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

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

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

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Source location: Title 49, Chapter 601, § 60108; chapter-601-safety.md

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**(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 natural gas from pipeline facilities; and (iii) the protection of the environment; and (E) the extent to which the plan addresses the replacement or remediation of pipelines that are known to leak based on the material (including cast iron, unprotected steel, wrought iron, and historic plastics with known issues), design, or past operating and maintenance history of the pipeline. (3) **Review of plans.—** (A) *In general.—* — Not later than 2 years after the date of enactment of this subparagraph, and not less frequently than once every 5 years thereafter, the Secretary or relevant State authority with a certification in effect under section 60105 shall review each plan described in this subsection. (B) *Context of review.—* — The Secretary may conduct a review under this paragraph as an element of the inspection of the operator carried out by the Secretary under subsection (b). (C) *Inadequate programs.—* — If the Secretary determines that a plan reviewed under this paragraph does not comply with the requirements of this chapter (including any regulations promulgated under this chapter), has not been adequately implemented, is inadequate for the safe operation of a pipeline facility, or is otherwise inadequate, the Secretary may conduct enforcement proceedings under this chapter. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105&num=0&edition=prelim) or an agreement under [section 60106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60106&num=0&edition=prelim). 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, construction material, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60123/c&num=0&edition=prelim). (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. (8) If, after reviewing existing Federal and State regulations for hazardous liquid gathering lines located offshore in the United States, including within the inlets of the Gulf of Mexico, the Secretary determines it is appropriate, the Secretary shall issue regulations, after notice and an opportunity for a hearing, subjecting offshore hazardous liquid gathering lines and hazardous liquid gathering lines located within the inlets of the Gulf of Mexico to the same standards and regulations as other hazardous liquid gathering lines. The regulations issued under this paragraph shall not apply to production pipelines or flow lines. **(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. (4) Not later than December 31, 2012, and every 2 years thereafter, the Secretary shall conduct a follow-up survey to measure the progress that owners and operators of pipeline facilities have made in adopting and implementing their plans for the safe management and replacement of cast iron gas pipelines. **(e) In General.—** After the completion of a Pipeline and Hazardous Materials Safety Administration pipeline safety inspection, the Administrator of such Administration, or the State authority certified under [section 60105 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105&num=0&edition=prelim), United States Code, to conduct such inspection, shall— (1) within 30 days, conduct a post-inspection briefing with the owner or operator of the gas or hazardous liquid pipeline facility inspected outlining any concerns; and (2) within 90 days, to the extent practicable, provide the owner or operator with written preliminary findings of the inspection.

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

49 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717&num=0&edition=prelim) 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; (B) nonpetroleum fuel, including biofuel, that is flammable, toxic, or corrosive or would be harmful to the environment if released in significant quantities; and (C) 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” means a gas pipeline facility— (A) used to transport gas; and (B) subject to the jurisdiction of the Commission under the Natural Gas Act ([15 U.S.C. 7

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

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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

49 U.S.C. § 60105 — State pipeline safety program certifications

**(a) General Requirements and Submission.—** Except as provided in this section and sections 60114 and 60121 of this title, the Secretary of Transportation may not prescribe or enforce safety standards and practices for an intrastate pipeline facility or intrastate pipeline transportation to the extent that the safety standards and practices are regulated by a State authority (including a municipality if the standards and practices apply to intrastate gas pipeline transportation) that submits to the Secretary annually a certification for the facilities and transportation that complies with subsections (b) and (c) of this section. **(b) Contents.—** Each certification submitted under subsection (a) of this section shall state that the State authority— (1) has regulatory jurisdiction over the standards and practices to which the certification applies; (2) has adopted, by the date of certification, each applicable standard prescribed under this chapter or, if a standard under this chapter was prescribed not later than 120 days before certification, is taking steps to adopt that standard; (3) is enforcing each adopted standard through ways that include inspections conducted by State employees meeting the qualifications the Secretary prescribes under [section 60107(d)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60107/d/1/C&num=0&edition=prelim); (4) is encouraging and promoting the establishment of a program designed to prevent damage by demolition, excavation, tunneling, or construction activity to the pipeline facilities to which the certification applies that subjects persons who violate the applicable requirements of that program to civil penalties and other enforcement actions that are substantially the same as

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49 U.S.C. § 60117 — Administrative

