49 U.S.C. § 60101 — Definitions

Page 1733 TITLE 49—TRANSPORTATION § 60101 on the Gulf Coast. Moving forward on a pipeline from Cushing to Port Arthur, Texas, could create jobs, pro- mote American energy production, and ultimately ben- efit consumers. Although expanding and modernizing our Nation’s pipeline infrastructure will not lower prices right away, it is a vital part of a sustained strategy to con- tinue to reduce our reliance on foreign oil and enhance our Nation’s energy security. Therefore, as part of my Administration’s broader efforts to improve the per- formance of Federal permitting and review processes, we must make pipeline infrastructure a priority, ensur- ing the health, safety, and security of communities and the environment while supporting projects that can contribute to economic growth and a secure energy fu- ture. In doing so, the Federal Government must work in partnership with State, local, and tribal govern- ments, which play a central role in the siting and per- mitting of pipelines; and, we must protect our natural resources and address the concerns of local commu- nities. SECTION 1. Expedited Review of Pipeline Projects from Cushing to Port Arthur and Other Domestic Pipeline Infra- structure Projects. (a) To address the existing bottleneck in Cushing, as well as other current or anticipated bot- tlenecks, agencies shall, to the maximum extent prac- ticable and consistent with available resources and ap- plicable laws (including those relating to public safety, public health, and environmental protection), coordi- nate and expedite their reviews, consultations, and other processes as necessary to expedite decisions re- lated to domestic pipeline infrastructure projects that would contribute to a more efficient domestic pipeline system for the transportation of crude oil, such as a pipeline from Cushing to Port Arthur. This subsection shall be implemented consistent with my Executive Order of March 22, 2012 (Improving Performance of Fed- eral Permitting and Review of Infrastructure Projects), and applicable projects shall have their status tracked on the online Federal Infrastructure Projects Dash- board referenced therein. (b) In expediting reviews pursuant to subsection (a) of this section, agencies shall, to the maximum extent practicable and consistent with applicable law, utilize and incorporate information from prior environmental reviews and studies conducted in connection with pre- vious applications for similar or overlapping infra- structure projects so as to avoid duplicating effort. SEC. 2. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to a department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget related to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 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 Com- mission (or any predecessor); or (ii) the appropriate State or local au- thority, if the facility is not subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 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 pipe- line, 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 re- leased in significant quantities; and (C) a substance the Secretary of Transpor- tation decides may pose an unreasonable risk to life or property when transported by a hazardous liquid pipeline facility in a liq- uid state (except for liquefied natural gas); (5) ‘‘hazardous liquid pipeline facility’’ in- cludes 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 Com- mission under the Natural Gas Act (15 U.S.C. 717 et seq.); (7) ‘‘interstate hazardous liquid pipeline fa- cility’’ means a hazardous liquid pipeline fa- cility used to transport hazardous liquid in interstate or foreign commerce; (8) ‘‘interstate or foreign commerce’’— (A) related to gas, means commerce— (i) between a place in a State and a place outside that State; or (ii) that affects any commerce