49 U.S.C. § 60117 — Administrative

Page 1777 TITLE 49—TRANSPORTATION § 60117 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title. § 60116. Public education programs (a) IN GENERAL.—Each owner or operator of a gas or hazardous liquid pipeline facility shall carry out a continuing program to educate the public on the use of a one-call notification sys- tem prior to excavation and other damage pre- vention activities, the possible hazards associ- ated with unintended releases from the pipeline facility, the physical indications that such a re- lease may have occurred, what steps should be taken for public safety in the event of a pipeline release, and how to report such an event. (b) MODIFICATION OF EXISTING PROGRAMS.—Not later than 12 months after the date of enactment of the Pipeline Safety Improvement Act of 2002, each owner or operator of a gas or hazardous liq- uid pipeline facility shall review its existing public education program for effectiveness and modify the program as necessary. The com- pleted program shall include activities to advise affected municipalities, school districts, busi- nesses, and residents of pipeline facility loca- tions. The completed program shall be sub- mitted to the Secretary or, in the case of an intrastate pipeline facility operator, the appro- priate State agency, and shall be periodically re- viewed by the Secretary or, in the case of an intrastate pipeline facility operator, the appro- priate State agency. (c) STANDARDS.—The Secretary may issue standards prescribing the elements of an effec- tive public education program. The Secretary may also develop material for use in the pro- gram. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1321; Pub. L. 104–304, § 11, Oct. 12, 1996, 110 Stat. 3802; Pub. L. 107–355, § 5, Dec. 17, 2002, 116 Stat. 2988.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60116 .......... 49 App.:1685(a). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 18(a); added Oct. 11, 1976, Pub. L. 94–477, § 8, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, § 104(b), 93 Stat. 992; Oct. 24, 1992, Pub. L. 102–508, § 115(a)(1), 106 Stat. 3296. Editorial Notes REFERENCES IN TEXT The date of enactment of the Pipeline Safety Im- provement Act of 2002, referred to in subsec. (b), is the date of enactment of Pub. L. 107–355, which was ap- proved Dec. 17, 2002. AMENDMENTS 2002—Pub. L. 107–355 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘Under regulations the Secretary of Transportation prescribes, each owner or operator of a gas pipeline facility shall carry out a program to educate the public on the use of a one-call notification system prior to excavation, the possible hazards associated with gas leaks, and the importance of reporting gas odors and leaks to the appropriate au- thority. The Secretary may develop material suitable for use in the program.’’ 1996—Pub. L. 104–304 substituted ‘‘owner or operator of a gas pipeline facility’’ for ‘‘person transporting gas’’, inserted ‘‘the use of a one-call notification sys- tem prior to excavation,’’ after ‘‘educate the public on’’, and inserted comma after ‘‘gas leaks’’. § 60117. Administrative (a) GENERAL AUTHORITY.—To carry out this chapter, the Secretary of Transportation may conduct investigations, make reports, issue sub- penas, conduct hearings, require the production of records, take depositions, and conduct re- search, testing, development, demonstration, and training activities and promotional activi- ties relating to prevention of damage to pipeline facilities. The Secretary may not charge a tui- tion-type fee for training State or local govern- ment personnel in the enforcement of regula- tions prescribed under this chapter. (b) ENFORCEMENT PROCEDURES.— (1) PROCESS.—In implementing enforcement procedures under this chapter and part 190 of title 49, Code of Federal Regulations (or suc- cessor regulations), the Secretary shall— (A) allow the respondent to request the use of a consent agreement and consent order to resolve any matter of fact or law asserted; (B) allow the respondent and the agency to convene 1 or more meetings— (i) for settlement or simplification of the issues; or (ii) to aid in the disposition of issues; (C) require that the case file in an enforce- ment proceeding include all agency records pertinent to the matters of fact and law as- serted; (D) allow the respondent to reply to each post-hearing submission of the agency; (E) allow the respondent to request that a hearing be held, and an order be issued, on an expedited basis; (F) require that the agency have the bur- den of proof, presentation, and persuasion in any enforcement matter; (G) require that any order contain findings of relevant fact and conclusions of law; (H) require the Office of Pipeline Safety to file a post-hearing recommendation not later than 30 days after the deadline for any post-hearing submission of a respondent; (I) require an order on a petition for recon- sideration to be issued not later than 120 days after the date on which the petition is filed; and (J) allow an operator to request that an issue of controversy or uncertainty be ad- dressed through a declaratory order in ac- cordance with section 554(e) of title 5. (2) OPEN TO THE PUBLIC.