§ 60108. — Inspection and maintenance.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60108]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60108. Inspection and maintenance
(a) Plans.--(1) Each person owning or operating an intrastate gas
pipeline facility or hazardous liquid pipeline facility shall carry out
a current written plan (including any changes) for inspection and
maintenance of each facility used in the transportation and owned or
operated by the person. A copy of the plan shall be kept at any office
of the person the Secretary of Transportation considers appropriate. The
Secretary also may require a person owning or operating a pipeline
facility subject to this chapter to file a plan for inspection and
maintenance for approval.
(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) Inspection and Testing.--(1) The Secretary shall inspect and
require appropriate testing of a pipeline facility subject to this
chapter that is not covered by a certification under section 60105 of
this title or an agreement under section 60106 of this title. The
Secretary shall decide on the frequency and type of inspection and
testing under this subsection on a case-by-case basis after considering
the following:
(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) Pipeline Facilities Offshore and in Other Waters.--(1) In this
subsection--
(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.
(d) Replacing Cast Iron Gas Pipelines.--(1) The Secretary shall
publish a notice on the availability of industry guidelines, developed
by the Gas Piping Technology Committee, for replacing cast iron
pipelines. Not later than 2 years after the guidelines become available,
the Secretary shall conduct a survey of gas pipeline operators with cast
iron pipe in their systems to establish--
(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.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1312; Pub. L. 104-
304, Secs. 6, 20(h), Oct. 12, 1996, 110 Stat. 3800, 3805.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60108(a)(1)........................... 49 App.:1680(a) (1st, 2d Aug. 12, 1968, Pub. L. 90-481, Sec.
sentences). 13(a), 82 Stat. 726; Oct. 11, 1976,
Pub. L. 94-477, Sec. 6, 90 Stat.
2075; Nov. 30, 1979, Pub. L. 96-129,
Secs. 104(b), 105(a), 93 Stat. 992,
994; Oct. 22, 1986, Pub. L. 99-516,
Sec. 3(a)(2), 100 Stat. 2966; Oct.
31, 1988, Pub. L. 100-561, Sec.
108(a)(1), 102 Stat. 2808; Oct. 24,
1992, Pub. L. 102-508, Sec. 102(c),
106 Stat. 3291.
49 App.:2009(a) (1st, 2d Nov. 30, 1979, Pub. L. 96-129, Sec.
sentences). 210(a), 93 Stat. 1011; Oct. 22, 1986,
Pub. L. 99-516, Sec. 3(b)(2), 100
Stat. 2966; Oct. 31, 1988, Pub. L. 100-
561, Sec. 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, Sec.
210(b), 93 Stat. 1012; Oct. 24, 1992,
Pub. L. 102-508, Sec. 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 Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
sentence), (2). 720, Sec. 13(b); added Oct. 31, 1988,
Pub. L. 100-561, Sec. 108(a)(2), 102
Stat. 2808.
49 App.:2009(d)(1) (1st Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
sentence), (2). 989, Sec. 210(d); added Oct. 31,
1988, Pub. L. 100-561, Sec. 207(a),
102 Stat. 2811; Oct. 24, 1992, Pub. L.
102-508, Sec. 202(c)(2) (related to
Sec. 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, Sec. 3(h)(6); added Oct. 24,
1992, Pub. L. 102-508, Sec. 117, 106
Stat. 3298.
49 App.:2002(l)(7)(A), (D). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 203(l)(7); added Oct. 24,
1992, Pub. L. 102-508, Sec. 216, 106
Stat. 3306.
60108(c) (2)(A)....................... 49 App.:1672(h)(3). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 3(h)(1)-(4); added Nov. 16,
1990, Pub. L. 101-599, Sec. 1(a), 104
Stat. 3038; Oct. 24, 1992, Pub. L. 102-
508, Sec. 108(1)-(4), 106 Stat. 3293.
49 App.:2002(l)(3). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 203(l)(1)-(4); added Nov.
16, 1990, Pub. L. 101-599, Sec. 1(b),
104 Stat. 3039; Oct. 24, 1992, Pub. L.
102-508, Sec. 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, Sec. 3(h)(5); added Oct. 24,
1992, Pub. L. 102-508, Sec. 108(5),
106 Stat. 3294.
49 App.:2002(l)(6). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 203(l)(5), (6); added Oct.
24, 1992, Pub. L. 102-508, Sec.
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, Sec. 13(c); added Oct. 24, 1992,
Pub. L. 102-508, Sec. 107, 106 Stat.
3293.
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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.
References in Text
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, Sec. 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,
Sec. 7(b), July 5, 1994, 108 Stat. 1379. For further details, see
Historical and Revision Notes above.
Amendments
1996--Subsec. (a)(1). Pub. L. 104-304, Sec. 6(1), struck out
``transporting gas or hazardous liquid or'' after ``Each person'' and
``a person''.
Subsec. (b)(2). Pub. L. 104-304, Sec. 6(2), struck out after first
sentence ``However, an inspection must occur at least once every 2
years.''
Subsec. (c). Pub. L. 104-304, Sec. 6(3), substituted ``Other
Waters'' for ``Navigable Waters'' in heading.
Subsec. (c)(2)(A)(ii). Pub. L. 104-304, Sec. 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, Sec. 20(h)(1), substituted
``standards'' for ``regulations'' in introductory provisions.
Subsec. (c)(4)(A). Pub. L. 104-304, Sec. 20(h)(2), substituted
``establish a standard'' for ``require by regulation''.
Subsecs. (c)(4)(B), (d)(3). Pub. L. 104-304, Sec. 20(h)(1),
substituted ``standards'' for ``regulations''.
Transfer of Functions
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.
Pipeline Bridge Risk Study
Pub. L. 107-355, Sec. 25, Dec. 17, 2002, 116 Stat. 3011, provided
that:
``(a) In General.--The Secretary of Transportation shall 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.
``(b) Public Participation and Comments.--In conducting the study,
the Secretary shall provide, to the maximum extent practicable, for
public participation and comment and shall solicit views and comments
from the public and interested persons, including participants in the
pipeline industry with knowledge and experience in inspection of
pipeline facilities.
``(c) Completion and Report.--Within 2 years after the date of
enactment of this Act [Dec. 17, 2002], the Secretary shall complete the
study and transmit to Congress a report detailing the results of the
study.
``(d) Funding.--The Secretary may carry out this section using only
amounts that are specifically appropriated to carry out this section.''
Study of Underwater Abandoned Pipeline Facilities
Pub. L. 102-508, title III, Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 60102, 60104, 60105, 60106,
60109, 60118, 60131 of this title.
