US Codex
U.S.C.
Notes

§60101. Definitions — Inbound Citations

49 U.S.C. § 60101

Cited by 982 provisions in release 119-102.

Citations to 49 U.S.C. § 60101 as a whole

  • 18 U.S.C. § 1366(c)
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    (c) For purposes of this section, the term “energy facility” means a facility that is involved in the production, storage, transmission, or distribution of electricity, fuel, or another form or source of energy, or research, development, or demonstration facilities relating thereto, regardless of whether such facility is still under construction or is otherwise not functioning, except a facility subject to the jurisdiction, administration, or in the custody of the Nuclear Regulatory Commission or an interstate gas pipeline facility as defined in section 60101 of title 49.
  • 49 U.S.C. § 60125(a)(1)
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    (1) From fees collected under section 60301, there are authorized to be appropriated to the Secretary to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter relating to gas and hazardous liquid—
    (A) $156,400,000 for fiscal year 2021, of which—
    (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
    (ii) $63,000,000 shall be used for making grants;
    (B) $158,500,000 for fiscal year 2022, of which—
    (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
    (ii) $66,000,000 shall be used for making grants; and
    (C) $162,700,000 for fiscal year 2023, of which—
    (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
    (ii) $69,000,000 shall be used for making grants.
  • 49 U.S.C. § 60125(a)(1)(A)(i)
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    (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
  • 49 U.S.C. § 60125(a)(1)(B)(i)
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    (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
  • 49 U.S.C. § 60125(a)(1)(C)(i)
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    (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
  • 49 U.S.C. § 60125(a)(2)
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    (2) In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated from the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986 to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter relating to hazardous liquid—
    (A) $27,000,000 for fiscal year 2021, of which—
    (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
    (ii) $11,000,000 shall be used for making grants;
    (B) $27,650,000 for fiscal year 2022, of which—
    (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
    (ii) $12,000,000 shall be used for making grants; and
    (C) $28,700,000 for fiscal year 2023, of which—
    (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
    (ii) $13,000,000 shall be used for making grants.
  • 49 U.S.C. § 60125(a)(2)(A)(i)
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    (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
  • 49 U.S.C. § 60125(a)(2)(B)(i)
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    (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
  • 49 U.S.C. § 60125(a)(2)(C)(i)
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    (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and

Citations to §60101(a)

Citations to §60101(a)(2)

