49 U.S.C. § 60109 — High-density population areas and envi-

Page 1763 TITLE 49—TRANSPORTATION § 60109 PIPELINE BRIDGE RISK STUDY Pub. L. 107–355, § 25, Dec. 17, 2002, 116 Stat. 3011, re- quired the Secretary of Transportation to conduct a study to determine whether cable-suspension pipeline bridges pose structural or other risks warranting par- ticularized attention in connection with pipeline opera- tors risk assessment programs and whether particular- ized inspection standards need to be developed by the Department of Transportation to recognize the peculiar risks posed by such bridges and to transmit a report de- tailing the results of the completed study within 2 years after Dec. 17, 2002. STUDY OF UNDERWATER ABANDONED PIPELINE FACILITIES Pub. L. 102–508, title III, § 307, Oct. 24, 1992, 106 Stat. 3309, directed Secretary of Transportation, in consulta- tion with State and other Federal agencies having au- thority over underwater natural gas and hazardous liq- uid pipeline facilities and with pipeline owners and op- erators, fishing and maritime industries, and other af- fected groups, to submit to Congress, not later than 3 years after Oct. 24, 1992, report and recommendations on abandonment of such pipeline facilities, including analysis of problems caused by such facilities, alter- native methods to abandonment, as well as naviga- tional, safety, economic, and environmental impacts associated with abandonment, and further authorized Secretary to require, based on findings of such study, additional appropriate actions to prevent hazards to navigation in connection with such facilities. § 60109. High-density population areas and envi- ronmentally sensitive areas (a) IDENTIFICATION REQUIREMENTS.—Not later than October 24, 1994, the Secretary of Transpor- tation shall prescribe standards that— (1) establish criteria for identifying— (A) by operators of gas pipeline facilities, each gas pipeline facility (except a natural gas distribution line) located in a high-den- sity population area; and (B) by operators of hazardous liquid pipe- line facilities and gathering lines— (i) each hazardous liquid pipeline facil- ity, whether otherwise subject to this chapter, that crosses waters where a sub- stantial likelihood of commercial naviga- tion exists or that is located in an area de- scribed in the criteria as a high-density population area; and (ii) each hazardous liquid pipeline facil- ity and gathering line, whether otherwise subject to this chapter, located in an area that the Secretary, in consultation with the Administrator of the Environmental Protection Agency, describes as unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident; and (2) provide that the identification be carried out through the inventory required under sec- tion 60102(e) of this title. (b) AREAS TO BE INCLUDED AS UNUSUALLY SEN- SITIVE.—When describing areas that are unusu- ally sensitive to environmental damage if there is a hazardous liquid pipeline accident, the Sec- retary shall consider areas where a pipeline rup- ture would likely cause permanent or long-term environmental damage, including— (1) locations near pipeline rights-of-way that are critical to drinking water, including in- take locations for community water systems and critical sole source aquifer protection areas; and (2) locations near pipeline rights-of-way that are part of the Great Lakes or have been iden- tified as coastal beaches, certain coastal wa- ters, critical wetlands, riverine or estuarine systems, national parks, wilderness areas, wildlife preservation areas or refuges, wild and scenic rivers, or critical habitat areas for threatened and endangered species. (c) RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS.— (1) REQUIREMENT.—Each operator of a gas pipeline facility shall conduct an analysis of the risks to each facility of the operator lo- cated in an area identified pursuant to sub- section (a)(1) and defined in chapter 192 of title 49, Code of Federal Regulations, including any subsequent modifications, and shall adopt and implement a written integrity management program for such facility to reduce the risks. (2) REGULATIONS.— (A) IN GENERAL.—Not later than 12 months after the date of enactment of this sub- section, the Secretary shall issue regula- tions prescribing standards to direct an op- erator’s conduct of a risk analysis and adop- tion and implementation of an integrity management program under this subsection. The regulations shall require an operator to conduct a risk analysis and adopt an integ- rity management program within a time pe- riod prescribed by the Secretary, ending not later than 24 months after such date of en- actment. Not later than 18 months after such date of enactment, each operator of a gas pipeline facility shall begin a baseline integrity assessment described in paragraph (3). (B) AUTHORITY TO ISSUE REGULATIONS.—The Secretary may satisfy the requirements of this paragraph through the issuance of regu- lations under this paragraph or under other authority of law. (3) MINIMUM REQUIREMENTS OF INTEGRITY MANAGEMENT PROGRAMS.