§ 60101. — Definitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60101]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60101. Definitions
(a) General.--In this chapter--
(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; and
(B) 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''--
(A) means a gas pipeline facility--
(i) used to transport gas; and
(ii) 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 gas pipeline facility transporting
gas from an interstate gas pipeline in a State to a direct sales
customer in that State buying gas for its own consumption;
(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) 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.); and
(B) a gas pipeline facility transporting gas from an
interstate gas pipeline in a State to a direct sales customer in
that State buying gas for its own consumption;
(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 the gathering, transmission, or distribution of
gas by pipeline, or the storage of gas, in interstate or foreign
commerce; but
(B) does not include the gathering of gas, other than
gathering through regulated gathering lines, in those rural
locations that are located outside the limits of any
incorporated or unincorporated city, town, or village, or any
other designated residential or commercial area (including a
subdivision, business, shopping center, or community
development) or any similar populated area that the Secretary of
Transportation determines to be a nonrural area, except that the
term ``transporting gas'' includes the movement of gas through
regulated gathering lines;
(22) ``transporting hazardous liquid''--
(A) means 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; but
(B) does not include moving hazardous liquid through--
(i) 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; and
(25) ``Secretary'' means the Secretary of Transportation.
(b) Gathering Lines.--(1)(A) Not later than October 24, 1994, the
Secretary shall prescribe standards defining the term ``gathering
line''.
(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, Secs. 1(e), 4(s), July 5, 1994, 108 Stat. 1301, 1371;
Pub. L. 104-287, Sec. 5(90), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104-
304, Secs. 3, 20(f), Oct. 12, 1996, 110 Stat. 3793, 3805.)
Amendment of Subsection (a)(21) and (22)
Pub. L. 103-272, Sec. 4(s), July 5, 1994, 108 Stat. 1371,
provided that, effective on the date the regulations required under
subsec. (b) of this section are effective, subsection (a)(21) and
(22) of this section is amended to read as follows:
(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.
Historical and Revision Notes
Pub. L. 103-272, Sec. 1(e)
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60101(a)(1)........................... 49 App.:1671(10). Aug. 12, 1968, Pub. L. 90-481, Sec.
2(10), 82 Stat. 720; Oct. 11, 1976,
Pub. L. 94-477, Sec. 3(2), 90 Stat.
2073; Nov. 30, 1979, Pub. L. 96-129,
Sec. 151, 93 Stat. 998.
49 App.:1671(14). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 2(11)-(17); added Nov. 30,
1979, Pub. L. 96-129, Sec. 151, 93
Stat. 998.
49 App.:2001(11). Nov. 30, 1979, Pub. L. 96-129, Sec.
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, Sec.
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, Sec.
2(8), 82 Stat. 720; Oct. 11, 1976,
Pub. L. 94-477, Sec. 3(1), 90 Stat.
2073; Nov. 30, 1979, Pub. L. 96-129,
Sec. 109(b) (related to Sec. 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, Sec. 2(9); added Oct. 11, 1976,
Pub. L. 94-477, Sec. 3(2), 90 Stat.
2073; Nov. 30, 1979, Pub. L. 96-129,
Secs. 109(b) (related to Sec. 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, Sec.
2(3), 82 Stat. 720; Nov. 30, 1979,
Pub. L. 96-129, Sec. 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, Sec. 21; added Oct. 24, 1992,
Pub. L. 102-508, Sec. 109(b), 106
Stat. 3295.
49 App.:2016. Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 220; added Oct. 24, 1992,
Pub. L. 102-508, Sec. 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.
Pub. L. 103-272, Sec. 4(s)
----------------------------------------------------------------------------------------------------------------
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, Sec.
109(a), 106 Stat. 3294.
49 App.:2001 (note). Oct. 24, 1992, Pub. L. 102-508, Sec.
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).
Pub. L. 104-287
This amends 49:60101 for consistency with the style of title 49.
References in Text
The Natural Gas Act, referred to in subsecs. (a)(1)(A)(ii),
(6)(A)(ii), (9)(A) and (b)(1)(B)(ii), is act June 21, 1938, ch. 556, 52
Stat. 821, as amended, which is classified generally to chapter 15B
(Sec. 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.
Amendments
1996--Subsec. (a). Pub. L. 104-287 inserted heading.
Subsec. (a)(1) to (20). Pub. L. 104-304, Sec. 3(a)(1), substituted
semicolon for period at end of pars. (1) to (20).
Subsec. (a)(21)(B). Pub. L. 104-304, Sec. 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;''.
Pub. L. 104-304, Sec. 3(a)(1), substituted semicolon for period at
end.
Subsec. (a)(22). Pub. L. 104-304, Sec. 3(a)(1), substituted
semicolon for period at end.
Subsec. (a)(23) to (25). Pub. L. 104-304, Sec. 3(a)(3), added pars.
(23) to (25).
Subsec. (b)(1)(A). Pub. L. 104-304, Sec. 20(f), substituted
``prescribe standards defining'' for ``define by regulation''.