—A hearing under this section shall be— (A) noticed to the public on the website of the Pipeline and Hazardous Materials Safety Administration; and (B) in the case of a formal hearing (as de- fined in section 190.3 of title 49, Code of Fed- eral Regulations (or a successor regulation)), open to the public. Page 1778 TITLE 49—TRANSPORTATION § 60117 (3) TRANSPARENCY.— (A) AGREEMENTS, ORDERS, AND JUDGMENTS OPEN TO THE PUBLIC.—With respect to each enforcement proceeding under this chapter, the Administrator of the Pipeline and Haz- ardous Materials Safety Administration shall make publicly available on the website of the Administration— (i) the charging documents; (ii) the written response of the respond- ent, if filed; and (iii) any consent agreement, consent order, order, or judgment resulting from a hearing under this chapter. (B) GAO REPORT ON PIPELINE SAFETY PRO- GRAM COLLECTION AND TRANSPARENCY OF EN- FORCEMENT PROCEEDINGS.— (i) IN GENERAL.—Not later than 2 years after the date of enactment of the PIPES Act of 2020, the Comptroller General of the United States shall— (I) review information on pipeline en- forcement actions that the Pipeline and Hazardous Materials Safety Administra- tion makes publicly available on the internet; and (II) submit to the Committee on Com- merce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report on that review, including any recommendations under clause (iii). (ii) CONTENTS.—The report under clause (i)(II) shall include— (I) a description of the process that the Pipeline and Hazardous Materials Safety Administration uses to collect and record enforcement information; (II) an assessment of whether and, if so, how the Pipeline and Hazardous Ma- terials Safety Administration ensures that enforcement information is made available to the public in an accessible manner; and (III) an assessment of the information described in clause (i)(I). (iii) RECOMMENDATIONS.—The report under clause (i)(II) may include rec- ommendations regarding— (I) any improvements that could be made to the accessibility of the informa- tion described in clause (i)(I); (II) whether and, if so, how the infor- mation described in clause (i)(I) could be made more transparent; and (III) any other recommendations that the Comptroller General of the United States considers appropriate. (4) SAVINGS CLAUSE.—Nothing in this sub- section alters the procedures applicable to— (A) an emergency order under subsection (p); (B) a safety order under subsection (m); or (C) a corrective action order under section 60112. (c) RECORDS, REPORTS, AND INFORMATION.—To enable the Secretary to decide whether a person owning or operating a pipeline facility is com- plying with this chapter and standards pre- scribed or orders issued under this chapter, the person shall— (1) maintain records, make reports, and pro- vide information the Secretary requires; and (2) make the records, reports, and informa- tion available when the Secretary requests. The Secretary may require owners and opera- tors of gathering lines to provide the Secretary information pertinent to the Secretary’s ability to make a determination as to whether and to what extent to regulate gathering lines. (d) ENTRY AND INSPECTION.—An officer, em- ployee, or agent of the Department of Transpor- tation designated by the Secretary, on display of proper credentials to the individual in charge, may enter premises to inspect the records and property of a person at a reasonable time and in a reasonable way to decide whether a person is complying with this chapter and standards pre- scribed or orders issued under this chapter. (e) CONFIDENTIALITY OF INFORMATION.—Infor- mation related to a confidential matter referred to in section 1905 of title 18 that is obtained by the Secretary or an officer, employee, or agent in carrying out this section may be disclosed only to another officer or employee concerned with carrying out this chapter or in a pro- ceeding under this chapter. (f) USE OF ACCIDENT REPORTS.—(1) Each acci- dent report made by an officer, employee, or agent of the Department may be used in a judi- cial proceeding resulting from the accident. The officer, employee, or agent may be required to testify in the proceeding about the facts devel- oped in investigating the accident. The report shall be made available to the public in a way that does not identify an individual. (2) Each report related to research and dem- onstration projects and related activities is pub- lic information. (g) TESTING FACILITIES INVOLVED IN ACCI- DENTS.—The Secretary may require testing of a part of a pipeline facility subject to this chapter that has been involved in or affected by an acci- dent only after— (1) notifying the appropriate State official in the State in which the facility is located; and (2) attempting to negotiate a mutually ac- ceptable plan for testing with the owner of the facility and, when the Secretary considers ap- propriate, the National Transportation Safety Board. (h) PROVIDING SAFETY INFORMATION.—On re- quest, the Secretary shall provide the Federal Energy Regulatory Commission or appropriate State authority with information the Secretary has on the safety of material, operations, de- vices, or processes related to pipeline transpor- tation or operating a pipeline facility. (i) COOPERATION.