)
(9)
(A) alter, amend, or limit the Secretary's obligations under, or the applicability of, section 553 of title 5; or
(B) provide the authority to amend the Code of Federal Regulations.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1321; Pub. L. 103–429, §6(77), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 104–304, §§12, 19, Oct. 12, 1996, 110 Stat. 3802, 3804; Pub. L. 107–355, §7, Dec. 17, 2002, 116 Stat. 2993; Pub. L. 109–468, §§11, 13, 17, Dec. 29, 2006, 120 Stat. 3494–3496; Pub. L. 112–90, §13(a), Jan. 3, 2012, 125 Stat. 1913; Pub. L. 114–183, §16, June 22, 2016, 130 Stat. 525.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60117(a) | 49 App.:1681(a) (1st sentence words before semicolon). | Aug. 12, 1968, Pub. L. 90–481, §14(a) (1st sentence), 82 Stat. 727; restated Nov. 30, 1979, Pub. L. 96–129, §§104(b), 106, 93 Stat. 992, 994. |
49 App.:1681(a) (last sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §14(a) (last sentence); added Oct. 11, 1984, Pub. L. 98–464, §7(a), 98 Stat. 1823. | |
49 App.:2010(a) (1st sentence words before semicolon). | Nov. 30, 1979, Pub. L. 96–129, §211(a) (1st sentence), 93 Stat. 1012. | |
49 App.:2010(a) (last sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §211(a) (last sentence); added Oct. 11, 1984, Pub. L. 98–464, §7(b), 98 Stat. 1823. | |
60117(b) | 49 App.:1681(b). | Aug. 12, 1968, Pub. L. 90–481, §14(b)–(e), 82 Stat. 727; restated Nov. 30, 1979, Pub. L. 96–129, §§104(b), 106, 93 Stat. 992, 995. |
49 App.:2010(b). | Nov. 30, 1979, Pub. L. 96–129, §211(b)–(e), 93 Stat. 1012. | |
60117(c) | 49 App.:1681(c). | |
49 App.:2010(c). | ||
60117(d) | 49 App.:1681(e) (1st sentence). | |
49 App.:2010(e) (1st sentence). | ||
60117(e) | 49 App.:1681(d). | |
49 App.:2010(d). | ||
60117(f) | 49 App.:1681(a) (1st sentence words after semicolon). | |
49 App.:1681(a) (2d sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §14(a) (2d sentence); added Oct. 31, 1988, Pub. L. 100–561, §109, 102 Stat. 2809. | |
49 App.:2010(a) (1st sentence words after semicolon). | ||
49 App.:2010(a) (2d sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §211(a) (2d sentence); added Oct. 31, 1988, Pub. L. 100–561, §208, 102 Stat. 2812. | |
60117(g) | 49 App.:1682(a). | Aug. 12, 1968, Pub. L. 90–481, §15(a), 82 Stat. 727; Nov. 30, 1979, Pub. L. 96–129, §§104(b), 109(j)(2), (k), 155(b), 93 Stat. 992, 997, 1003. |
49 App.:2011(a). | Nov. 30, 1979, Pub. L. 96–129, §212(a)–(c), 93 Stat. 1013. | |
60117(h)(1) | 49 App.:1682(b). | Aug. 12, 1968, Pub. L. 90–481, §15(b), 82 Stat. 727; Nov. 30, 1979, Pub. L. 96–129, §§104(b), 109(j)(2), 93 Stat. 992, 997. |
49 App.:2011(b). | ||
60117(h)(2) | 49 App.:1682(c). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §15(c); added Aug. 22, 1972, Pub. L. 92–401, §3, 86 Stat. 616; Nov. 30, 1979, Pub. L. 96–129, §§104(b), 109(j)(2), 93 Stat. 992, 997. |
49 App.:2011(c). | ||
60117(h)(3) | 49 App.:1682(d). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §15(d); added Nov. 30, 1979, Pub. L. 96–129, §155(a), 93 Stat. 1003. |
60117(i) | 49 App.:1676(b). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §9(b); added Oct. 31, 1988, Pub. L. 100–561, §105(2), 102 Stat. 2807. |
49 App.:2011(d). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §212(d); added Oct. 31, 1988, Pub. L. 100–561, §209, 102 Stat. 2812. | |
60117(j) | 49 App.:1681(e) (last sentence). | |
49 App.:2010(e) (last sentence). |
In subsection (a), the words "to the extent necessary . . . his responsibilities under" and "relevant" are omitted as surplus. The words "documents and" are omitted as being included in "records". The words "directly or, by contract, or otherwise" are omitted as surplus.
In subsections (b), before clause (1), and (c), the words "has acted or . . . acting" are omitted as surplus. The word "prescribed" is added for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), the words "establish and" and "reasonably" are omitted as surplus.
In subsection (c), the words "enter premises to" are substituted for "enter upon" for clarity and consistency. The words "and examine" and "to the extent such records and properties are relevant" are omitted as surplus.
In subsection (d), the words "related to a confidential matter" are substituted for "which information contains or relates to a trade secret . . . shall be considered confidential for the purpose of that section" to eliminate unnecessary words. The words "All information reported to or otherwise" are omitted as surplus. The words "an officer, employee, or agent" are substituted for "his representative" for consistency. The word "only" is substituted for "except that such information" to eliminate unnecessary words. The words "when relevant" are omitted as surplus.
In subsection (e)(1), the words "civil, criminal, or other" are omitted as surplus.
In subsection (f), before clause (1), the words "however . . . exercise authority under this section to" are omitted as surplus. In clause (1), the word "affected" is omitted as surplus. In clause (2), the word "attempting" is substituted for "make every effort" to eliminate unnecessary words. The words "for testing" and "the Secretary considers" are added for clarity.
In subsection (g), the words "with respect to matters under their jurisdiction" in 49 App.:2011(a) are omitted as surplus.
In subsection (h)(1) and (2), the word "instrumentalities" is added for consistency in the revised title and with other titles of the Code.
In subsection (h)(1), the word "Federal" before "safety" is omitted as surplus.
In subsection (h)(3), the words "as a matter of right intervene or otherwise" and the text of 49 App.:1682(d) (last sentence) are omitted as surplus.
In subsection (i), the words "Not later than 1 year after October 31, 1988" are omitted as obsolete. The words "departments, agencies, and instrumentalities of the Government and State authorities" are substituted for "agencies of the United States and of the States" for consistency in the revised title and with other titles of the Code.
In subsection (j), the words "by the Secretary or any officer, employee, or agent under his control" are omitted as surplus. The words "to have the information" are substituted for "duly" for clarity.
This amends 49:60117(i) by restating section 304(c) of the Pipeline Safety Act of 1992 (Public Law 102–508, 106 Stat. 3308) as 49:60117(i)(2).
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60117(i)(2) | 49 App.:1682 (note). | Oct. 24, 1992, Pub. L. 102–508, §304(c), 106 Stat. 3308. |
The date of enactment of the PIPES Act of 2016 and such date of enactment, referred to in subsec. (o)(7), is the date of enactment of Pub. L. 114–183, which was approved June 22, 2016.
2016—Subsec. (o). Pub. L. 114–183 added subsec. (o).
2012—Subsec. (n). Pub. L. 112–90 amended subsec. (n) generally. Prior to amendment, text read as follows:
"(1)
"(2)
"(3)
2006—Subsec. (l). Pub. L. 109–468, §13, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "If the Secretary decides that a pipeline facility has a potential safety-related condition, the Secretary may order the operator of the facility to take necessary corrective action, including physical inspection, testing, repair, replacement, or other appropriate action to remedy the safety-related condition."
Subsecs. (m), (n). Pub. L. 109–468, §§11, 17, added subsecs. (m) and (n).
2002—Subsec. (l). Pub. L. 107–355 added subsec. (l).
1996—Subsec. (a). Pub. L. 104–304, §19, inserted "and promotional activities relating to prevention of damage to pipeline facilities" after "and training activities".
Subsec. (b). Pub. L. 104–304, §12(1), (3), substituted "owning" for "transporting gas or hazardous liquid" and inserted at end "The Secretary may require owners and operators of gathering lines to provide the Secretary information pertinent to the Secretary's ability to make a determination as to whether and to what extent to regulate gathering lines."
Subsec. (k). Pub. L. 104–304, §12(2), added subsec. (k).
1994—Subsec. (i). Pub. L. 103–429 designated existing provisions as par. (1) and added par. (2).
Pub. L. 112–90, §20(a), Jan. 3, 2012, 125 Stat. 1916, provided that:
"(1)
"(A) requiring hearings under sections 60112, 60117, 60118, and 60122 of title 49, United States Code, to be convened before a presiding official;
"(B) providing the opportunity for any person requesting a hearing under section 60112, 60117, 60118, or 60122 of such title to arrange for a transcript of the hearing, at the expense of the requesting person;
"(C) ensuring expedited review of any order issued pursuant to section 60112(e) of such title;
"(D) implementing a separation of functions between personnel involved with the investigation and prosecution of an enforcement case and advising the Secretary on findings and determinations; and
"(E) prohibiting ex-parte communication relevant to the question to be decided in such a case by parties to an investigation or hearing.
"(2)
"(A) define the term 'presiding official' to mean the person who conducts any hearing relating to civil penalty assessments, compliance orders, safety orders, or corrective action orders; and
"(B) require that the presiding official be an attorney on the staff of the Deputy Chief Counsel of the Pipeline and Hazardous Materials Safety Administration that is not engaged in investigative or prosecutorial functions, including the preparation of notices of probable violations, notices relating to civil penalty assessments, notices relating to compliance, or notices of proposed corrective actions.
"(3)
Pub. L. 114–183, §14, June 22, 2016, 130 Stat. 524, provided that:
"(a)
"(b)
"(1)
"(2)
"(3)
Pub. L. 112–90, §9, Jan. 3, 2012, 125 Stat. 1912, provided that:
"(a)
"(b)
"(1) establish time limits for telephonic or electronic notification of an accident or incident to require such notification at the earliest practicable moment following confirmed discovery of an accident or incident and not later than 1 hour following the time of such confirmed discovery;
"(2) review procedures for owners and operators of pipeline facilities and the National Response Center to provide thorough and coordinated notification to all relevant State and local emergency response officials, including 911 emergency call centers, for the jurisdictions in which those pipeline facilities are located in the event of an accident or incident, and revise such procedures as appropriate; and
"(3) require such owners and operators to revise their initial telephonic or electronic notice to the Secretary and the National Response Center with an estimate of the amount of the product released, an estimate of the number of fatalities and injuries, if any, and any other information determined appropriate by the Secretary within 48 hours of the accident or incident, to the extent practicable.
