49 U.S.C. § 60102 — Purpose and general authority

Page 1738 TITLE 49—TRANSPORTATION § 60102 ‘‘(10) corrosion detection and improving methods, best practices, and technologies for identifying, de- tecting, preventing, and managing internal and exter- nal corrosion and other safety risks; and ‘‘(11) other appropriate elements. The results of activities carried out under paragraph (10) shall be used by the participating agencies to sup- port development and improvement of national con- sensus standards. ‘‘(d) PROGRAM PLAN.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section [Dec. 17, 2002], the Secretary of Transportation, in coordination with the Secretary of Energy and the Director of the National Institute of Standards and Technology, shall prepare and transmit to Congress a 5-year program plan to guide activities under this section. Such program plan shall be submitted to the Technical Pipeline Safety Standards Committee and the Technical Haz- ardous Liquid Pipeline Safety Standards Committee for review, and the report to Congress shall include the comments of the committees. The 5-year program plan shall be based on the memorandum of under- standing under subsection (b) and take into account related activities of other Federal agencies. ‘‘(2) CONSULTATION.—In preparing the program plan and selecting and prioritizing appropriate project proposals, the Secretary of Transportation shall con- sult with or seek the advice of appropriate represent- atives of the natural gas, crude oil, and petroleum product pipeline industries, utilities, manufacturers, institutions of higher learning, Federal agencies, pipeline research institutions, national laboratories, State pipeline safety officials, labor organizations, environmental organizations, pipeline safety advo- cates, and professional and technical societies. ‘‘(3) ONGOING PIPELINE TRANSPORTATION RESEARCH AND DEVELOPMENT.— ‘‘(A) IN GENERAL.—After the initial 5-year pro- gram plan has been carried out by the participating agencies, the Secretary of Transportation, in co- ordination with the Director of the National Insti- tute of Standards and Technology, as appropriate, shall prepare a research and development program plan every 5 years thereafter and shall transmit a report to Congress on the status and results-to-date of implementation of the program every 2 years. The biennial report shall include a summary of up- dated research needs and priorities identified through the consultation requirements of para- graph (2). ‘‘(B) CONSULTATION.—The Secretary shall comply with the consultation requirements of paragraph (2) when preparing the program plan and in the selec- tion and prioritization of research and development projects. ‘‘(C) FUNDING FROM NON-FEDERAL SOURCES.—The Secretary shall ensure that— ‘‘(i) at least 30 percent of the costs of tech- nology research and development activities may be carried out using non-Federal sources; ‘‘(ii) at least 20 percent of the costs of basic re- search and development with universities may be carried out using non-Federal sources; and ‘‘(iii) up to 100 percent of the costs of research and development for purely governmental pur- poses may be carried out using Federal funds. ‘‘(e) REPORTS TO CONGRESS.—Not later than 1 year after the date of enactment of this Act [Dec. 17, 2002], and annually thereafter, the heads of the participating agencies shall transmit jointly to Congress a report on the status and results to date of the implementation of the program plan prepared under subsection (d). ‘‘(f) PIPELINE INTEGRITY PROGRAM.—Of the amounts available in the Oil Spill Liability Trust Fund estab- lished by section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 9509), $3,000,000 shall be transferred to the Secretary of Transportation, as provided in appropria- tion Acts, to carry out programs for detection, preven- tion, and mitigation of oil spills for each of the fiscal years 2021 through 2023. ‘‘(g) PARTICIPATING AGENCIES DEFINED.—In this sec- tion, the term ‘participating agencies’ means the De- partment of Transportation, the Department of En- ergy, and the National Institute of Standards and Tech- nology. ‘‘(h) INDEPENDENT EXPERTS.—Not later than 180 days after the date of enactment of the PIPES Act of 2016 [June 22, 2016], the Secretary shall— ‘‘(1) implement processes and procedures to ensure that activities listed under subsection (c), to the greatest extent practicable, produce results that are peer-reviewed by independent experts and not by per- sons or entities that have a financial interest in the pipeline, petroleum, or natural gas industries, or that would be directly impacted by the results of the projects; and ‘‘(2) submit to the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transpor- tation of the Senate a report describing the processes and procedures implemented under paragraph (1). ‘‘(i) CONFLICT OF INTEREST.—The Secretary shall take all practical steps to ensure that each recipient of an agreement under this section discloses in writing to the Secretary any conflict of interest on a research and de- velopment project carried out under this section, and includes any such disclosure as part of the final deliver- able pursuant to such agreement. The Secretary may not make an award under this section directly to a pipeline owner or operator that is regulated by the Pipeline and Hazardous Materials Safety Administra- tion or a State-certified regulatory authority if there is a conflict of interest relating to such owner or oper- ator.’’ DEFINITIONS Pub. L. 116–260, div. R, § 2, Dec. 27, 2020, 134 Stat. 2211, provided that: ‘‘In this Act [div. R of Pub. L. 116–260, see Short Title of 2020 Amendment note above]: ‘‘(1) ADMINISTRATION.—The term ‘Administration’ means the Pipeline and Hazardous Materials Safety Administration. ‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Administration. ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.’’ Pub. L. 112–90, § 1(c), Jan. 3, 2012, 125 Stat. 1904, pro- vided that: ‘‘(1) APPLICABILITY OF CHAPTER 601 DEFINITIONS.—In this Act [see Short Title of 2012 Amendment note above], any term defined in chapter 601 of title 49, United States Code, has the meaning given that term in that chapter. ‘‘(2) HIGH-CONSEQUENCE AREA.—In this Act, the term ‘high-consequence area’ means an area described in sec- tion 60109(a) of title 49, United States Code.’’ § 60102. Purpose and general authority (a) PURPOSE AND MINIMUM SAFETY STAND- ARDS.— (1) PURPOSE.—The purpose of this chapter is to provide adequate protection against risks to life and property posed by pipeline trans- portation and pipeline facilities by improving the regulatory and enforcement authority of the Secretary of Transportation. (2) MINIMUM SAFETY STANDARDS.—The Sec- retary shall prescribe minimum safety stand- ards for pipeline transportation and for pipe- line facilities. The standards— (A) apply to any or all of the owners or op- erators of pipeline facilities; (B) may apply to the design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, Page 1739 TITLE 49—TRANSPORTATION § 60102 replacement, and maintenance of pipeline facilities; and (C) shall include a requirement that all in- dividuals 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 condi- tions that may indicate a dangerous situation or a condition exceeding design limits. The op- erator of a pipeline facility shall ensure that employees who operate and maintain the facil- ity are qualified to operate and maintain the pipeline facilities. (b) PRACTICABILITY AND SAFETY NEEDS STAND- ARDS.— (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 trans- porting hazardous liquids, as appropriate; and (ii) protecting the environment. (2) FACTORS FOR CONSIDERATION.