Subsec. (b)(2)(A). Pub. L. 104-304, Secs. 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''.
Effective Date of 1994 Amendment
Section 4(s) of Pub. L. 103-272 provided that the amendment made by
that section is effective on the date the regulation required under
subsec. (b) of this section is effective.
Short Title of 2002 Amendment
Pub. L. 107-355, Sec. 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'.''
Short Title of 1996 Amendment
Section 1 of Pub. L. 104-304 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'.''
Pipeline Integrity, Safety, and Reliability Research and Development
Pub. L. 107-355, Sec. 12, Dec. 17, 2002, 116 Stat. 2997, provided
that:
``(a) In General.--The heads of the participating agencies shall
carry out a program of research, development, demonstration, and
standardization to ensure the integrity of pipeline facilities.
``(b) Memorandum of Understanding.--
``(1) In general.--Not later than 120 days after the date of
enactment of this Act [Dec. 17, 2002], the heads of the
participating agencies shall enter into a memorandum of
understanding detailing their respective responsibilities in the
program authorized by subsection (a).
``(2) Areas of expertise.--Under the memorandum of
understanding, each of the participating agencies shall have the
primary responsibility for ensuring that the elements of the program
within its expertise are implemented in accordance with this
section. The Department of Transportation's responsibilities shall
reflect its lead role in pipeline safety and expertise in pipeline
inspection, integrity management, and damage prevention. The
Department of Energy's responsibilities shall reflect its expertise
in system reliability, low-volume gas leak detection, and
surveillance technologies. The National Institute of Standards and
Technology's responsibilities shall reflect its expertise in
materials research and assisting in the development of consensus
technical standards, as that term is used in section 12(d)(4)
[probably should be ``12(d)(5)''] of Public Law 104-13 [Pub. L. 104-
113] (15 U.S.C. 272 note).
``(c) Program Elements.--The program authorized by subsection (a)
shall include research, development, demonstration, and standardization
activities related to--
``(1) materials inspection;
``(2) stress and fracture analysis, detection of cracks,
corrosion, 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; and
``(10) other appropriate elements.
``(d) Program Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section [Dec. 17, 2002], the Secretary of
Transportation, in coordination with the Secretary of Energy and the
Director of the National Institute of Standards and Technology,
shall prepare and transmit to Congress a 5-year program plan to
guide activities under this section. Such program plan shall be
submitted to the Technical Pipeline Safety Standards Committee and
the Technical Hazardous Liquid Pipeline Safety Standards Committee
for review, and the report to Congress shall include the comments of
the committees. The 5-year program plan shall be based on the
memorandum of understanding under subsection (b) and take into
account related activities of other Federal agencies.
``(2) Consultation.--In preparing the program plan and selecting
and prioritizing appropriate project proposals, the Secretary of
Transportation shall consult with or seek the advice of appropriate
representatives of the natural gas, crude oil, and petroleum product
pipeline industries, utilities, manufacturers, institutions of
higher learning, Federal agencies, pipeline research institutions,
national laboratories, State pipeline safety officials, labor
organizations, environmental organizations, pipeline safety
advocates, and professional and technical societies.
``(e) Reports to Congress.--Not later than 1 year after the date of
enactment of this Act [Dec. 17, 2002], and annually thereafter, the
heads of the participating agencies shall transmit jointly to Congress a
report on the status and results to date of the implementation of the
program plan prepared under subsection (d).
``(f) Authorization of Appropriations.--
``(1) Department of transportation.--There is authorized to be
appropriated to the Secretary of Transportation for carrying out
this section $10,000,000 for each of the fiscal years 2003 through
2006.
``(2) Department of energy.--There is authorized to be
appropriated to the Secretary of Energy for carrying out this
section $10,000,000 for each of the fiscal years 2003 through 2006.
``(3) National institute of standards and technology.--There is
authorized to be appropriated to the Director of the National
Institute of Standards and Technology for carrying out this section
$5,000,000 for each of the fiscal years 2003 through 2006.
``(4) General revenue funding.--Any sums appropriated under this
subsection shall be derived from general revenues and may not be
derived from amounts collected under section 60301 of title 49,
United States Code.
``(g) Pipeline Integrity Program.--Of the amounts available in the
Oil Spill Liability Trust Fund established by section 9509 of the
Internal Revenue Code of 1986 (26 U.S.C. 9509), $3,000,000 shall be
transferred to the Secretary of Transportation, as provided in
appropriation Acts, to carry out programs for detection, prevention, and
mitigation of oil spills for each of the fiscal years 2003 through 2006.
``(h) Participating Agencies Defined.--In this section, the term
`participating agencies' means the Department of Transportation, the
Department of Energy, and the National Institute of Standards and
Technology.''
Section Referred to in Other Sections
This section is referred to in section 60102 of this title; title 18
section 1366; title 33 section 1232a; title 42 sections 9601, 9607.