"(c)
[Terms used in section 9 of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title.]
Pub. L. 112–90, §13(b), Jan. 3, 2012, 125 Stat. 1914, provided that: "Not later than 1 year after the date of enactment of this Act [Jan. 3, 2012], the Secretary of Transportation shall issue guidance to clarify the meaning of the term 'new or novel technologies or design' as used in section 60117(n)(1)(B)(ii) of title 49, United States Code, as amended by subsection (a) of this section."
Pub. L. 112–90, §25, Jan. 3, 2012, 125 Stat. 1919, provided that:
"(a)
"(b)
"(1)
"(2)
[Terms used in section 25 of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title.]
Pub. L. 112–90, §30, Jan. 3, 2012, 125 Stat. 1921, provided that: "Not later than 1 year after the date of enactment of this Act [Jan. 3, 2012], the Secretary of Transportation shall develop and implement a protocol for consulting with Indian tribes to provide technical assistance for the regulation of pipelines that are under the jurisdiction of Indian tribes."
Pub. L. 109–468, §15, Dec. 29, 2006, 120 Stat. 3496, provided that: "Not later than December 31, 2007, the Secretary of Transportation shall review the incident reporting requirements for operators of natural gas pipelines and modify the reporting criteria as appropriate to ensure that the incident data gathered accurately reflects incident trends over time, taking into consideration the recommendations from the Comptroller General in GAO report 06–946."
Pub. L. 109–468, §20, Dec. 29, 2006, 120 Stat. 3498, provided that: "Not later than December 31, 2007, the Secretary of Transportation shall amend accident reporting forms to require operators of gas and hazardous liquid pipelines to provide data related to controller fatigue."
(a)
(1) comply with applicable safety standards prescribed under this chapter, except as provided in this section or in section 60126;
(2) prepare and carry out a plan for inspection and maintenance required under section 60108(a) and (b) of this title;
(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; and
(4) conduct a risk analysis, and adopt and implement an integrity management program, for pipeline facilities as required under section 60109(c).
(b)
(c)
(1)
(A)
(B)
(2)
(A)
(i) it is in the public interest to grant the waiver;
(ii) the waiver is not inconsistent with pipeline safety; and
(iii) the waiver is necessary to address an actual or impending emergency involving pipeline transportation, including an emergency caused by a natural or manmade disaster.
(B)
(3)
(d)
(e)
(1)
(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)
(A)
(B)
(i)
(ii)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1322; Pub. L. 104–304, §13, Oct. 12, 1996, 110 Stat. 3802; Pub. L. 107–355, §§10(a), (c), 14(c), Dec. 17, 2002, 116 Stat. 2995, 2996, 3005; Pub. L. 109–468, §10, Dec. 29, 2006, 120 Stat. 3494; Pub. L. 112–90, §2(b), Jan. 3, 2012, 125 Stat. 1905.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60118(a) | 49 App.:1677(a). | Aug. 12, 1968, Pub. L. 90–481, §10(a), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §[§] 105(b), 109(h)(4), 152(a), 93 Stat. 994, 996, 999. |
49 App.:2006(a). | Nov. 30, 1979, Pub. L. 96–129, §§203(h), 207(a), (b)(1), 93 Stat. 1005, 1009. | |
60118(b) | 49 App.:1677(b)(1). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §10(b)(1); added Nov. 30, 1979, Pub. L. 96–129, §§104(a)(1), 152(a), 93 Stat. 992, 999. |
49 App.:2006(b)(1). | ||
60118(c) | 49 App.:1672(d) (1st, 2d sentences). | Aug. 12, 1968, Pub. L. 90–481, §3(d), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96–129, §[§] 104(d), 109(c), 152(b)(2), 93 Stat. 994, 996, 1001. |
49 App.:2002(h) (1st, 2d sentences). | ||
60118(d) | 49 App.:1672(d) (3d–last sentences). | |
49 App.:2002(h) (3d–last sentences). |
In subsection (a)(1), the words "at all times after the date . . . takes effect . . . the requirements of" are omitted as surplus. The words "except as provided in this section" are added for clarity.
In subsection (a)(2), the words "establish and" in 49 App.:2006(a)(2) and "and comply with such plan" are omitted as surplus.
In subsection (b), the word "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the United States Code. The word "particular" is omitted as surplus. The words "a person must take to comply" are substituted for "required of the person to whom the order is issued" for clarity and to eliminate unnecessary words.
In subsection (c), the words "any part of" are substituted for "in whole or in part" to eliminate unnecessary words. The words "and to such extent" and "he determines that . . . of compliance with such standard" are omitted as surplus.
In subsection (d), the words "to which the certification or agreement applies" are added for clarity. The words "to the granting of the waiver" and "any State agency action granting" are omitted as surplus. The words "shall provide a prompt opportunity for a hearing" are substituted for "shall afford such agency a prompt opportunity to present its request for waiver, with opportunity for hearing" to eliminate unnecessary words and for consistency in the revised title and with other titles of the Code.
2012—Subsec. (e). Pub. L. 112–90 amended subsec. (e) generally. Prior to amendment, text read as follows: "If the Secretary or the National Transportation Safety Board investigate an accident involving a pipeline facility, the operator of the facility shall make available to the Secretary or the Board all records and information that in any way pertain to the accident (including integrity management plans and test results), and shall afford all reasonable assistance in the investigation of the accident."
2006—Subsec. (c). Pub. L. 109–468 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "On application of a person owning or operating a pipeline facility, the 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."
2002—Subsec. (a)(4). Pub. L. 107–355, §14(c), added par. (4).
Subsec. (e). Pub. L. 107–355, §10(a), added subsec. (e).
Subsec. (f). Pub. L. 107–355, §10(c), added subsec. (f).
1996—Subsec. (a). Pub. L. 104–304, §13(a)(1), struck out "transporting gas or hazardous liquid or" after "person" in introductory provisions.
Subsec. (a)(1). Pub. L. 104–304, §13(a)(2), added par. (1) and struck out former par. (1) which read as follows: "comply with applicable safety standards prescribed under this chapter, except as provided in this section;".
Subsec. (b). Pub. L. 104–304, §13(b), reenacted subsec. heading without change and amended text generally. Prior to amendment, text read as follows: "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."
Subsec. (c). Pub. L. 104–304, §13(c), substituted "owning" for "transporting gas or hazardous liquid".
(a)
(2) A judgment of a court under paragraph (1) of this subsection may be reviewed only by the Supreme Court under section 1254 of title 28. A remedy under paragraph (1) is in addition to any other remedies provided by law.
(3) A judicial review of agency action under this section shall apply the standards of review established in section 706 of title 5.
(b)
(2) A judgment of a court under paragraph (1) of this subsection may be reviewed only by the Supreme Court under section 1254(1) of title 28.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1323; Pub. L. 112–90, §§2(d), 20(b), Jan. 3, 2012, 125 Stat. 1905, 1917.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60119(a)(1) | 49 App.:1675(a). | Aug. 12, 1968, Pub. L. 90–481, §8(a), 82 Stat. 724; Nov. 30, 1979, Pub. L. 96–129, §§104(e)(2), 152(a), 93 Stat. 994, 999; Jan. 14, 1983, Pub. L. 97–468, §102, 96 Stat. 2543. |
49 App.:2005(a). | Nov. 30, 1979, Pub. L. 96–129, §206(a), 93 Stat. 1009; Jan. 14, 1983, Pub. L. 97–468, §103, 96 Stat. 2543. | |
60119(a)(2) | 49 App.:1675(b), (c). | Aug. 12, 1968, Pub. L. 90–481, §8(b), (c), 82 Stat. 724; Nov. 30, 1979, Pub. L. 96–129, §§104(e)(3), 152(a), 93 Stat. 994, 999. |
49 App.:1675(d), (e). | Aug. 12, 1968, Pub. L. 90–481, §8(d), (e), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §152(a), 93 Stat. 999. | |
49 App.:2005(b)–(e). | Nov. 30, 1979, Pub. L. 96–129, §206(b)–(e), 93 Stat. 1009. | |
60119(b)(1) | 49 App.:1674b(b) (4)(A), (B). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §7(b)(4); added Nov. 30, 1979, Pub. L. 96–129, §153, 93 Stat. 1002. |
60119(b)(2) | 49 App.:1674b(b) (4)(C). |
In this section, the word "judicial" is omitted as surplus.
In subsection (a)(1), the words "Except as provided in subsection (b) of this section" are added for clarity. The words "who is or will be . . . or aggrieved" are omitted as surplus. The word "prescribed" is added for consistency in the revised title and with other titles of the United States Code. The word "Circuit" is added to complete the proper title of the Court. The word "resides" is substituted for "located" for clarity and for consistency in the revised title and with other titles of the Code. The words "or other officer designated by him for that purpose" are omitted as surplus because of 49:322(b).
In subsection (a)(2), the text of 49 App.:1675(b) and 2005(b) is omitted as surplus because of 28:1331 and because 5:ch. 7 applies in the absence of an exception. The text of 49 App.:1675(d) and 2005(d) is omitted as covered by rule 43 of the Federal Rules of Appellate Procedure (28 App. U.S.C.). The words "affirming or setting aside, in whole or in part, any such regulation or order of the Secretary" are omitted as surplus. The words "may be reviewed only" are substituted for "shall be final, subject to review" for consistency. The words "and not in substitution for" are omitted as surplus.
In subsection (b)(1), the words "adversely affected" are substituted for "aggrieved" for consistency in the revised title and with other titles of the Code. The word "only" is omitted as surplus. The text of 49 App.:1674b(b)(4)(B) (1st sentence) is omitted as surplus because 28:2112 applies in the absence of an exception. The text of 49 App.:1674b(b)(4)(B) (2d sentence) is omitted as surplus and because of 28:1651.
