49 U.S.C. § 60301 — User fees

Page 1808 TITLE 49—TRANSPORTATION § 60143 technically, operationally, and economically feasible standards for the use of a safety-enhanc- ing technology and any corresponding oper- ational practices tested by the testing program described in the report, the Secretary, as soon as practicable after submission of the report, may promulgate regulations consistent with chapter 5 of title 5 (commonly known as the ‘‘Adminis- trative Procedure Act’’) that— (1) allow operators of interstate gas or haz- ardous liquid pipeline facilities to use the rel- evant technology or practice to the extent practicable; and (2) establish technically, operationally, and economically feasible standards for the capa- bility and deployment of the technology or practice. (Added Pub. L. 116–260, div. R, title I, § 104(a), Dec. 27, 2020, 134 Stat. 2216.) REFERENCES IN TEXT The date of enactment of this section, referred to in subsecs. (b)(4)(A) and (c)(2), is the date of enactment of Pub. L. 116–260, which was approved Dec. 27, 2020. § 60143. Idled pipelines (a) DEFINITION OF IDLED.—In this section, the term ‘‘idled’’, with respect to a pipeline, means that the pipeline— (1)(A) has ceased normal operations; and (B) will not resume service for a period of not less than 180 days; (2) has been isolated from all sources of haz- ardous liquid, natural gas, or other gas; and (3)(A) has been purged of combustibles and hazardous materials and maintains a blanket of inert, nonflammable gas at low pressure; or (B) has not been purged as described in sub- paragraph (A), but the volume of gas is so small that there is no potential hazard, as de- termined by the Secretary pursuant to a rule. (b) RULEMAKING.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of the PIPES Act of 2020, the Secretary shall promulgate regula- tions prescribing the applicability of the pipe- line safety requirements to idled natural or other gas transmission and hazardous liquid pipelines. (2) REQUIREMENTS.— (A) IN GENERAL.—The applicability of the regulations under paragraph (1) shall be based on the risk that idled natural or other gas transmission and hazardous liquid pipe- lines pose to the public, property, and the environment, and shall include requirements to resume operation. (B) INSPECTION.—The Secretary or an ap- propriate State agency shall inspect each idled pipeline and verify that the pipeline has been purged of combustibles and haz- ardous materials, if required under sub- section (a). (C) REQUIREMENTS FOR REINSPECTION.—The Secretary shall determine the requirements for periodic reinspection of idled natural or other gas transmission and hazardous liquid pipelines. (D) RESUMPTION OF OPERATIONS.—As a con- dition to allowing an idled pipeline to re- sume operations, the Secretary shall require that, prior to resuming operations, the pipe- line shall be— (i) inspected with— (I) hydrostatic pressure testing; (II) an internal inspection device; or (III) if the use of hydrostatic pressure testing or an internal inspection device is not technologically feasible, another comparable technology or practice; and (ii) in compliance with regulations pro- mulgated under this chapter, including any regulations that became effective while the pipeline was idled. (Added Pub. L. 116–260, div. R, title I, § 109(a), Dec. 27, 2020, 134 Stat. 2223.) REFERENCES IN TEXT The date of enactment of the PIPES Act of 2020, re- ferred to in subsec. (b)(1), is the date of enactment of div. R of Pub. L. 116–260, which was approved Dec. 27, 2020. CHAPTER 603—USER FEES Sec. 60301. User fees. 60302. User fees for underground natural gas storage facilities. 60303. Fees for compliance reviews of liquefied nat- ural gas facilities. Editorial Notes AMENDMENTS 2020—Pub. L. 116–260, div. R, title I, § 103(b), Dec. 27, 2020, 134 Stat. 2215, added item 60303. 2016—Pub. L. 114–183, § 12(d)(2), June 22, 2016, 130 Stat. 524, added item 60302. § 60301. User fees (a) SCHEDULE OF FEES.—The Secretary of Transportation shall prescribe a schedule of fees for all natural gas and hazardous liquids trans- ported by pipelines subject to chapter 601 of this title. The fees shall be based on usage (in rea- sonable relationship to volume-miles, miles, revenues, or a combination of volume-miles, miles, and revenues) of the pipelines. The Sec- retary shall consider the allocation of resources of the Department of Transportation when es- tablishing the schedule. (b) IMPOSITION AND TIME OF COLLECTION.—A fee shall be imposed on each person operating a gas pipeline transmission facility, a liquefied nat- ural gas pipeline facility, or a hazardous liquid pipeline facility to which chapter 601 of this title applies. The fee shall be collected before the end of the fiscal year to which it applies. (c) MEANS OF COLLECTION.—The Secretary shall prescribe procedures to collect fees under this section. The Secretary may use a depart- ment, agency, or instrumentality of the United States Government or of a State or local gov- ernment to collect the fee and may reimburse the department, agency, or instrumentality a reasonable amount for its services. (d) USE OF FEES.—A fee collected under this section— (1)(A) related to a gas pipeline facility may be used only for an activity related to gas under chapter 601 of this title; and Page 1809 TITLE 49—TRANSPORTATION § 60303 (B) related to a hazardous liquid pipeline fa- cility may be used only for an activity related to hazardous liquid under chapter 601 of this title; and (2) may be used only to the extent provided in advance in an appropriation law. (e) LIMITATIONS.