—When pre- scribing any standard under this section or section 60101(b), 60103, 60108, 60109, 60110, or 60113, the Secretary shall consider— (A) relevant available— (i) gas pipeline safety information; (ii) hazardous liquid pipeline safety in- formation; and (iii) environmental information; (B) the appropriateness of the standard for the particular type of pipeline transpor- tation or facility; (C) the reasonableness of the standard; (D) based on a risk assessment, the reason- ably identifiable or estimated benefits ex- pected to result from implementation or compliance with the standard; (E) based on a risk assessment, the reason- ably identifiable or estimated costs expected to result from implementation or compli- ance with the standard; (F) comments and information received from the public; and (G) the comments and recommendations of the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as appropriate. (3) RISK ASSESSMENT.—In conducting a risk assessment referred to in subparagraphs (D) and (E) of paragraph (2), the Secretary shall— (A) identify the regulatory and nonregula- tory options that the Secretary considered in prescribing a proposed standard; (B) identify the costs and benefits associ- ated with the proposed standard; (C) include— (i) an explanation of the reasons for the selection of the proposed standard in lieu of the other options identified; and (ii) with respect to each of those other options, a brief explanation of the reasons that the Secretary did not select the op- tion; and (D) identify technical data or other infor- mation upon which the risk assessment in- formation and proposed standard is based. (4) REVIEW.— (A) IN GENERAL.—The Secretary shall— (i) submit any risk assessment informa- tion prepared under paragraph (3) of this subsection to the Technical Pipeline Safe- ty Standards Committee, the Technical Hazardous Liquid Pipeline Safety Stand- ards Committee, or both, as appropriate; and (ii) make that risk assessment informa- tion available to the general public. (B) PEER REVIEW PANELS.—The committees referred to in subparagraph (A) shall serve as peer review panels to review risk assess- ment information prepared under this sec- tion. Not later than 90 days after receiving risk assessment information for review pur- suant to subparagraph (A), each committee that receives that risk assessment informa- tion shall prepare and submit to the Sec- retary a report that includes— (i) an evaluation of the merit of the data and methods used; and (ii) any recommended options relating to that risk assessment information and the associated standard that the committee determines to be appropriate. (C) REVIEW BY SECRETARY.—Not later than 90 days after receiving a report submitted by a committee under subparagraph (B), the Secretary— (i) shall review the report; (ii) shall provide a written response to the committee that is the author of the re- port concerning all significant peer review comments and recommended alternatives contained in the report; and (iii) may revise the risk assessment and the proposed standard before promulgating the final standard. (5) SECRETARIAL DECISIONMAKING.—Except where otherwise required by statute, the Sec- retary shall propose or issue a standard under this chapter only upon a reasoned determina- tion that the benefits, including safety and en- vironmental benefits, of the intended standard justify its costs. (6) EXCEPTIONS FROM APPLICATION.—The re- quirements of subparagraphs (D) and (E) of paragraph (2) do not apply when— (A) the standard is the product of a nego- tiated rulemaking, or other rulemaking in- cluding the adoption of industry standards that receives no significant adverse com- ment within 60 days of notice in the Federal Register; (B) based on a recommendation (in which three-fourths of the members voting concur) by the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as applicable, the Secretary waives the requirements; or (C) the Secretary finds, pursuant to sec- tion 553(b)(3)(B) of title 5, United States Page 1740 TITLE 49—TRANSPORTATION § 60102 1 See References in Text note below. Code, that notice and public procedure are not required. (7) REPORT.—Not later than March 31, 2000, the Secretary shall transmit to the Congress a report that— (A) describes the implementation of the risk assessment requirements of this sec- tion, including the extent to which those re- quirements have affected regulatory deci- sionmaking and pipeline safety; and (B) includes any recommendations that the Secretary determines would make the risk assessment process conducted pursuant to the requirements under this chapter a more effective means of assessing the bene- fits and costs associated with alternative regulatory and nonregulatory options in pre- scribing standards under the Federal pipe- line safety regulatory program under this chapter. (c) PUBLIC SAFETY PROGRAM REQUIREMENTS.— (1) The Secretary shall include in the standards prescribed under subsection (a) of this section a requirement that an operator of a gas pipeline facility participate in a public safety program that— (A) notifies an operator of proposed demoli- tion, excavation, tunneling, or construction near or affecting the facility; (B) requires an operator to identify a pipe- line facility that may be affected by the pro- posed demolition, excavation, tunneling, or construction, to prevent damaging the facil- ity; and (C) the Secretary decides will protect a facil- ity adequately against a hazard caused by demolition, excavation, tunneling, or con- struction. (2) To the extent a public safety program re- ferred to in paragraph (1) of this subsection is not available, the Secretary shall prescribe standards requiring an operator to take action the Secretary prescribes to provide services comparable to services that would be available under a public safety program. (3) The Secretary may include in the stand- ards prescribed under subsection (a) of this sec- tion a requirement that an operator of a haz- ardous liquid pipeline facility participate in a public safety program meeting the requirements of paragraph (1) of this subsection or maintain and carry out a damage prevention program that provides services comparable to services that would be available under a public safety program. (4) PROMOTING PUBLIC AWARENESS.— (A) Not later than one year after the date of enactment of the Accountable Pipeline Safety and Accountability Act of 1996,1 and annually thereafter, the owner or operator of each interstate gas pipeline facility shall provide to the governing body of each municipality in which the interstate gas pipeline facility is lo- cated, a map identifying the location of such facility. (B)(i) Not later than June 1, 1998, the Sec- retary shall survey and assess the public edu- cation programs under section 60116 and the public safety programs under section 60102(c) and determine their effectiveness and applica- bility as components of a model program. In particular, the survey shall include the meth- ods by which operators notify residents of the location of the facility and its right of way, public information regarding existing One-Call programs, and appropriate procedures to be followed by residents of affected municipali- ties in the event of accidents involving inter- state gas pipeline facilities. (ii) Not later than one year after the survey and assessment are completed, the Secretary shall institute a rulemaking to determine the most effective public safety and education pro- gram components and promulgate if appro- priate, standards implementing those compo- nents on a nationwide basis. In the event that the Secretary finds that promulgation of such standards are not appropriate, the Secretary shall report to Congress the reasons for that finding. (d) FACILITY OPERATION INFORMATION STAND- ARDS.