49 U.S.C. § 60110 — Excess flow valves

Page 1769 TITLE 49—TRANSPORTATION § 60110 number of people living or working in proximity to pipeline facilities. ‘‘(6) The appropriateness of applying repair criteria, such as pressure reductions and special requirements for scheduling remediation, to areas that are not high-consequence areas. ‘‘(c) REPORT.—Not later than 2 years after the date of enactment of this Act [Jan. 3, 2012], the Secretary shall submit to the Committee on Transportation and Infra- structure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report, based on the evaluation conducted under sub- section (a), containing the Secretary’s analysis and findings regarding— ‘‘(1) expansion of integrity management require- ments, or elements thereof, beyond high-consequence areas; and ‘‘(2) with respect to gas transmission pipeline facili- ties, whether applying the integrity management program requirements, or elements thereof, to addi- tional areas would mitigate the need for class loca- tion requirements. ‘‘(d) DATA REPORTING.—The Secretary shall collect any relevant data necessary to complete the evaluation required by subsection (a). ‘‘(e) TECHNICAL CORRECTION.—[Amended this section.] ‘‘(f) RULEMAKING REQUIREMENTS.— ‘‘(1) REVIEW PERIOD DEFINED.—In this subsection, the term ‘review period’ means the period beginning on the date of enactment of this Act [Jan. 3, 2012] and ending on the earlier of— ‘‘(A) the date that is 1 year after the date of com- pletion of the report under subsection (c); or ‘‘(B) the date that is 3 years after the date of en- actment of this Act. ‘‘(2) CONGRESSIONAL AUTHORITY.—In order to provide Congress the necessary time to review the results of the report required by subsection (c) and implement appropriate recommendations, the Secretary shall not, during the review period, issue final regulations described in paragraph (3)(B). ‘‘(3) STANDARDS.— ‘‘(A) FINDINGS.—As soon as practicable following the review period, the Secretary shall issue final regulations described in subparagraph (B), if the Secretary finds, in the report required under sub- section (c), that— ‘‘(i) integrity management system require- ments, or elements thereof, should be expanded beyond high-consequence areas; and ‘‘(ii) with respect to gas transmission pipeline facilities, applying integrity management pro- gram requirements, or elements thereof, to addi- tional areas would mitigate the need for class lo- cation requirements. ‘‘(B) REGULATIONS.—Regulations issued by the Secretary under subparagraph (A), if any, shall— ‘‘(i) expand integrity management system re- quirements, or elements thereof, beyond high- consequence areas; and ‘‘(ii) remove redundant class location require- ments for gas transmission pipeline facilities that are regulated under an integrity management program adopted and implemented under section 60109(c)(2) of title 49, United States Code. ‘‘(4) SAVINGS CLAUSE.— ‘‘(A) IN GENERAL.—Notwithstanding any other provision of this subsection, the Secretary, during the review period, may issue final regulations de- scribed in paragraph (3)(B), if the Secretary deter- mines that a condition that poses a risk to public safety, property, or the environment is present or an imminent hazard exists and that the regulations will address the risk or hazard. ‘‘(B) IMMINENT HAZARD DEFINED.—In subparagraph (A), the term ‘imminent hazard’ means the exist- ence of a condition related to pipelines or pipeline operations that presents a substantial likelihood that death, serious illness, severe personal injury, or substantial endangerment to health, property, or the environment may occur. ‘‘(g) REPORT TO CONGRESS ON RISK-BASED PIPELINE REASSESSMENT INTERVALS.—Not later than 2 years after the date of enactment of this Act [Jan. 3, 2012], the Comptroller General of the United States shall evalu- ate— ‘‘(1) whether risk-based reassessment intervals are a more effective alternative for managing risks to pipelines in high-consequence areas once baseline as- sessments are complete when compared to the reas- sessment interval specified in section 60109(c)(3)(B) of title 49, United States Code; ‘‘(2) the number of anomalies found in baseline as- sessments required under section 60109(c)(3)(A) of title 49, United States Code, as compared to the num- ber of anomalies found in reassessments required under section 60109(c)(3)(B) of such title; and ‘‘(3) the progress made in implementing the rec- ommendations in GAO Report 06–945 and the current relevance of those recommendations that have not been implemented.’’ [Terms used in section 5 of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title. For definition of ‘‘high-consequence area’’ as used in section 5 of Pub. L. 112–90, see section 1(c)(2) of Pub. L. 112–90, set out as a note under section 60101 of this title.] SEISMICITY Pub. L. 112–90, § 29, Jan. 3, 2012, 125 Stat. 1921, provided that: ‘‘In identifying and evaluating all potential threats to each pipeline segment pursuant to parts 192 and 195 of title 49, Code of Federal Regulations, an op- erator of a pipeline facility shall consider the seis- micity of the area.’’ [Terms used in section 29 of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title.] STUDY OF REASSESSMENT INTERVALS Pub. L. 107–355, § 14(d), Dec. 17, 2002, 116 Stat. 3005, re- quired the Comptroller General to study the 7-year re- assessment interval required by section 60109(c)(3)(B) of title 49 and to transmit to Congress a report on the study not later than 4 years after Dec. 17, 2002. § 60110. Excess flow valves (a) APPLICATION.—This section applies only to— (1) a natural gas distribution system in- stalled after the effective date of regulations prescribed under this section; and (2) any other natural gas distribution system when repair to the system requires replacing a part to accommodate installing excess flow valves. (b) INSTALLATION REQUIREMENTS AND CONSID- ERATIONS.—Not later than April 24, 1994, the Sec- retary of Transportation shall prescribe stand- ards on the circumstances, if any, under which an operator of a natural gas distribution system must install excess flow valves in the system. The Secretary shall consider— (1) the system design pressure; (2) the system operating pressure; (3) the types of customers to which the dis- tribution system supplies gas, including hos- pitals, schools, and commercial enterprises; (4) the technical feasibility and cost of in- stalling, operating, and maintaining the valve; (5) the public safety benefits of installing the valve; Page 1770 TITLE 49—TRANSPORTATION § 60111 (6) the location of customer meters; and (7) other factors the Secretary considers rel- evant. (c) NOTIFICATION OF AVAILABILITY.—(1) Not later than October 24, 1994, the Secretary shall prescribe standards requiring an operator of a natural gas distribution system to notify in writing its customers having lines in which ex- cess flow valves are not required by law but can be installed according to the standards pre- scribed under subsection (e) of this section, of— (A) the availability of excess flow valves for installation in the system; (B) safety benefits to be derived from instal- lation; and (C) costs associated with installation, main- tenance, and replacement. (2) The standards shall provide that, except when installation is required under subsection (b) of this section, excess flow valves shall be in- stalled at the request of the customer if the cus- tomer will pay all costs associated with installa- tion. (d) REPORT.—If the Secretary decides under subsection (b) of this section that there are no circumstances under which an operator must in- stall excess flow valves, the Secretary shall sub- mit to Congress a report on the reasons for the decision not later than 30 days after the decision is made. (e) PERFORMANCE STANDARDS.—Not later than April 24, 1994, the Secretary shall develop stand- ards for the performance of excess flow valves used to protect lines in a natural gas distribu- tion system. The Secretary may adopt industry accepted performance standards in order to com- ply with the requirement under the preceding sentence. The standards shall be incorporated into regulations the Secretary prescribes under this section. All excess flow valves shall be in- stalled according to the standards. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1316; Pub. L. 104–304, §§ 8, 20(j), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub. L. 107–355, § 21(1), Dec. 17, 2002, 116 Stat. 3010.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60110(a) ...... 49 App.:1672(j)(5). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(j); added Oct. 24, 1992, Pub. L. 102–508, § 104, 106 Stat. 3291. 60110(b) ...... 49 App.:1672(j)(1). 60110(c) ...... 49 App.:1672(j)(2). 60110(d) ...... 49 App.:1672(j)(3). 60110(e) ...... 49 App.:1672(j)(4). In subsection (a)(2), the words ‘‘in a manner’’ are omitted as surplus. In subsection (b), before clause (1), the words ‘‘on when’’ are substituted for ‘‘prescribing the cir- cumstances, if any, under which’’ to eliminate unneces- sary words. Editorial Notes AMENDMENTS 2002—Subsec. (b). Pub. L. 107–355 substituted ‘‘cir- cumstances, if any, under which an operator’’ for ‘‘cir- cumstances under which an operator’’ in introductory provisions. 1996—Subsec. (b). Pub. L. 104–304, § 20(j), substituted ‘‘standards’’ for ‘‘regulations’’ in introductory provi- sions. Subsec. (b)(1). Pub. L. 104–304, § 8(1), which directed the insertion of ‘‘, if any,’’ after ‘‘circumstances’’ in the first sentence of subsection (b)(1), could not be exe- cuted because the word ‘‘circumstances’’ did not appear in subsec. (b)(1). Subsec. (b)(4). Pub. L. 104–304, § 8(2), inserted ‘‘, operating, and maintaining’’ after ‘‘cost of install- ing’’. Subsec. (c)(1). Pub. L. 104–304, § 20(j), substituted ‘‘standards’’ for ‘‘regulations’’ after ‘‘prescribe’’ in in- troductory provisions. Subsec. (c)(1)(C). Pub. L. 104–304, § 8(3), inserted ‘‘, maintenance, and replacement’’ after ‘‘installa- tion’’. Subsec. (c)(2). Pub. L. 104–304, § 20(j), substituted ‘‘standards’’ for ‘‘regulations’’. Subsec. (e). Pub. L. 104–304, § 8(4), inserted after first sentence ‘‘The Secretary may adopt industry accepted performance standards in order to comply with the re- quirement under the preceding sentence.’’ § 60111. Financial responsibility for liquefied nat- ural gas facilities (a) NOTICE.—When the Secretary of Transpor- tation believes that an operator of a liquefied natural gas facility does not have adequate fi- nancial responsibility for the facility, the Sec- retary may issue a notice to the operator about the inadequacy and the amount of financial re- sponsibility the Secretary considers adequate. (b) HEARINGS.—An operator receiving a notice under subsection (a) of this section may have a hearing on the record not later than 30 days after receiving the notice. The operator may show why the Secretary should not issue an order requiring the operator to demonstrate and maintain financial responsibility in at least the amount the Secretary considers adequate. (c) ORDERS.—After an opportunity for a hear- ing on the record, the Secretary may issue the order if the Secretary decides it is justified in the public interest. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1317.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60111(a) ...... 49 App.:1674b(b)(1), (c). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 7(b)(1)–(3), (c); added Nov. 30, 1979, Pub. L. 96–129, § 153, 93 Stat. 1002. 60111(b) ...... 49 App.:1674b(b)(2). 60111(c) ...... 49 App.:1674b(b)(3). In subsection (a), the words ‘‘is not maintaining ade- quate insurance or otherwise’’, the text of 49 App.:1674b(c), and the words ‘‘and serve upon’’ and ‘‘a statement of’’ are omitted as surplus. In subsection (b), the words ‘‘in accordance with sec- tion 554 of title 5’’ are omitted for consistency in the revised title and because 5:554 applies to a hearing on the record unless otherwise stated. The words ‘‘to be held’’ and ‘‘cause as to’’ are omitted as surplus. The words ‘‘the Secretary considers adequate’’ are sub- stituted for ‘‘indicated in the notice under paragraph (1)’’ for clarity and to eliminate unnecessary words. Subsection (c) is substituted for 49 App.:1674b(b)(3) to eliminate unnecessary words. § 60112. Pipeline facilities hazardous to life and property (a) GENERAL AUTHORITY.—After notice and an opportunity for a hearing, the Secretary of