  • 49 U.S.C. § 60102(b)(1)(B)(i)
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    (i) gas pipeline safety, or safely transporting hazardous liquids, as appropriate; and
  • 49 U.S.C. § 60102(b)(2)(A)(i)
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    (i) gas pipeline safety information;
  • 49 U.S.C. § 60102(e)
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    (e) The Secretary shall prescribe minimum standards requiring an operator of a pipeline facility subject to this chapter to maintain for the Secretary, to the extent practicable, an inventory with appropriate information about the types of pipe used for the transportation of gas or hazardous liquid, as appropriate, in the operator’s system and additional information, including the material’s history and the leak history of the pipe. The inventory—
    (1) for a gas pipeline facility, shall include an identification of each facility passing through an area described in regulations prescribed under section 60109 of this title but shall exclude equipment used with the compression of gas; and
    (2) for a hazardous liquid pipeline facility, shall include an identification of each facility and gathering line passing through an area described in regulations prescribed under section 60109 of this title, whether the facility or gathering line otherwise is subject to this chapter, but shall exclude equipment associated only with the pipeline pumps or storage facilities.
  • 49 U.S.C. § 60102(e)(1)
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    (1) for a gas pipeline facility, shall include an identification of each facility passing through an area described in regulations prescribed under section 60109 of this title but shall exclude equipment used with the compression of gas; and
  • 49 U.S.C. § 60102(f)(1)(A)
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    (A) the design and construction of new natural gas transmission pipeline or hazardous liquid pipeline facilities, and
  • 49 U.S.C. § 60102(f)(1)(B)
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    (B) when the replacement of existing natural gas transmission pipeline or hazardous liquid pipeline facilities or equipment is required, the replacement of such existing facilities be carried out, to the extent practicable, in a manner so as to accommodate the passage through such natural gas transmission pipeline or hazardous liquid pipeline facilities of instrumented internal inspection devices (commonly referred to as “smart pigs”). The Secretary may extend such standards to require existing natural gas transmission pipeline or hazardous liquid pipeline facilities, whose basic construction would accommodate an instrumented internal inspection device to be modified to permit the inspection of such facilities with instrumented internal inspection devices.
  • 49 U.S.C. § 60102(n)(2)(A)
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    (A) The Comptroller General of the United States shall conduct a study on the ability of transmission pipeline facility operators to respond to a hazardous liquid or gas release from a pipeline segment located in a high-consequence area.
  • 49 U.S.C. § 60102(q)(1)
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    (1) Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate final regulations that require operators of regulated gathering lines (as defined pursuant to subsection (b) of section 60101 for purposes of subsection (a)(21) of that section) in a Class 2 location, Class 3 location, or Class 4 location, as determined under section 192.5 of title 49, Code of Federal Regulations, operators of new and existing gas transmission pipeline facilities, and operators of new and existing gas distribution pipeline facilities to conduct leak detection and repair programs—
    (A) to meet the need for gas pipeline safety, as determined by the Secretary; and
    (B) to protect the environment.
  • 49 U.S.C. § 60102(q)(1)(A)
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    (A) to meet the need for gas pipeline safety, as determined by the Secretary; and
  • 49 U.S.C. § 60102(q)(3)(B)(i)
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    (i) for new and existing gas distribution pipeline facilities, technologies and practices to detect pipeline leaks—
    (I) through continuous monitoring on or along the pipeline; or
    (II) through periodic surveys with handheld equipment, equipment mounted on mobile platforms, or other means using commercially available technology;
  • 49 U.S.C. § 60102(q)(3)(B)(ii)
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    (ii) for new and existing gas transmission pipeline facilities, technologies and practices to detect pipeline leaks through—
    (I) equipment that is capable of continuous monitoring; or
    (II) periodic surveys with handheld equipment, equipment mounted on mobile platforms, or other means using commercially available technology; and
  • 49 U.S.C. § 60102(r)(1)
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    (1) establishing communication with first responders and other relevant public officials, as soon as practicable, beginning from the time of confirmed discovery, as determined by the Secretary, by the operator of a gas pipeline emergency involving a release of gas from a distribution system of that operator that results in—
    (A) a fire related to an unintended release of gas;
    (B) an explosion;
    (C) 1 or more fatalities; or
    (D) the unscheduled release of gas and shutdown of gas service to a significant number of customers, as determined by the Secretary;
  • 49 U.S.C. § 60102(r)(1)(A)
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    (A) a fire related to an unintended release of gas;
  • 49 U.S.C. § 60102(r)(1)(D)
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    (D) the unscheduled release of gas and shutdown of gas service to a significant number of customers, as determined by the Secretary;
  • 49 U.S.C. § 60102(r)(2)(A)
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    (A) as soon as practicable, as determined by the Secretary, after a gas pipeline emergency described in paragraph (1); and
  • 49 U.S.C. § 60102(s)(1)
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    (1) responding to overpressurization indications, including specific actions and an order of operations for immediately reducing pressure in or shutting down portions of the gas distribution system, if necessary; and