—The Secretary shall prescribe minimum standards requiring an operator of a pipeline fa- cility subject to this chapter to maintain, to the extent practicable, information related to oper- ating the facility as required by the standards prescribed under this chapter and, when re- quested, to make the information available to the Secretary and an appropriate State official as determined by the Secretary. The informa- tion shall include— (1) the business name, address, and tele- phone number, including an operations emer- gency telephone number, of the operator; (2) accurate maps and a supplementary geo- graphic description, including an identifica- tion of areas described in regulations pre- scribed under section 60109 of this title, that show the location in the State of— (A) major gas pipeline facilities of the op- erator, including transmission lines and sig- nificant distribution lines; and (B) major hazardous liquid pipeline facili- ties of the operator; (3) a description of— (A) the characteristics of the operator’s pipelines in the State; and (B) products transported through the oper- ator’s pipelines in the State; (4) the manual that governs operating and maintaining pipeline facilities in the State; (5) an emergency response plan describing the operator’s procedures for responding to and containing releases, including— (A) identifying specific action the operator will take on discovering a release; (B) liaison procedures with State and local authorities for emergency response; and (C) communication and alert procedures for immediately notifying State and local officials at the time of a release; and (6) other information the Secretary con- siders useful to inform a State of the presence of pipeline facilities and operations in the State. (e) PIPE INVENTORY STANDARDS.—The Sec- retary shall prescribe minimum standards re- Page 1741 TITLE 49—TRANSPORTATION § 60102 quiring an operator of a pipeline facility subject to this chapter to maintain for the Secretary, to the extent practicable, an inventory with appro- priate information about the types of pipe used for the transportation of gas or hazardous liq- uid, as appropriate, in the operator’s system and additional information, including the material’s history and the leak history of the pipe. The in- ventory— (1) for a gas pipeline facility, shall include an identification of each facility passing through an area described in regulations pre- scribed under section 60109 of this title but shall exclude equipment used with the com- pression of gas; and (2) for a hazardous liquid pipeline facility, shall include an identification of each facility and gathering line passing through an area de- scribed in regulations prescribed under section 60109 of this title, whether the facility or gath- ering line otherwise is subject to this chapter, but shall exclude equipment associated only with the pipeline pumps or storage facilities. (f) STANDARDS AS ACCOMMODATING ‘‘SMART PIGS’’.— (1) MINIMUM SAFETY STANDARDS.—The Sec- retary shall prescribe minimum safety stand- ards requiring that— (A) the design and construction of new natural gas transmission pipeline or haz- ardous liquid pipeline facilities, and (B) when the replacement of existing nat- ural gas transmission pipeline or hazardous liquid pipeline facilities or equipment is re- quired, the replacement of such existing fa- cilities be carried out, to the extent prac- ticable, in a manner so as to accommodate the passage through such natural gas trans- mission pipeline or hazardous liquid pipeline facilities of instrumented internal inspec- tion devices (commonly referred to as ‘‘smart pigs’’). The Secretary may extend such standards to require existing natural gas transmission pipeline or hazardous liq- uid pipeline facilities, whose basic construc- tion would accommodate an instrumented internal inspection device to be modified to permit the inspection of such facilities with instrumented internal inspection devices. (2) PERIODIC INSPECTIONS.—Not later than October 24, 1995, the Secretary shall prescribe, if necessary, additional standards requiring the periodic inspection of each pipeline the op- erator of the pipeline identifies under section 60109 of this title. The standards shall include any circumstances under which an inspection shall be conducted with an instrumented in- ternal inspection device and, if the device is not required, use of an inspection method that is at least as effective as using the device in providing for the safety of the pipeline. (g) EFFECTIVE DATES.—A standard prescribed under this section and section 60110 of this title is effective on the 30th day after the Secretary prescribes the standard. However, the Secretary for good cause may prescribe a different effec- tive date when required because of the time rea- sonably necessary to comply with the standard. The different date must be specified in the regu- lation prescribing the standard. (h) SAFETY CONDITION REPORTS.—(1) The Sec- retary shall prescribe regulations requiring each operator of a pipeline facility (except a master meter) to submit to the Secretary a written re- port on any— (A) condition that is a hazard to life, prop- erty, or the environment; and (B) safety-related condition that causes or has caused a significant change or restriction in the operation of a pipeline facility. (2) SUBMISSION OF REPORT.—As soon as prac- ticable, but not later than 5 business days, after a representative of a person to whom this sec- tion applies first establishes that a condition de- scribed in paragraph (1) exists, the operator shall submit the report required under that paragraph to— (A) the Secretary; (B) the appropriate State authority or, where no appropriate State authority exists, to the Governor of a State where the subject of the Safety Related Condition report oc- curred; and (C) the appropriate Tribe where the subject of the Safety Related Condition report oc- curred. (3) SUBMISSION OF REPORT TO OTHER ENTITIES.— Upon request, a State authority or a Governor that receives a report submitted under this sub- section may submit the report to any relevant emergency response or planning entity, includ- ing any— (A) State emergency response commission established pursuant to section 301 of the Emergency Planning and Community Right- To-Know Act of 1986 (42 U.S.C. 11001); (B) Tribal emergency response commission or emergency planning committee (as defined in part 355 of title 40, Code of Federal Regula- tions (or a successor regulation)); (C) local emergency planning committee es- tablished pursuant to section 301 of the Emer- gency Planning and Community Right-To- Know Act of 1986 (42 U.S.C. 11001); or (D) other public agency responsible for emer- gency response. (i) CARBON DIOXIDE REGULATION.— (1) TRANSPORTATION IN LIQUID STATE.—The Secretary shall regulate carbon dioxide trans- ported by a hazardous liquid pipeline facility. The Secretary shall prescribe standards re- lated to hazardous liquid to ensure the safe transportation of carbon dioxide by such a fa- cility. (2) TRANSPORTATION IN GASEOUS STATE.— (A) MINIMUM SAFETY STANDARDS.—The Sec- retary shall prescribe minimum safety standards for the transportation of carbon dioxide by pipeline in a gaseous state. (B) CONSIDERATIONS.—In establishing the standards, the Secretary shall consider whether applying the minimum safety standards in part 195 of title 49, Code of Fed- eral Regulations, as in effect on the date of enactment of this paragraph, for the trans- portation of carbon dioxide in a liquid state to the transportation of carbon dioxide in a gaseous state would ensure safety. (3) LIMITATION ON STATUTORY CONSTRUC- TION.—Nothing in this subsection authorizes Page 1742 TITLE 49—TRANSPORTATION § 60102 the Secretary to regulate piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of carbon dioxide or the preparation of carbon dioxide for transportation by pipeline at pro- duction, refining, or manufacturing facilities. (j) EMERGENCY FLOW RESTRICTING DEVICES.— (1) Not later than October 24, 1994, the Secretary shall survey and assess the effectiveness of emergency flow restricting devices (including remotely controlled valves and check valves) and other procedures, systems, and equipment used to detect and locate hazardous liquid pipe- line ruptures and minimize product releases from hazardous liquid pipeline facilities. (2) Not later than 2 years after the survey and assessment are completed, the Secretary shall prescribe standards on the circumstances under which an operator of a hazardous liquid pipeline facility must use an emergency flow restricting device or other procedure, system, or equipment described in paragraph (1) of this subsection on the facility. (k) LOW-STRESS HAZARDOUS LIQUID PIPE- LINES.— (1) MINIMUM STANDARDS.