In subsection (b)(2), the words "and decree" are omitted as surplus. The words "may be reviewed only" are substituted for "shall be final, except that such judgment and decree shall be subject to review" for consistency and to eliminate unnecessary words. The words "upon certiorari" are omitted as surplus because of 28:1254(1).
2012—Subsec. (a). Pub. L. 112–90, §2(d)(1), substituted ", Orders, and Other Final Agency Actions" for "and Waiver Orders" in heading.
Subsec. (a)(1). Pub. L. 112–90, §2(d)(2), substituted "order issued under this chapter" for "order issued about an application for a waiver under section 60118(c) or (d) of this title".
Subsec. (a)(3). Pub. L. 112–90, §20(b), added par. (3).
(a)
(1)
(2)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1323; Pub. L. 107–355, §8(b)(3), Dec. 17, 2002, 116 Stat. 2993; Pub. L. 112–90, §2(c), Jan. 3, 2012, 125 Stat. 1905.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60120(a)(1) | 49 App.:1677(b)(2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §10(b)(2); added Nov. 30, 1979, Pub. L. 96–129, §§104(a)(1), 152(a), 93 Stat. 992, 999. |
49 App.:1679b(a)(1). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §12(a); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 993. | |
49 App.:2006(b)(2). | Nov. 30, 1979, Pub. L. 96–129, §§207(b)(2), (c), 209(a), 93 Stat. 1009, 1010. | |
49 App.:2008(a)(1). | ||
60120(a)(2) | 49 App.:1681(f). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §14(f); added Oct. 24, 1992, Pub. L. 102–508, §112(b), 106 Stat. 3295. |
49 App.:2010(f). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §211(f); added Oct. 24, 1992, Pub. L. 102–508, §211(b), 106 Stat. 3304. | |
60120(b) | 49 App.:1679b(a)(2). | |
49 App.:2008(a)(2). | ||
60120(c) | 49 App.:1677(c). | Aug. 12, 1968, Pub. L. 90–481, §10(c), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §§104(a)(1), 152(a), 93 Stat. 992, 999. |
49 App.:2006(c). |
In subsection (a)(1), the text of 49 App.:1677(b)(2) and 2006(b)(2) and the words "shall have jurisdiction to determine such actions" in 49 App.:1679b(a)(1) and 2008(a)(1) are omitted as redundant and because of 28:1331 and 1345. The word "civil" is added for consistency in the revised title and with other titles of the United States Code and because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "to enforce this chapter" are substituted for "for equitable relief to redress or restrain a violation by any person of a provision of this chapter" to eliminate unnecessary words. The word "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the Code. The words "necessary or . . . mandatory or prohibitive injunctive relief, interim equitable relief, and" are omitted as surplus.
In subsection (a)(2), the words "the Attorney General may bring a civil action in a district court of the United States" are substituted for "such district court shall, upon the request of the Attorney General . . . have jurisdiction to issue to such person an order" for clarity and consistency and because of 28:1331 and 1345. The words "contumacy or" are omitted as surplus. The word "premises" is added for clarity and consistency. The words "or examine" are omitted as being included in "inspect".
In subsection (b), the words "mandatory or prohibitive" are omitted as surplus. The words "the defendant may demand a jury trial" are substituted for "trial shall be by the court or, upon demand of the accused, by a jury" to eliminate unnecessary words and for consistency in the revised title and with other titles of the Code.
In subsection (c), the words "common law or statutory" are omitted as surplus.
2012—Subsec. (a)(1). Pub. L. 112–90 added at end "The maximum amount of civil penalties for administrative enforcement actions under section 60122 shall not apply to enforcement actions under this section."
Subsec. (a). Pub. L. 107–355 reenacted subsec. heading without change, added par. (1) and struck out former par. (1), inserted par. (2) heading and realigned margins. Prior to amendment, par. (1) read as follows: "On the request of the Secretary of Transportation, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order issued under this chapter. The court may award appropriate relief, including punitive damages."
(a)
(A) may bring the action only after 60 days after the person has given notice of the violation to the Secretary of Transportation or to the appropriate State authority (when the violation is alleged to have occurred in a State certified under section 60105 of this title) and to the person alleged to have committed the violation;
(B) may not bring the action if the Secretary or authority has begun and diligently is pursuing an administrative proceeding for the violation; and
(C) may not bring the action if the Attorney General of the United States, or the chief law enforcement officer of a State, has begun and diligently is pursuing a judicial proceeding for the violation.
(2) The Secretary shall prescribe the way in which notice is given under this subsection.
(3) The Secretary, with the approval of the Attorney General, or the Attorney General may intervene in an action under paragraph (1) of this subsection.
(b)
(1) based on the actual time spent and the reasonable expenses of the attorney for legal services provided to a person under this section; and
(2) computed at the rate prevailing for providing similar services for actions brought in the court awarding the fee.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1324.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60121(a)(1) | 49 App.:1686(a), (b) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §19; added Oct. 11, 1976, Pub. L. 94–477, §8, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992. |
49 App.:2014(a), (b) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §215, 93 Stat. 1014. | |
60121(a)(2) | 49 App.:1686(b) (last sentence). | |
49 App.:2014(b) (last sentence). | ||
60121(a)(3) | 49 App.:1686(c). | |
49 App.:2014(c). | ||
60121(b) | 49 App.:1686(e). | |
49 App.:2014(e). | ||
60121(c) | 49 App.:1686(f). | |
49 App.:2014(f). | ||
60121(d) | 49 App.:1686(d). | |
49 App.:2014(d). |
In subsection (a)(1), before clause (A), the text of 49 App.:1686(a) (last sentence, words after the comma) and 2014(a) (last sentence, words after the comma) is omitted as surplus because the amount in controversy is no longer a criterion. The word "bring" is substituted for "commence" for consistency in the revised title and with other titles of the United States Code. The words "mandatory or prohibitive", "including interim equitable relief", "State, municipality, or", and "alleged to be" are omitted as surplus. The word "prescribed" is added for consistency in the revised title and with other titles of the Code.
In subsection (a)(2), the words "by regulation" are omitted as surplus because of 49:322(a).
In subsection (a)(3), the words "as a matter of right" are omitted as surplus.
In subsection (b), before clause (1), the words "in the interest of justice" and "of suit, including" are omitted as surplus. In clause (1), the words "by an attorney" and "advice and other" are omitted as surplus. The words "provided to a person under this section" are substituted for "providing . . . in connection with representing a person in an action brought under this section" to eliminate unnecessary words.
In subsection (c), the word "Federal" is omitted as surplus. The words "prescribed under this chapter" are added for clarity.
In subsection (d), the words "enforcement of this chapter or any order or regulation under this chapter or to seek any other" are omitted as surplus.
(a)
(2) A person violating a standard or order under section 60103 or 60111 of this title is liable to the Government for a civil penalty of not more than $50,000 for each violation. A penalty under this paragraph may be imposed in addition to penalties imposed under paragraph (1) of this subsection.
(3) A person violating section 60129, or an order issued thereunder, is liable to the Government for a civil penalty of not more than $1,000 for each violation. The penalties provided by paragraph (1) do not apply to a violation of section 60129 or an order issued thereunder.
(b)
(1) the Secretary shall consider—
(A) the nature, circumstances, and gravity of the violation, including adverse impact on the environment;
(B) with respect to the violator, the degree of culpability, any history of prior violations, and any effect on ability to continue doing business; and
(C) good faith in attempting to comply; and
(2) the Secretary may consider—
(A) the economic benefit gained from the violation without any reduction because of subsequent damages; and
(B) other matters that justice requires.
(c)
(2) The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General.
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1325; Pub. L. 107–355, §§6(b), 8(b)(1), (2), 21(3), Dec. 17, 2002, 116 Stat. 2992, 2993, 3010; Pub. L. 109–468, §2(a)(2), Dec. 29, 2006, 120 Stat. 3487; Pub. L. 112–90, §2(a), Jan. 3, 2012, 125 Stat. 1905.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60122(a)(1) | 49 App.:1679a(a)(1), (3) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(a); added Nov. 30, 1979, Pub. L. 96–129, §§104(b), 154, 93 Stat. 992, 1002; Oct. 31, 1988, Pub. L. 100–561, §106, 102 Stat. 2807; Oct. 24, 1992, Pub. L. 102–508, §§112(a), 304(b), 106 Stat. 3295, 3308. |
49 App.:2007(a)(1), (2) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §208(a), (b), (d), 93 Stat. 1009, 1010; Oct. 31, 1988, Pub. L. 100–561, §205, 102 Stat. 2811; Oct. 24, 1992, Pub. L. 102–508, §211(a), 106 Stat. 3304. | |
60122(a)(2) | 49 App.:1679a(a)(2). | |
60122(b) | 49 App.:1679a(a)(3) (last sentence). | |
49 App.:2007(a)(2) (last sentence). | ||
60122(c) | 49 App.:1679a(b) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(b), (d); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992, 993. |
49 App.:2007(b) (1st sentence). | ||
60122(d) | 49 App.:1679a(b) (2d sentence). | |
49 App.:2007(b) (2d sentence). | ||
60122(e) | 49 App.:1679a(b) (last sentence). | |
49 App.:2007(b) (last sentence). | ||
60122(f) | 49 App.:1679a(d). | |
49 App.:2007(d). |
In subsection (a)(1), the word "prescribed" is added for consistency in the revised title and with other titles of the United States Code. The words "including any order issued under sections 1677(b) and 1679b(b)" in 49 App.:1679a(a)(1) and "including any order issued under section 2006(b) or 2008(b)" in 49 App.:2007(a)(1) are omitted as surplus. The word "occurs" is added for clarity.
In subsection (a)(2), the words "is determined by the Secretary to have" are omitted as surplus. The words "for each violation" are added for clarity and consistency. The word "imposed" is substituted for "to which such person may be subject" for consistency and to eliminate unnecessary words.
In subsection (b)(2), the word "violator" is substituted for "the person found to have committed the violation" for consistency and to eliminate unnecessary words. The words "the penalty" are omitted as surplus.