  • 49 U.S.C. § 60102(s)(2)(B)
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    (B) ensure that relevant qualified personnel, such as an engineer with a professional engineer licensure, subject matter expert, or other employee who possesses the necessary knowledge, experience, and skills regarding natural gas distribution systems, review and certify construction plans for accuracy, completeness, and correctness.
  • 49 U.S.C. § 60102(t)(1)(A)
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    (A) to identify and manage traceable, reliable, and complete records, including maps and other drawings, critical to ensuring proper pressure controls for a gas distribution system, and updating these records as needed, while collecting and identifying other records necessary for risk analysis on an opportunistic basis; and
  • 49 U.S.C. § 60102(t)(2)(A)
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    (A) Not later than 180 days after the date of enactment of this subsection, the Secretary shall promulgate regulations to require that not less than 1 agent of an operator of a distribution system who is qualified to perform relevant covered tasks, as determined by the Secretary, shall monitor gas pressure at the district regulator station or at an alternative site with equipment capable of ensuring proper pressure controls and have the capability to promptly shut down the flow of gas or control over pressurization at a district regulator station during any construction project that has the potential to cause a hazardous overpressurization at that station, including tie-ins and abandonment of distribution lines and mains, based on an evaluation, conducted by the operator, of threats that could result in unsafe operation.
  • 49 U.S.C. § 60102(t)(3)(A)(i)
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    (i) the risk of the gas pressure in the distribution system exceeding, by a common mode of failure, the maximum allowable operating pressure (as described in section 192.623 of title 49, Code of Federal Regulations (or a successor regulation)) allowed under Federal law (including regulations) is minimized;
  • 49 U.S.C. § 60102(t)(3)(A)(ii)
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    (ii) the gas pressure of a low-pressure distribution system is monitored, particularly at or near the location of critical pressure-control equipment;
  • 49 U.S.C. § 60102(t)(3)(A)(iii)
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    (iii) the regulator station has secondary or backup pressure-relieving or overpressure-protection safety technology, such as a relief valve or automatic shutoff valve, or other pressure-limiting devices appropriate for the configuration and siting of the station and, in the case of a regulator station that employs the primary and monitor regulator design, the operator shall eliminate the common mode of failure or provide backup protection capable of either shutting the flow of gas, relieving gas to the atmosphere to fully protect the distribution system from overpressurization events, or there must be technology in place to eliminate a common mode of failure; and
  • 49 U.S.C. § 60104(d)(1)
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    (1) When continuity of gas service is affected by prescribing a standard or waiving compliance with standards under this chapter, the Secretary of Transportation shall consult with and advise the Federal Energy Regulatory Commission or a State authority having jurisdiction over the affected gas pipeline facility before prescribing the standard or waiving compliance. The Secretary shall delay the effective date of the standard or waiver until the Commission or State authority has a reasonable opportunity to grant an authorization it considers necessary.
  • 49 U.S.C. § 60104(d)(2)
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    (2) In a proceeding under section 3 or 7 of the Natural Gas Act (15 U.S.C. 717b or 717f), each applicant for authority to import natural gas or to establish, construct, operate, or extend a gas pipeline facility subject to an applicable safety standard shall certify that it will design, install, inspect, test, construct, operate, replace, and maintain a gas pipeline facility under those standards and plans for inspection and maintenance under section 60108 of this title. The certification is binding on the Secretary of Energy and the Commission except when an appropriate enforcement agency has given timely written notice to the Commission that the applicant has violated a standard prescribed under this chapter.
  • 49 U.S.C. § 60105(a)
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    (a) Except as provided in this section and sections 60114 and 60121 of this title, the Secretary of Transportation may not prescribe or enforce safety standards and practices for an intrastate pipeline facility or intrastate pipeline transportation to the extent that the safety standards and practices are regulated by a State authority (including a municipality if the standards and practices apply to intrastate gas pipeline transportation) that submits to the Secretary annually a certification for the facilities and transportation that complies with subsections (b) and (c) of this section.
  • 49 U.S.C. § 60105(b)(9)(A)
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    (A) the number of miles of natural gas and hazardous liquid pipelines in the State, including the number of miles of cast iron and bare steel pipelines;
  • 49 U.S.C. § 60105(b)(9)(C)
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    (C) the age of the gas distribution system in the State; and
  • 49 U.S.C. § 60106(a)
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    (a) If the Secretary of Transportation does not receive a certification under section 60105 of this title, the Secretary may make an agreement with a State authority (including a municipality if the agreement applies to intrastate gas pipeline transportation) authorizing it to take necessary action. Each agreement shall—
    (1) establish an adequate program for record maintenance, reporting, and inspection designed to assist compliance with applicable safety standards prescribed under this chapter; and