—Not later than De- cember 31, 2007, the Secretary shall issue regu- lations subjecting low-stress hazardous liquid pipelines to the same standards and regula- tions as other hazardous liquid pipelines, ex- cept as provided in paragraph (3). The imple- mentation of the applicable standards and reg- ulatory requirements may be phased in. The regulations issued under this paragraph shall not apply to gathering lines. (2) GENERAL PROHIBITION AGAINST LOW INTER- NAL STRESS EXCEPTION.—Except as provided in paragraph (3), the Secretary may not provide an exception to the requirements of this chap- ter for a hazardous liquid pipeline because the pipeline operates at low internal stress. (3) LIMITED EXCEPTIONS.—The Secretary shall provide or continue in force exceptions to this subsection for low-stress hazardous liq- uid pipelines that— (A) are subject to safety regulations of the United States Coast Guard; or (B) serve refining, manufacturing, or truck, rail, or vessel terminal facilities if the pipeline is less than 1 mile long (meas- ured outside the facility grounds) and does not cross an offshore area or a waterway currently used for commercial navigation, until regulations issued under paragraph (1) become effective. After such regulations be- come effective, the Secretary may retain or remove those exceptions as appropriate. (4) RELATIONSHIP TO OTHER LAWS.—Nothing in this subsection shall be construed to pro- hibit or otherwise affect the applicability of any other statutory or regulatory exemption to any hazardous liquid pipeline. (5) DEFINITION.—For purposes of this sub- section, the term ‘‘low-stress hazardous liquid pipeline’’ means a hazardous liquid pipeline that is operated in its entirety at a stress level of 20 percent or less of the specified minimum yield strength of the line pipe. (6) EFFECTIVE DATE.—The requirements of this subsection shall not take effect as to low- stress hazardous liquid pipeline operators be- fore the effective date of the rules promul- gated by the Secretary under this subsection. (l) UPDATING STANDARDS.—The Secretary shall, to the extent appropriate and practicable, update incorporated industry standards that have been adopted as part of the Federal pipe- line safety regulatory program under this chap- ter. (m) INSPECTIONS BY DIRECT ASSESSMENT.—Not later than 1 year after the date of the enactment of this subsection, the Secretary shall issue reg- ulations prescribing standards for inspection of a pipeline facility by direct assessment. (n) AUTOMATIC AND REMOTE-CONTROLLED SHUT- OFF VALVES FOR NEW TRANSMISSION PIPELINES.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of this subsection, and after considering the factors specified in sub- section (b)(2), the Secretary, if appropriate, shall require by regulation the use of auto- matic or remote-controlled shut-off valves, or equivalent technology, where economically, technically, and operationally feasible on transmission pipeline facilities constructed or entirely replaced after the date on which the Secretary issues the final rule containing such requirement. (2) HIGH-CONSEQUENCE AREA STUDY.— (A) STUDY.—The Comptroller General of the United States shall conduct a study on the ability of transmission pipeline facility operators to respond to a hazardous liquid or gas release from a pipeline segment located in a high-consequence area. (B) CONSIDERATIONS.—In conducting the study, the Comptroller General shall con- sider the swiftness of leak detection and pipeline shutdown capabilities, the location of the nearest response personnel, and the costs, risks, and benefits of installing auto- matic and remote-controlled shut-off valves. (C) REPORT.—Not later than 1 year after the date of enactment of this subsection, the Comptroller General 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 on the results of the study. (o) TRANSPORTATION-RELATED OIL FLOW LINES.— (1) DATA COLLECTION.—The Secretary may collect geospatial or technical data on trans- portation-related oil flow lines, including un- regulated transportation-related oil flow lines. (2) TRANSPORTATION-RELATED OIL FLOW LINE DEFINED.—In this subsection, the term ‘‘trans- portation-related oil flow line’’ means a pipe- line transporting oil off of the grounds of the well where it originated and across areas not owned by the producer, regardless of the ex- tent to which the oil has been processed, if at all. (3) LIMITATION.—Nothing in this subsection authorizes the Secretary to prescribe stand- ards for the movement of oil through produc- tion, refining, or manufacturing facilities or through oil production flow lines located on the grounds of wells. Page 1743 TITLE 49—TRANSPORTATION § 60102 (p) LIMITATION ON INCORPORATION OF DOCU- MENTS BY REFERENCE.—Beginning 3 years after the date of enactment of this subsection, the Secretary may not issue a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made avail- able to the public, free of charge. (q) GAS PIPELINE LEAK DETECTION AND RE- PAIR.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate final regulations that require operators of regulated gathering lines (as defined pursuant to subsection (b) of section 60101 for purposes of subsection (a)(21) of that section) in a Class 2 location, Class 3 location, or Class 4 location, as determined under section 192.5 of title 49, Code of Federal Regulations, operators of new and existing gas transmission pipeline facilities, and operators of new and existing gas distribution pipeline facilities to conduct leak detection and repair programs— (A) to meet the need for gas pipeline safe- ty, as determined by the Secretary; and (B) to protect the environment. (2) LEAK DETECTION AND REPAIR PROGRAMS.— (A) MINIMUM PERFORMANCE STANDARDS.— The final regulations promulgated under paragraph (1) shall include, for the leak de- tection and repair programs described in that paragraph, minimum performance standards that reflect the capabilities of commercially available advanced tech- nologies that, with respect to each pipeline covered by the programs, are appropriate for— (i) the type of pipeline; (ii) the location of the pipeline; (iii) the material of which the pipeline is constructed; and (iv) the materials transported by the pipeline. (B) REQUIREMENT.—The leak detection and repair programs described in paragraph (1) shall be able to identify, locate, and cat- egorize all leaks that— (i) are hazardous to human safety or the environment; or (ii) have the potential to become explo- sive or otherwise hazardous to human safe- ty. (3) ADVANCED LEAK DETECTION TECH- NOLOGIES AND PRACTICES.— (A) IN GENERAL.—The final regulations promulgated under paragraph (1) shall— (i) require the use of advanced leak de- tection technologies and practices de- scribed in subparagraph (B); (ii) identify any scenarios where opera- tors may use leak detection practices that depend on human senses; and (iii) include a schedule for repairing or replacing each leaking pipe, except a pipe with a leak so small that it poses no potential hazard, with appropriate dead- lines. (B) ADVANCED LEAK DETECTION TECH- NOLOGIES AND PRACTICES DESCRIBED.—The advanced leak detection technologies and practices referred to in subparagraph (A)(i) include— (i) for new and existing gas distribu- tion pipeline facilities, technologies and practices to detect pipeline leaks— (I) through continuous monitoring on or along the pipeline; or (II) through periodic surveys with handheld equipment, equipment mounted on mobile platforms, or other means using commercially available technology; (ii) for new and existing gas trans- mission pipeline facilities, technologies and practices to detect pipeline leaks through— (I) equipment that is capable of con- tinuous monitoring; or (II) periodic surveys with handheld equipment, equipment mounted on mo- bile platforms, or other means using commercially available technology; and (iii) for regulated gathering lines in Class 2 locations, Class 3 locations, or Class 4 locations, technologies and prac- tices to detect pipeline leaks through— (I) equipment that is capable of con- tinuous monitoring; or (II) periodic surveys with handheld equipment, equipment mounted on mo- bile platforms, or other means using commercially available technology. (4) RULES OF CONSTRUCTION.