described in subclause (A)(i) of this clause; and (B) related to hazardous liquid, means commerce between— (i) a place in a State and a place outside that State; or (ii) places in the same State through a place outside the State; (9) ‘‘intrastate gas pipeline facility’’ means a gas pipeline facility and transportation of gas within a State not subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.); (10) ‘‘intrastate hazardous liquid pipeline fa- cility’’ means a hazardous liquid pipeline fa- cility that is not an interstate hazardous liq- uid pipeline facility; (11) ‘‘liquefied natural gas’’ means natural gas in a liquid or semisolid state; (12) ‘‘liquefied natural gas accident’’ means a release, burning, or explosion of liquefied nat- ural gas from any cause, except a release, burning, or explosion that, under regulations prescribed by the Secretary, does not pose a threat to public health or safety, property, or the environment; Page 1734 TITLE 49—TRANSPORTATION § 60101 (13) ‘‘liquefied natural gas conversion’’ means conversion of natural gas into liquefied natural gas or conversion of liquefied natural gas into natural gas; (14) ‘‘liquefied natural gas pipeline facil- ity’’— (A) means a gas pipeline facility used for transporting or storing liquefied natural gas, or for liquefied natural gas conversion, in interstate or foreign commerce; but (B) does not include any part of a struc- ture or equipment located in navigable wa- ters (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)); (15) ‘‘municipality’’ means a political sub- division of a State; (16) ‘‘new liquefied natural gas pipeline facil- ity’’ means a liquefied natural gas pipeline fa- cility except an existing liquefied natural gas pipeline facility; (17) ‘‘person’’, in addition to its meaning under section 1 of title 1 (except as to soci- eties), includes a State, a municipality, and a trustee, receiver, assignee, or personal rep- resentative of a person; (18) ‘‘pipeline facility’’ means a gas pipeline facility and a hazardous liquid pipeline facil- ity; (19) ‘‘pipeline transportation’’ means trans- porting gas and transporting hazardous liquid; (20) ‘‘State’’ means a State of the United States, the District of Columbia, and Puerto Rico; (21) ‘‘transporting gas’’— (A) means— (i) the gathering, transmission, or dis- tribution of gas by pipeline, or the storage of gas, in interstate or foreign commerce; and (ii) the movement of gas through regu- lated gathering lines; but (B) does not include gathering gas (except through regulated gathering lines) in a rural area outside a populated area designated by the Secretary as a nonrural area; (22) ‘‘transporting hazardous liquid’’— (A) means— (i) the movement of hazardous liquid by pipeline, or the storage of hazardous liquid incidental to the movement of hazardous liquid by pipeline, in or affecting inter- state or foreign commerce; and (ii) the movement of hazardous liquid through regulated gathering lines; but (B) does not include moving hazardous liq- uid through— (i) gathering lines (except regulated gathering lines) in a rural area; (ii) onshore production, refining, or man- ufacturing facilities; or (iii) storage or in-plant piping systems associated with onshore production, refin- ing, or manufacturing facilities; (23) ‘‘risk management’’ means the system- atic application, by the owner or operator of a pipeline facility, of management policies, pro- cedures, finite resources, and practices to the tasks of identifying, analyzing, assessing, re- ducing, and controlling risk in order to pro- tect employees, the general public, the envi- ronment, and pipeline facilities; (24) ‘‘risk management plan’’ means a man- agement plan utilized by a gas or hazardous liquid pipeline facility owner or operator that encompasses risk management; (25) ‘‘Secretary’’ means the Secretary of Transportation; and (26) ‘‘underground natural gas storage facil- ity’’ means a gas pipeline facility that stores natural gas in an underground facility, includ- ing— (A) a depleted hydrocarbon reservoir; (B) an aquifer reservoir; or (C) a solution-mined salt cavern reservoir. (b) GATHERING LINES.