**(a) General Authority.—** To carry out this chapter, the Secretary of Transportation may conduct investigations, make reports, issue subpenas, conduct hearings, require the production of records, take depositions, and conduct research, testing, development, demonstration, and training activities and promotional activities relating to prevention of damage to pipeline facilities. The Secretary may not charge a tuition-type fee for training State or local government personnel in the enforcement of regulations prescribed under this chapter. **(b) Enforcement Procedures.—** (1) **Process.—** — In implementing enforcement procedures under this chapter and part 190 of title 49, Code of Federal Regulations (or successor regulations), the Secretary shall— (A) allow the respondent to request the use of a consent agreement and consent order to resolve any matter of fact or law asserted; (B) allow the respondent and the agency to convene 1 or more meetings— (i) for settlement or simplification of the issues; or (ii) to aid in the disposition of issues; (C) require that the case file in an enforcement proceeding include all agency records pertinent to the matters of fact and law asserted; (D) allow the respondent to reply to each post-hearing submission of the agency; (E) allow the respondent to request that a hearing be held, and an order be issued, on an expedited basis; (F) require that the agency have the burden of proof, presentation, and persuasion in any enforcement matter; (G) require that any order contain findings of relevant fact and conclusions of law; (H) require the Office of Pipeline Safety to file a post-hearing recommendation not later than 30 days after the deadline for any post-hearing submission of a respondent; (I) requir

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49 U.S.C. § 60106 — State pipeline safety agreements

**(a) Agreements Without Certification.—** If the Secretary of Transportation does not receive a certification under [section 60105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105&num=0&edition=prelim), the Secretary may make an agreement with a State authority (including a municipality if the agreement applies to intrastate gas pipeline transportation) authorizing it to take necessary action. Each agreement shall— (1) establish an adequate program for record maintenance, reporting, and inspection designed to assist compliance with applicable safety standards prescribed under this chapter; and (2) prescribe procedures for approval of plans of inspection and maintenance substantially the same as required under section 60108 (a) and (b) of this title. **(b) Agreements With Certification.—** (1) **In general.—** — If the Secretary accepts a certification under section 60105 and makes the determination required under this subsection, the Secretary may make an agreement with a State authority authorizing it to participate in the oversight of interstate pipeline transportation. Each such agreement shall include a plan for the State authority to participate in special investigations involving incidents or new construction and allow the State authority to participate in other activities overseeing interstate pipeline transportation or to assume additional inspection or investigatory duties. Nothing in this section modifies section 60104(c) or authorizes the Secretary to delegate the enforcement of safety standards for interstate pipeline facilities prescribed under this chapter to a State authority. (2) **Determinations required.—** — The Secretary may not enter into an agreement under this subsection, unless the Secretary d

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49 U.S.C. § 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 any or all of the owners or 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 th

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60102

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

**(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 opportuni

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60104

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

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

Page 1757 TITLE 49—TRANSPORTATION § 60108 ended September 30, 1978, and September 30, 1979’’ are substituted for ‘‘last two . . . preceding November 30, 1979’’ for clarity. In subsection (c), the words ‘‘the Federal grants-in- aid provisions of’’, ‘‘for payments to aid in the conduct of pipeline safety programs in accordance with para- graph (1) of this subsection’’, and ‘‘with necessary ad- justments on account of overpayments and underpay- ments’’ are omitted as surplus. In subsection (d)(1), before clause (A), the word ‘‘pre- scribe’’ is substituted for ‘‘by regulation, provide for’’ and ‘‘establish by regulation’’ for consistency in the re- vised title and with other titles of the United States Code. In clause (C), the words ‘‘to receive a payment under this section’’ are substituted for ‘‘in order to par- ticipate in the pipeline safety grant program under this subsection’’, and the words ‘‘under section 60105 or 60106 of this title’’ are substituted for ‘‘pursuant to either an annual certification by a State agency or an agreement relating to inspection between a State agency and the Secretary’’, to eliminate unnecessary words. In subsection (d)(2), before clause (A), the words ‘‘qualifications prescribed’’ are substituted for ‘‘regula- tions’’ for clarity and consistency. Editorial Notes AMENDMENTS 2016—Subsec. (b). Pub. L. 114–183, § 17(1), added subsec. (b) and struck out former subsec. (b). Prior to amend- ment, text read as follows: ‘‘After notifying and con- sulting with a State authority, the Secretary may withhold any part of a payment when the Secretary de- cides that the authority is not carrying out satisfac- torily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only

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