In subsection (c)(1), the words "The Secretary may request the Attorney General to bring a civil action" are substituted for "in an action brought by the Attorney General on behalf of the United States" for clarity, to eliminate unnecessary words, and because of 28:2461 and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (d), the words "imposed or compromised under this section" are substituted for "of the penalty, when finally determined (or agreed upon in compromise)" to eliminate unnecessary words and for consistency. The words "liable for the penalty" are substituted for "charged" for clarity.
In subsection (f), the words "Separate penalties . . . prescribed under this chapter . . . may not be imposed under this chapter" are substituted for "Nothing in this title shall be construed to authorize . . . penalties" for clarity.
2012—Subsec. (a)(1). Pub. L. 112–90, §2(a)(1), substituted "$200,000" for "$100,000" and "$2,000,000" for "$1,000,000".
Subsec. (b)(1)(B). Pub. L. 112–90, §2(a)(2), struck out "the ability to pay," after "violations,".
2006—Subsec. (a)(1). Pub. L. 109–468 substituted "60114(b), 60114(d)," for "60114(b)".
2002—Subsec. (a)(1). Pub. L. 107–355, §21(3), substituted "section 60114(b)" for "section 60114(c)".
Pub. L. 107–355, §8(b)(1), substituted "$100,000" for "$25,000" and "$1,000,000" for "$500,000".
Subsec. (a)(3). Pub. L. 107–355, §6(b), added par. (3).
Subsec. (b). Pub. L. 107–355, §8(b)(2), substituted "under this section—" and pars. (1) and (2) for "under this section, the Secretary shall consider—
"(1) the nature, circumstances, and gravity of the violation;
"(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on ability to continue doing business;
"(3) good faith in attempting to comply; and
"(4) other matters that justice requires."
Pub. L. 107–355, §8(d), Dec. 17, 2002, 116 Stat. 2994, required the Comptroller General to study the actions, policies, and procedures of the Secretary of Transportation for assessing and collecting fines and penalties on operators of hazardous liquid and gas transmission pipelines, and to report, not later than 1 year after Dec. 17, 2002, the results of the study to certain committees of Congress.
(a)
(b)
(c)
(d)
(1) knowingly and willfully engages in an excavation activity—
(A) without first using an available one-call notification system to establish the location of underground facilities in the excavation area; or
(B) without paying attention to appropriate location information or markings the operator of a pipeline facility establishes; and
(2) subsequently damages—
(A) a pipeline facility that results in death, serious bodily harm, or actual damage to property of more than $50,000;
(B) a pipeline facility, and knows or has reason to know of the damage, but does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or
(C) a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product.
Penalties under this subsection may be reduced in the case of a violation that is promptly reported by the violator.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1325; Pub. L. 104–304, §§14, 18(b)(1), Oct. 12, 1996, 110 Stat. 3803, 3804; Pub. L. 107–56, title VIII, §§810(h), 811(k), Oct. 26, 2001, 115 Stat. 381, 382; Pub. L. 107–355, §§3(c), 8(c), 21(4), Dec. 17, 2002, 116 Stat. 2986, 2994, 3010.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60123(a) | 49 App.:1679a(c)(1). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(c)(1); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992; Oct. 24, 1992, Pub. L. 102–508, §304(b), 106 Stat. 3308. |
49 App.:2007(c)(1). | Nov. 30, 1979, Pub. L. 96–129, §208(c)(1), (2), 93 Stat. 1010. | |
60123(b) | 49 App.:1679a(c)(2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(c)(2); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992. |
49 App.:2007(c)(2). | ||
60123(c) | 49 App.:1679a(c)(3). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(c)(3); added Oct. 31, 1988, Pub. L. 100–561, §107, 102 Stat. 2807. |
49 App.:2007(c)(3). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §208(c)(3); added Oct. 31, 1988, Pub. L. 100–561, §206, 102 Stat. 2811. | |
60123(d) | 49 App.:1687(g). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §20(g); added Oct. 24, 1992, Pub. L. 102–508, §304(a), 106 Stat. 3307. |
In this section, the words "upon conviction . . . subject, for each offense, to" and "a term" are omitted as surplus.
In subsections (a)–(c), the words "fined under title 18" are substituted for "a fine of not more than $25,000" and "a fine of not more than $5,000" for consistency with title 18.
In subsection (a), the word "prescribed" is added for consistency in the revised title and with other titles of the United States Code. The words "including any order issued under section 1677(b) and 1679b(b) of this Appendix" in 49 App.:1679a(c)(1) and "including any order issued under section 2006(b) or 2008(b) of the Appendix" in 49 App.:2007(c)(1) are omitted as surplus.
In subsection (b), the word "damaging" is substituted for "injures", and the word "damage" is substituted for "injure", for clarity.
2002—Subsec. (a). Pub. L. 107–355, §21(4), substituted "60114(b)" for "60114(c)".
Subsec. (b). Pub. L. 107–355, §8(c), substituted "gas pipeline facility, an" for "gas pipeline facility or" and inserted ", or either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility that is used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce" after "liquid pipeline facility".
Subsec. (d). Pub. L. 107–355, §3(c)(1), (4), struck out "knowingly and willfully" after "if the person" in introductory provisions and inserted concluding provisions.
Subsec. (d)(1). Pub. L. 107–355, §3(c)(2), inserted "knowingly and willfully" before "engages".
Subsec. (d)(2)(B). Pub. L. 107–355, §3(c)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: "a pipeline facility that does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or".
2001—Subsec. (b). Pub. L. 107–56 struck out ", or attempting to damage or destroy," before "an interstate gas pipeline facility", inserted ", or attempting or conspiring to do such an act," before "shall be fined under title 18," and substituted "20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life." for "15 years, or both."
1996—Subsec. (a). Pub. L. 104–304, §18(b)(1), substituted ", 60118(a), or 60128" for "or 60118(a)".
Subsec. (d)(2). Pub. L. 104–304, §14, added subpar. (B) and redesignated former subpar. (B) as (C).
(a)
(1) a thorough compilation of the leak repairs, accidents, and casualties and a statement of cause when investigated and established by the National Transportation Safety Board.
(2) a list of applicable pipeline safety standards prescribed under this chapter including identification of standards prescribed during the year.
(3) a summary of the reasons for each waiver granted under section 60118(c) and (d) of this title.
(4) an evaluation of the degree of compliance with applicable safety standards, including a list of enforcement actions and compromises of alleged violations by location and company name.
(5) a summary of outstanding problems in carrying out this chapter, in order of priority.
(6) an analysis and evaluation of—
(A) research activities, including their policy implications, completed as a result of the United States Government and private sponsorship;
(B) technological progress in safety achieved; and
(C) a summary of each research and development project carried out with Federal and non-Federal entities pursuant to section 12 of the Pipeline Safety Improvement Act of 2002 and a review of how the project affects safety.
(7) a list, with a brief statement of the issues, of completed or pending judicial actions under this chapter.
(8) the extent to which technical information was distributed to the scientific community and consumer-oriented information was made available to the public.
(9) a compilation of certifications filed under section 60105 of this title that were—
(A) in effect; or
(B) rejected in any part by the Secretary and a summary of the reasons for each rejection.
(10) a compilation of agreements made under section 60106 of this title that were—
(A) in effect; or
(B) ended in any part by the Secretary and a summary of the reasons for ending each agreement.
(11) a description of the number and qualifications of State pipeline safety inspectors in each State for which a certification under section 60105 of this title or an agreement under section 60106 of this title is in effect and the number and qualifications of inspectors the Secretary recommends for that State.
(12) recommendations for legislation the Secretary considers necessary—
(A) to promote cooperation among the States in improving—
(i) gas pipeline safety; or
(ii) hazardous liquid pipeline safety programs; and
(B) to strengthen the national gas pipeline safety program.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1326; Pub. L. 104–66, title I, §1121(l), Dec. 21, 1995, 109 Stat. 724; Pub. L. 104–304, §15(a), Oct. 12, 1996, 110 Stat. 3803; Pub. L. 114–183, §22(b)(1), June 22, 2016, 130 Stat. 529.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60124(a) | 49 App.:1683(a). | Aug. 12, 1968, Pub. L. 90–481, §16(a), 82 Stat. 728; Oct. 11, 1976, Pub. L. 94–477, §7, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, §§104(b), 107, 109(l), (m), 93 Stat. 992, 995, 997; Oct. 11, 1984, Pub. L. 98–464, §3(a), 98 Stat. 1821; Oct. 24, 1992, Pub. L. 102–508, §110(b), 106 Stat. 3295. |
49 App.:1683(b). | Aug. 12, 1968, Pub. L. 90–481, §16(b), 82 Stat. 728; Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992. | |
49 App.:2012(a). | Nov. 30, 1979, Pub. L. 96–129, §213(a), 93 Stat. 1013; Oct. 11, 1984, Pub. L. 98–464, §3(b), 98 Stat. 1821; Oct. 24, 1992, Pub. L. 102–508, §209(b), 106 Stat. 3304. | |
49 App.:2012(b). | Nov. 30, 1979, Pub. L. 96–129, §213(b), (c), 93 Stat. 1014. | |
60124(b) | 49 App.:2012(c). |
In subsection (a), before clause (1), the words "prepare and" and "comprehensive" are omitted as surplus. The words "the following information" are added for clarity. The words "about the prior year" are substituted for "occurring in such year", "established or in effect in such year", "during such year", and "during the preceding calendar year" to eliminate unnecessary words. In clause (2), the word "Federal" is omitted as surplus. The word "prescribed" is substituted for "established or in effect" and "established" for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. The word "newly" is omitted as surplus. In clause (4), the words "for the transportation of gas and pipeline facilities" in 49 App.:1683(a)(4) and "for the transportation of hazardous liquids and pipeline facilities" in 49 App.:2012(a)(4) are omitted because of the restatement. In clause (5), the words "in carrying out" are substituted for "confronting the administration of" for consistency. In clause (9), before subclause (A), the words "by State agencies (including municipalities)" are omitted as surplus. In clauses (9)(B) and (10)(B), the words "in any part" are added for clarity. In clause (10), before subclause (A), the words "with State agencies (including municipalities)" are omitted as surplus. In clause (12), before subclause (A), the word "additional" is omitted as surplus. In subclause (A), the word "several" is omitted as surplus.
In subsection (b), the words "annual" and "the report requirements of" are omitted as surplus.