—An integrity man- agement program required under paragraph (1) shall include, at a minimum, the following re- quirements: (A) A baseline integrity assessment of each of the operator’s facilities in areas identified pursuant to subsection (a)(1) and defined in chapter 192 of title 49, Code of Federal Regulations, including any subse- quent modifications, by internal inspection device, pressure testing, direct assessment, or an alternative method that the Secretary determines would provide an equal or great- er level of safety. The operator shall com- plete such assessment not later than 10 years after the date of enactment of this subsection. At least 50 percent of such facili- ties shall be assessed not later than 5 years after such date of enactment. The operator shall prioritize such facilities for assessment based on all risk factors, including any pre- viously discovered defects or anomalies and any history of leaks, repairs, or failures. The operator shall ensure that assessments of fa- cilities with the highest risks are given pri- ority for completion and that such assess- ments will be completed not later than 5 years after such date of enactment. Page 1764 TITLE 49—TRANSPORTATION § 60109 (B) Subject to paragraph (5), periodic reas- sessments of the facility, at a minimum of once every 7 calendar years, using methods described in subparagraph (A). The Sec- retary may extend such deadline for an addi- tional 6 months if the operator submits writ- ten notice to the Secretary with sufficient justification of the need for the extension. (C) Clearly defined criteria for evaluating the results of assessments conducted under subparagraphs (A) and (B) and for taking ac- tions based on such results. (D) A method for conducting an analysis on a continuing basis that integrates all available information about the integrity of the facility and the consequences of releases from the facility. (E) A description of actions to be taken by the operator to promptly address any integ- rity issue raised by an evaluation conducted under subparagraph (C) or the analysis con- ducted under subparagraph (D). (F) A description of measures to prevent and mitigate the consequences of releases from the facility. (G) A method for monitoring cathodic pro- tection systems throughout the pipeline sys- tem of the operator to the extent not ad- dressed by other regulations. (H) If the Secretary raises a safety concern relating to the facility, a description of the actions to be taken by the operator to ad- dress the safety concern, including issues raised with the Secretary by States and local authorities under an agreement en- tered into under section 60106. (4) TREATMENT OF BASELINE INTEGRITY AS- SESSMENTS.—In the case of a baseline integrity assessment conducted by an operator in the period beginning on the date of enactment of this subsection and ending on the date of issuance of regulations under this subsection, the Secretary shall accept the assessment as complete, and shall not require the operator to repeat any portion of the assessment, if the Secretary determines that the assessment was conducted in accordance with the require- ments of this subsection. (5) WAIVERS AND MODIFICATIONS.—In accord- ance with section 60118(c), the Secretary may waive or modify any requirement for reassess- ment of a facility under paragraph (3)(B) for reasons that may include the need to maintain local product supply or the lack of internal in- spection devices if the Secretary determines that such waiver is not inconsistent with pipe- line safety. (6) STANDARDS.—The standards prescribed by the Secretary under paragraph (2) shall ad- dress each of the following factors: (A) The minimum requirements described in paragraph (3). (B) The type or frequency of inspections or testing of pipeline facilities, in addition to the minimum requirements of paragraph (3)(B). (C) The manner in which the inspections or testing are conducted. (D) The criteria used in analyzing results of the inspections or testing. (E) The types of information sources that must be integrated in assessing the integrity of a pipeline facility as well as the manner of integration. (F) The nature and timing of actions se- lected to address the integrity of a pipeline facility. (G) Such other factors as the Secretary de- termines appropriate to ensure that the in- tegrity of a pipeline facility is addressed and that appropriate mitigative measures are adopted to protect areas identified under subsection (a)(1). In prescribing those standards, the Secretary shall ensure that all inspections required are conducted in a manner that minimizes envi- ronmental and safety risks, and shall take into account the applicable level of protection established by national consensus standards organizations. (7) ADDITIONAL OPTIONAL STANDARDS.—The Secretary may also prescribe standards requir- ing an operator of a pipeline facility to include in an integrity management program under this subsection— (A) changes to valves or the establishment or modification of systems that monitor pressure and detect leaks based on the oper- ator’s risk analysis; and (B) the use of emergency flow restricting devices. (8) LACK OF REGULATIONS.