—The Secretary may— (1) advise, assist, and cooperate with other departments, agencies, and instrumentalities of the United States Government, the States, and public and private agencies and persons in planning and developing safety standards and ways to inspect and test to decide whether those standards have been complied with; (2) consult with and make recommendations to other departments, agencies, and instru- Page 1779 TITLE 49—TRANSPORTATION § 60117 mentalities of the Government, State and local governments, and public and private agencies and persons to develop and encourage activities, including the enactment of legisla- tion, that will assist in carrying out this chap- ter and improve State and local pipeline safe- ty programs; and (3) participate in a proceeding involving safety requirements related to a liquefied nat- ural gas facility before the Commission or a State authority. (j) PROMOTING COORDINATION.—(1) After con- sulting with appropriate State officials, the Sec- retary shall establish procedures to promote more effective coordination between depart- ments, agencies, and instrumentalities of the Government and State authorities with regu- latory authority over pipeline facilities about responses to a pipeline accident. (2) In consultation with the Occupational Safety and Health Administration, the Sec- retary shall establish procedures to notify the Administration of any pipeline accident in which an excavator that has caused damage to a pipeline may have violated a regulation of the Administration. (k) WITHHOLDING INFORMATION FROM CON- GRESS.—This section does not authorize infor- mation to be withheld from a committee of Con- gress authorized to have the information. (l) AUTHORITY FOR COOPERATIVE AGREE- MENTS.—To carry out this chapter, the Sec- retary may enter into grants, cooperative agree- ments, and other transactions with any person, agency, or instrumentality of the United States, any unit of State or local government, any edu- cational institution, or any other entity to fur- ther the objectives of this chapter. The objec- tives of this chapter include the development, improvement, and promotion of one-call damage prevention programs, research, risk assessment, and mapping. (m) SAFETY ORDERS.— (1) IN GENERAL.—Not later than December 31, 2007, the Secretary shall issue regulations pro- viding that, after notice and opportunity for a hearing, if the Secretary determines that a pipeline facility has a condition that poses a pipeline integrity risk to public safety, prop- erty, or the environment, the Secretary may order the operator of the facility to take nec- essary corrective action, including physical inspection, testing, repair, or other appro- priate action, to remedy that condition. (2) CONSIDERATIONS.—In making a deter- mination under paragraph (1), the Secretary, if relevant and pursuant to the regulations issued under paragraph (1), shall consider— (A) the considerations specified in para- graphs (1) through (6) of section 60112(b); (B) the likelihood that the condition will impair the serviceability of a pipeline; (C) the likelihood that the condition will worsen over time; and (D) the likelihood that the condition is present or could develop on other areas of the pipeline. (n) RESTORATION OF OPERATIONS.— (1) IN GENERAL.—The Secretary may advise, assist, and cooperate with the heads of other departments, agencies, and instrumentalities of the United States Government, the States, and public and private agencies and persons to facilitate the restoration of pipeline oper- ations that have been or are anticipated to be- come disrupted by manmade or natural disas- ters. (2) SAVINGS CLAUSE.—Nothing in this section alters or amends the authorities and respon- sibilities of any department, agency, or instru- mentality of the United States Government, other than the Department of Transportation. (o) COST RECOVERY FOR DESIGN REVIEWS.— (1) IN GENERAL.— (A) REVIEW COSTS.—For any project de- scribed in subparagraph (B), if the Secretary conducts facility design safety reviews in connection with a proposal to construct, ex- pand, or operate a gas or hazardous liquid pipeline facility or liquefied natural gas pipeline facility, including construction in- spections and oversight, the Secretary may require the person proposing the project to pay the costs incurred by the Secretary re- lating to such reviews. If the Secretary exer- cises the cost recovery authority described in this paragraph, the Secretary shall pre- scribe a fee structure and assessment meth- odology that is based on the costs of pro- viding these reviews and shall prescribe pro- cedures to collect fees under this paragraph. The Secretary may not collect design safety review fees under this paragraph and section 60301 for the same design safety review. (B) PROJECTS TO WHICH APPLICABLE.—Sub- paragraph (A) applies to any project that— (i) has design and construction costs to- taling at least $2,500,000,000, as periodically adjusted by the Secretary to take into ac- count increases in the Consumer Price Index for all-urban consumers published by the Department of Labor, based on— (I) the cost estimate provided to the Federal Energy Regulatory Commission in an application for a certificate of pub- lic convenience and necessity for a gas pipeline facility or an application for au- thorization for a liquefied natural gas pipeline facility; or (II) a good faith estimate developed by the person proposing a hazardous liquid pipeline facility and submitted to the Secretary; or (ii) uses new or novel technologies or de- sign, as determined by the Secretary. (2) NOTIFICATION.