— (A) SURVEYS AND TIMELINES.—In promul- gating regulations under this subsection, the Secretary— (i) may not reduce the frequency of sur- veys required under any other provision of this chapter or stipulated by regulation as of the date of enactment of this sub- section; and (ii) may not extend the duration of any timelines for the repair or remediation of leaks that are stipulated by regulation as of the date of enactment of this sub- section. (B) APPLICATION.—The limitations in this paragraph do not restrict the Secretary’s ability to modify any regulations through proceedings separate from or subsequent to the final regulations required under para- graph (1). (C) EXISTING AUTHORITY.—Nothing in this subsection may be construed to alter the au- thority of the Secretary to regulate gath- ering lines as defined pursuant to section 60101. (r) EMERGENCY RESPONSE PLANS.—Not later than 2 years after the date of enactment of this subsection, the Secretary shall update regula- tions to ensure that each emergency response plan developed by an operator of a distribution system under subsection (d)(5), includes written procedures for— (1) establishing communication with first re- sponders and other relevant public officials, as soon as practicable, beginning from the time Page 1744 TITLE 49—TRANSPORTATION § 60102 of confirmed discovery, as determined by the Secretary, by the operator of a gas pipeline emergency involving a release of gas from a distribution system of that operator that re- sults in— (A) a fire related to an unintended release of gas; (B) an explosion; (C) 1 or more fatalities; or (D) the unscheduled release of gas and shutdown of gas service to a significant number of customers, as determined by the Secretary; (2) establishing general public communica- tion through an appropriate channel— (A) as soon as practicable, as determined by the Secretary, after a gas pipeline emer- gency described in paragraph (1); and (B) that provides information regarding— (i) the emergency described in subpara- graph (A); and (ii) the status of public safety; and (3) the development and implementation of a voluntary, opt-in system that would allow op- erators of distribution systems to rapidly communicate with customers in the event of an emergency. (s) OPERATIONS AND MAINTENANCE MANUALS.— Not later than 2 years after the date of enact- ment of this subsection, the Secretary shall up- date regulations to ensure that each procedural manual for operations, maintenance, and emer- gencies developed by an operator of a distribu- tion pipeline under subsection (d)(4), includes written procedures for— (1) responding to overpressurization indica- tions, including specific actions and an order of operations for immediately reducing pres- sure in or shutting down portions of the gas distribution system, if necessary; and (2) a detailed procedure for the management of the change process, which shall— (A) be applied to significant technology, equipment, procedural, and organizational changes to the distribution system; and (B) ensure that relevant qualified per- sonnel, such as an engineer with a profes- sional engineer licensure, subject matter ex- pert, or other employee who possesses the necessary knowledge, experience, and skills regarding natural gas distribution systems, review and certify construction plans for ac- curacy, completeness, and correctness. (t) OTHER PIPELINE SAFETY PRACTICES.— (1) RECORDS.—Not later than 2 years after the date of enactment of this subsection, the Secretary shall promulgate regulations to re- quire an operator of a distribution system— (A) to identify and manage traceable, reli- able, and complete records, including maps and other drawings, critical to ensuring proper pressure controls for a gas distribu- tion system, and updating these records as needed, while collecting and identifying other records necessary for risk analysis on an opportunistic basis; and (B) to ensure that the records required under subparagraph (A) are— (i) accessible to all personnel responsible for performing or overseeing relevant con- struction or engineering work; and (ii) submitted to, or made available for inspection by, the Secretary or the rel- evant State authority with a certification in effect under section 60105. (2) PRESENCE OF QUALIFIED EMPLOYEES.— (A) IN GENERAL.—Not later than 180 days after the date of enactment of this sub- section, the Secretary shall promulgate reg- ulations to require that not less than 1 agent of an operator of a distribution system who is qualified to perform relevant covered tasks, as determined by the Secretary, shall monitor gas pressure at the district regu- lator station or at an alternative site with equipment capable of ensuring proper pres- sure controls and have the capability to promptly shut down the flow of gas or con- trol over pressurization at a district regu- lator station during any construction project that has the potential to cause a haz- ardous overpressurization at that station, including tie-ins and abandonment of dis- tribution lines and mains, based on an eval- uation, conducted by the operator, of threats that could result in unsafe operation. (B) EXCLUSION.—In promulgating regula- tions under subparagraph (A), the Secretary shall ensure that those regulations do not apply to a district regulating station that has a monitoring system and the capability for remote or automatic shutoff. (3) DISTRICT REGULATOR STATIONS.— (A) IN GENERAL.—Not later than 1 year after the date of enactment of this sub- section, the Secretary shall promulgate reg- ulations to require that each operator of a distribution system assesses and upgrades, as appropriate, each district regulator sta- tion of the operator to ensure that— (i) the risk of the gas pressure in the dis- tribution system exceeding, by a common mode of failure, the maximum allowable operating pressure (as described in section 192.623 of title 49, Code of Federal Regula- tions (or a successor regulation)) allowed under Federal law (including regulations) is minimized; (ii) the gas pressure of a low-pressure distribution system is monitored, particu- larly at or near the location of critical pressure-control equipment; (iii) the regulator station has secondary or backup pressure-relieving or over- pressure-protection safety technology, such as a relief valve or automatic shutoff valve, or other pressure-limiting devices appropriate for the configuration and siting of the station and, in the case of a regulator station that employs the pri- mary and monitor regulator design, the operator shall eliminate the common mode of failure or provide backup protection ca- pable of either shutting the flow of gas, re- lieving gas to the atmosphere to fully pro- tect the distribution system from over- pressurization events, or there must be technology in place to eliminate a com- mon mode of failure; and (iv) if the Secretary determines that it is not operationally possible for an operator Page 1745 TITLE 49—TRANSPORTATION § 60102 to implement the requirements under clause (iii), the Secretary shall require such operator to identify actions in their plan that minimize the risk of an over- pressurization event. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1304; Pub. L. 104–304, §§ 4, 20(g), Oct. 12, 1996, 110 Stat. 3794, 3805; Pub. L. 107–355, §§ 20(a)(1), (2)(A), 23, Dec. 17, 2002, 116 Stat. 3009, 3011; Pub. L. 109–468, § 4, Dec. 29, 2006, 120 Stat. 3490; Pub. L. 112–90, §§ 4, 12, 15, 18(b), 24, Jan. 3, 2012, 125 Stat. 1906, 1913, 1915, 1916, 1919; Pub. L. 113–30, § 1, Aug. 9, 2013, 127 Stat. 510; Pub. L. 116–260, div. R, title I, §§ 113, 118, 121, title II, §§ 203, 204, 206, Dec. 27, 2020, 134 Stat. 2228, 2234, 2236, 2239–2241.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60102(a)(1) .. 49 App.:1672(a)(1) (1st, 2d sen- tences). Aug. 12, 1968, Pub. L. 90–481, § 3(a)(1) (1st, 2d, 7th, 8th sentences), 82 Stat. 721; Oct. 11, 1976, Pub. L. 94–477, § 4(1), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§ 101(a), 109(c)–(e), 93 Stat. 990, 996; Oct. 24, 1992, Pub. L. 102–508, § 101(a)(1), (2), 106 Stat. 3290. 