Section 12 of the Pipeline Safety Improvement Act of 2002, referred to in subsec. (a)(6)(C), is section 12 of Pub. L. 107–355, which is set out as a note under section 60101 of this title.
2016—Subsec. (a)(6)(C). Pub. L. 114–183 added subpar. (C).
1996—Pub. L. 104–304, §15(a)(1), substituted "Biennial" for "Annual" in section catchline.
Subsec. (a). Pub. L. 104–304, §15(a)(2), inserted first sentence and struck out former first sentence which read as follows: "The Secretary of Transportation shall submit to Congress not later than August 15 of each odd-numbered year a report on carrying out this chapter for the prior calendar year for gas and a report on carrying out this chapter for the prior calendar year for hazardous liquid."
1995—Subsec. (a). Pub. L. 104–66 substituted "of each odd-numbered year" for "of each year" in first sentence of introductory provisions.
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 7th and 9th items on page 135 identify reporting provisions which, as subsequently amended, are contained in this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
(a)
(1)
(A) $124,500,000 for fiscal year 2016, of which $9,000,000 shall be expended for carrying out such section 12 and $39,385,000 shall be expended for making grants;
(B) $128,000,000 for fiscal year 2017 1 of which $9,000,000 shall be expended for carrying out such section 12 and $41,885,000 shall be expended for making grants;
(C) $131,000,000 for fiscal year 2018, of which $9,000,000 shall be expended for carrying out such section 12 and $44,885,000 shall be expended for making grants; and
(D) $134,000,000 for fiscal year 2019, of which $9,000,000 shall be expended for carrying out such section 12 and $47,885,000 shall be expended for making grants.
(2)
(A) $22,123,000 for fiscal year 2016, of which $3,000,000 shall be expended for carrying out such section 12 and $8,067,000 shall be expended for making grants;
(B) $22,123,000 for fiscal year 2017, of which $3,000,000 shall be expended for carrying out such section 12 and $8,067,000 shall be expended for making grants;
(C) $23,000,000 for fiscal year 2018, of which $3,000,000 shall be expended for carrying out such section 12 and $8,067,000 shall be expended for making grants; and
(D) $23,000,000 for fiscal year 2019, of which $3,000,000 shall be expended for carrying out such section 12 and $8,067,000 shall be expended for making grants.
(3)
(b)
(1)
(2)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1327; Pub. L. 104–304, §21, Oct. 12, 1996, 110 Stat. 3805; Pub. L. 107–355, §22, Dec. 17, 2002, 116 Stat. 3010; Pub. L. 109–468, §18(a)–(c), Dec. 29, 2006, 120 Stat. 3497, 3498; Pub. L. 112–90, §32(a), (b), Jan. 3, 2012, 125 Stat. 1922; Pub. L. 114–183, §2(a), June 22, 2016, 130 Stat. 514.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60125(a) | 49 App.:1684(a) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, §17(a), 82 Stat. 729; Aug. 22, 1972, Pub. L. 92–401, §4, 86 Stat. 616; Aug. 30, 1974, Pub. L. 93–403, §3, 88 Stat. 802; Oct. 11, 1976, Pub. L. 94–477, §2(1), 90 Stat. 2073; restated Nov. 30, 1979, Pub. L. 96–129, §§104(b), 108, 93 Stat. 992, 996; Oct. 11, 1984, Pub. L. 98–464, §1(a), 98 Stat. 1821; Apr. 7, 1986, Pub. L. 99–272, §§7001, 7002(b)(4), 100 Stat. 139; Oct. 22, 1986, Pub. L. 99–516, §1(a), 100 Stat. 2965; Oct. 31, 1988, Pub. L. 100–561, §§110, 303(b)(2), 102 Stat. 2809, 2816; Oct. 24, 1992, Pub. L. 102–508, §114, 106 Stat. 3296. |
60125(b) | 49 App.:2013(a) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §214(a), 93 Stat. 1014; Oct. 11, 1984, Pub. L. 98–464, §2(a), 98 Stat. 1821; Apr. 7, 1986, Pub. L. 99–272, §§7002(b)(3), 7004, 100 Stat. 139, 140; Oct. 22, 1986, Pub. L. 99–516, §2, 100 Stat. 2965; Oct. 31, 1988, Pub. L. 100–561, §210, 102 Stat. 2812; Oct. 24, 1992, Pub. L. 102–508, §214, 106 Stat. 3305. |
60125(c)(1) | 49 App.:1684(c). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §17(c); added Apr. 7, 1986, Pub. L. 99–272, §7002(a), 100 Stat. 139; Oct. 22, 1986, Pub. L. 99–516, §1(b), 100 Stat. 2965; Oct. 31, 1988, Pub. L. 100–561, §301(a), 102 Stat. 2813; Oct. 24, 1992, Pub. L. 102–508, §301, 106 Stat. 3307. |
60125(c)(2), (3) | 49 App.:1684(d). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §17(d); added Apr. 7, 1986, Pub. L. 99–272, §7002(a), 100 Stat. 139; Oct. 31, 1988, Pub. L. 100–561, §301(b), 102 Stat. 2813. |
60125(d) | 49 App.:1687(f). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §20(f); added Oct. 31, 1988, Pub. L. 100–561, §303(a), 102 Stat. 2816. |
60125(e) | 49 App.:1684(a) (2d, last sentences). | |
49 App.:2013(a) (last sentence). | ||
60125(f) | 49 App.:1684(e). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §17(e); added Oct. 31, 1988, Pub. L. 100–561, §301(c), 102 Stat. 2814. |
In this section, references to fiscal years ending September 30, 1980, 1981, and 1985–1992, are omitted as expired.
In subsection (a), the words "(except sections 60107 and 60114(b))" are substituted for "(other than provisions for which funds are authorized to be appropriated under subsection . . . (c) of this section or section 1687 of this Appendix)" to eliminate unnecessary words. The reference to subsection (b) is omitted as obsolete.
In subsection (b), the words "(except sections 60107" are substituted for "(other than provisions for which funds are authorized to be appropriated under . . . section 1684(c) of this Appendix)" to eliminate unnecessary words. The words "subsection (b) of this section or" are omitted as obsolete. The reference to section 60114(b) of the revised title is added for clarity.
In subsection (c)(1) and (2), the words "the Federal grants-in-aid provisions of" are omitted as surplus.
In subsection (c)(3), the words "the amount of" are omitted as surplus. The word "program" is added for consistency in this chapter. The words "made to a State" are omitted as surplus.
In subsection (e), the text of 49 App.:1684(a) (last sentence) is omitted as expired.
In subsection (f)(5), the words "made available" are omitted as surplus.
2016—Subsec. (a)(1). Pub. L. 114–183, §2(a)(1), substituted "there is authorized to be appropriated to the Department of Transportation from fees collected under section 60301—" for "there is authorized to be appropriated to the Department of Transportation for each of fiscal years 2012 through 2015, from fees collected under section 60301, $90,679,000, of which $4,746,000 is for carrying out such section 12 and $36,194,000 is for making grants." and added subpars. (A) to (D).
Subsec. (a)(2). Pub. L. 114–183, §2(a)(2), substituted "there is authorized to be appropriated from the Oil Spill Liability Trust Fund to carry out the provisions of this chapter related to hazardous liquid and section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355)—" for "there is authorized to be appropriated for each of fiscal years 2012 through 2015 from the Oil Spill Liability Trust Fund to carry out the provisions of this chapter related to hazardous liquid and section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), $18,573,000, of which $2,174,000 is for carrying out such section 12 and $4,558,000 is for making grants." and added subpars. (A) to (D).
Subsec. (a)(3). Pub. L. 114–183, §2(a)(3), added par. (3).
2012—Subsec. (a). Pub. L. 112–90, §32(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized appropriations and trust fund amounts for gas and hazardous liquid transportation for fiscal years 2007 through 2010.
Subsec. (b)(2). Pub. L. 112–90, §32(b), substituted "2012 through 2015" for "2007 through 2010".
2006—Subsec. (a). Pub. L. 109–468, §18(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized appropriations for gas and hazardous liquid transportation for fiscal years 2003 through 2006.
Subsec. (b). Pub. L. 109–468, §18(b), redesignated subsec. (d) as (b) and struck out former subsec. (b) which limited appropriation amounts for fiscal years 2003 through 2006 to carry out section 60107 of this title.
Subsec. (b)(1). Pub. L. 109–468, §18(c)(1), inserted at end "To the extent that such grants are used to train emergency responders, such training shall ensure that emergency responders have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving gas or hazardous liquid pipelines, in accordance with existing regulations."
Subsec. (b)(2). Pub. L. 109–468, §18(c)(2), substituted "$10,000,000" for "$6,000,000" and "2007 through 2010" for "2003 through 2006".
Subsec. (c). Pub. L. 109–468, §18(b), redesignated subsec. (e) as (c) and struck out heading and text of former subsec. (c). Text read as follows: "Of the amounts available in the Oil Spill Liability Trust Fund, $8,000,000 shall be transferred to the Secretary of Transportation, as provided in appropriation Acts, to carry out programs authorized in this chapter for each of fiscal years 2003 through 2006."
Subsecs. (d), (e). Pub. L. 109–468, §18(b), redesignated subsecs. (d) and (e) as (b) and (c), respectively.
2002—Subsec. (a). Pub. L. 107–355, §22(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "To carry out this chapter (except for sections 60107 and 60114(b)) related to gas and hazardous liquid, there are authorized to be appropriated to the Department of Transportation—
"(1) $19,448,000 for fiscal year 1996;
"(2) $20,028,000 for fiscal year 1997, of which $14,600,000 is to be derived from user fees for fiscal year 1997 collected under section 60301 of this title;
"(3) $20,729,000 for fiscal year 1998, of which $15,100,000 is to be derived from user fees for fiscal year 1998 collected under section 60301 of this title;
"(4) $21,442,000 for fiscal year 1999, of which $15,700,000 is to be derived from user fees for fiscal year 1999 collected under section 60301 of this title; and
"(5) $22,194,000 for fiscal year 2000, of which $16,300,000 is to be derived from user fees for fiscal year 2000 collected under section 60301 of this title."