—For any new pipeline fa- cility construction project in which the Sec- retary will conduct design reviews, the person proposing the project shall notify the Sec- retary and provide the design specifications, construction plans and procedures, and related materials at least 120 days prior to the com- mencement of construction. To the maximum extent practicable, not later than 90 days after receiving such design specifications, construc- tion plans and procedures, and related mate- rials, the Secretary shall provide written com- ments, feedback, and guidance on the project. (3) PIPELINE SAFETY DESIGN REVIEW FUND.— Page 1780 TITLE 49—TRANSPORTATION § 60117 (A) ESTABLISHMENT.—There is established a Pipeline Safety Design Review Fund in the Treasury of the United States. (B) DEPOSITS.—The Secretary shall deposit funds paid under this subsection into the Fund. (C) USE.—Amounts in the Fund shall be available to the Secretary, in amounts speci- fied in appropriations Acts, to offset the costs of conducting facility design safety re- views under this subsection. (4) NO ADDITIONAL PERMITTING AUTHORITY.— Nothing in this subsection may be construed as authorizing the Secretary to require a per- son to obtain a permit before beginning design and construction in connection with a project described in paragraph (1)(B). (p) EMERGENCY ORDER AUTHORITY.— (1) IN GENERAL.—If the Secretary determines that an unsafe condition or practice, or a com- bination of unsafe conditions and practices, constitutes or is causing an imminent hazard, the Secretary may issue an emergency order described in paragraph (3) imposing emergency restrictions, prohibitions, and safety measures on owners and operators of gas or hazardous liquid pipeline facilities without prior notice or an opportunity for a hearing, but only to the extent necessary to abate the imminent hazard. (2) CONSIDERATIONS.— (A) IN GENERAL.—Before issuing an emer- gency order under paragraph (1), the Sec- retary shall consider, as appropriate, the fol- lowing factors: (i) The impact of the emergency order on public health and safety. (ii) The impact, if any, of the emergency order on the national or regional economy or national security. (iii) The impact of the emergency order on the ability of owners and operators of pipeline facilities to maintain reliability and continuity of service to customers. (B) CONSULTATION.—In considering the fac- tors under subparagraph (A), the Secretary shall consult, as the Secretary determines appropriate, with appropriate Federal agen- cies, State agencies, and other entities knowledgeable in pipeline safety or oper- ations. (3) WRITTEN ORDER.—An emergency order issued by the Secretary pursuant to paragraph (1) with respect to an imminent hazard shall contain a written description of— (A) the violation, condition, or practice that constitutes or is causing the imminent hazard; (B) the entities subject to the order; (C) the restrictions, prohibitions, or safety measures imposed; (D) the standards and procedures for ob- taining relief from the order; (E) how the order is tailored to abate the imminent hazard and the reasons the au- thorities under section 60112 and subsection (m) are insufficient to do so; and (F) how the considerations were taken into account pursuant to paragraph (2). (4) OPPORTUNITY FOR REVIEW.—Upon receipt of a petition for review from an entity subject to, and aggrieved by, an emergency order issued under this subsection, the Secretary shall provide an opportunity for a review of the order under section 554 of title 5 to deter- mine whether the order should remain in ef- fect, be modified, or be terminated. (5) EXPIRATION OF EFFECTIVENESS ORDER.—If a petition for review of an emergency order is filed under paragraph (4) and an agency deci- sion with respect to the petition is not issued on or before the last day of the 30-day period beginning on the date on which the petition is filed, the order shall cease to be effective on such day, unless the Secretary determines in writing on or before the last day of such period that the imminent hazard still exists. (6) JUDICIAL REVIEW OF ORDERS.— (A) IN GENERAL.—After completion of the review process described in paragraph (4), or the issuance of a written determination by the Secretary pursuant to paragraph (5), an entity subject to, and aggrieved by, an emer- gency order issued under this subsection may seek judicial review of the order in a district court of the United States and shall be given expedited consideration. (B) LIMITATION.—The filing of a petition for review under subparagraph (A) shall not stay or modify the force and effect of the agency’s final decision under paragraph (4), or the written determination under para- graph (5), unless stayed or modified by the Secretary. (7) REGULATIONS.— (A) TEMPORARY REGULATIONS.