—In the absence of regulations addressing the elements of an in- tegrity management program described in this subsection, the operator of a pipeline facility shall conduct a risk analysis and adopt and implement an integrity management program described in this subsection not later than 24 months after the date of enactment of this subsection and shall complete the baseline in- tegrity assessment described in this sub- section not later than 10 years after such date of enactment. At least 50 percent of such fa- cilities shall be assessed not later than 5 years after such date of enactment. The operator shall prioritize such facilities for assessment based on all risk factors, including any pre- viously discovered defects or anomalies and any history of leaks, repairs, or failures. The operator shall ensure that assessments of fa- cilities with the highest risks are given pri- ority for completion and that such assess- ments will be completed not later than 5 years after such date of enactment. (9) REVIEW OF INTEGRITY MANAGEMENT PRO- GRAMS.— (A) REVIEW OF PROGRAMS.— (i) IN GENERAL.—The Secretary shall re- view a risk analysis and integrity manage- ment program under paragraph (1) and record the results of that review for use in the next review of an operator’s program. (ii) CONTEXT OF REVIEW.—The Secretary may conduct a review under clause (i) as an element of the Secretary’s inspection of an operator. (iii) INADEQUATE PROGRAMS.—If the Sec- retary determines that a risk analysis or integrity management program does not comply with the requirements of this sub- section or regulations issued as described in paragraph (2), has not been adequately Page 1765 TITLE 49—TRANSPORTATION § 60109 implemented, or is inadequate for the safe operation of a pipeline facility, the Sec- retary may conduct proceedings under this chapter. (B) AMENDMENTS TO PROGRAMS.—In order to facilitate reviews under this paragraph, an operator of a pipeline facility shall notify the Secretary of any amendment made to the operator’s integrity management pro- gram not later than 30 days after the date of adoption of the amendment. The Secretary shall review any such amendment in accord- ance with this paragraph. (C) TRANSMITTAL OF PROGRAMS TO STATE AUTHORITIES.—The Secretary shall provide a copy of each risk analysis and integrity management program reviewed by the Sec- retary under this paragraph to any appro- priate State authority with which the Sec- retary has entered into an agreement under section 60106. (10) STATE REVIEW OF INTEGRITY MANAGEMENT PLANS.—A State authority that enters into an agreement pursuant to section 60106, permit- ting the State authority to review the risk analysis and integrity management program pursuant to paragraph (9), may provide the Secretary with a written assessment of the risk analysis and integrity management pro- gram, make recommendations, as appropriate, to address safety concerns not adequately ad- dressed by the operator’s risk analysis or in- tegrity management program, and submit doc- umentation explaining the State-proposed re- visions. The Secretary shall consider carefully the State’s proposals and work in consultation with the States and operators to address safe- ty concerns. (11) APPLICATION OF STANDARDS.—Section 60104(b) shall not apply to this section. (12) DISTRIBUTION PIPELINES.— (A) STUDY.—The Secretary shall conduct a study of methods that may be used under paragraph (3), other than direct assessment, to assess distribution pipelines to determine whether any such method— (i) would provide a greater level of safety than direct assessment of the pipelines; and (ii) is feasible. (B) REPORT.—Not later than 2 years after the date of enactment of this paragraph, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Energy and Commerce and Transportation and In- frastructure of the House of Representatives a report describing— (i) the results of the study under sub- paragraph (A); and (ii) recommendations based on that study, if any. (d) EVALUATION OF INTEGRITY MANAGEMENT REGULATIONS.—Not later than 4 years after the date of enactment of this subsection, the Comp- troller General shall complete an assessment and evaluation of the effects on public safety and the environment of the requirements for the implementation of integrity management pro- grams contained in the standards prescribed as described in subsection (c)(2). (e) DISTRIBUTION INTEGRITY MANAGEMENT PRO- GRAMS.— (1) MINIMUM STANDARDS.—Not later than De- cember 31, 2007, the Secretary shall prescribe minimum standards for integrity management programs for distribution pipelines. (2) ADDITIONAL AUTHORITY OF SECRETARY.—In carrying out this subsection, the Secretary may require operators of distribution pipelines to continually identify and assess risks on their distribution lines, to remediate condi- tions that present a potential threat to line integrity, and to monitor program effective- ness. (3) EXCESS FLOW VALVES.— (A) IN GENERAL.