§ 60103. — Standards for liquefied natural gas pipeline facilities.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60103]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60103. Standards for liquefied natural gas pipeline
facilities
(a) Location Standards.--The Secretary of Transportation shall
prescribe minimum safety standards for deciding on the location of a new
liquefied natural gas pipeline facility. In prescribing a standard, the
Secretary shall consider the--
(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;
and
(6) need to encourage remote siting.
(b) Design, Installation, Construction, Inspection, and Testing
Standards.--The Secretary of Transportation shall prescribe minimum
safety standards for designing, installing, constructing, initially
inspecting, and initially testing a new liquefied natural gas pipeline
facility. When prescribing a standard, the Secretary shall consider--
(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) Nonapplication.--(1) Except as provided in paragraph (2) of this
subsection, a design, location, installation, construction, initial
inspection, or initial testing standard prescribed under this chapter
after March 1, 1978, does not apply to an existing liquefied natural gas
pipeline facility if the standard is to be applied because of authority
given--
(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) Operation and Maintenance Standards.--The Secretary of
Transportation shall prescribe minimum operating and maintenance
standards for a liquefied natural gas pipeline facility. In prescribing
a standard, the Secretary shall consider--
(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) Effective Dates.--A standard prescribed under this section is
effective on the 30th day after the Secretary of Transportation
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.
(f) Contingency Plans.--A new liquefied natural gas pipeline
facility may be operated only after the operator submits an adequate
contingency plan that states the action to be taken if a liquefied
natural gas accident occurs. The Secretary of Energy or appropriate
State or local authority shall decide if the plan is adequate.
(g) Effect on Other Standards.--This section does not preclude
applying a standard prescribed under section 60102 of this title to a
gas pipeline facility (except a liquefied natural gas pipeline facility)
associated with a liquefied natural gas pipeline facility.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1307.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60103(a).............................. 49 App.:1674a(a) (1)(A), Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
(d)(1), (e). 720, Sec. 6; added Nov. 30, 1979,
Pub. L. 96-129, Sec. 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).
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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.
Section Referred to in Other Sections
This section is referred to in sections 60102, 60122 of this title.