—Not later than 60 days after the date of enactment of the PIPES Act of 2016, the Secretary shall issue such temporary regulations as are nec- essary to carry out this subsection. The tem- porary regulations shall expire on the date of issuance of the final regulations required under subparagraph (B). (B) FINAL REGULATIONS.—Not later than 270 days after such date of enactment, the Secretary shall issue such regulations as are necessary to carry out this subsection. Such regulations shall ensure that the review process described in paragraph (4) contains the same procedures as subsections (d) and (g) of section 109.19 of title 49, Code of Fed- eral Regulations, and is otherwise consistent with the review process developed under such section, to the greatest extent prac- ticable and not inconsistent with this sec- tion. (8) IMMINENT HAZARD DEFINED.—In this sub- section, the term ‘‘imminent hazard’’ means the existence of a condition relating to a gas or hazardous liquid pipeline facility that pre- sents a substantial likelihood that death, seri- ous illness, severe personal injury, or a sub- stantial endangerment to health, property, or the environment may occur before the reason- ably foreseeable completion date of a formal proceeding begun to lessen the risk of such death, illness, injury, or endangerment. (9) LIMITATION AND SAVINGS CLAUSE.—An emergency order issued under this subsection may not be construed to— Page 1781 TITLE 49—TRANSPORTATION § 60117 (A) alter, amend, or limit the Secretary’s obligations under, or the applicability of, section 553 of title 5; or (B) provide the authority to amend the Code of Federal Regulations. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1321; Pub. L. 103–429, § 6(77), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 104–304, §§ 12, 19, Oct. 12, 1996, 110 Stat. 3802, 3804; Pub. L. 107–355, § 7, Dec. 17, 2002, 116 Stat. 2993; Pub. L. 109–468, §§ 11, 13, 17, Dec. 29, 2006, 120 Stat. 3494–3496; Pub. L. 112–90, § 13(a), Jan. 3, 2012, 125 Stat. 1913; Pub. L. 114–183, § 16, June 22, 2016, 130 Stat. 525; Pub. L. 116–260, div. R, title I, § 108(a), (b)(2), Dec. 27, 2020, 134 Stat. 2221, 2223.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 60117(a) ...... 49 App.:1681(a) (1st sentence words before semicolon). Aug. 12, 1968, Pub. L. 90–481, § 14(a) (1st sentence), 82 Stat. 727; restated Nov. 30, 1979, Pub. L. 96–129, §§ 104(b), 106, 93 Stat. 992, 994. 49 App.:1681(a) (last sentence). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 14(a) (last sentence); added Oct. 11, 1984, Pub. L. 98–464, § 7(a), 98 Stat. 1823. 49 App.:2010(a) (1st sentence words before semicolon). Nov. 30, 1979, Pub. L. 96–129, § 211(a) (1st sentence), 93 Stat. 1012. 49 App.:2010(a) (last sentence). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 211(a) (last sentence); added Oct. 11, 1984, Pub. L. 98–464, § 7(b), 98 Stat. 1823. 60117(b) ...... 49 App.:1681(b). Aug. 12, 1968, Pub. L. 90–481, § 14(b)–(e), 82 Stat. 727; re- stated Nov. 30, 1979, Pub. L. 96–129, §§ 104(b), 106, 93 Stat. 992, 995. 49 App.:2010(b). Nov. 30, 1979, Pub. L. 96–129, § 211(b)–(e), 93 Stat. 1012. 60117(c) ...... 49 App.:1681(c). 49 App.:2010(c). 60117(d) ...... 49 App.:1681(e) (1st sentence). 49 App.:2010(e) (1st sentence). 60117(e) ...... 49 App.:1681(d). 49 App.:2010(d). 60117(f) ....... 49 App.:1681(a) (1st sentence words after semicolon). 49 App.:1681(a) (2d sentence). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 14(a) (2d sen- tence); added Oct. 31, 1988, Pub. L. 100–561, § 109, 102 Stat. 2809. 49 App.:2010(a) (1st sentence words after semicolon). 49 App.:2010(a) (2d sentence). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 211(a) (2d sentence); added Oct. 31, 1988, Pub. L. 100–561, § 208, 102 Stat. 2812. 60117(g) ...... 49 App.:1682(a). Aug. 12, 1968, Pub. L. 90–481, § 15(a), 82 Stat. 727; Nov. 30, 1979, Pub. L. 96–129, §§ 104(b), 109(j)(2), (k), 155(b), 93 Stat. 992, 997, 1003. 49 App.:2011(a). Nov. 30, 1979, Pub. L. 96–129, § 212(a)–(c), 93 Stat. 1013. 60117(h)(1) .. 49 App.:1682(b). Aug. 12, 1968, Pub. L. 90–481, § 15(b), 82 Stat. 727; Nov. 30, 1979, Pub. L. 96–129, §§ 104(b), 109(j)(2), 93 Stat. 992, 997. 49 App.:2011(b). 60117(h)(2) .. 49 App.:1682(c). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 15(c); added Aug. 22, 1972, Pub. L. 92–401, § 3, 86 Stat. 616; Nov. 30, 1979, Pub. L. 96–129, §§ 104(b), 109(j)(2), 93 Stat. 992, 997. 49 App.:2011(c). HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 60117(h)(3) .. 49 App.:1682(d). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 15(d); added Nov. 30, 1979, Pub. L. 96–129, § 155(a), 93 Stat. 1003. 60117(i) ....... 49 App.:1676(b). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 9(b); added Oct. 31, 1988, Pub. L. 100–561, § 105(2), 102 Stat. 2807. 49 App.:2011(d). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 212(d); added Oct. 31, 1988, Pub. L. 100–561, § 209, 102 Stat. 2812. 60117(j) ....... 49 App.:1681(e) (last sentence). 