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

Page 1751 TITLE 49—TRANSPORTATION § 60104 ‘‘(A) take into account the strategic value of lo- cating resources in close proximity to LNG facili- ties; and ‘‘(B) locate the Center in the State with the larg- est LNG production capacity, as determined by the total capacity (in billion cubic feet per day) of LNG production authorized by the Federal Energy Regu- latory Commission under section 3 of the Natural Gas Act (15 U.S.C. 717b) as of the date of enactment of this Act [Dec. 27, 2020]. ‘‘(f) COORDINATION WITH TQ TRAINING CENTER.—In carrying out the functions described in subsection (d), the Center shall coordinate with the Training and Qualifications Training Center of the Administration in Oklahoma City, Oklahoma, to facilitate knowledge sharing among, and enhanced training opportunities for, Federal and State pipeline safety inspectors and in- vestigators. ‘‘(g) JOINT OPERATION WITH EDUCATIONAL INSTITU- TION.—The Secretary may enter into an agreement with an appropriate official of an institution of higher education— ‘‘(1) to provide for joint operation of the Center; and ‘‘(2) to provide necessary administrative services for the Center.’’ BEST AVAILABLE TECHNOLOGIES OR PRACTICES Pub. L. 116–260, div. R, title I, § 114(d), Dec. 27, 2020, 134 Stat. 2232, provided that: ‘‘(1) REPORT OF THE SECRETARY.—Not later than 18 months after the date of enactment of this Act [Dec. 27, 2020], the Secretary [of Transportation] shall submit to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committees on Transpor- tation and Infrastructure and Energy and Commerce of the House of Representatives a report— ‘‘(A) discussing— ‘‘(i) the best available technologies or practices to prevent or minimize, without compromising pipeline safety, the release of natural gas when making planned repairs, replacements, or mainte- nance to a pipeline facility; ‘‘(ii) the best available technologies or practices to prevent or minimize, without compromising pipeline safety, the release of natural gas when the operator intentionally vents or releases natural gas, including blowdowns; and ‘‘(iii) pipeline facility designs that, without com- promising pipeline safety, mitigate the need to in- tentionally vent natural gas; and ‘‘(B) recommending a timeline for updating pipeline safety regulations, as the Secretary determines to be appropriate, to address the matters described in sub- paragraph (A). ‘‘(2) RULEMAKING.—Not later than 180 days after the date on which the Secretary submits the report under this subsection, the Secretary shall update pipeline safety regulations that the Secretary has determined are necessary to protect the environment without com- promising pipeline safety.’’ PIPELINE SAFETY MANAGEMENT SYSTEMS Pub. L. 116–260, div. R, title II, § 205, Dec. 27, 2020, 134 Stat. 2240, provided that: ‘‘(a) IN GENERAL.—Not later than 3 years after the date of enactment of this Act [Dec. 27, 2020], the Sec- retary [of Transportation] shall submit to the Com- mittee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report describing— ‘‘(1) the number of operators of natural gas dis- tribution systems who have implemented a pipeline safety management system in accordance with the standard established by the American Petroleum In- stitute entitled ‘Pipeline Safety Management System Requirements’ and numbered American Petroleum Institute Recommended Practice 1173; ‘‘(2) the progress made by operators of natural gas distribution systems who have implemented, or are in the process of implementing, a pipeline safety man- agement system described in paragraph (1); and ‘‘(3) the feasibility of an operator of a natural gas distribution system implementing a pipeline safety management system described in paragraph (1) based on the size of the operator as measured by— ‘‘(A) the number of customers the operator has; and ‘‘(B) the amount of natural gas the operator transports. ‘‘(b) REQUIREMENTS.—As part of the report required under subsection (a), the Secretary shall provide guid- ance or recommendations that would further the adop- tion of safety management systems in accordance with the standard established by the American Petroleum Institute entitled ‘Pipeline Safety Management System Requirements’ and numbered American Petroleum In- stitute Recommended Practice 1173. ‘‘(c) EVALUATION AND PROMOTION OF SAFETY MANAGE- MENT SYSTEMS.