§ 60102. — General authority.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60102]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60102. Purpose and general authority
(a) Purpose and Minimum Safety Standards.--
(1) Purpose.--The purpose of this chapter is to provide adequate
protection against risks to life and property posed by pipeline
transportation and pipeline facilities by improving the regulatory
and enforcement authority of the Secretary of Transportation.
(2) Minimum safety standards.--The Secretary shall prescribe
minimum safety standards for pipeline transportation and for
pipeline facilities. The standards--
(A) apply to owners and 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) Qualifications of pipeline operators.--The qualifications
applicable to an individual who operates and maintains a pipeline
facility 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. The
operator of a pipeline facility shall ensure that employees who
operate and maintain the facility are qualified to operate and
maintain the pipeline facilities.
(b) Practicability and Safety Needs Standards.--
(1) In general.--A standard prescribed under subsection (a)
shall be--
(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) Factors for consideration.--When prescribing any standard
under this section or section 60101(b), 60103, 60108, 60109, 60110,
or 60113, the Secretary shall consider--
(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) Risk assessment.--In conducting a risk assessment referred
to in subparagraphs (D) and (E) of paragraph (2), the Secretary
shall--
(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) Review.--
(A) In general.--The Secretary shall--
(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) Peer review panels.--The committees referred to in
subparagraph (A) shall serve as peer review panels to review
risk assessment information prepared under this section. Not
later than 90 days after receiving risk assessment information
for review pursuant to subparagraph (A), each committee that
receives that risk assessment information shall prepare and
submit to the Secretary a report that includes--
(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) Review by secretary.--Not later than 90 days after
receiving a report submitted by a committee under subparagraph
(B), the Secretary--
(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) Secretarial decisionmaking.--Except where otherwise required
by statute, the Secretary shall propose or issue a standard under
this Chapter \1\ only upon a reasoned determination that the
benefits of the intended standard justify its costs.
---------------------------------------------------------------------------
\1\ So in original. Probably should not be capitalized.
---------------------------------------------------------------------------
(6) Exceptions from application.--The requirements of
subparagraphs (D) and (E) of paragraph (2) do not apply when--
(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) Report.--Not later than March 31, 2000, the Secretary shall
transmit to the Congress a report that--
(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) Public Safety Program Requirements.--(1) The Secretary shall
include in the standards prescribed under subsection (a) of this section
a requirement that an operator of a gas pipeline facility participate in
a public safety program that--
(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) Promoting public awareness.--
(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.
---------------------------------------------------------------------------
\2\ See References in Text note below.
---------------------------------------------------------------------------
(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) Facility Operation Information Standards.--The Secretary shall
prescribe minimum standards requiring an operator of a pipeline facility
subject to this chapter to maintain, to the extent practicable,
information related to operating the facility as required by the
standards prescribed under this chapter and, when requested, to make the
information available to the Secretary and an appropriate State official
as determined by the Secretary. The information shall include--
(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) Pipe Inventory Standards.--The Secretary shall prescribe minimum
standards requiring an operator of a pipeline facility subject to this
chapter to maintain for the Secretary, to the extent practicable, an
inventory with appropriate information about the types of pipe used for
the transportation of gas or hazardous liquid, as appropriate, in the
operator's system and additional information, including the material's
history and the leak history of the pipe. The inventory--
(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) Standards as Accommodating ``Smart Pigs''.--
(1) Minimum safety standards.--The Secretary shall prescribe
minimum safety standards requiring that--
(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) Periodic inspections.--Not later than October 24, 1995, the
Secretary shall prescribe, if necessary, additional standards
requiring the periodic inspection of each pipeline the operator of
the pipeline identifies under section 60109 of this title. The
standards shall include any circumstances under which an inspection
shall be conducted with an instrumented internal inspection device
and, if the device is not required, use of an inspection method that
is at least as effective as using the device in providing for the
safety of the pipeline.
(g) Effective Dates.--A standard prescribed under this section and
section 60110 of this title is effective on the 30th day after the
Secretary prescribes the standard. However, the Secretary for good cause
may prescribe a different effective date when required because of the
time reasonably necessary to comply with the standard. The different
date must be specified in the regulation prescribing the standard.