Subsec. (b). Pub. L. 107–355, §22(b)(1), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:
"(b)
"(1) $1,728,500 for the fiscal year ending September 30, 1993.
"(2) $1,866,800 for the fiscal year ending September 30, 1994.
"(3) $2,000,000 for the fiscal year ending September 30, 1995."
Subsec. (b)(1). Pub. L. 107–355, §22(b)(2), added subpars. (A) to (D) and struck out former subpars. (A) to (H) which read as follows:
"(A) $7,750,000 for the fiscal year ending September 30, 1993.
"(B) $9,000,000 for the fiscal year ending September 30, 1994.
"(C) $10,000,000 for the fiscal year ending September 30, 1995.
"(D) $12,000,000 for fiscal year 1996.
"(E) $14,000,000 for fiscal year 1997, of which $12,500,000 is to be derived from user fees for fiscal year 1997 collected under section 60301 of this title.
"(F) $14,490,000 for fiscal year 1998, of which $12,900,000 is to be derived from user fees for fiscal year 1998 collected under section 60301 of this title.
"(G) $15,000,000 for fiscal year 1999, of which $13,300,000 is to be derived from user fees for fiscal year 1999 collected under section 60301 of this title.
"(H) $15,524,000 for fiscal year 2000, of which $13,700,000 is to be derived from user fees for fiscal year 2000 collected under section 60301 of this title."
Subsec. (c). Pub. L. 107–355, §22(c), added subsec. (c). Former subsec. (c) redesignated (b).
Subsec. (d). Pub. L. 107–355, §22(b)(1), (c), added subsec. (d) and struck out former subsec. (d) which read as follows:
"(d)
Subsec. (e). Pub. L. 107–355, §22(d), struck out "or (b) of this section" after "under subsection (a)".
Subsec. (f). Pub. L. 107–355, §22(b)(1), struck out subsec. (f) which read as follows:
"(f)
"(2) A grant under this subsection is available to a State that after December 31, 1987—
"(A) undertakes a new responsibility under section 60105 of this title; or
"(B) implements a one-call damage prevention program established under State law.
"(3) This subsection does not authorize a State to receive more than 50 percent of its allowable pipeline safety costs from a grant under this chapter.
"(4) A State may receive not more than $75,000 under this subsection.
"(5) Amounts under this subsection remain available until expended."
1996—Subsec. (a). Pub. L. 104–304, §21(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows:
"(a)
"(1) $6,857,000 for the fiscal year ending September 30, 1993.
"(2) $7,000,000 for the fiscal year ending September 30, 1994.
"(3) $7,500,000 for the fiscal year ending September 30, 1995."
Subsec. (c)(1). Pub. L. 104–304, §21(b), added subpars. (D) to (H).
1 So in original. Probably should be followed by a comma.
(a)
(1)
(A) to demonstrate, through the voluntary participation by owners and operators of gas pipeline facilities and hazardous liquid pipeline facilities, the application of risk management; and
(B) to evaluate the safety and cost-effectiveness of the program.
(2)
(A) may exempt an owner or operator of the pipeline facility covered under the project (referred to in this subsection as a "covered pipeline facility"), from the applicability of all or a portion of the requirements under this chapter that would otherwise apply to the covered pipeline facility; and
(B) shall exempt, for the period of the project, an owner or operator of the covered pipeline facility, from the applicability of any new standard that the Secretary promulgates under this chapter during the period of that participation, with respect to the covered facility.
(b)
(1) invite owners and operators of pipeline facilities to submit risk management plans for timely approval by the Secretary;
(2) require, as a condition of approval, that a risk management plan submitted under this subsection contain measures that are designed to achieve an equivalent or greater overall level of safety than would otherwise be achieved through compliance with the standards contained in this chapter or promulgated by the Secretary under this chapter;
(3) provide for—
(A) collaborative government and industry training;
(B) methods to measure the safety performance of risk management plans;
(C) the development and application of new technologies;
(D) the promotion of community awareness concerning how the overall level of safety will be maintained or enhanced by the demonstration project;
(E) the development of models that categorize the risks inherent to each covered pipeline facility, taking into consideration the location, volume, pressure, and material transported or stored by that pipeline facility;
(F) the application of risk assessment and risk management methodologies that are suitable to the inherent risks that are determined to exist through the use of models developed under subparagraph (E);
(G) the development of project elements that are necessary to ensure that—
(i) the owners and operators that participate in the demonstration project demonstrate that they are effectively managing the risks referred to in subparagraph (E); and
(ii) the risk management plans carried out under the demonstration project under this subsection can be audited;
(H) a process whereby an owner or operator of a pipeline facility is able to terminate a risk management plan or, with the approval of the Secretary, to amend, modify, or otherwise adjust a risk management plan referred to in paragraph (1) that has been approved by the Secretary pursuant to that paragraph to respond to—
(i) changed circumstances; or
(ii) a determination by the Secretary that the owner or operator is not achieving an overall level of safety that is at least equivalent to the level that would otherwise be achieved through compliance with the standards contained in this chapter or promulgated by the Secretary under this chapter;
(I) such other elements as the Secretary, with the agreement of the owners and operators that participate in the demonstration project under this section, determines to further the purposes of this section; and
(J) an opportunity for public comment in the approval process; and
(4) in selecting participants for the demonstration project, take into consideration the past safety and regulatory performance of each applicant who submits a risk management plan pursuant to paragraph (1).
(c)
(d)
(e)
(1) an evaluation of each such demonstration project, including an evaluation of the performance of each participant in that project with respect to safety and environmental protection; and
(2) recommendations concerning whether the applications of risk management demonstrated under the demonstration project should be incorporated into the Federal pipeline safety program under this chapter on a permanent basis.
(Added Pub. L. 104–304, §5(a), Oct. 12, 1996, 110 Stat. 3798.)
General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
(a)
(b)
(1) to determine effective practices to limit encroachment on existing pipeline rights-of-way;
(2) to address and prevent the hazards and risks to the public, pipeline workers, and the environment associated with encroachment on pipeline rights-of-way;
(3) to raise the awareness of the risks and hazards of encroachment on pipeline rights-of-way; and
(4) to address how to best preserve environmental resources in conjunction with maintaining pipeline rights-of-way, recognizing pipeline operators' regulatory obligations to maintain rights-of-way and to protect public safety.
(c)
(1) The legal authority of Federal agencies and State and local governments in controlling land use and the limitations on such authority.
(2) The current practices of Federal agencies and State and local governments in addressing land use issues involving a pipeline easement.
(3) The most effective way to encourage Federal agencies and State and local governments to monitor and reduce encroachment upon pipeline rights-of-way.
(d)
(1)
(2)
(A) Congress and appropriate Federal agencies; and
(B) States for further distribution to appropriate local authorities.
(3)
(Added Pub. L. 104–304, §16(a), Oct. 12, 1996, 110 Stat. 3803; amended Pub. L. 107–355, §11(a), Dec. 17, 2002, 116 Stat. 2996.)
The date of enactment of this subsection, referred to in subsec. (d)(1), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
2002—Pub. L. 107–355 substituted "Population encroachment and rights-of-way" for "Population encroachment" in section catchline and amended text generally. Prior to amendment, text read as follows:
"(a)
"(b)
"(1) evaluate the recommendations in the report referred to in subsection (a);
"(2) determine to what extent the recommendations are being implemented;
"(3) consider ways to improve the implementation of the recommendations; and
"(4) consider other initiatives to further improve awareness of local planning and zoning entities regarding issues involved with population encroachment in proximity to the rights-of-way of any interstate gas pipeline facility or interstate hazardous liquid pipeline facility."
(a)
(b)
(Added Pub. L. 104–304, §18(a), Oct. 12, 1996, 110 Stat. 3804.)
(a)
(1)
(A) provided, caused to be provided, or is about to provide or cause to be provided, to the employer or the Federal Government information relating to any violation or alleged violation of any order, regulation, or standard under this chapter or any other Federal law relating to pipeline safety;
(B) refused to engage in any practice made unlawful by this chapter or any other Federal law relating to pipeline safety, if the employee has identified the alleged illegality to the employer;
(C) provided, caused to be provided, or is about to provide or cause to be provided, testimony before Congress or at any Federal or State proceeding regarding any provision (or proposed provision) of this chapter or any other Federal law relating to pipeline safety;
(D) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this chapter or any other Federal law relating to pipeline safety, or a proceeding for the administration or enforcement of any requirement imposed under this chapter or any other Federal law relating to pipeline safety;
(E) provided, caused to be provided, or is about to provide or cause to be provided, testimony in any proceeding described in subparagraph (D); or
(F) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of this chapter or any other Federal law relating to pipeline safety.
(2)
(A) a person owning or operating a pipeline facility; or
(B) a contractor or subcontractor of such a person.
(b)
(1)
(2)
(A)
(B)
(i)
(ii)
(iii)
(iv)
(3)
(A)
(B)
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to his or her former position together with the compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and
(iii) provide compensatory damages to the complainant.
If such an order is issued under this paragraph, the Secretary of Labor, at the request of the complainant, shall assess against the person or persons against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorney's and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by the complainant for, or in connection with, the bringing the complaint upon which the order was issued.
(C)
(4)
(A)
(B)
(5)
(6)
(A)
(B)
(c)
(d)
(Added Pub. L. 107–355, §6(a), Dec. 17, 2002, 116 Stat. 2989.)
(a)
(1)
(2)
(3)
(A) the technical findings made possible by the grants are made available to the relevant operators; and
(B) open communication between the grant recipients, local operators, local communities, and other interested parties is encouraged.
(4)
(b)
(c)
(Added Pub. L. 107–355, §9(a), Dec. 17, 2002, 116 Stat. 2994; amended Pub. L. 109–468, §5, Dec. 29, 2006, 120 Stat. 3490; Pub. L. 112–90, §32(e), Jan. 3, 2012, 125 Stat. 1923; Pub. L. 113–188, title XV, §1501(c), Nov. 26, 2014, 128 Stat. 2024; Pub. L. 114–183, §§2(d), 20(a), June 22, 2016, 130 Stat. 516, 527.)
Public Law 93–153, referred to in subsec. (a)(1), is Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 576, as amended. Title II of the Act, known as the Trans-Alaska Pipeline Authorization Act, is classified generally to chapter 34 (§1651 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of Title 43 and Tables.