—The Secretary and the relevant State authority with a certification in effect under section 60105 of title 49, United States Code, as applicable, shall— ‘‘(1) promote and assess pipeline safety manage- ment systems frameworks developed by operators of natural gas distribution systems and described in the report under subsection (a), including— ‘‘(A) if necessary, using independent third-party evaluators; and ‘‘(B) through a system that promotes self-disclo- sure of— ‘‘(i) errors; and ‘‘(ii) deviations from regulatory standards; and ‘‘(2) if a deviation from a regulatory standard is identified during the development and application of a pipeline safety management system, certify that— ‘‘(A) due consideration will be given to factors such as flawed procedures, honest mistakes, or lack of understanding; and ‘‘(B) the operators and regulators use the most appropriate tools to fix the deviation, return to compliance, and prevent the recurrence of the devi- ation, including— ‘‘(i) root cause analysis; and ‘‘(ii) training, education, or other appropriate improvements to procedures or training pro- grams.’’ UPDATE TO MINIMUM SAFETY STANDARDS Pub. L. 114–183, § 27(b), June 22, 2016, 130 Stat. 532, pro- vided that: ‘‘The Secretary of Transportation shall re- view and update the minimum safety standards pre- scribed pursuant to section 60103 of title 49, United States Code, for permanent, small scale liquefied nat- ural gas pipeline facilities.’’ § 60104. Requirements and limitations (a) OPPORTUNITY TO PRESENT VIEWS.—The Sec- retary of Transportation shall give an interested person an opportunity to make oral and written presentations of information, views, and argu- ments when prescribing a standard under this chapter. (b) NONAPPLICATION.—A design, installation, construction, initial inspection, or initial test- ing standard does not apply to a pipeline facility existing when the standard is adopted. (c) PREEMPTION.—A State authority that has submitted a current certification under section 60105(a) of this title may adopt additional or more stringent safety standards for intrastate pipeline facilities and intrastate pipeline trans- portation only if those standards are compatible with the minimum standards prescribed under this chapter. A State authority may not adopt Page 1752 TITLE 49—TRANSPORTATION § 60105 or continue in force safety standards for inter- state pipeline facilities or interstate pipeline transportation. Notwithstanding the preceding sentence, a State authority may enforce a re- quirement of a one-call notification program of the State if the program meets the requirements for one-call notification programs under this chapter or chapter 61. (d) CONSULTATION.—(1) When continuity of gas service is affected by prescribing a standard or waiving compliance with standards under this chapter, the Secretary of Transportation shall consult with and advise the Federal Energy Reg- ulatory Commission or a State authority having jurisdiction over the affected gas pipeline facil- ity before prescribing the standard or waiving compliance. The Secretary shall delay the effec- tive date of the standard or waiver until the Commission or State authority has a reasonable opportunity to grant an authorization it con- siders necessary. (2) In a proceeding under section 3 or 7 of the Natural Gas Act (15 U.S.C. 717b or 717f), each ap- plicant for authority to import natural gas or to establish, construct, operate, or extend a gas pipeline facility subject to an applicable safety standard shall certify that it will design, install, inspect, test, construct, operate, replace, and maintain a gas pipeline facility under those standards and plans for inspection and mainte- nance under section 60108 of this title. The cer- tification is binding on the Secretary of Energy and the Commission except when an appropriate enforcement agency has given timely written notice to the Commission that the applicant has violated a standard prescribed under this chap- ter. (e) LOCATION AND ROUTING OF FACILITIES.