—(1)(A) Not later than October 24, 1994, the Secretary shall prescribe standards defining the term ‘‘gathering line’’. (B) In defining ‘‘gathering line’’ for gas, the Secretary— (i) shall consider functional and operational characteristics of the lines to be included in the definition; and (ii) is not bound by a classification the Com- mission establishes under the Natural Gas Act (15 U.S.C. 717 et seq.). (2)(A) Not later than October 24, 1995, the Sec- retary, if appropriate, shall prescribe standards defining the term ‘‘regulated gathering line’’. In defining the term, the Secretary shall consider factors such as location, length of line from the well site, operating pressure, throughput, and the composition of the transported gas or haz- ardous liquid, as appropriate, in deciding on the types of lines that functionally are gathering but should be regulated under this chapter be- cause of specific physical characteristics. (B)(i) The Secretary also shall consider diame- ter when defining ‘‘regulated gathering line’’ for hazardous liquid. (ii) The definition of ‘‘regulated gathering line’’ for hazardous liquid may not include a crude oil gathering line that has a nominal di- ameter of not more than 6 inches, is operated at low pressure, and is located in a rural area that is not unusually sensitive to environmental damage. (Pub. L. 103–272, §§ 1(e), 4(s), July 5, 1994, 108 Stat. 1301, 1371; Pub. L. 104–287, § 5(90), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104–304, §§ 3, 20(f), Oct. 12, 1996, 110 Stat. 3793, 3805; Pub. L. 109–468, § 7, Dec. 29, 2006, 120 Stat. 3491; Pub. L. 112–90, § 14, Jan. 3, 2012, 125 Stat. 1914; Pub. L. 114–183, § 12(a), June 22, 2016, 130 Stat. 522.) HISTORICAL AND REVISION NOTES PUB. L. 103–272, § 1(e) Revised Section Source (U.S. Code) Source (Statutes at Large) 60101(a)(1) ... 49 App.:1671(10). Aug. 12, 1968, Pub. L. 90–481, § 2(10), 82 Stat. 720; Oct. 11, 1976, Pub. L. 94–477, § 3(2), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, § 151, 93 Stat. 998. 49 App.:1671(14). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 2(11)–(17); added Nov. 30, 1979, Pub. L. 96–129, § 151, 93 Stat. 998. 49 App.:2001(11). Nov. 30, 1979, Pub. L. 96–129, § 202(1)–(4) (1st–27th words), (5)–(9), (11), 93 Stat. 1003, 1004. Page 1735 TITLE 49—TRANSPORTATION § 60101 HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 103–272, § 1(e) Revised Section Source (U.S. Code) Source (Statutes at Large) 60101(a)(2) ... 49 App.:1671(2). Aug. 12, 1968, Pub. L. 90–481, § 2(1), (2), (4) (1st–32d words), (5), (6), 82 Stat. 720. 60101(a)(3) ... 49 App.:1671(4) (1st–32d words). 60101(a)(4) ... 49 App.:2001(2). 60101(a)(5) ... 49 App.:2001(4) (1st–27th words). 60101(a)(6) ... 49 App.:1671(8). Aug. 12, 1968, Pub. L. 90–481, § 2(8), 82 Stat. 720; Oct. 11, 1976, Pub. L. 94–477, § 3(1), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, § 109(b) (re- lated to § 2(8)), 93 Stat. 996. 60101(a)(7) ... 49 App.:2001(5). 60101(a) (8)(A). 49 App.:1671(17). 60101(a) (8)(B). 49 App.:2001(7). 60101(a)(9) ... 49 App.:1671(9). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 2(9); added Oct. 11, 1976, Pub. L. 94–477, § 3(2), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§ 109(b) (related to § 2(9)), 151, 93 Stat. 996, 998. 60101(a)(10) .. 49 App.:2001(6). 60101(a)(11) .. 49 App.:1671(11). 60101(a)(12) .. 49 App.:1671(16). 60101(a)(13) .. 49 App.:1671(13). 60101(a)(14) .. 49 App.:1671(12). 60101(a)(15) .. 49 App.:1671(6). 49 App.:2001(9). 60101(a)(16) .. 49 App.:1671(15). 60101(a)(17) .. 49 App.:1671(1). 49 App.:2001(1). 60101(a)(18), (19). (no source). 