(h) Safety Condition Reports.--(1) The Secretary shall prescribe
regulations requiring each operator of a pipeline facility (except a
master meter) to submit to the Secretary a written report on any--
(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) Carbon Dioxide Regulation.--The Secretary shall regulate carbon
dioxide transported by a hazardous liquid pipeline facility. The
Secretary shall prescribe standards related to hazardous liquid to
ensure the safe transportation of carbon dioxide by such a facility.
(j) Emergency Flow Restricting Devices.--(1) Not later than October
24, 1994, the Secretary shall survey and assess the effectiveness of
emergency flow restricting devices (including remotely controlled valves
and check valves) and other procedures, systems, and equipment used to
detect and locate hazardous liquid pipeline ruptures and minimize
product releases from hazardous liquid pipeline facilities.
(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.
(3) Remotely controlled valves.--(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.
(k) Prohibition Against Low Internal Stress Exception.--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.
(l) Updating Standards.--The Secretary shall, to the extent
appropriate and practicable, update incorporated industry standards that
have been adopted as part of the Federal pipeline safety regulatory
program under this chapter.
(m) Inspections by Direct Assessment.--Not later than 1 year after
the date of the enactment of this subsection, the Secretary shall issue
regulations prescribing standards for inspection of a pipeline facility
by direct assessment.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1304; Pub. L. 104-
304, Secs. 4, 20(g), Oct. 12, 1996, 110 Stat. 3794, 3805; Pub. L. 107-
355, Secs. 20(a)(1), (2)(A), 23, Dec. 17, 2002, 116 Stat. 3009, 3011.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60102(a)(1)........................... 49 App.:1672(a)(1) (1st, 2d Aug. 12, 1968, Pub. L. 90-481, Sec.
sentences). 3(a)(1) (1st, 2d, 7th, 8th sentences),
82 Stat. 721; Oct. 11, 1976, Pub. L.
94-477, Sec. 4(1), 90 Stat. 2073;
Nov. 30, 1979, Pub. L. 96-129, Secs.
101(a), 109(c)-(e), 93 Stat. 990, 996;
Oct. 24, 1992, Pub. L. 102-508, Sec.
101(a)(1), (2), 106 Stat. 3290.
49 App.:1672(a)(1) (3d Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
sentence). 720, Sec. 3(a)(1) (3d sentence);
added Oct. 31, 1988, Pub. L. 100-561,
Sec. 101, 102 Stat. 2806; Oct. 24,
1992, Pub. L. 102-508, Sec. 106(1),
102 Stat. 3293.
49 App.:2002(a)(1) (1st, 2d Nov. 30, 1979, Pub. L. 96-129,
sentences). 203(a)(1), 93 Stat. 1004; Oct. 22,
1986, Pub. L. 99-516, Sec.
3(b)(1)(A), 100 Stat. 2966; Oct. 24,
1992, Pub. L. 102-508, Sec.
201(a)(1), 106 Stat. 3299.
49 App.:2002(c) (1st sentence). Nov. 30, 1979, Pub. L. 96-129, Sec.
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, Sec. 203(c) (2d sentence); added
Oct. 31, 1988, Pub. L. 100-561, Sec.
201, 102 Stat. 2809; Oct. 24, 1992,
Pub. L. 102-508, Sec. 205(1), 106
Stat. 3302.
60102(a)(2)........................... 49 App.:1672(a)(1) (4th, 5th Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
sentences). 720, Sec. 3(a)(1) (4th, 5th
sentences); added Oct. 24, 1992, Pub.
L. 102-508, Sec. 106(2), 102 Stat.
3293.
49 App.:2002(c) (3d, 4th Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
sentences). 989, Sec. 203(c) (3d, 4th sentences);
added Oct. 24, 1992, Pub. L. 102-508,
Sec. 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, Sec.
203(b) (1st sentence), 93 Stat. 1004;
Oct. 24, 1992, Pub. L. 102-508, Sec.
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, Sec. 3(a)(2); added Nov. 30,
1979, Pub. L. 96-129, Secs. 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, Sec. 3(e); added Oct. 31, 1988,
Pub. L. 100-561, Sec. 102, 102 Stat.
2806; Oct. 24, 1992, Pub. L. 102-508,
Sec. 102(b), 106 Stat. 3291.
49 App.:2002(i). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 203(i); added Oct. 31,
1988, Pub. L. 100-561, Sec. 202, 102
Stat. 2810; Oct. 24, 1992, Pub. L. 102-
508, Sec. 202(b), 106 Stat. 3301.