—This chapter does not authorize the Secretary of Transportation to prescribe the location or routing of a pipeline facility. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1308; Pub. L. 107–355, § 3(a), Dec. 17, 2002, 116 Stat. 2986.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60104(a) ...... 49 App.:1672(c). Aug. 12, 1968, Pub. L. 90–481, § 3(c), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96–129, §§ 104(a)(2), (c), 109(c), 93 Stat. 992, 994, 996. 49 App.:2002(g). Nov. 30, 1979, Pub. L. 96–129, §§ 202(4) (28th–last words), 203(c) (last sentence), (g), 93 Stat. 1003, 1004, 1005. 60104(b) ...... 49 App.:1672(a)(1) (6th sentence). Aug. 12, 1968, Pub. L. 90–481, § 3(a)(1) (6th, 9th, last sen- tences), 82 Stat. 721; Oct. 11, 1976, Pub. L. 94–477, § 4(2), 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, § 116, 106 Stat. 3298. 49 App.:2002(c) (last sentence). 60104(c) ...... 49 App.:1672(a)(1) (9th, last sen- tences). 49 App.:2002(d). Nov. 30, 1979, Pub. L. 96–129, § 203(d), 93 Stat. 1004; Oct. 24, 1992, Pub. L. 102–508, § 215, 106 Stat. 3305. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 60104(d) ...... 49 App.:1676(a). Aug. 12, 1968, Pub. L. 90–481, § 9(a), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §§ 109(i), 152(a), (b)(3), 93 Stat. 997, 999, 1001; Oct. 30, 1988, Pub. L. 100–561, § 105(1), 102 Stat. 2807. 60104(e) ...... 49 App.:1671(4) (33d–last words). Aug. 12, 1968, Pub. L. 90–481, § 2(4) (33d–last words), 82 Stat. 720. 49 App.:2001(4) (28th–last words). Subsection (a) is substituted for 49 App.:1672(c) (last sentence) and 2002(g) (last sentence) to eliminate un- necessary words. The text of 49 App.:1672(c) (1st sen- tence) and 2002(g) (1st sentence) is omitted as unneces- sary because 5:ch. 5, subch. II applies unless otherwise stated. In subsection (c), the words ‘‘prescribed under this chapter’’ are added for clarity. The words ‘‘after the Federal minimum standards become effective’’ in 49 App.:1672(a) (last sentence) are omitted as obsolete. In subsection (d)(1), the words ‘‘waiving compliance’’ are substituted for ‘‘action upon application for waiv- er’’ and ‘‘acting on the waiver application’’ to elimi- nate unnecessary words. The words ‘‘the provisions of’’ are omitted as surplus. The word ‘‘authority’’ is sub- stituted for ‘‘commission’’ for consistency in the re- vised title and with other titles of the Code. In subsection (d)(2), the words ‘‘and conclusive’’ are omitted as being included in ‘‘binding’’. The words ‘‘Secretary of Energy’’ are substituted for ‘‘Department of Energy’’ because of 42:7231. Editorial Notes AMENDMENTS 2002—Subsec. (c). Pub. L. 107–355 inserted at end ‘‘Not- withstanding the preceding sentence, a State authority may enforce a requirement of a one-call notification program of the State if the program meets the require- ments for one-call notification programs under this chapter or chapter 61.’’ § 60105. State pipeline safety program certifi- cations (a) GENERAL REQUIREMENTS AND SUBMISSION.— Except as provided in this section and sections 60114 and 60121 of this title, the Secretary of Transportation may not prescribe or enforce safety standards and practices for an intrastate pipeline facility or intrastate pipeline transpor- tation to the extent that the safety standards and practices are regulated by a State authority (including a municipality if the standards and practices apply to intrastate gas pipeline trans- portation) that submits to the Secretary annu- ally a certification for the facilities and trans- portation that complies with subsections (b) and (c) of this section. (b) CONTENTS.—Each certification submitted under subsection (a) of this section shall state that the State authority— (1) has regulatory jurisdiction over the standards and practices to which the certifi- cation applies; (2) has adopted, by the date of certification, each applicable standard prescribed under this chapter or, if a standard under this chapter was prescribed not later than 120 days before certification, is taking steps to adopt that standard; (3) is enforcing each adopted standard through ways that include inspections con-