60101(a)(20) .. 49 App.:1671(5). 49 App.:2001(8). 60101(a)(21) .. 49 App.:1671(3). Aug. 12, 1968, Pub. L. 90–481, § 2(3), 82 Stat. 720; Nov. 30, 1979, Pub. L. 96–129, § 152(b)(1), 93 Stat. 1001. 60101(a)(22) .. 49 App.:2001(3). 60101(b) ....... 49 App.:1688. Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 21; added Oct. 24, 1992, Pub. L. 102–508, § 109(b), 106 Stat. 3295. 49 App.:2016. Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 220; added Oct. 24, 1992, Pub. L. 102–508, § 208(b), 106 Stat. 3303. In this chapter, the words ‘‘liquefied natural gas’’ are substituted for ‘‘LNG’’ for clarity. The word ‘‘author- ity’’ is substituted for ‘‘agency’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘gas’’ and ‘‘hazardous liquid’’ are added where applicable because of the restatement. In subsection (a), before clause (1), the text of 49 App.:1671(10) and 2001(11) is omitted because the com- plete name of the Secretary of Transportation is used the first time the term appears in a section. The words ‘‘As used’’ are omitted as surplus. In clause (1)(A), the words ‘‘Federal Energy Regulatory Commission’’ and ‘‘Commission’’ are substituted for ‘‘Department of En- ergy’’ because under 42:7171(a) and 7172(a)(1) the Com- mission is statutorily independent of the Department and has the responsibility for siting, construction, and operating applications. In clauses (3) and (5), the words ‘‘without limitation, new and existing’’ are omitted as surplus. In clause (4)(B), the words ‘‘or material’’ are omitted as surplus. In clause (6), before subclause (A), the word ‘‘pipeline’’ is substituted for ‘‘transmission’’ for clarity and consistency. In clause (8)(A), before sub- clause (i), the words ‘‘trade, traffic, transportation, ex- change, or other’’ are omitted as surplus. In subclause (ii), the words ‘‘trade, transportation, exchange, or other’’ are omitted as surplus. In clause (8)(B), the word ‘‘place’’ is substituted for ‘‘point’’ for clarity and con- sistency in the revised title. In clause (9), before sub- clause (A), the word ‘‘facility’’ is substituted for ‘‘transportation’’ for clarity and consistency. In clause (12), the words ‘‘resulting from’’ and the text of 49 App.:1671(16)(A)–(D) are omitted as surplus. In clause (13), the words ‘‘(liquefaction or solidification)’’ and ‘‘(vaporization)’’ are omitted as surplus. In clauses (14) and (16), the word ‘‘pipeline’’ is added for clarity. In clause (15), the words ‘‘city, county, or any other’’ are omitted as surplus. In clause (17), the words ‘‘in addi- tion to its meaning under section 1 of title 1 (except as to societies)’’ are substituted for ‘‘any individual, firm, joint venture, partnership, corporation, association . . . cooperative association, or joint stock associa- tion’’ to eliminate unnecessary words, for clarity, and for consistency in the revised title and with other titles of the Code. Clauses (18) and (19) are added because of the restatement. In clause (20), the words ‘‘of the United States’’ are substituted for ‘‘of the several’’ for consistency in the revised title and with other titles of the Code. In clause (21)(B), the words ‘‘outside a popu- lated area’’ are substituted for ‘‘which lie outside the limits of any incorporated or unincorporated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area’’ to eliminate unnecessary words. In clause (22)(B)(i), the word ‘‘area’’ is sub- stituted for ‘‘locations’’ for consistency. PUB. L. 103–272, § 4(s) Revised Section Source (U.S. Code) Source (Statutes at Large) 60101(a)(21), (22). 49 App.:1671 (note). Oct. 24, 1992, Pub. L. 102–508, § 109(a), 106 Stat. 3294. 