60102(e).............................. 49 App.:1672(f). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 3(f); added Oct. 31, 1988,
Pub. L. 100-561, Sec. 102, 102 Stat.
2806; Oct. 24, 1992, Pub. L. 102-508,
Sec. 102(a)(1), 106 Stat. 3290.
49 App.:2002(j). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 203(j); added Oct. 31,
1988, Pub. L. 100-561, Sec. 202, 102
Stat. 2810; Oct. 24, 1992, Pub. L. 102-
508, Sec. 202(a)(1), 106 Stat. 3300.
60102(f).............................. 49 App.:1672(g). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 3(g); added Oct. 31, 1988,
Pub. L. 100-561, Sec. 108(b), 102
Stat. 2808; Oct. 24, 1992, Pub. L. 102-
508, Sec. 103, 106 Stat. 3291.
49 App.:2002(k). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 203(k); added Oct. 31,
1988, Pub. L. 100-561, Sec. 207(b),
102 Stat. 2812; Oct. 24, 1992, Pub. L.
102-508, Sec. 203, 106 Stat. 3301.
60102(g).............................. 49 App.:1672(b). Aug. 12, 1968, Pub. L. 90-481, Sec.
3(b), 82 Stat. 721; Nov. 30, 1979,
Pub. L. 96-129, Sec. 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, Sec. 3(a)(3); added Oct. 22,
1986, Pub. L. 99-516, Sec. 3(a)(1),
100 Stat. 2965; Oct. 24, 1992, Pub. L.
102-508, Sec. 101(a)(3), 106 Stat.
3290.
49 App.:2002(a)(2). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 203(a)(2); added Oct. 22,
1986, Pub. L. 99-516, Sec.
3(b)(1)(B), 100 Stat. 2966; Oct. 24,
1992, Pub. L. 102-508, Sec.
201(a)(2), 106 Stat. 3300.
60102(i).............................. 49 App.:2015. Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 219; added Oct. 31, 1988,
Pub. L. 100-561, Sec. 211(a), 102
Stat. 2813.
49 App.:2015 (note). Oct. 31, 1988, Pub. L. 100-561, Sec.
211(c), 102 Stat. 2813.
60102(j).............................. 49 App.:2002(n). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 203(n); added Oct. 24,
1992, Pub. L. 102-508, Sec. 212, 106
Stat. 3304.
60102(k).............................. 49 App.:2002(b) (last Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
sentence). 989, Sec. 203(b) (last sentence);
added Oct. 24, 1992, Pub. L. 102-508,
Sec. 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.
References in Text
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.
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.
Amendments
2002--Pub. L. 107-355, Sec. 20(a)(2)(A), substituted ``Purpose and
general authority'' for ``General authority'' in section catchline.
Subsec. (a). Pub. L. 107-355, Sec. 20(a)(1), inserted subsec.
heading, added par. (1), redesignated former par. (1) as (2), realigned
margins, and substituted ``Minimum safety standards'' for ``Minimum
Safety Standards'' in heading and ``The Secretary'' for ``The Secretary
of Transportation'' in introductory provisions, and redesignated former
par. (2) as (3) and inserted heading.
Subsec. (m). Pub. L. 107-355, Sec. 23, added subsec. (m).
1996--Subsec. (a)(1)(A). Pub. L. 104-304, Sec. 4(a)(1), struck out
``transporters of gas and hazardous liquid and to'' after ``apply to''.
Subsec. (a)(1)(C). Pub. L. 104-304, Sec. 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, Sec. 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, Sec. 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, Sec. 4(g), added par. (4).
Subsec. (d). Pub. L. 104-304, Sec. 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, Sec. 4(d)(2), substituted
``transportation'' for ``transmission'' in introductory provisions.
Pub. L. 104-304, Sec. 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, Sec. 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, Secs. 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, Sec. 20(g), substituted
``standards'' for ``regulations''.
Subsec. (j)(3). Pub. L. 104-304, Sec. 4(h), added par. (3).
Subsec. (l). Pub. L. 104-304, Sec. 4(f), added subsec. (l).
State Pipeline Safety Advisory Committees
Pub. L. 107-355, Sec. 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.''
Section Referred to in Other Sections
This section is referred to in sections 60103, 60108, 60109, 60112
of this title.