—The minimum standards shall include a requirement for an operator of a natural gas distribution system to in- stall an excess flow valve on each single family residence service line connected to such system if— (i) the service line is installed or entirely replaced after June 1, 2008; (ii) the service line operates continu- ously throughout the year at a pressure not less than 10 pounds per square inch gauge; (iii) the service line is not connected to a gas stream with respect to which the op- erator has had prior experience with con- taminants the presence of which could interfere with the operation of an excess flow valve; (iv) the installation of an excess flow valve on the service line is not likely to cause loss of service to the residence or interfere with necessary operation or maintenance activities, such as purging liquids from the service line; and (v) an excess flow valve meeting per- formance standards developed under sec- tion 60110(e) of title 49, United States Code, is commercially available to the operator, as determined by the Secretary. (B) DISTRIBUTION BRANCH SERVICES, MULTI- FAMILY FACILITIES, AND SMALL COMMERCIAL FACILITIES.—Not later than 2 years after the date of enactment of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, and after issuing a final report on the evaluation of the National Transpor- tation Safety Board’s recommendation on excess flow valves in applications other than service lines serving one single family resi- dence, the Secretary, if appropriate, shall by regulation require the use of excess flow valves, or equivalent technology, where eco- nomically, technically, and operationally feasible on new or entirely replaced distribu- tion branch services, multifamily facilities, and small commercial facilities. (C) REPORTS.—Operators of natural gas dis- tribution systems shall report annually to the Secretary on the number of excess flow valves installed on their systems under sub- paragraph (A). (4) APPLICABILITY.—The Secretary shall de- termine which distribution pipelines will be subject to the minimum standards. Page 1766 TITLE 49—TRANSPORTATION § 60109 (5) DEVELOPMENT AND IMPLEMENTATION.— Each operator of a distribution pipeline that the Secretary determines is subject to the minimum standards prescribed by the Sec- retary under this subsection shall develop and implement an integrity management program in accordance with those standards. (6) SAVINGS CLAUSE.—Subject to section 60104(c), a State authority having a current certification under section 60105 may adopt or continue in force additional integrity manage- ment requirements, including additional re- quirements for installation of excess flow valves, for gas distribution pipelines within the boundaries of that State. (7) EVALUATION OF RISK.— (A) IN GENERAL.—Not later than 2 years after the date of enactment of this para- graph, the Secretary shall promulgate regu- lations to ensure that each distribution in- tegrity management plan developed by an operator of a distribution system includes an evaluation of— (i) the risks resulting from the presence of cast iron pipes and mains in the dis- tribution system; and (ii) the risks that could lead to or result from the operation of a low-pressure dis- tribution system at a pressure that makes the operation of any connected and prop- erly adjusted low-pressure gas burning equipment unsafe, as determined by the Secretary. (B) CONSIDERATION.—In carrying out sub- paragraph (A)(ii), the Secretary shall ensure that an operator of a distribution system— (i) considers factors other than past ob- served abnormal operating conditions (as defined in section 192.803 of title 49, Code of Federal Regulations (or a successor reg- ulation)) in ranking risks and identifying measures to mitigate those risks; and (ii) may not determine that there are no potential consequences associated with low probability events unless that deter- mination is otherwise supported by engi- neering analysis or operational knowledge. (C) DEADLINES.— (i) IN GENERAL.—Not later than 2 years after the date of enactment of this para- graph, each operator of a distribution sys- tem shall make available to the Secretary or the relevant State authority with a cer- tification in effect under section 60105, as applicable, a copy of— (I) the distribution integrity manage- ment plan of the operator; (II) the emergency response plan under section 60102(d)(5); and (III) the procedural manual for oper- ations, maintenance, and emergencies under section 60102(d)(4). (ii) UPDATES.—Each operator of a dis- tribution system shall make available to the Secretary or make available for in- spection to the relevant State authority described in clause (i), if applicable, an up- dated plan or manual described in that clause by not later than 60 days after the date of a significant update, as determined by the Secretary. (iii) APPLICABILITY OF FOIA.—Nothing in this subsection shall be construed to au- thorize the disclosure of any information that is exempt from disclosure under sec- tion 552(b) of title 5. (D) REVIEW OF PLANS AND DOCUMENTS.— (i) TIMING.— (I) IN GENERAL.—Not later than 2 years after the date of promulgation of the regulations under subparagraph (A), and not less frequently than once every 5 years thereafter, the Secretary or rel- evant State authority with a certifi- cation in effect under section 60105 shall review the distribution integrity man- agement plan, the emergency response plan, and the procedural manual for op- erations, maintenance, and emergencies of each operator of a distribution system and record the results of that review for use in the next review of the program of that operator. (II) GRACE PERIOD.