49 App.:2001 (note). Oct. 24, 1992, Pub. L. 102–508, § 208(a), 106 Stat. 3303. Section 4(s) reflects an amendment to the restate- ment required by sections 109(a) and 208(a) of the Pipe- line Safety Act of 1992 (Public Law 102–508, 106 Stat. 3294, 3303). PUB. L. 104–287 This amends 49:60101 for consistency with the style of title 49. Editorial Notes REFERENCES IN TEXT The Natural Gas Act, referred to in subsecs. (a)(1)(A)(ii), (6)(B), (9) and (b)(1)(B)(ii), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables. CODIFICATION The amendments by section 4(s) of Pub. L. 103–272 to pars. (21) and (22) of subsec. (a) of this section were exe- cuted after the amendments by Pub. L. 104–304 to those pars. pursuant to the effective date provisions of sec- tion 4(s). See Effective Date of 1994 Amendment note and 1994 and 1996 Amendment notes below. AMENDMENTS 2016—Subsec. (a)(21)(B). Pub. L. 114–183, § 12(a)(1), sub- stituted ‘‘nonrural area;’’ for ‘‘nonrural area.’’ Subsec. (a)(22)(B)(iii). Pub. L. 114–183, § 12(a)(2), sub- stituted ‘‘facilities;’’ for ‘‘facilities.’’ Subsec. (a)(26). Pub. L. 114–183, § 12(a)(3)–(5), added par. (26). 2012—Subsec. (a)(4)(B), (C). Pub. L. 112–90 added sub- par. (B) and redesignated former subpar. (B) as (C). 2006—Subsec. (a)(6). Pub. L. 109–468, § 7(1), added par. (6) and struck out former par. (6) which defined ‘‘inter- state gas pipeline facility’’. Subsec. (a)(9). Pub. L. 109–468, § 7(2), added par. (9) and struck out former par. (9) which defined ‘‘intrastate gas pipeline facility’’. 1996—Subsec. (a). Pub. L. 104–287 inserted heading. Subsec. (a)(1) to (20). Pub. L. 104–304, § 3(a)(1), sub- stituted semicolon for period at end of pars. (1) to (20). Page 1736 TITLE 49—TRANSPORTATION § 60101 Subsec. (a)(21)(B). Pub. L. 104–304, § 3(a)(2), added sub- par. (B) and struck out former subpar. (B) which read as follows: ‘‘does not include gathering gas in a rural area outside a populated area designated by the Sec- retary as a nonrural area;’’. See Codification note above. Pub. L. 104–304, § 3(a)(1), substituted semicolon for pe- riod at end. See Codification note above. Subsec. (a)(22). Pub. L. 104–304, § 3(a)(1), substituted semicolon for period at end. See Codification note above. Subsec. (a)(23) to (25). Pub. L. 104–304, § 3(a)(3), added pars. (23) to (25). Subsec. (b)(1)(A). Pub. L. 104–304, § 20(f), substituted ‘‘prescribe standards defining’’ for ‘‘define by regula- tion’’. Subsec. (b)(2)(A). Pub. L. 104–304, §§ 3(b), 20(f), inserted ‘‘, if appropriate,’’ after ‘‘Not later than October 24, 1995, the Secretary’’ and substituted ‘‘prescribe stand- ards defining’’ for ‘‘define by regulation’’. 1994—Subsec. (a)(21), (22). Pub. L. 103–272, § 4(s), amended pars. (21) and (22) generally. Prior to amend- ment, pars. (21) and (22) defined ‘‘transporting gas’’ and ‘‘transporting hazardous liquid’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–272, § 4(s), July 5, 1994, 108 Stat. 1371, pro- vided that the amendment made by that section is ef- fective on the date the regulation required under sub- sec. (b) of this section is effective. See regulations ef- fective Apr. 14, 2006, 71 F.R. 13289, and July 3, 2008, 73 F.R. 31634. SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–260, div. R, § 1(a), Dec. 27, 2020, 134 Stat. 2210, provided that: ‘‘This division [enacting sections 60142, 60143, and 60303 of this title, amending sections 6107, 60102, 60105, 60108, 60109, 60117, 60118, 60122, 60125, 60129, 60130 and 60134 of this title, enacting provisions set out as notes under this section and sections 60102, 60103, 60105, 60108, and 60109 of this title, and amending provisions set out as notes under this section and sec- tion 60109 of this title] may be cited as the ‘Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020’ or the ‘PIPES Act of 2020’.’’ Pub. L. 116–260, div. R, title II, § 201, Dec. 27, 2020, 134 Stat. 2237, provided that: ‘‘This title [amending sec- tions 60102, 60105, and 60109 of this title and enacting provisions set out as notes under sections 60103 and 60105 of this title] may be cited as the ‘Leonel Rondon Pipeline Safety Act’.’’ SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–183, § 1(a), June 22, 2016, 130 Stat. 514, pro- vided that: ‘‘This Act [enacting sections 60141 and 60302 of this title, amending this section and sections 6107, 60103, 60106 to 60109, 60115, 60117, 60124, 60125, and 60130 of this title, enacting provisions set out as notes under sections 108, 60102, 60103, 60108, 60109, and 60117 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Protecting our Infra- structure of Pipelines and Enhancing Safety Act of 2016’ or the ‘PIPES Act of 2016’.’’ SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–90, § 1(a), Jan. 3, 2012, 125 Stat. 1904, pro- vided that: ‘‘This Act [enacting sections 60138 to 60140 of this title, amending this section, sections 6103, 6107, 60102, 60107 to 60109, 60117 to 60120, 60122, 60125, 60130, 60132, and 60134 of this title, and section 1321 of Title 33, Navigation and Navigable Waters, enacting provisions set out as notes under this section and sections 6103, 60108, 60109, 60117, and 60132 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–468, § 1(a), Dec. 29, 2006, 120 Stat. 3486, pro- vided that: ‘‘This Act [enacting sections 6109 and 60134 to 60137 of this title, amending this section and sections 6107, 60102, 60105, 60107, 60109, 60114, 60117, 60118, 60122, 60125, and 60130 of this title, enacting provisions set out as notes under this section and sections 60102 and 60117 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Pipeline In- spection, Protection, Enforcement, and Safety Act of 2006’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–355, § 1(a), Dec. 17, 2002, 116 Stat. 2985, pro- vided that: ‘‘This Act [enacting sections 60129 to 60133 of this title, amending sections 6103 to 6105, 6107, 60102, 60104, 60106, 60109, 60110, 60112, 60114 to 60118, 60120, 60122, 60123, 60125, and 60127 of this title, and enacting provi- sions set out as notes under sections 1135, 60101, 60102, 60108, 60109, 60114, 60122, and 60131 of this title and sec- tion 717m of Title 15, Commerce and Trade] may be cited as the ‘Pipeline Safety Improvement Act of 2002’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–304, § 1, Oct. 12, 1996, 110 Stat. 3793, pro- vided that: ‘‘This Act [enacting sections 60126 to 60128 of this title, amending this section and sections 60102, 60105 to 60110, 60113 to 60118, 60123 to 60125 of this title, and enacting provisions set out as a note under section 60301 of this title] may be cited as the ‘Accountable Pipeline Safety and Partnership Act of 1996’.’’ RULE OF CONSTRUCTION Pub. L. 116–260, div. R, title I, § 123, Dec. 27, 2020, 134 Stat. 2236, provided that: ‘‘Nothing in this title [enact- ing sections 60142, 60143, and 60303 of this title, amend- ing sections 6107, 60102, 60108, 60109, 60117, 60118, 60122, 60125, 60129, 60130 and 60134 of this title, enacting provi- sions set out as notes under this section and sections 60102, 60103, 60108, and 60109 of this title, and amending provisions set out as notes under this section and sec- tion 60109 of this title] or an amendment made by this title may be construed to affect the authority of the Administrator of the Environmental Protection Agen- cy under the Clean Air Act (42 U.S.C. 7401 et seq.), the authority of the Secretary of the Interior under the Mineral Leasing Act (30 U.S.C. 181 et seq.), or the au- thority of any State, to regulate a release of pollutants or hazardous substances to air, water, or land, includ- ing through the establishment and enforcement of re- quirements relating to such release.’’ TRANSFER OF FUNCTIONS For transfer of duties, powers, and authority of Re- search and Special Programs Administration under this chapter to the Administrator of the Pipeline and Haz- ardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title. PIPELINE WORKFORCE DEVELOPMENT Pub. L. 116–260, div. R, title I, § 102, Dec. 27, 2020, 134 Stat. 2214, provided that: ‘‘(a) INSPECTOR TRAINING.