49 App.:1672(a)(1) (3d sentence). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(a)(1) (3d sentence); added Oct. 31, 1988, Pub. L. 100–561, § 101, 102 Stat. 2806; Oct. 24, 1992, Pub. L. 102–508, § 106(1), 102 Stat. 3293. 49 App.:2002(a)(1) (1st, 2d sen- tences). Nov. 30, 1979, Pub. L. 96–129, 203(a)(1), 93 Stat. 1004; Oct. 22, 1986, Pub. L. 99–516, § 3(b)(1)(A), 100 Stat. 2966; Oct. 24, 1992, Pub. L. 102–508, § 201(a)(1), 106 Stat. 3299. 49 App.:2002(c) (1st sentence). Nov. 30, 1979, Pub. L. 96–129, § 203(c) (1st sentence), (e), (f), 93 Stat. 1004. 49 App.:2002(c) (2d sentence). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(c) (2d sentence); added Oct. 31, 1988, Pub. L. 100–561, § 201, 102 Stat. 2809; Oct. 24, 1992, Pub. L. 102–508, § 205(1), 106 Stat. 3302. 60102(a)(2) .. 49 App.:1672(a)(1) (4th, 5th sen- tences). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(a)(1) (4th, 5th sentences); added Oct. 24, 1992, Pub. L. 102–508, § 106(2), 102 Stat. 3293. 49 App.:2002(c) (3d, 4th sentences). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(c) (3d, 4th sentences); added Oct. 24, 1992, Pub. L. 102–508, § 205(2), 106 Stat. 3302. 60102(b) ...... 49 App.:1672(a)(1) (7th, 8th sen- tences). 49 App.:2002(a)(1) (last sentence). 49 App.:2002(b) (1st sentence). Nov. 30, 1979, Pub. L. 96–129, § 203(b) (1st sentence), 93 Stat. 1004; Oct. 24, 1992, Pub. L. 102–508, § 201(a)(3), 106 Stat. 3300. 60102(c)(1), (2). 49 App.:1672(a)(2). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(a)(2); added Nov. 30, 1979, Pub. L. 96–129, §§ 101(a), 109(c), 93 Stat. 990, 996. 60102(c)(3) .. 49 App.:2002(e). 60102(d) ...... 49 App.:1672(e). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(e); added Oct. 31, 1988, Pub. L. 100–561, § 102, 102 Stat. 2806; Oct. 24, 1992, Pub. L. 102–508, § 102(b), 106 Stat. 3291. 49 App.:2002(i). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(i); added Oct. 31, 1988, Pub. L. 100–561, § 202, 102 Stat. 2810; Oct. 24, 1992, Pub. L. 102–508, § 202(b), 106 Stat. 3301. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 60102(e) ...... 49 App.:1672(f). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(f); added Oct. 31, 1988, Pub. L. 100–561, § 102, 102 Stat. 2806; Oct. 24, 1992, Pub. L. 102–508, § 102(a)(1), 106 Stat. 3290. 49 App.:2002(j). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(j); added Oct. 31, 1988, Pub. L. 100–561, § 202, 102 Stat. 2810; Oct. 24, 1992, Pub. L. 102–508, § 202(a)(1), 106 Stat. 3300. 60102(f) ....... 49 App.:1672(g). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(g); added Oct. 31, 1988, Pub. L. 100–561, § 108(b), 102 Stat. 2808; Oct. 24, 1992, Pub. L. 102–508, § 103, 106 Stat. 3291. 49 App.:2002(k). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(k); added Oct. 31, 1988, Pub. L. 100–561, § 207(b), 102 Stat. 2812; Oct. 24, 1992, Pub. L. 102–508, § 203, 106 Stat. 3301. 60102(g) ...... 49 App.:1672(b). Aug. 12, 1968, Pub. L. 90–481, § 3(b), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96–129, § 109(c), (f), 93 Stat. 996. 49 App.:2002(f). 60102(h) ...... 49 App.:1672(a)(3). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(a)(3); added Oct. 22, 1986, Pub. L. 99–516, § 3(a)(1), 100 Stat. 2965; Oct. 24, 1992, Pub. L. 102–508, § 101(a)(3), 106 Stat. 3290. 49 App.:2002(a)(2). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(a)(2); added Oct. 22, 1986, Pub. L. 99–516, § 3(b)(1)(B), 100 Stat. 2966; Oct. 24, 1992, Pub. L. 102–508, § 201(a)(2), 106 Stat. 3300. 60102(i) ....... 49 App.:2015. Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 219; added Oct. 31, 1988, Pub. L. 100–561, § 211(a), 102 Stat. 2813. 49 App.:2015 (note). Oct. 31, 1988, Pub. L. 100–561, § 211(c), 102 Stat. 2813. 60102(j) ....... 49 App.:2002(n). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(n); added Oct. 24, 1992, Pub. L. 102–508, § 212, 106 Stat. 3304. 60102(k) ...... 49 App.:2002(b) (last sentence). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(b) (last sentence); added Oct. 24, 1992, Pub. L. 102–508, § 206, 106 Stat. 3302. In this section, the word ‘‘Federal’’ is omitted as sur- plus. In subsection (a)(1), before clause (A), the word ‘‘pre- scribe’’ is substituted for ‘‘by regulation, establish’’ for consistency in the revised title and with other titles of the United States Code. Standards are made applicable to transporters of gas and to owners and operators of gas pipeline facilities because of 49 App.:1677(a)(1), re- stated in section 60118 of the revised title. In subsection (b), before clause (1), the words ‘‘Except as provided in section 60103 of this title’’ are added for clarity. In clause (3), the word ‘‘proposed’’ is omitted as surplus. In subsection (c)(1), before clause (A), the words ‘‘Not later than 12 months after November 30, 1979’’ are omit- ted as executed. The word ‘‘gas’’ is added because of the restatement. In clause (B), the word ‘‘specific’’ is omit- ted as surplus. In clause (C), the words ‘‘will protect’’ are substituted for ‘‘is being carried out in a manner . . . to assure protection’’ to eliminate unnecessary words. In subsection (c)(2) and (3), the words ‘‘to the public with respect to that operator’s pipeline facilities which are’’ are omitted as surplus. In subsection (c)(2), the word ‘‘prescribe’’ is sub- stituted for ‘‘provide’’ for consistency in the revised title and with other titles of the Code. Page 1746 TITLE 49—TRANSPORTATION § 60102 In subsection (c)(3), the words ‘‘participate in a public safety program meeting the requirements of paragraph (1) of this subsection’’ are substituted for 49 App.:2002(e)(1) to eliminate unnecessary words. In subsection (d), before clause (1), the words ‘‘Not later than 1 year after October 31, 1988’’ are omitted as obsolete. The word ‘‘prescribe’’ is substituted for ‘‘es- tablish by regulation’’ for consistency in the revised title and with other titles of the Code. The word ‘‘main- tain’’ is substituted for ‘‘provide, and revise as nec- essary’’ and ‘‘completed and maintained’’ to eliminate unnecessary words. The words ‘‘as the case may be’’ are omitted as surplus. In clause (2), before subclause (A), the words ‘‘map or’’ and ‘‘appropriate’’ are omitted as surplus. In clause (5)(B), the word ‘‘government’’ is omitted as surplus and for consistency in this chapter. In clause (6), the words ‘‘and necessary’’ are omitted as surplus. In subsections (e) and (f), the word ‘‘prescribe’’ is sub- stituted for ‘‘by regulation, establish’’ for consistency in the revised title and with other titles of the Code. In subsection (e), before clause (1), the words ‘‘not later than 1 year after October 31, 1988’’ are omitted as obsolete. The words ‘‘complete and’’ and ‘‘and to revise as appropriate thereafter’’ are omitted as surplus. In subsections (e)(2) and (k), the words ‘‘regulation under’’ are omitted as surplus. In subsection (g), the words ‘‘and amendments there- to’’ and ‘‘recited’’ are omitted as surplus. The word ‘‘different’’ is substituted for ‘‘earlier or later’’ to eliminate unnecessary words. The words ‘‘or amend- ing’’ are omitted as surplus. In subsection (h)(1), before clause (A), the words ‘‘Not later than 12 months after October 22, 1986’’ are omitted as obsolete. In subsection (i), the words ‘‘In addition to hazardous liquids’’, ‘‘under this chapter’’, and ‘‘as necessary and appropriate’’ are omitted as surplus. In subsection (k), the words ‘‘In exercising any dis- cretion under this chapter’’ are omitted as surplus. The word ‘‘because’’ is substituted for ‘‘on the basis of the fact that’’ to eliminate unnecessary words. Editorial Notes REFERENCES IN TEXT The date of enactment of the Accountable Pipeline Safety and Accountability Act of 1996, referred to in subsec. (c)(4)(A), probably means the date of enactment of the Accountable Pipeline Safety and Partnership Act of 1996, Pub. L. 104–304, which amended this section and was approved Oct. 12, 1996. The date of enactment of this paragraph, referred to in subsec. (i)(2)(B), and the date of enactment of this subsection, referred to in subsecs. (n) and (p), are the date of enactment of Pub. L. 112–90, which was approved Jan. 3, 2012. The date of the enactment of this subsection, referred to in subsec. (m), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002. The date of enactment of this subsection, referred to in subsecs. (q) to (t), is the date of enactment of Pub. L. 116–260, which was approved Dec. 27, 2020. AMENDMENTS 2020—Subsec. (b)(5). Pub. L. 116–260, § 118, substituted ‘‘chapter’’ for ‘‘Chapter’’ and inserted ‘‘, including safe- ty and environmental benefits,’’ after ‘‘benefits’’. Subsec. (h)(2), (3). Pub. L. 116–260, § 121, added pars. (2) and (3) and struck out former par. (2) which read as fol- lows: ‘‘The Secretary must receive the report not later than 5 working days after a representative of a person to which this section applies first establishes that the condition exists. Notice of the condition shall be given concurrently to appropriate State authorities.’’ Subsec. (q). Pub. L. 116–260, § 113, added subsec. (q). Subsec. (r). Pub. L. 116–260, § 203, added subsec. (r). Subsec. (s). Pub. L. 116–260, § 204, added subsec. (s). Subsec. (t). Pub. L. 116–260, § 206, added subsec. (t). 2013—Subsec. (p). Pub. L. 113–30 substituted ‘‘3 years’’ for ‘‘1 year’’ and struck out ‘‘guidance or’’ before ‘‘a regulation’’ and ‘‘, on an Internet Web site’’ before pe- riod at end. 2012—Subsec. (a)(2)(A). Pub. L. 112–90, § 18(b), sub- stituted ‘‘any or all of the owners or operators’’ for ‘‘owners and operators’’. Subsec. (i). Pub. L. 112–90, § 15, designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3). Subsec. (j)(3). Pub. L. 112–90, § 4(1), struck out par. (3). Text read as follows: ‘‘(A) Not later than June 1, 1998, the Secretary shall survey and assess the effectiveness of remotely con- trolled valves to shut off the flow of natural gas in the event of a rupture of an interstate natural gas pipeline facility and shall make a determination about whether the use of remotely controlled valves is technically and economically feasible and would reduce risks associ- ated with a rupture of an interstate natural gas pipe- line facility. ‘‘(B) Not later than one year after the survey and as- sessment are completed, if the Secretary has deter- mined that the use of remotely controlled valves is technically and economically feasible and would reduce risks associated with a rupture of an interstate natural gas pipeline facility, the Secretary shall prescribe standards under which an operator of an interstate nat- ural gas pipeline facility must use a remotely con- trolled valve. These standards shall include, but not be limited to, requirements for high-density population areas.’’ Subsec. (n). Pub. L. 112–90, § 4(2), added subsec. (n). Subsec. (o). Pub. L. 112–90, § 12, added subsec. (o). Subsec. (p). Pub. L. 112–90, § 24, added subsec. (p). 2006—Subsec. (k). Pub. L. 109–468 amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: ‘‘The Secretary may not provide an exception to this chapter for a hazardous liquid pipeline facility only because the facility operates at low internal stress.’’ 2002—Pub. L. 107–355, § 20(a)(2)(A), substituted ‘‘Pur- pose and general authority’’ for ‘‘General authority’’ in section catchline. Subsec. (a). Pub. L. 107–355, § 20(a)(1), inserted subsec. heading, added par. (1), redesignated former par. (1) as (2), realigned margins, and substituted ‘‘MINIMUM SAFE- TY STANDARDS’’ for ‘‘MINIMUM SAFETY STANDARDS’’ in heading and ‘‘The Secretary’’ for ‘‘The Secretary of Transportation’’ in introductory provisions, and redes- ignated former par. (2) as (3) and inserted heading. Subsec. (m). Pub. L. 107–355, § 23, added subsec. (m). 1996—Subsec. (a)(1)(A). Pub. L. 104–304, § 4(a)(1), struck out ‘‘transporters of gas and hazardous liquid and to’’ after ‘‘apply to’’. Subsec. (a)(1)(C). Pub. L. 104–304, § 4(a)(2), added sub- par. (C) and struck out former subpar. (C) which read as follows: ‘‘shall include a requirement that all individ- uals responsible for the operation and maintenance of pipeline facilities be tested for qualifications and cer- tified to operate and maintain those facilities.’’ Subsec. (a)(2). Pub. L. 104–304, § 4(a)(3), added par. (2) and struck out former par. (2) which read as follows: ‘‘As the Secretary considers appropriate, the operator of a pipeline facility may make the certification under paragraph (1)(C) of this subsection. Testing and certifi- cation under paragraph (1)(C) shall address the ability to recognize and react appropriately to abnormal oper- ating conditions that may indicate a dangerous situa- tion or a condition exceeding design limits.’’ Subsec. (b). Pub. L. 104–304, § 4(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘A standard pre- scribed under subsection (a) of this section shall be practicable and designed to meet the need for gas pipe- line safety, for safely transporting hazardous liquid, and for protecting the environment. Except as provided in section 60103 of this title, when prescribing the standard the Secretary shall consider— ‘‘(1) relevant available— Page 1747 TITLE 49—TRANSPORTATION § 60102 ‘‘(A) gas pipeline safety information; or ‘‘(B) hazardous liquid pipeline information; ‘‘(2) the appropriateness of the standard for the par- ticular type of pipeline transportation or facility; ‘‘(3) the reasonableness of the standard; and ‘‘(4) the extent to which the standard will con- tribute to public safety and the protection of the en- vironment.’’ Subsec. (c)(4). Pub. L. 104–304, § 4(g), added par. (4). Subsec. (d). Pub. L. 104–304, § 4(c), inserted ‘‘as re- quired by the standards prescribed under this chapter’’ after ‘‘operating the facility’’, substituted ‘‘to make the information available’’ for ‘‘to provide the informa- tion’’, and inserted ‘‘as determined by the Secretary’’ after ‘‘to the Secretary and an appropriate State offi- cial’’. Subsec. (e). Pub. L. 104–304, § 4(d)(2), substituted ‘‘transportation’’ for ‘‘transmission’’ in introductory provisions. Pub. L. 104–304, § 4(d)(1), in introductory provisions, directed striking out ‘‘and, to the extent the Secretary considers necessary, an operator of a gathering line that is not a regulated gather line (as defined under section 60101(b)(2) of this title),’’ after ‘‘subject to this chapter’’, which was executed by striking out text which read in part ‘‘regulated gathering line’’ instead of ‘‘regulated gather line’’, to reflect the probable in- tent of Congress. Subsec. (f)(1). Pub. L. 104–304, § 4(e)(1), added heading and text of par. (1) and struck out former par. (1) which read as follows: ‘‘The Secretary shall prescribe min- imum safety standards requiring that the design and construction of a new gas pipeline transmission facility or hazardous liquid pipeline facility, and the required replacement of an existing gas pipeline transmission facility, hazardous liquid pipeline facility, or equip- ment, be carried out, to the extent practicable, in a way that accommodates the passage through the facil- ity of an instrumented internal inspection device (com- monly referred to as a ‘smart pig’). The Secretary may apply the standard to an existing gas or hazardous liq- uid transmission facility and require the facility to be changed to allow the facility to be inspected with an instrumented internal inspection device if the basic construction of the facility will accommodate the de- vice.’’ Subsec. (f)(2). Pub. L. 104–304, §§ 4(e)(2), 20(g), inserted heading, realigned margins, inserted ‘‘, if necessary, additional’’ after ‘‘the Secretary shall prescribe’’, and substituted ‘‘standards’’ for ‘‘regulations’’ in two places. Subsecs. (i), (j)(2). Pub. L. 104–304, § 20(g), substituted ‘‘standards’’ for ‘‘regulations’’. Subsec. (j)(3). Pub. L. 104–304, § 4(h), added par. (3). Subsec. (l). Pub. L. 104–304, § 4(f), added subsec. (l). Statutory Notes and Related Subsidiaries INTERSTATE DRUG AND ALCOHOL OVERSIGHT Pub. L. 116–260, div. R, title I, § 117, Dec. 27, 2020, 134 Stat. 2234, provided that: ‘‘(a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act [Dec. 27, 2020], the Sec- retary [of Transportation] shall amend the auditing program for the drug and alcohol regulations in part 199 of title 49, Code of Federal Regulations, to improve the efficiency and processes of those regulations as ap- plied to— ‘‘(1) operators; and ‘‘(2) pipeline contractors working for multiple oper- ators in multiple States. ‘‘(b) REQUIREMENT.