—Fees prescribed under sub- section (a) of this section shall be sufficient to pay for the costs of activities described in sub- section (d) of this section. However, the total amount collected for a fiscal year may not be more than 105 percent of the total amount of the appropriations made for the fiscal year for ac- tivities to be financed by the fees. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1328.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60301(a) ...... 49 App.:1682a(a)(1), (d) (words after ‘‘subsection (a) of this section’’ and before ‘‘shall be sufficient’’). Apr. 7, 1986, Pub. L. 99–272, § 7005, 100 Stat. 140. 60301(b) ...... 49 App.:1682a(a)(3), (b). 60301(c) ...... 49 App.:1682a(a)(2). 60301(d) ...... 49 App.:1682a(c). 60301(e) ...... 49 App.:1682a(d) (less words after ‘‘subsection (a) of this section’’ and before ‘‘shall be sufficient’’). In this section, the word ‘‘prescribe’’ is substituted for ‘‘establish’’ for consistency in the revised title and with other titles of the United States Code. In subsection (a), the words ‘‘(hereafter in this sec- tion referred to as the ‘Secretary’)’’ and ‘‘appropriate’’ are omitted as surplus. In subsection (b), the words ‘‘after September 30, 1985’’ are omitted as obsolete. The words ‘‘imposed on each person’’ are substituted for ‘‘assessed to the per- sons’’ for consistency in the revised title and with other titles of the Code. The words ‘‘the jurisdiction of’’ and ‘‘assess and’’ are omitted as surplus. In subsection (c), the words ‘‘the services of’’ are omitted as surplus. The words ‘‘department, agency, or instrumentality of the United States Government’’ are substituted for ‘‘Federal . . . agency or instrumen- tality’’ for consistency in the revised title and with other titles of the Code. In subsection (e), the words ‘‘by the Secretary’’ are omitted as surplus. The words ‘‘beginning on October 1, 1985’’ are omitted as executed. Statutory Notes and Related Subsidiaries 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. STUDY AND REPORT ON USER FEE ASSESSMENT FACTORS Pub. L. 104–304, § 17, Oct. 12, 1996, 110 Stat. 3803, pro- vided that, not later than 1 year after Oct. 12, 1996, the Secretary of Transportation, after considering a wide range of assessment factors and suggestions and com- ments from the public, would transmit to Congress a report assessing pipeline safety user fees solely on the basis of mileage to determine whether that measure of the resources of the Department of Transportation was the most appropriate measure of the resources used by the Department or another basis of assessment would be more appropriate. § 60302. User fees for underground natural gas storage facilities (a) IN GENERAL.—A fee shall be imposed on an entity operating an underground natural gas storage facility subject to section 60141. Any such fee imposed shall be collected before the end of the fiscal year to which it applies. (b) MEANS OF COLLECTION.—The Secretary of Transportation shall prescribe procedures to collect fees under this section. The Secretary may use a department, agency, or instrumen- tality of the United States Government or of a State or local government to collect the fee and may reimburse the department, agency, or in- strumentality a reasonable amount for its serv- ices. (c) USE OF FEES.— (1) ACCOUNT.—There is established an Under- ground Natural Gas Storage Facility Safety Account in the Pipeline Safety Fund estab- lished in the Treasury of the United States under section 60301. (2) USE OF FEES.—A fee collected under this section— (A) shall be deposited in the Underground Natural Gas Storage Facility Safety Ac- count; and (B) if the fee is related to an underground natural gas storage facility subject to sec- tion 60141, the amount of the fee may be used only for an activity related to underground natural gas storage facility safety. (3) LIMITATION.—No fee may be collected under this section, except to the extent that the expenditure of such fee to pay the costs of an activity related to underground natural gas storage facility safety for which such fee is imposed is provided in advance in an appro- priations Act. (Added Pub. L. 114–183, § 12(c), June 22, 2016, 130 Stat. 523.) § 60303. Fees for compliance reviews of liquefied natural gas facilities (a) IMPOSITION OF FEE.— (1) IN GENERAL.—The Secretary of Transpor- tation (referred to in this section as the ‘‘Sec- retary’’) shall impose on a person who files with the Federal Energy Regulatory Commis- sion an application for a liquefied natural gas facility that has design and construction costs totaling not less than $2,500,000,000 a fee for the necessary expenses of a review, if any, that the Secretary conducts, in connection with that application, to determine compliance with subpart B of part 193 of title 49, Code of Federal Regulations (or successor regula- tions). (2) RELATION TO OTHER REVIEW.—The Sec- retary may not impose fees under paragraph (1) and section 60117(o) or 60301(b) for the same compliance review described in paragraph (1). (b) MEANS OF COLLECTION.— (1) IN GENERAL.—The Secretary shall pre- scribe procedures to collect fees under this section.