49 App.:2010(e) (last sentence). In subsection (a), the words ‘‘to the extent necessary . . . his responsibilities under’’ and ‘‘relevant’’ are omitted as surplus. The words ‘‘documents and’’ are omitted as being included in ‘‘records’’. The words ‘‘di- rectly or, by contract, or otherwise’’ are omitted as surplus. In subsections (b), before clause (1), and (c), the words ‘‘has acted or . . . acting’’ are omitted as surplus. The word ‘‘prescribed’’ is added for consistency in the re- vised title and with other titles of the United States Code. In subsection (b)(1), the words ‘‘establish and’’ and ‘‘reasonably’’ are omitted as surplus. In subsection (c), the words ‘‘enter premises to’’ are substituted for ‘‘enter upon’’ for clarity and consist- ency. The words ‘‘and examine’’ and ‘‘to the extent such records and properties are relevant’’ are omitted as surplus. In subsection (d), the words ‘‘related to a confidential matter’’ are substituted for ‘‘which information con- tains or relates to a trade secret . . . shall be consid- ered confidential for the purpose of that section’’ to eliminate unnecessary words. The words ‘‘All informa- tion reported to or otherwise’’ are omitted as surplus. The words ‘‘an officer, employee, or agent’’ are sub- stituted for ‘‘his representative’’ for consistency. The word ‘‘only’’ is substituted for ‘‘except that such infor- mation’’ to eliminate unnecessary words. The words ‘‘when relevant’’ are omitted as surplus. In subsection (e)(1), the words ‘‘civil, criminal, or other’’ are omitted as surplus. In subsection (f), before clause (1), the words ‘‘how- ever . . . exercise authority under this section to’’ are omitted as surplus. In clause (1), the word ‘‘affected’’ is omitted as surplus. In clause (2), the word ‘‘attempt- ing’’ is substituted for ‘‘make every effort’’ to elimi- nate unnecessary words. The words ‘‘for testing’’ and ‘‘the Secretary considers’’ are added for clarity. In subsection (g), the words ‘‘with respect to matters under their jurisdiction’’ in 49 App.:2011(a) are omitted as surplus. In subsection (h)(1) and (2), the word ‘‘instrumental- ities’’ is added for consistency in the revised title and with other titles of the Code. In subsection (h)(1), the word ‘‘Federal’’ before ‘‘safe- ty’’ is omitted as surplus. In subsection (h)(3), the words ‘‘as a matter of right intervene or otherwise’’ and the text of 49 App.:1682(d) (last sentence) are omitted as surplus. In subsection (i), the words ‘‘Not later than 1 year after October 31, 1988’’ are omitted as obsolete. The words ‘‘departments, agencies, and instrumentalities of the Government and State authorities’’ are substituted for ‘‘agencies of the United States and of the States’’ for consistency in the revised title and with other titles of the Code. In subsection (j), the words ‘‘by the Secretary or any officer, employee, or agent under his control’’ are omit- ted as surplus. The words ‘‘to have the information’’ are substituted for ‘‘duly’’ for clarity. Page 1782 TITLE 49—TRANSPORTATION § 60117 PUB. L. 103–429 This amends 49:60117(i) by restating section 304(c) of the Pipeline Safety Act of 1992 (Public Law 102–508, 106 Stat. 3308) as 49:60117(i)(2). Revised Section Source (U.S. Code) Source (Statutes at Large) 60117(i)(2) ... 49 App.:1682 (note). Oct. 24, 1992, Pub. L. 102–508, § 304(c), 106 Stat. 3308. Editorial Notes REFERENCES IN TEXT The date of enactment of the PIPES Act of 2020, re- ferred to in subsec. (b)(3)(B)(i), is the date of enactment of div. R of Pub. L. 116–260, which was approved Dec. 27, 2020. The date of enactment of the PIPES Act of 2016 and such date of enactment, referred to in subsec. (p)(7), is the date of enactment of Pub. L. 114–183, which was ap- proved June 22, 2016. AMENDMENTS 2020—Subsecs. (b) to (p). Pub. L. 116–260, § 108(a), added subsec. (b) and redesignated former subsecs. (b) to (o) as (c) to (p), respectively. Subsec. (p)(3)(E). Pub. L. 116–260, § 108(b)(2), sub- stituted ‘‘subsection (m)’’ for ‘‘60117(l)’’. 2016—Subsec. (o). Pub. L. 114–183 added subsec. (o). 2012—Subsec. (n). Pub. L. 112–90 amended subsec. (n) generally. Prior to amendment, text read as follows: ‘‘(1) IN GENERAL.—If the Secretary conducts facility design safety reviews in connection with a proposal to construct, expand, or operate a liquefied natural gas pipeline facility, the Secretary may require the person requesting such reviews to pay the associated staff costs relating to such reviews incurred by the Sec- retary in section 60301(d). The Secretary may assess such costs in any reasonable manner. ‘‘(2) DEPOSIT.—The Secretary shall deposit all funds paid to the Secretary under this subsection into the Department of Treasury account 69–5172–0–2–407 or its successor account. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—Funds de- posited pursuant to this subsection are authorized to be appropriated for the purposes set forth in section 60301(d).’’ 2006—Subsec. (l). Pub. L. 109–468, § 13, reenacted head- ing without change and amended text generally. Prior to amendment, text read as follows: ‘‘If the Secretary decides that a pipeline facility has a potential safety- related condition, the Secretary may order the oper- ator of the facility to take necessary corrective action, including physical inspection, testing, repair, replace- ment, or other appropriate action to remedy the safety- related condition.’’ Subsecs. (m), (n). Pub. L. 109–468, §§ 11, 17, added sub- secs. (m) and (n). 2002—Subsec. (l). Pub. L. 107–355 added subsec. (l). 