—Not later than 1 year after the date of enactment of this Act [Dec. 27, 2020], the Ad- ministrator [of the Pipeline and Hazardous Materials Safety Administration] shall— ‘‘(1) review the inspector training programs pro- vided at the Inspector Training and Qualifications Di- vision of the Administration in Oklahoma City, Okla- homa; and ‘‘(2) determine whether any of the programs re- ferred to in paragraph (1), or any portions of the pro- grams, could be provided online through teletraining or another type of distance learning. ‘‘(b) STAFFING.— ‘‘(1) IN GENERAL.—The Secretary [of Transpor- tation] shall increase the number of full-time equiva- Page 1737 TITLE 49—TRANSPORTATION § 60101 lent employees (as compared to the number of posi- tions on the date of enactment of this Act) by 8 full- time employees with subject matter expertise in pipeline safety, pipeline facilities, and pipeline sys- tems to finalize outstanding rulemakings and fulfill congressional mandates. ‘‘(2) PIPELINE INSPECTION AND ENFORCEMENT PER- SONNEL.—The Secretary shall ensure that the number of full-time positions for pipeline inspection and en- forcement personnel in the Office of Pipeline Safety of the Administration does not fall below the fol- lowing: ‘‘(A) 224 for fiscal year 2021. ‘‘(B) 235 for fiscal year 2022. ‘‘(C) 247 for fiscal year 2023. ‘‘(c) RECRUITMENT AND RETENTION INCENTIVES.— ‘‘(1) IN GENERAL.—The Secretary shall use incen- tives, as necessary, to recruit and retain a qualified workforce, including inspection and enforcement per- sonnel and attorneys and subject matter experts at the Office of Pipeline Safety of the Administration, including— ‘‘(A) special pay rates permitted under section 5305 of title 5, United States Code; ‘‘(B) repayment of student loans permitted under section 5379 of that title; ‘‘(C) tuition assistance permitted under chapter 41 of that title; ‘‘(D) recruitment incentives permitted under sec- tion 5753 of that title; and ‘‘(E) retention incentives permitted under section 5754 of that title. ‘‘(2) CONTINUED SERVICE AGREEMENT.—The Secretary shall ensure that the incentives described in para- graph (1) are accompanied by a continued service agreement. ‘‘(3) APPROVAL.—The Secretary shall request, as necessary, the approval of the Office of Personnel Management to use the incentives described in para- graph (1).’’ TECHNICAL ASSISTANCE PROGRAM Pub. L. 109–468, § 24, Dec. 29, 2006, 120 Stat. 3500, pro- vided that: ‘‘(a) IN GENERAL.—The Secretary of Transportation may award, through a competitive process, grants to universities with expertise in pipeline safety and secu- rity to establish jointly a collaborative program to conduct pipeline safety and technical assistance pro- grams. ‘‘(b) DUTIES.—In cooperation with the Pipeline and Hazardous Materials Safety Administration and rep- resentatives from States and boards of public utilities, the participants in the collaborative program estab- lished under subsection (a) shall be responsible for de- velopment of workforce training and technical assist- ance programs through statewide and regional partner- ships that provide for— ‘‘(1) communication of national, State, and local safety information to pipeline operators; ‘‘(2) distribution of technical resources and training to support current and future Federal mandates; and ‘‘(3) evaluation of program outcomes. ‘‘(c) TRAINING AND EDUCATIONAL MATERIALS.—The col- laborative program established under subsection (a) may include courses in recent developments, tech- niques, and procedures related to— ‘‘(1) safety and security of pipeline systems; ‘‘(2) incident and risk management for such sys- tems; ‘‘(3) integrity management for such systems; ‘‘(4) consequence modeling for such systems; ‘‘(5) detection of encroachments and monitoring of rights-of-way for such systems; and ‘‘(6) vulnerability assessment of such systems at both project and national levels. ‘‘(d) REPORTS.