Section 2(b) of the PIPES Act of 2016, referred to in subsec. (c), is section 2(b) of Pub. L. 114–183, June 22, 2016, 130 Stat. 515, which is not classified to the Code.
2016—Subsec. (a)(4). Pub. L. 114–183, §20(a), inserted "on technical pipeline safety issues" after "public participation".
Subsec. (c). Pub. L. 114–183, §2(d), substituted "Of the amounts made available under section 2(b) of the PIPES Act of 2016, the Secretary shall expend $1,500,000 for each of fiscal years 2016 through 2019 to carry out this section." for "There is authorized to be appropriated to the Secretary of Transportation for carrying out this section $1,500,000 for each of fiscal years 2012 through 2015."
2014—Subsecs. (c), (d). Pub. L. 113–188 redesignated subsec. (d) as (c) and struck out former subsec. (c) which required annual reports on grants made under this section.
2012—Subsec. (a)(1). Pub. L. 112–90, §32(e)(1), substituted "$100,000" for "$50,000".
Subsec. (b). Pub. L. 112–90, §32(e)(2), inserted "to grant recipients and their contractors" after "this section" and ", for direct advocacy for or against a pipeline construction or expansion project," after "for lobbying".
Subsec. (d). Pub. L. 112–90, §32(e)(3), substituted "$1,500,000 for each of fiscal years 2012 through 2015" for "$1,000,000 for each of the fiscal years 2003 through 2010".
2006—Subsec. (a)(1). Pub. L. 109–468, §5(1), substituted "No grants may be awarded under section 60114(g) until the Secretary has established competitive" for "The Secretary shall establish competitive".
Subsec. (a)(2) to (4). Pub. L. 109–468, §5(2), (3), added pars. (2) and (3) and redesignated former par. (2) as (4).
Subsec. (d). Pub. L. 109–468, §5(4), substituted "2010" for "2006".
(a)
(b)
(1)
(2)
(A) The establishment of methods for evaluating the acceptability of the qualifications of individuals described in subsection (a).
(B) A requirement that pipeline operators develop and implement written plans and procedures to qualify individuals described in subsection (a) to a level found acceptable using the methods established under subparagraph (A) and evaluate the abilities of individuals described in subsection (a) according to such methods.
(C) A requirement that the plans and procedures adopted by a pipeline operator under subparagraph (B) be reviewed and verified under subsection (e).
(c)
(d)
(1) A method for examining or testing the qualifications of individuals described in subsection (a). The method may include written examination, oral examination, observation during on-the-job performance, on-the-job training, simulations, and other forms of assessment. The method may not be limited to observation of on-the-job performance, except with respect to tasks for which the Secretary has determined that such observation is the best method of examining or testing qualifications. The Secretary shall ensure that the results of any such observations are documented in writing.
(2) A requirement that the operator complete the qualification of all individuals described in subsection (a) not later than 18 months after the date of adoption of the qualification program.
(3) A periodic requalification component that provides for examination or testing of individuals in accordance with paragraph (1).
(4) A program to provide training, as appropriate, to ensure that individuals performing covered tasks have the necessary knowledge and skills to perform the tasks in a manner that ensures the safe operation of pipeline facilities.
(e)
(1)
(2)
(3)
(4)
(5)
(6)
(f)
(g)
(1) with respect to a gas pipeline facility, has the meaning such term has under section 192.801 of title 49, Code of Federal Regulations, including any subsequent modifications; and
(2) with respect to a hazardous liquid pipeline facility, has the meaning such term has under section 195.501 of such title, including any subsequent modifications.
(h)
(Added Pub. L. 107–355, §13(a)(1), Dec. 17, 2002, 116 Stat. 2999.)
The date of enactment of this section, referred to in subsecs. (b)(1), (c), (e)(2), (6), and (h), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
Pub. L. 107–355, §13(b), Dec. 17, 2002, 116 Stat. 3001, provided that:
"(1)
"(A) develop tests and other requirements for certifying the qualifications of individuals who operate computer-based systems for controlling the operations of pipelines; and
"(B) establish and carry out a pilot program for 3 pipeline facilities under which the individuals operating computer-based systems for controlling the operations of pipelines at such facilities are required to be certified under the process established under subparagraph (A).
"(2)
"(A) a description of the pilot program and implementation of the pilot program at each of the 3 pipeline facilities;
"(B) an evaluation of the pilot program, including the effectiveness of the process for certifying individuals who operate computer-based systems for controlling the operations of pipelines;
"(C) any recommendations of the Secretary for requiring the certification of all individuals who operate computer-based systems for controlling the operations of pipelines; and
"(D) an assessment of the ramifications of requiring the certification of other individuals performing safety-sensitive functions for a pipeline facility.
"(3)
(a)
(1) Geospatial data appropriate for use in the National Pipeline Mapping System or data in a format that can be readily converted to geospatial data.
(2) The name and address of the person with primary operational control to be identified as its operator for purposes of this chapter.
(3) A means for a member of the public to contact the operator for additional information about the pipeline facilities it operates.
(4) Any other geospatial or technical data, including design and material specifications, that the Secretary determines are necessary to carry out the purposes of this section. The Secretary shall give reasonable notice to operators that the data are being requested.
(b)
(c)
(d)
(1) maintain, as part of the National Pipeline Mapping System, a map of designated high-consequence areas (as described in section 60109(a)) in which pipelines are required to meet integrity management program regulations, excluding any proprietary or sensitive security information; and
(2) update the map biennially.
(e)
(f)
(Added Pub. L. 107–355, §15(a), Dec. 17, 2002, 116 Stat. 3005; amended Pub. L. 112–90, §§6(a), 11, Jan. 3, 2012, 125 Stat. 1909, 1913.)
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 112–90, which was approved Jan. 3, 2012.
2012—Subsec. (a)(4). Pub. L. 112–90, §11(a), added par. (4).
Subsecs. (d), (e). Pub. L. 112–90, §6(a), added subsecs. (d) and (e).
Subsec. (f). Pub. L. 112–90, §11(b), added subsec. (f).
Pub. L. 112–90, §6(b), Jan. 3, 2012, 125 Stat. 1910, provided that:
"(1)
"(2)
[Terms used in section 6(b) of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title.]
(a)
(1)
(2)
(A) The Secretary of Transportation.
(B) The Administrator of the Environmental Protection Agency.
(C) The Director of the United States Fish and Wildlife Service.
(D) The Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration.
(E) The Director of the Bureau of Land Management.
(F) The Director of the Minerals Management Service.
(G) The Assistant Secretary of the Army for Civil Works.
(H) The Chairman of the Federal Energy Regulatory Commission.
(3)
(4)
(5)
(b)
(c)
(1) to require a pipeline operator to obtain a Federal permit, if no Federal permit would otherwise have been required under Federal law; or
(2) to preempt applicable Federal, State, or local environmental law.
(d)
(1)
(2)
(A) allowing the operator to implement such measures would be consistent with the protection of human health, public safety, and the environment;
(B) the operator, with respect to a particular repair project, has applied for and is pursuing diligently and in good faith all required Federal, State, and local permits to carry out the project; and
(C) the proposed alternative mitigation measures are not incompatible with pipeline safety.
(e)
(f)
(Added Pub. L. 107–355, §16(a), Dec. 17, 2002, 116 Stat. 3006.)
The date of enactment of this section, referred to in subsecs. (a)(1), (4) and (d)(1), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
The Minerals Management Service was abolished and functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010, and No. 3302 of June 18, 2010, and chapters II, V, and XII of title 30, Code of Federal Regulations, as revised by final rules of the Department of the Interior at 75 F.R. 61051 and 76 F.R. 64432.
(a)
(1) has in effect an annual certification under section 60105 or an agreement under section 60106;
(2)(A) has in effect an effective damage prevention program that meets the requirements of subsection (b); or
(B) demonstrates that it has made substantial progress toward establishing such a program, and that such program will meet the requirements of subsection (b); and
(3) does not provide any exemptions to municipalities, State agencies, or their contractors from the one-call notification system requirements of the program.
(b)
(1) Participation by operators, excavators, and other stakeholders in the development and implementation of methods for establishing and maintaining effective communications between stakeholders from receipt of an excavation notification until successful completion of the excavation, as appropriate.
(2) A process for fostering and ensuring the support and partnership of stakeholders, including excavators, operators, locators, designers, and local government in all phases of the program.
(3) A process for reviewing the adequacy of a pipeline operator's internal performance measures regarding persons performing locating services and quality assurance programs.
(4) Participation by operators, excavators, and other stakeholders in the development and implementation of effective employee training programs to ensure that operators, the one-call center, the enforcing agency, and the excavators have partnered to design and implement training for the employees of operators, excavators, and locators.
(5) A process for fostering and ensuring active participation by all stakeholders in public education for damage prevention activities.
(6) A process for resolving disputes that defines the State authority's role as a partner and facilitator to resolve issues.
(7) Enforcement of State damage prevention laws and regulations for all aspects of the damage prevention process, including public education, and the use of civil penalties for violations assessable by the appropriate State authority.
(8) A process for fostering and promoting the use, by all appropriate stakeholders, of improving technologies that may enhance communications, underground pipeline locating capability, and gathering and analyzing information about the accuracy and effectiveness of locating programs.
(9) A process for review and analysis of the effectiveness of each program element, including a means for implementing improvements identified by such program reviews.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(Added Pub. L. 109–468, §2(b)(2), Dec. 29, 2006, 120 Stat. 3487; amended Pub. L. 112–90, §§3(b), 32(d), Jan. 3, 2012, 125 Stat. 1906, 1923.)
2012—Subsec. (a)(3). Pub. L. 112–90, §3(b), added par. (3).
Subsec. (i). Pub. L. 112–90, §32(d), added subsec. (i).
Amendment by section 3(b) of Pub. L. 112–90 effective 2 years after Jan. 3, 2012, see section 3(c) of Pub. L. 112–90, set out as a note under section 6103 of this title.