—In carrying out subsection (a), the Secretary shall minimize duplicative audits of the same operators, and the contractors working for those operators, by the Administration and multiple State agencies. ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section may be construed to require modification of the inspec- tion or enforcement authority of any Federal agency or State.’’ RULEMAKING ON SHUT-OFF VALVES AND HAZARDOUS LIQUID PIPELINE FACILITIES LEAK DETECTION SYSTEMS Pub. L. 117–103, div. L, title I, Mar. 15, 2022, 136 Stat. 720, provided in part: ‘‘That the Secretary of Transpor- tation shall issue a final rule on automatic and remote- controlled shut-off valves and hazardous liquid pipeline facilities leak detection systems as required under sec- tion 4 [amending this section] and section 8 [enacting provisions set out as a note under section 60108 of this title] of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112–90), respec- tively, not later than 120 days after the date of enact- ment of this Act [Mar. 15, 2022]’’. Pub. L. 116–94, div. H, title I, Dec. 20, 2019, 133 Stat. 2968, provided in part: ‘‘That no later than 90 days after enactment of this Act [Dec. 20, 2019], the Secretary of Transportation shall initiate a rulemaking on auto- matic and remote-controlled shut-off valves and haz- ardous liquid pipeline facilities leak detection systems as required under section 4 [amending this section] and section 8 [enacting provisions set out as a note under section 60108 of this title] of the Pipeline Safety, Regu- latory Certainty, and Job Creation Act of 2011 (Public Law 112–90), respectively, and shall issue a final rule no later than one year after enactment of this Act.’’ RULEMAKING TO EXPAND APPLICABILITY OF COMPREHENSIVE OIL SPILL RESPONSE PLANS Pub. L. 116–6, div. G, title I, Feb. 15, 2019, 133 Stat. 427, provided in part: ‘‘That the Secretary of Transpor- tation shall issue a final rule to expand the applica- bility of comprehensive oil spill response plans within 90 days of enactment of this Act [Feb. 15, 2019]’’. Pub. L. 115–141, div. L, title I, Mar. 23, 2018, 132 Stat. 1001, provided in part: ‘‘That the Secretary of Transpor- tation shall issue a final rule to expand the applica- bility of comprehensive oil spill response plans within 5 days of enactment of this Act [Mar. 23, 2018].’’ Pub. L. 115–31, div. K, title I, May 5, 2017, 131 Stat. 752, provided in part: ‘‘That the Secretary of Transpor- tation shall issue a final rule to expand the applica- bility of comprehensive oil spill response plans no later than August 1, 2017’’. Pub. L. 114–113, div. L, title I, Dec. 18, 2015, 129 Stat. 2861, provided in part: ‘‘That no later than 90 days after the date of enactment of this Act [Dec. 18, 2015], the Secretary of Transportation shall initiate a rule- making to expand the applicability of comprehensive oil spill response plans, and shall issue a final rule no later than one year after the date of enactment of this Act.’’ RESPONSE PLANS Pub. L. 114–183, § 18, June 22, 2016, 130 Stat. 527, pro- vided that: ‘‘Each owner or operator of a hazardous liq- uid pipeline facility required to prepare a response plan pursuant to part 194 of title 49, Code of Federal Regula- tions, shall— ‘‘(1) consider the impact of a discharge into or on navigable waters or adjoining shorelines, including those that may be covered in whole or in part by ice; and ‘‘(2) include procedures and resources for respond- ing to such discharge in the plan.’’ STANDARDS TO IMPLEMENT NTSB RECOMMENDATIONS Pub. L. 109–468, § 19, Dec. 29, 2006, 120 Stat. 3498, as amended by Pub. L. 110–244, title III, § 302(j), June 6, 2008, 122 Stat. 1618, provided that: ‘‘Not later than June 1, 2008, the Secretary of Transportation shall issue standards that implement the following recommenda- tions contained in the National Transportation Safety Board’s report entitled ‘Supervisory Control and Data Acquisition (SCADA) in Liquid Pipelines’ and adopted November 29, 2005: ‘‘(1) Implementation of the American Petroleum In- stitute’s Recommended Practice 1165 for the use of graphics on the supervisory control and data acquisi- tion screens. Page 1748 TITLE 49—TRANSPORTATION § 60103 ‘‘(2) Implementation of a standard for pipeline com- panies to review and audit alarms on monitoring equipment. ‘‘(3) Implementation of standards for pipeline con- troller training that include simulator or noncomput- erized simulations for controller recognition of ab- normal pipeline operating conditions, in particular, leak events.’’ STATE PIPELINE SAFETY ADVISORY COMMITTEES Pub. L. 107–355, § 24, Dec. 17, 2002, 116 Stat. 3011, pro- vided that: ‘‘Within 90 days after receiving rec- ommendations for improvements to pipeline safety from an advisory committee appointed by the Governor of any State, the Secretary of Transportation shall re- spond in writing to the committee setting forth what action, if any, the Secretary will take on those rec- ommendations and the Secretary’s reasons for acting or not acting upon any of the recommendations.’’ § 60103. Standards for liquefied natural gas pipe- line 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 pre- scribing a standard, the Secretary shall consider the— (1) kind and use of the facility; (2) existing and projected population and de- mographic 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 pre- vention capabilities near the location that can cope with a risk caused by the facility; (6) need to encourage remote siting; and (7) national security. (b) DESIGN, INSTALLATION, CONSTRUCTION, IN- SPECTION, AND TESTING STANDARDS.—The Sec- retary of Transportation shall prescribe min- imum safety standards for designing, installing, constructing, initially inspecting, and initially testing a new liquefied natural gas pipeline fa- cility. When prescribing a standard, the Sec- retary 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 nat- ural gas to be stored or converted at, or trans- ported 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, loca- tion, installation, construction, initial inspec- tion, or initial testing standard prescribed under this chapter after March 1, 1978, does not apply to an existing liquefied natural gas pipeline fa- cility 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 ap- plied. (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 lique- fied natural gas pipeline facility if the compo- nent or part is placed in service after the stand- ard is prescribed and application of the stand- ard— (i) does not make the component or part in- compatible 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 con- sider— (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 inten- tional act that could cause a liquefied natural gas accident; (4) maintenance procedures and equipment; (5) the training of personnel in matters spec- ified 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 dif- ferent date must be specified in the regulation prescribing the standard. (f) CONTINGENCY PLANS.—A new liquefied nat- ural gas pipeline facility may be operated only after the operator submits an adequate contin- gency plan that states the action to be taken if a liquefied natural gas accident occurs. The Sec- retary of Energy or appropriate State or local authority shall decide if the plan is adequate. (g) EFFECT ON OTHER STANDARDS.—This sec- tion does not preclude applying a standard pre- scribed under section 60102 of this title to a gas pipeline facility (except a liquefied natural gas pipeline facility) associated with a liquefied nat- ural gas pipeline facility. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1307; Pub. L. 114–183, § 27(a), June 22, 2016, 130 Stat. 531.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60103(a) ...... 49 App.:1674a(a) (1)(A), (d)(1), (e). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 6; added Nov. 30, 1979, Pub. L. 96–129, § 152(a), 93 Stat. 999.