—For the third, fourth, and fifth years after the date of promulgation of the regulations under subparagraph (A), the Secretary— (aa) shall not use subclause (I) as jus- tification to reduce funding, decertify, or penalize in any way under section 60105, 60106, or 60107 a State authority that has in effect a certification under section 60105 or an agreement under section 60106; and (bb) shall— (AA) submit to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Com- mittees on Transportation and Infra- structure and Energy and Commerce of the House of Representatives a list of States found to be noncompliant with subclause (I) during the annual program evaluation; and (BB) provide a written notice to each State authority described in item (aa) that is not in compliance with the requirements of subclause (I). (ii) REVIEW.—Each plan or procedural manual made available under subpara- graph (C)(i) shall be reexamined— (I) on significant change to the plans or procedural manual, as applicable; (II) on significant change to the gas distribution system of the operator, as applicable; and (III) not less frequently than once every 5 years. (iii) CONTEXT OF REVIEW.—The Secretary may conduct a review under clause (i) or (ii) as an element of the inspection of the operator carried out by the Secretary. (iv) INADEQUATE PROGRAMS.—If the Sec- retary determines that the documents re- viewed under clause (i) or (ii) do not com- ply with the requirements of this chapter (including regulations to implement this chapter), have not been adequately imple- mented, or are inadequate for the safe op- eration of a pipeline facility, the Secretary Page 1767 TITLE 49—TRANSPORTATION § 60109 may conduct proceedings under this chap- ter. (f) CERTIFICATION OF PIPELINE INTEGRITY MAN- AGEMENT PROGRAM PERFORMANCE.—The Sec- retary shall establish procedures requiring cer- tification of annual and semiannual pipeline in- tegrity management program performance re- ports by a senior executive officer of the com- pany operating a pipeline subject to this chap- ter. The procedures shall require a signed state- ment, which may be effected electronically in accordance with the provisions of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.), certifying that— (1) the signing officer has reviewed the re- port; and (2) to the best of such officer’s knowledge and belief, the report is true and complete. (g) HAZARDOUS LIQUID PIPELINE FACILITIES.— (1) INTEGRITY ASSESSMENTS.—Notwith- standing any pipeline integrity management program or integrity assessment schedule oth- erwise required by the Secretary, each oper- ator of a pipeline facility to which this sub- section applies shall ensure that pipeline in- tegrity assessments— (A) using internal inspection technology appropriate for the integrity threat are com- pleted not less often than once every 12 months; and (B) using pipeline route surveys, depth of cover surveys, pressure tests, external corro- sion direct assessment, or other technology that the operator demonstrates can further the understanding of the condition of the pipeline facility are completed on a schedule based on the risk that the pipeline facility poses to the high consequence area in which the pipeline facility is located, but not less often than once every 12 months. (2) APPLICATION.—This subsection shall apply to any underwater hazardous liquid pipeline facility located in a high consequence area— (A) that is not an offshore pipeline facil- ity; and (B) any portion of which is located at depths greater than 150 feet under the sur- face of the water. (3) HIGH CONSEQUENCE AREA DEFINED.—For purposes of this subsection, the term ‘‘high consequence area’’ has the meaning given that term in section 195.450 of title 49, Code of Fed- eral Regulations. (4) INSPECTION AND ENFORCEMENT.—The Sec- retary shall conduct inspections under section 60117(d) to determine whether each operator of a pipeline facility to which this subsection ap- plies is complying with this section. (5) CONSIDERATIONS.—In carrying out this subsection, each operator shall implement procedures that assess potential impacts by maritime equipment or other vessels, includ- ing anchors, anchor chains, or any other at- tached equipment. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1315; Pub. L. 103–429, § 6(75), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 104–304, §§ 7, 20(i), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub. L. 107–355, § 14(a), (b), Dec. 17, 2002, 116 Stat. 3002, 3005; Pub. L. 109–468, §§ 9, 14, 16, Dec. 29, 2006, 120 Stat. 3493, 3496; Pub. L. 112–90, §§ 5(e), 22, Jan. 3, 2012, 125 Stat. 1908, 1917; Pub. L. 114–183, §§ 19(a), 25, June 22, 2016, 130 Stat. 527, 530; Pub. L. 116–260, div. R, title I, §§ 108(b)(1), 120(b), (d), 122, title II, § 202(a), Dec. 27, 2020, 134 Stat. 2223, 2235–2237.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 60109(a) (1)(A). 49 App.:1672(i)(1) (1st sentence), (2). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(i); added Oct. 24, 1992, Pub. L. 102–508, § 102(a)(2), 106 Stat. 3291. 60109(a) (1)(B). 49 App.:2002(m)(1) (1st sentence). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(m); added Oct. 24, 1992, Pub. L. 102–508, § 202(a)(2), 106 Stat. 3300. 60109(a)(2) .. 49 App.:1672(i)(1) (last sentence). 49 App.:2002(m)(1) (2d sentence). 60109(b) ...... 49 App.:2002(m)(1) (last sentence). In subsection (a)(1)(B)(i) and (ii), the words ‘‘regula- tion under’’ and ‘‘or not’’ are omitted as surplus. PUB. L. 103–429 This amends 49:60109(a)(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1315). Editorial Notes REFERENCES IN TEXT The date of enactment of this subsection, referred to in subsecs. (c) and (d), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002. The date of enactment of this paragraph, referred to in subsecs. (c)(12)(B) and (e)(7)(A), (C)(i), is the date of enactment of Pub. L. 116–260, which was approved Dec. 27, 2020. The date of enactment of the Pipeline Safety, Regu- latory Certainty, and Job Creation Act of 2011, referred to in subsec. (e)(3)(B), is the date of enactment of Pub. L. 112–90, which was approved Jan. 3, 2012. The Electronic Signatures in Global and National Commerce Act, referred to in subsec. (f), is Pub. L. 106–229, June 30, 2000, 114 Stat. 464, which is classified principally to chapter 96 (§ 7001 et seq.) of Title 15, Com- merce and Trade. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 7001 of Title 15 and Tables. AMENDMENTS 2020—Subsec. (b)(2). Pub. L. 116–260, § 120(b), sub- stituted ‘‘certain coastal waters’’ for ‘‘marine coastal waters’’. Subsec. (c)(12). Pub. L. 116–260, § 122, added par. (12). Subsec. (e)(7). Pub. L. 116–260, § 202(a), added par. (7). Subsec. (g)(1)(B). Pub. L. 116–260, § 120(d)(1), inserted ‘‘, but not less often than once every 12 months’’ before period at end. Subsec. (g)(4). Pub. L. 116–260, § 108(b)(1), substituted ‘‘section 60117(d)’’ for ‘‘section 60117(c)’’. Subsec. (g)(5). Pub. L. 116–260, § 120(d)(2), added par. (5). 2016—Subsec. (b)(2). Pub. L. 114–183, § 19(a), sub- stituted ‘‘are part of the Great Lakes or have been identified as coastal beaches, marine coastal waters,’’ for ‘‘have been identified as’’. Subsec. (g). Pub. L. 114–183, § 25, added subsec. (g). 2012—Subsec. (c)(3)(B). Pub. L. 112–90, § 5(e), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘Subject to paragraph (5), periodic re- assessment of the facility, at a minimum of once every 7 years, using methods described in subparagraph (A).’’ Page 1768 TITLE 49—TRANSPORTATION § 60109 Subsec. (e)(3)(B), (C). Pub. L. 112–90, § 22, added sub- par. (B) and redesignated former subpar. (B) as (C). 2006—Subsec. (c)(9)(A)(iii). Pub. L. 109–468, § 14, reen- acted heading without change and amended text gen- erally. Prior to amendment, text read as follows: ‘‘If the Secretary determines that a risk analysis or integ- rity management program does not comply with the re- quirements of this subsection or regulations issued as described in paragraph (2), or is inadequate for the safe operation of a pipeline facility, the Secretary shall act under section 60108(a)(2) to require the operator to re- vise the risk analysis or integrity management pro- gram.’’ Subsec. (e). Pub. L. 109–468, § 9, added subsec. (e). Subsec. (f). Pub. L. 109–468, § 16, added subsec. (f). 2002—Subsec. (c). Pub. L. 107–355, § 14(a), added subsec. (c). Subsec. (d). Pub. L. 107–355, § 14(b), added subsec. (d). 1996—Subsec. (a). Pub. L. 104–304, § 20(i), substituted ‘‘standards’’ for ‘‘regulations’’ in introductory provi- sions. Subsec. (a)(1)(B)(i). Pub. L. 104–304, § 7(a), substituted ‘‘waters where a substantial likelihood of commercial navigation exists’’ for ‘‘a navigable waterway (as the Secretary defines by regulation)’’. Subsec. (b). Pub. L. 104–304, § 7(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘When describing an area that is unusually sensitive to environmental dam- age if there is a hazardous liquid pipeline accident, the Secretary shall consider including— ‘‘(1) earthquake zones and areas subject to land- slides and other substantial ground movements; ‘‘(2) areas of likely ground water contamination if a hazardous liquid pipeline facility ruptures; ‘‘(3) freshwater lakes, rivers, and waterways; and ‘‘(4) river deltas and other areas subject to soil ero- sion or subsidence from flooding or other water ac- tion where a hazardous liquid pipeline facility is like- ly to become exposed or undermined.’’ 1994—Subsec. (a)(2). Pub. L. 103–429 substituted ‘‘sec- tion 60102(e)’’ for ‘‘section 60102(c)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. CONSIDERATION OF PIPELINE CLASS LOCATION CHANGES Pub. L. 116–260, div. R, title I, § 115, Dec. 27, 2020, 134 Stat. 2232, provided that: ‘‘(a) IN GENERAL.—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 all comments submitted in response to the advance notice of proposed rulemaking entitled ‘Pipeline Safety: Class Location Change Require- ments’ (83 Fed. Reg. 36861 (July 31, 2018)); ‘‘(2) complete any other activities or procedures necessary— ‘‘(A) to make a determination whether to publish a notice of proposed rulemaking; and ‘‘(B) if a positive determination is made under subparagraph (A), to advance in the rulemaking process, including by taking any actions required under section 60115 of title 49, United State Code; and ‘‘(3) consider the issues raised in the report to Con- gress entitled ‘Evaluation of Expanding Pipeline In- tegrity Management Beyond High-Consequence Areas and Whether Such Expansion Would Mitigate the Need for Gas Pipeline Class Location Requirements’ prepared by the Pipeline and Hazardous Materials Safety Administration and submitted to Congress on June 8, 2016, including the adequacy of existing integ- rity management programs. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section may be construed to require the Administrator of the Pipeline and Hazardous Materials Safety Administra- tion to publish a notice of proposed rulemaking or oth- erwise continue the rulemaking process with respect to the advance notice of proposed rulemaking described in subsection (a)(1). ‘‘(c) REPORTING.—For purposes of this section, the re- quirements of section 106 [134 Stat. 2220] shall apply during the period beginning on the date that is 180 days after the date of enactment of this Act and ending on the date on which the requirements of subsection (a) are completed.’’ UNUSUALLY SENSITIVE AREAS (USA) ECOLOGICAL RESOURCES Pub. L. 116–260, div. R, title I, § 120(c), Dec. 27, 2020, 134 Stat. 2235, provided that: ‘‘The Secretary [of Transpor- tation] shall complete the revision to regulations re- quired under section 19(b) of the PIPES Act of 2016 (49 U.S.C. 60109 note; Public Law 114–183) (as amended by subsection (a)) [set out below] by not later than 90 days after the date of enactment of this Act [Dec. 27, 2020].’’ Pub. L. 114–183, § 19(b), June 22, 2016, 130 Stat. 527, as amended by Pub. L. 116–260, div. R, title I, § 120(a), Dec. 27, 2020, 134 Stat. 2235, provided that: ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) CERTAIN COASTAL WATERS.—The term ‘certain coastal waters’ means— ‘‘(i) the territorial sea of the United States; ‘‘(ii) the Great Lakes and their connecting wa- ters; and ‘‘(iii) the marine and estuarine waters of the United States up to the head of tidal influence. ‘‘(B) COASTAL BEACH.—The term ‘coastal beach’ means any land between the high- and low-water marks of certain coastal waters. ‘‘(2) REVISION.—The Secretary of Transportation shall revise section 195.6(b) of title 49, Code of Federal Regu- lations, to explicitly state that the Great Lakes, coast- al beaches, and certain coastal waters are USA ecologi- cal resources for purposes of determining whether a pipeline is in a high consequence area (as defined in section 195.450 of such title).’’ INTEGRITY MANAGEMENT Pub. L. 112–90, § 5, Jan. 3, 2012, 125 Stat. 1907, provided that: ‘‘(a) EVALUATION.—Not later than 18 months after the date of enactment of this Act [Jan. 3, 2012], the Sec- retary of Transportation shall evaluate— ‘‘(1) whether integrity management system require- ments, or elements thereof, should be expanded be- yond high-consequence areas; and ‘‘(2) with respect to gas transmission pipeline facili- ties, whether applying integrity management pro- gram requirements, or elements thereof, to addi- tional areas would mitigate the need for class loca- tion requirements. ‘‘(b) FACTORS.—In conducting the evaluation under subsection (a), the Secretary shall consider, at a min- imum, the following: ‘‘(1) The continuing priority to enhance protections for public safety. ‘‘(2) The continuing importance of reducing risk in high-consequence areas. ‘‘(3) The incremental costs of applying integrity management standards to pipelines outside of high- consequence areas where operators are already con- ducting assessments beyond what is required under chapter 601 of title 49, United States Code. ‘‘(4) The need to undertake integrity management assessments and repairs in a manner that is achiev- able and sustainable, and that does not disrupt pipe- line service. ‘‘(5) The options for phasing in the extension of in- tegrity management requirements beyond high-con- sequence areas, including the most effective and effi- cient options for decreasing risks to an increasing Page 1769 TITLE 49—TRANSPORTATION § 60110 number of people living or working in proximity to pipeline facilities. ‘‘(6) The appropriateness of applying repair criteria, such as pressure reductions and special requirements for scheduling remediation, to areas that are not high-consequence areas. ‘‘(c) REPORT.—Not later than 2 years after the date of enactment of this Act [Jan. 3, 2012], the Secretary shall submit to the Committee on Transportation and Infra- structure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report, based on the evaluation conducted under sub- section (a), containing the Secretary’s analysis and findings regarding— ‘‘(1) expansion of integrity management require- ments, or elements thereof, beyond high-consequence areas; and ‘‘(2) with respect to gas transmission pipeline facili- ties, whether applying the integrity management program requirements, or elements thereof, to addi- tional areas would mitigate the need for class loca- tion requirements. ‘‘(d) DATA REPORTING.—The Secretary shall collect any relevant data necessary to complete the evaluation required by subsection (a). ‘‘(e) TECHNICAL CORRECTION.—[Amended this section.] ‘‘(f) RULEMAKING REQUIREMENTS.— ‘‘(1) REVIEW PERIOD DEFINED.