— ‘‘(1) UNIVERSITY.—Not later than March 31, 2009, the universities awarded grants under subsection (a) shall submit to the Secretary a report on the results of the collaborative program. ‘‘(2) SECRETARY.—Not later than October 1, 2009, the Secretary shall transmit the reports submitted to the Secretary under paragraph (1), along with any find- ings, recommendations, or legislative options for Congress to consider, to the Committees on Transpor- tation and Infrastructure and Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be nec- essary to carry out this section for each of fiscal years 2007 through 2010.’’ PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH AND DEVELOPMENT Pub. L. 107–355, § 12, Dec. 17, 2002, 116 Stat. 2997, as amended by Pub. L. 109–468, § 26, Dec. 29, 2006, 120 Stat. 3501; Pub. L. 112–90, § 32(f), Jan. 3, 2012, 125 Stat. 1923; Pub. L. 114–183, §§ 2(e), 22(b)(2), June 22, 2016, 130 Stat. 516, 529; Pub. L. 116–260, div. R, title I, § 101(g), Dec. 27, 2020, 134 Stat. 2214, provided that: ‘‘(a) IN GENERAL.—The heads of the participating agencies shall carry out a program of research, devel- opment, demonstration, and standardization to ensure the integrity of pipeline facilities. ‘‘(b) MEMORANDUM OF UNDERSTANDING.— ‘‘(1) IN GENERAL.—Not later than 120 days after the date of enactment of this Act [Dec. 17, 2002], the heads of the participating agencies shall enter into a memorandum of understanding detailing their re- spective responsibilities in the program authorized by subsection (a). ‘‘(2) AREAS OF EXPERTISE.—Under the memorandum of understanding, each of the participating agencies shall have the primary responsibility for ensuring that the elements of the program within its expertise are implemented in accordance with this section. The Department of Transportation’s responsibilities shall reflect its lead role in pipeline safety and expertise in pipeline inspection, integrity management, and dam- age prevention. The Department of Energy’s respon- sibilities shall reflect its expertise in system reli- ability, low-volume gas leak detection, and surveil- lance technologies. The National Institute of Stand- ards and Technology’s responsibilities shall reflect its expertise in materials research and assisting in the development of consensus technical standards, as that term is used in section 12(d)(4) [probably should be ‘‘12(d)(5)’’] of Public Law 104–13 [Pub. L. 104–113] (15 U.S.C. 272 note). ‘‘(c) PROGRAM ELEMENTS.—The program authorized by subsection (a) shall include research, development, demonstration, and standardization activities related to— ‘‘(1) materials inspection; ‘‘(2) stress and fracture analysis, detection of cracks, abrasion, and other abnormalities inside pipe- lines that lead to pipeline failure, and development of new equipment or technologies that are inserted into pipelines to detect anomalies; ‘‘(3) internal inspection and leak detection tech- nologies, including detection of leaks at very low vol- umes; ‘‘(4) methods of analyzing content of pipeline throughput; ‘‘(5) pipeline security, including improving the real- time surveillance of pipeline rights-of-way, devel- oping tools for evaluating and enhancing pipeline se- curity and infrastructure, reducing natural, techno- logical, and terrorist threats, and protecting first re- sponse units and persons near an incident; ‘‘(6) risk assessment methodology, including vul- nerability assessment and reduction of third-party damage; ‘‘(7) communication, control, and information sys- tems surety; ‘‘(8) fire safety of pipelines; ‘‘(9) improved excavation, construction, and repair technologies; 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,