1996—Subsec. (a). Pub. L. 104–304, § 19, inserted ‘‘and promotional activities relating to prevention of dam- age to pipeline facilities’’ after ‘‘and training activi- ties’’. Subsec. (b). Pub. L. 104–304, § 12(1), (3), substituted ‘‘owning’’ for ‘‘transporting gas or hazardous liquid’’ and inserted at end ‘‘The Secretary may require owners and operators of gathering lines to provide the Sec- retary information pertinent to the Secretary’s ability to make a determination as to whether and to what ex- tent to regulate gathering lines.’’ Subsec. (k). Pub. L. 104–304, § 12(2), added subsec. (k). 1994—Subsec. (i). Pub. L. 103–429 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 112–90, § 20(a), Jan. 3, 2012, 125 Stat. 1916, pro- vided that: ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [Jan. 3, 2012], the Sec- retary of Transportation shall issue regulations— ‘‘(A) requiring hearings under sections 60112, 60117, 60118, and 60122 of title 49, United States Code, to be convened before a presiding official; ‘‘(B) providing the opportunity for any person re- questing a hearing under section 60112, 60117, 60118, or 60122 of such title to arrange for a transcript of the hearing, at the expense of the requesting person; ‘‘(C) ensuring expedited review of any order issued pursuant to section 60112(e) of such title; ‘‘(D) implementing a separation of functions be- tween personnel involved with the investigation and prosecution of an enforcement case and advising the Secretary on findings and determinations; and ‘‘(E) prohibiting ex-parte communication relevant to the question to be decided in such a case by parties to an investigation or hearing. ‘‘(2) PRESIDING OFFICIAL.—The regulations issued under this subsection shall— ‘‘(A) define the term ‘presiding official’ to mean the person who conducts any hearing relating to civil penalty assessments, compliance orders, safety or- ders, or corrective action orders; and ‘‘(B) require that the presiding official be an attor- ney on the staff of the Deputy Chief Counsel of the Pipeline and Hazardous Materials Safety Administra- tion that is not engaged in investigative or prosecu- torial functions, including the preparation of notices of probable violations, notices relating to civil pen- alty assessments, notices relating to compliance, or notices of proposed corrective actions. ‘‘(3) EXPEDITED REVIEW.—The regulations issued under this subsection shall define the term ‘expedited review’ for the purposes of paragraph (1)(C).’’ SAFETY DATA SHEETS Pub. L. 114–183, § 14, June 22, 2016, 130 Stat. 524, pro- vided that: ‘‘(a) IN GENERAL.—Each owner or operator of a haz- ardous liquid pipeline facility, following an accident in- volving such pipeline facility that results in a haz- ardous liquid spill, shall provide safety data sheets on any spilled hazardous liquid to the designated Federal On-Scene Coordinator and appropriate State and local emergency responders within 6 hours of a telephonic or electronic notice of the accident to the National Re- sponse Center. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) FEDERAL ON-SCENE COORDINATOR.—The term ‘Federal On-Scene Coordinator’ has the meaning given such term in section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)). ‘‘(2) NATIONAL RESPONSE CENTER.—The term ‘Na- tional Response Center’ means the center described under section 300.125(a) of title 40, Code of Federal Regulations. ‘‘(3) SAFETY DATA SHEET.—The term ‘safety data sheet’ means a safety data sheet required under sec- tion 1910.1200 of title 29, Code of Federal Regula- tions.’’ ACCIDENT AND INCIDENT NOTIFICATION Pub. L. 112–90, § 9, Jan. 3, 2012, 125 Stat. 1912, provided that: ‘‘(a) REVISION OF REGULATIONS.—Not later than 18 months after the date of enactment of this Act [Jan. 3, 2012], the Secretary of Transportation shall revise regu- lations issued under sections 191.5 and 195.52 of title 49, Code of Federal Regulations, to establish specific time limits for telephonic or electronic notice of accidents and incidents involving pipeline facilities to the Sec- retary and the National Response Center. ‘‘(b) MINIMUM REQUIREMENTS.—In revising the regula- tions, the Secretary, at a minimum, shall— ‘‘(1) establish time limits for telephonic or elec- tronic notification of an accident or incident to re- quire such notification at the earliest practicable Page 1783 TITLE 49—TRANSPORTATION § 60118 moment following confirmed discovery of an accident or incident and not later than 1 hour following the time of such confirmed discovery; ‘‘(2) review procedures for owners and operators of pipeline facilities and the National Response Center to provide thorough and coordinated notification to all relevant State and local emergency response offi- cials, including 911 emergency call centers, for the ju- risdictions in which those pipeline facilities are lo- cated in the event of an accident or incident, and re- vise such procedures as appropriate; and ‘‘(3) require such owners and operators to revise their initial telephonic or electronic notice to the Secretary and the National Response Center with an estimate of the amount of the product released, an estimate of the number of fatalities and injuries, if any, and any other information determined appro- priate by the Secretary within 48 hours of the acci- dent or incident, to the extent practicable. ‘‘(c) UPDATING OF REPORTS.—After receiving revisions described in subsection (b)(3), the National Response Center shall update the initial report on an accident or incident instead of generating a new report.’’ [Terms used in section 9 of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title.] GUIDANCE Pub. L. 112–90, § 13(b), Jan. 3, 2012, 125 Stat. 1914, pro- vided that: ‘‘Not later than 1 year after the date of en- actment of this Act [Jan. 3, 2012], the Secretary of Transportation shall issue guidance to clarify the meaning of the term ‘new or novel technologies or de- sign’ as used in section 60117(n)(1)(B)(ii) [now 49 U.S.C. 60117(o)(1)(B)(ii)] of title 49, United States Code, as amended by subsection (a) of this section.’’ PIPELINE SAFETY TRAINING FOR STATE AND LOCAL GOVERNMENT PERSONNEL Pub. L. 112–90, § 25, Jan. 3, 2012, 125 Stat. 1919, provided that: ‘‘(a) IN GENERAL.—To further the objectives of chap- ter 601 of title 49, United States Code, the Secretary of Transportation may provide the services of personnel from the Pipeline and Hazardous Materials Safety Ad- ministration to provide training for State and local government personnel at a pipeline safety training fa- cility that is established and operated by an agency or instrumentality of the United States, a unit of State or local government, or an educational institution. ‘‘(b) REIMBURSEMENTS FOR TRAINING EXPENDITURES.— ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of law, the Secretary may require reimburse- ment from sources other than the Federal Govern- ment for all expenses incurred by the Secretary in providing training for State and local government personnel under subsection (a), including salaries, ex- penses, transportation for Pipeline and Hazardous Materials Safety Administration personnel, and the cost of training materials. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—Amounts collected as reimbursement under paragraph (1) are authorized to be appropriated for the purposes set forth in chapter 601 of title 49, United States Code.’’ [Terms used in section 25 of Pub. L. 112–90, set out above, have the meaning given those terms in this chapter, see section 1(c)(1) of Pub. L. 112–90, set out as a note under section 60101 of this title.] TRIBAL CONSULTATION FOR PIPELINE PROJECTS Pub. L. 112–90, § 30, Jan. 3, 2012, 125 Stat. 1921, provided that: ‘‘Not later than 1 year after the date of enact- ment of this Act [Jan. 3, 2012], the Secretary of Trans- portation shall develop and implement a protocol for consulting with Indian tribes to provide technical as- sistance for the regulation of pipelines that are under the jurisdiction of Indian tribes.’’ INCIDENT REPORTING Pub. L. 109–468, § 15, Dec. 29, 2006, 120 Stat. 3496, pro- vided that: ‘‘Not later than December 31, 2007, the Sec- retary of Transportation shall review the incident re- porting requirements for operators of natural gas pipe- lines and modify the reporting criteria as appropriate to ensure that the incident data gathered accurately reflects incident trends over time, taking into consid- eration the recommendations from the Comptroller General in GAO report 06–946.’’ ACCIDENT REPORTING FORM Pub. L. 109–468, § 20, Dec. 29, 2006, 120 Stat. 3498, pro- vided that: ‘‘Not later than December 31, 2007, the Sec- retary of Transportation shall amend accident report- ing forms to require operators of gas and hazardous liq- uid pipelines to provide data related to controller fa- tigue.’’ § 60118. Compliance and waivers (a) GENERAL REQUIREMENTS.—A person owning or operating a pipeline facility shall— (1) comply with applicable safety standards prescribed under this chapter, except as pro- vided in this section or in section 60126; (2) prepare and carry out a plan for inspec- tion and maintenance required under section 60108(a) and (b) of this title; (3) allow access to or copying of records, make reports and provide information, and allow entry or inspection required under sub- sections (a) through (e) of section 60117 of this title; and (4) conduct a risk analysis, and adopt and implement an integrity management program, for pipeline facilities as required under section 60109(c). (b) COMPLIANCE ORDERS.—The Secretary of Transportation may issue orders directing com- pliance with this chapter, an order under section 60126, or a regulation prescribed under this chap- ter. An order shall state clearly the action a person must take to comply. (c) WAIVERS BY SECRETARY.— (1) NONEMERGENCY WAIVERS.— (A) IN GENERAL.—On application of an owner or operator of a pipeline facility, the Secretary by order may waive compliance with any part of an applicable standard pre- scribed under this chapter with respect to such facility on terms the Secretary con- siders appropriate if the Secretary deter- mines that the waiver is not inconsistent with pipeline safety. (B) HEARING.—The Secretary may act on a waiver under this paragraph only after no- tice and an opportunity for a hearing. (2) EMERGENCY WAIVERS.— (A) IN GENERAL.—The Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter on terms the Secretary considers ap- propriate without prior notice and comment if the Secretary determines that— (i) it is in the public interest to grant the waiver; (ii) the waiver is not inconsistent with pipeline safety; and (iii) the waiver is necessary to address an actual or impending emergency involving pipeline transportation, including an