—In this subsection, the term ‘review period’ means the period beginning on the date of enactment of this Act [Jan. 3, 2012] and ending on the earlier of— ‘‘(A) the date that is 1 year after the date of com- pletion of the report under subsection (c); or ‘‘(B) the date that is 3 years after the date of en- actment of this Act. ‘‘(2) CONGRESSIONAL AUTHORITY.—In order to provide Congress the necessary time to review the results of the report required by subsection (c) and implement appropriate recommendations, the Secretary shall not, during the review period, issue final regulations described in paragraph (3)(B). ‘‘(3) STANDARDS.— ‘‘(A) FINDINGS.—As soon as practicable following the review period, the Secretary shall issue final regulations described in subparagraph (B), if the Secretary finds, in the report required under sub- section (c), that— ‘‘(i) integrity management system require- ments, or elements thereof, should be expanded beyond high-consequence areas; and ‘‘(ii) with respect to gas transmission pipeline facilities, applying integrity management pro- gram requirements, or elements thereof, to addi- tional areas would mitigate the need for class lo- cation requirements. ‘‘(B) REGULATIONS.—Regulations issued by the Secretary under subparagraph (A), if any, shall— ‘‘(i) expand integrity management system re- quirements, or elements thereof, beyond high- consequence areas; and ‘‘(ii) remove redundant class location require- ments for gas transmission pipeline facilities that are regulated under an integrity management program adopted and implemented under section 60109(c)(2) of title 49, United States Code. ‘‘(4) SAVINGS CLAUSE.— ‘‘(A) IN GENERAL.—Notwithstanding any other provision of this subsection, the Secretary, during the review period, may issue final regulations de- scribed in paragraph (3)(B), if the Secretary deter- mines that a condition that poses a risk to public safety, property, or the environment is present or an imminent hazard exists and that the regulations will address the risk or hazard. ‘‘(B) IMMINENT HAZARD DEFINED.—In subparagraph (A), the term ‘imminent hazard’ means the exist- ence of a condition related to pipelines or pipeline operations that presents a substantial likelihood that death, serious illness, severe personal injury, or substantial endangerment to health, property, or the environment may occur. ‘‘(g) REPORT TO CONGRESS ON RISK-BASED PIPELINE REASSESSMENT INTERVALS.—Not later than 2 years after the date of enactment of this Act [Jan. 3, 2012], the Comptroller General of the United States shall evalu- ate— ‘‘(1) whether risk-based reassessment intervals are a more effective alternative for managing risks to pipelines in high-consequence areas once baseline as- sessments are complete when compared to the reas- sessment interval specified in section 60109(c)(3)(B) of title 49, United States Code; ‘‘(2) the number of anomalies found in baseline as- sessments required under section 60109(c)(3)(A) of title 49, United States Code, as compared to the num- ber of anomalies found in reassessments required under section 60109(c)(3)(B) of such title; and ‘‘(3) the progress made in implementing the rec- ommendations in GAO Report 06–945 and the current relevance of those recommendations that have not been implemented.’’ [Terms used in section 5 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. For definition of ‘‘high-consequence area’’ as used in section 5 of Pub. L. 112–90, see section 1(c)(2) of Pub. L. 112–90, set out as a note under section 60101 of this title.] SEISMICITY Pub. L. 112–90, § 29, Jan. 3, 2012, 125 Stat. 1921, provided that: ‘‘In identifying and evaluating all potential threats to each pipeline segment pursuant to parts 192 and 195 of title 49, Code of Federal Regulations, an op- erator of a pipeline facility shall consider the seis- micity of the area.’’ [Terms used in section 29 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.] STUDY OF REASSESSMENT INTERVALS Pub. L. 107–355, § 14(d), Dec. 17, 2002, 116 Stat. 3005, re- quired the Comptroller General to study the 7-year re- assessment interval required by section 60109(c)(3)(B) of title 49 and to transmit to Congress a report on the study not later than 4 years after Dec. 17, 2002. § 60110. Excess flow valves (a) APPLICATION.—This section applies only to— (1) a natural gas distribution system in- stalled after the effective date of regulations prescribed under this section; and (2) any other natural gas distribution system when repair to the system requires replacing a part to accommodate installing excess flow valves. (b) INSTALLATION REQUIREMENTS AND CONSID- ERATIONS.—Not later than April 24, 1994, the Sec- retary of Transportation shall prescribe stand- ards on the circumstances, if any, under which an operator of a natural gas distribution system must install excess flow valves in the system. The Secretary shall consider— (1) the system design pressure; (2) the system operating pressure; (3) the types of customers to which the dis- tribution system supplies gas, including hos- pitals, schools, and commercial enterprises; (4) the technical feasibility and cost of in- stalling, operating, and maintaining the valve; (5) the public safety benefits of installing the valve;