(a)
(1) provide a monthly updated summary to the public of all gas and hazardous liquid pipeline enforcement actions taken by the Secretary or the Pipeline and Hazardous Materials Safety Administration, from the time a notice commencing an enforcement action is issued until the enforcement action is final;
(2) include in each such summary identification of the operator involved in the enforcement activity, the type of alleged violation, the penalty or penalties proposed, any changes in case status since the previous summary, the final assessment amount of each penalty, and the reasons for a reduction in the proposed penalty, if appropriate; and
(3) provide a mechanism by which a pipeline operator named in an enforcement action may make information, explanations, or documents it believes are responsive to the enforcement action available to the public.
(b)
(c)
(Added Pub. L. 109–468, §6(a), Dec. 29, 2006, 120 Stat. 3491.)
(a)
(b)
(c)
(d)
(e)
(Added Pub. L. 109–468, §8(a), Dec. 29, 2006, 120 Stat. 3492.)
(a)
(b)
(c)
(d)
(e)
(Added Pub. L. 109–468, §12(a), Dec. 29, 2006, 120 Stat. 3494.)
(a)
(1) maintain on file a copy of the most recent response plan (as defined in part 194 of title 49, Code of Federal Regulations) prepared by an owner or operator of a pipeline facility; and
(2) provide upon written request to a person a copy of the plan, which may exclude, as the Secretary determines appropriate—
(A) proprietary information;
(B) security-sensitive information, including information described in section 1520.5(a) of title 49, Code of Federal Regulations;
(C) specific response resources and tactical resource deployment plans; and
(D) the specific amount and location of worst case discharges (as defined in part 194 of title 49, Code of Federal Regulations), including the process by which an owner or operator determines the worst case discharge.
(b)
(Added Pub. L. 112–90, §6(c)(1), Jan. 3, 2012, 125 Stat. 1910.)
(a)
(1)
(2)
(3)
(b)
(1)
(2)
(c)
(1)
(A) require the owner or operator to reconfirm a maximum allowable operating pressure as expeditiously as economically feasible; and
(B) determine what actions are appropriate for the pipeline owner or operator to take to maintain safety until a maximum allowable operating pressure is confirmed.
(2)
(d)
(1)
(2)
(A) pressure testing; and
(B) other alternative methods, including in-line inspections, determined by the Secretary to be of equal or greater effectiveness.
(3)
(e)
(Added Pub. L. 112–90, §23(a), Jan. 3, 2012, 125 Stat. 1918.)
The date of enactment of this section, referred to in subsecs. (a)(1), (b)(1), and (d)(1), is the date of enactment of Pub. L. 112–90, which was approved Jan. 3, 2012.
(a)
(1)
(2)
(b)
(1)
(2)
(A)
(B)
(C)
(Added Pub. L. 112–90, §28(a), Jan. 3, 2012, 125 Stat. 1920.)
The date of enactment of this section, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 112–90, which was approved Jan. 3, 2012.
(a)
(b)
(1) consider consensus standards for the operation, environmental protection, and integrity management of underground natural gas storage facilities;
(2) consider the economic impacts of the regulations on individual gas customers;
(3) ensure that the regulations do not have a significant economic impact on end users; and
(4) consider the recommendations of the Aliso Canyon natural gas leak task force established under section 31 of the PIPES Act of 2016.
(c)
(d)
(1)
(2)
(A) to prescribe the location of an underground natural gas storage facility; or
(B) to require the Secretary's permission to construct a facility referred to in subparagraph (A).
(e)
(f)
(Added Pub. L. 114–183, §12(b), June 22, 2016, 130 Stat. 522.)
The date of enactment of the PIPES Act of 2016, referred to in subsecs. (a) and (d)(1), is the date of enactment of Pub. L. 114–183, which was approved June 22, 2016.
Section 31 of the PIPES Act of 2016, referred to in subsec. (b)(4), is section 31 of Pub. L. 114–183, June 22, 2016, 130 Stat. 533, which is not classified to the Code.
2016—Pub. L. 114–183, §12(d)(2), June 22, 2016, 130 Stat. 524, added item 60302.
(a)
(b)
(c)
(d)
(1)(A) related to a gas pipeline facility may be used only for an activity related to gas under chapter 601 of this title; and
(B) related to a hazardous liquid pipeline facility may be used only for an activity related to hazardous liquid under chapter 601 of this title; and
(2) may be used only to the extent provided in advance in an appropriation law.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1328.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60301(a) | 49 App.:1682a(a)(1), (d) (words after "subsection (a) of this section" and before "shall be sufficient"). | Apr. 7, 1986, Pub. L. 99–272, §7005, 100 Stat. 140. |
60301(b) | 49 App.:1682a(a)(3), (b). | |
60301(c) | 49 App.:1682a(a)(2). | |
60301(d) | 49 App.:1682a(c). | |
60301(e) | 49 App.:1682a(d) (less words after "subsection (a) of this section" and before "shall be sufficient"). |
In this section, the word "prescribe" is substituted for "establish" for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the words "(hereafter in this section referred to as the 'Secretary')" and "appropriate" are omitted as surplus.
In subsection (b), the words "after September 30, 1985" are omitted as obsolete. The words "imposed on each person" are substituted for "assessed to the persons" for consistency in the revised title and with other titles of the Code. The words "the jurisdiction of" and "assess and" are omitted as surplus.
In subsection (c), the words "the services of" are omitted as surplus. The words "department, agency, or instrumentality of the United States Government" are substituted for "Federal . . . agency or instrumentality" for consistency in the revised title and with other titles of the Code.
In subsection (e), the words "by the Secretary" are omitted as surplus. The words "beginning on October 1, 1985" are omitted as executed.
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
Pub. L. 104–304, §17, Oct. 12, 1996, 110 Stat. 3803, provided that:
"(a)
"(1) that measure of the resources of the Department of Transportation is the most appropriate measure of the resources used by the Department of Transportation in the regulation of pipeline transportation; or
"(2) another basis of assessment would be a more appropriate measure of those resources.
"(b)
(a)
(b)
(c)
(1)
(2)
(A) shall be deposited in the Underground Natural Gas Storage Facility Safety Account; and
(B) if the fee is related to an underground natural gas storage facility subject to section 60141, the amount of the fee may be used only for an activity related to underground natural gas storage facility safety.
(3)
(Added Pub. L. 114–183, §12(c), June 22, 2016, 130 Stat. 523.)
Except as provided in section 60502 of this title, the Secretary of Energy has the duties and powers related to the transportation of oil by pipeline that were vested on October 1, 1977, in the Interstate Commerce Commission or the chairman or a member of the Commission.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1329.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60501 | 42:7155. | Aug. 4, 1977, Pub. L. 95–91, §306, 91 Stat. 581. |
49:101 (note prec.). | Oct. 17, 1978, Pub. L. 95–473, §4(c)(1)(A), (2) (related to §306 of Department of Energy Organization Act), 92 Stat. 1470. |
The words "duties and powers . . . that were vested . . . in" are coextensive with, and substituted for, "transferred . . . such functions set forth in the Interstate Commerce Act and vested by law in" for clarity and to eliminate unnecessary words. The words "on October 1, 1977" are added to reflect the effective date of the transfer of the duties and powers to the Secretary of Energy.
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of this title.
The Federal Energy Regulatory Commission has the duties and powers related to the establishment of a rate or charge for the transportation of oil by pipeline or the valuation of that pipeline that were vested on October 1, 1977, in the Interstate Commerce Commission or an officer or component of the Interstate Commerce Commission.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1329.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60502 | 42:7172(b). | Aug. 4, 1977, Pub. L. 95–91, §402(b), 91 Stat. 584. |
49:101 (note prec.). | Oct. 17, 1978, Pub. L. 95–473, §4(c)(1)(B), (2) (related to §402(b) of Department of Energy Organization Act), 92 Stat. 1470. |
The words "duties and powers . . . that were vested . . . in" are coextensive with, and substituted for, "transferred to, and vested in . . . all functions and authority of" for clarity and to eliminate unnecessary words. The word "regulatory" is omitted as surplus. The words "on October 1, 1977" are added to reflect the effective date of the transfer of the duties and powers to the Federal Energy Regulatory Commission.
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of this title.
The enactment of the Act of October 17, 1978 (Public Law 95–473, 92 Stat. 1337), the Act of January 12, 1983 (Public Law 97–449, 96 Stat. 2413), and the Act enacting this section does not repeal, and has no substantive effect on, any right, obligation, liability, or remedy of an oil pipeline, including a right, obligation, liability, or remedy arising under the Interstate Commerce Act or the Act of August 29, 1916 (known as the Pomerene Bills of Lading Act), before any department, agency, or instrumentality of the United States Government, an officer or employee of the Government, or a court of competent jurisdiction.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1329.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
60503 | 49:101 (note prec.). | Oct. 31, 1988, Pub. L. 100–561, §308, 102 Stat. 2817. |
The words "the Act of January 12, 1983 (Public Law 97–449, 96 Stat. 2413), and the Act enacting this section" are added for clarity. The words "department, agency, or instrumentality of the United States Government" are substituted for "Federal department or agency", and the words "officer or employee" are substituted for "official", for consistency in the revised title and with other titles of the United States Code.
Act of October 17, 1978, referred to in text, is Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1337, the first section of which enacted subtitle IV of this title. For complete classification of this Act to the Code, see Tables.
Act of January 12, 1983, referred to in text, is Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, the first section of which enacted subtitles I and II of this title. For complete classification of this Act to the Code, see Tables.
The Act enacting this section, referred to in text, is Pub. L. 103–272, July 5, 1994, 108 Stat. 745, the first section of which enacted subtitles II, III, and V to X of this title. For complete classification of this Act to the Code, see Tables.
The Interstate Commerce Act, referred to in text, is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended, which was classified to chapters 1 (§1 et seq.), 8 (§301 et seq.), 12 (§901 et seq.), 13 (§1001 et seq.), and 19 (1231 et seq.) of former Title 49, Transportation. The Act was repealed by Pub. L. 95–473, §4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§10101 et seq.) of Title 49, Transportation. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
Act of August 29, 1916, referred to in text, is act Aug. 29, 1916, ch. 415, 39 Stat. 538, as amended, known as the Pomerene Bills of Lading Act, which was classified generally to chapter 4 (§81 et seq.) of former Title 49, and was repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as chapter 801 of this title.