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49 U.S.C. § 60104 — Requirements and limitations

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60104 — Requirements and limitations

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Stable record: federal_law:legal_authorities:record_usc_d22796c4d1aee18d7bd83f8f
Source file: Laws/federal/codes/united-states-code/title-49/section-60104-requirements-and-limitations--7f7285f6f1.md
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Source location: Title 49, Chapter 601, § 60104; chapter-601-safety.md

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**(a) Opportunity To Present Views.—** The Secretary of Transportation shall give an interested person an opportunity to make oral and written presentations of information, views, and arguments when prescribing a standard under this chapter. **(b) Nonapplication.—** A design, installation, construction, initial inspection, or initial testing standard does not apply to a pipeline facility existing when the standard is adopted. **(c) Preemption.—** A State authority that has submitted a current certification under [section 60105(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105/a&num=0&edition=prelim) may adopt additional or more stringent safety standards for intrastate pipeline facilities and intrastate pipeline transportation only if those standards are compatible with the minimum standards prescribed under this chapter. A State authority may not adopt or continue in force safety standards for interstate pipeline facilities or interstate pipeline transportation. 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. **(d) Consultation.—** (1) When continuity of gas service is affected by prescribing a standard or waiving compliance with standards under this chapter, the Secretary of Transportation shall consult with and advise the Federal Energy Regulatory Commission or a State authority having jurisdiction over the affected gas pipeline facility before prescribing the standard or waiving compliance. The Secretary shall delay the effective date of the standard or waiver until the Commission or State authority has a reasonable opportunity to grant an authorization it considers necessary. (2) In a proceeding under section 3 or 7 of the Natural Gas Act ([15 U.S.C. 717b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60108&num=0&edition=prelim). 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) Location and Routing of Facilities.—** This chapter does not authorize the Secretary of Transportation to prescribe the location or routing of a pipeline facility.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 717b — Exportation or importation of natural gas; LNG terminals

**(a) Mandatory authorization order** After six months from June 21, 1938, no person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Commission authorizing it to do so. The Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed exportation or importation will not be consistent with the public interest. The Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Commission may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order in the premises as it may find necessary or appropriate. **(b) Free trade agreements** With respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, and with respect to liquefied natural gas— (1) the importation of such natural gas shall be treated as a “first sale” within the meaning of [section 3301(21) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3301/21&num=0&edition=prelim); and (2) the Commission shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis. **(c) Expedited application and approval process** For purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatme

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 717b

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60108 — Inspection and maintenance

**(a) Plans.—** (1) Each person owning or operating a 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, must meet the requirements of any regulations promulgated under section 60102(q), and must include terms designed to enhance the ability to discover safety-related conditions described in [section 60102(h)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60102/h/1&num=0&edition=prelim). 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; (D) the extent to which the plan will contribute to— (i) public safety; (ii) eliminating hazardous leaks and minimizing releases of

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 717b — Exportation or importation of natural gas;

Page 1188 TITLE 15—COMMERCE AND TRADE § 717b 1 So in original. Probably should be ‘‘finds’’. 1992—Par. (10). Pub. L. 102–486 added par. (10). Statutory Notes and Related Subsidiaries TERMINATION OF FEDERAL POWER COMMISSION; TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42, The Public Health and Welfare. § 717b. Exportation or importation of natural gas; LNG terminals (a) Mandatory authorization order After six months from June 21, 1938, no person shall export any natural gas from the United States to a foreign country or import any nat- ural gas from a foreign country without first having secured an order of the Commission au- thorizing it to do so. The Commission shall issue such order upon application, unless, after oppor- tunity for hearing, it finds that the proposed ex- portation or importation will not be consistent with the public interest. The Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Commission may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order in the premises as it may find necessary or appropriate. (b) Free trade agreements With respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requir- ing national treatment for trade in natural gas, and with respect to liquefied natural gas— (1)

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 717b

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60104 — Requirements and limitations

Page 1751 TITLE 49—TRANSPORTATION § 60104 ‘‘(A) take into account the strategic value of lo- cating resources in close proximity to LNG facili- ties; and ‘‘(B) locate the Center in the State with the larg- est LNG production capacity, as determined by the total capacity (in billion cubic feet per day) of LNG production authorized by the Federal Energy Regu- latory Commission under section 3 of the Natural Gas Act (15 U.S.C. 717b) as of the date of enactment of this Act [Dec. 27, 2020]. ‘‘(f) COORDINATION WITH TQ TRAINING CENTER.—In carrying out the functions described in subsection (d), the Center shall coordinate with the Training and Qualifications Training Center of the Administration in Oklahoma City, Oklahoma, to facilitate knowledge sharing among, and enhanced training opportunities for, Federal and State pipeline safety inspectors and in- vestigators. ‘‘(g) JOINT OPERATION WITH EDUCATIONAL INSTITU- TION.—The Secretary may enter into an agreement with an appropriate official of an institution of higher education— ‘‘(1) to provide for joint operation of the Center; and ‘‘(2) to provide necessary administrative services for the Center.’’ BEST AVAILABLE TECHNOLOGIES OR PRACTICES Pub. L. 116–260, div. R, title I, § 114(d), Dec. 27, 2020, 134 Stat. 2232, provided that: ‘‘(1) REPORT OF THE SECRETARY.—Not later than 18 months after the date of enactment of this Act [Dec. 27, 2020], the Secretary [of Transportation] shall submit to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committees on Transpor- tation and Infrastructure and Energy and Commerce of the House of Representatives a report— ‘‘(A) discussing— ‘‘(i) the best available technologies or practices to prevent or minimize, without compromising pipeline s

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 60104

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