    (2) prescribe procedures for approval of plans of inspection and maintenance substantially the same as required under section 60108 (a) and (b) of this title.
  • 49 U.S.C. § 60108(a)(2)(D)(ii)
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    (ii) eliminating hazardous leaks and minimizing releases of natural gas from pipeline facilities; and
  • 49 U.S.C. § 60108(c)(2)(A)
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    (A) Not later than May 16, 1993, on the basis of experience with the inspections under section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as appropriate, and any other information available to the Secretary, the Secretary shall establish a mandatory, systematic, and, where appropriate, periodic inspection program of—
    (i) all offshore pipeline facilities; and
    (ii) any other pipeline facility crossing under, over, or through waters where a substantial likelihood of commercial navigation exists, if the Secretary decides that the location of the facility in those waters could pose a hazard to navigation or public safety.
  • 49 U.S.C. § 60108(c)(5)(B)
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    (B) Not later than 6 months after the Secretary establishes standards under subparagraph (A) of this paragraph, or October 24, 1995, whichever occurs first, the operator of each offshore pipeline facility not described in section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as appropriate, shall inspect the facility and report to the Secretary on any part of the facility that is exposed or is a hazard to navigation. This subparagraph applies only to a facility that is between the high water mark and the point at which the subsurface is under 15 feet of water, as measured from mean low water. An inspection that occurred after October 3, 1989, may be used for compliance with this subparagraph if the inspection conforms to the requirements of this subparagraph.
  • 49 U.S.C. § 60108(d)(1)
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    (1) The Secretary shall publish a notice on the availability of industry guidelines, developed by the Gas Piping Technology Committee, for replacing cast iron pipelines. Not later than 2 years after the guidelines become available, the Secretary shall conduct a survey of gas pipeline operators with cast iron pipe in their systems to establish—
    (A) the extent to which each operator has adopted a plan for the safe management and replacement of cast iron;
    (B) the elements of the plan, including the anticipated rate of replacement; and
    (C) the progress that has been made.
  • 49 U.S.C. § 60108(d)(3)
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    (3) This subsection does not prevent the Secretary from developing Government guidelines or standards for cast iron gas pipelines as the Secretary considers appropriate.
  • 49 U.S.C. § 60108(d)(4)
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    (4) Not later than December 31, 2012, and every 2 years thereafter, the Secretary shall conduct a follow-up survey to measure the progress that owners and operators of pipeline facilities have made in adopting and implementing their plans for the safe management and replacement of cast iron gas pipelines.
  • 49 U.S.C. § 60108(e)(1)
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    (1) within 30 days, conduct a post-inspection briefing with the owner or operator of the gas or hazardous liquid pipeline facility inspected outlining any concerns; and
  • 49 U.S.C. § 60109(a)(1)(A)
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    (A) by operators of gas pipeline facilities, each gas pipeline facility (except a natural gas distribution line) located in a high-density population area; and
  • 49 U.S.C. § 60109(e)(3)(A)
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    (A) The minimum standards shall include a requirement for an operator of a natural gas distribution system to install 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 continuously 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 operator has had prior experience with contaminants 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 performance standards developed under section 60110(e) of title 49, United States Code, is commercially available to the operator, as determined by the Secretary.
  • 49 U.S.C. § 60109(e)(3)(A)(iii)
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    (iii) the service line is not connected to a gas stream with respect to which the operator has had prior experience with contaminants the presence of which could interfere with the operation of an excess flow valve;
  • 49 U.S.C. § 60109(e)(3)(C)
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    (C) Operators of natural gas distribution systems shall report annually to the Secretary on the number of excess flow valves installed on their systems under subparagraph (A).
  • 49 U.S.C. § 60109(e)(6)
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    (6) Subject to section 60104(c), a State authority having a current certification under section 60105 may adopt or continue in force additional integrity management requirements, including additional requirements for installation of excess flow valves, for gas distribution pipelines within the boundaries of that State.
  • 49 U.S.C. § 60109(e)(7)(A)(ii)
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    (ii) the risks that could lead to or result from the operation of a low-pressure distribution system at a pressure that makes the operation of any connected and properly adjusted low-pressure gas burning equipment unsafe, as determined by the Secretary.
  • 49 U.S.C. § 60109(e)(7)(D)(ii)(II)
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    (II) on significant change to the gas distribution system of the operator, as applicable; and
  • 49 U.S.C. § 60110(a)(1)
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    (1) a natural gas distribution system installed after the effective date of regulations prescribed under this section; and
  • 49 U.S.C. § 60110(a)(2)
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    (2) any other natural gas distribution system when repair to the system requires replacing a part to accommodate installing excess flow valves.
  • 49 U.S.C. § 60110(b)
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    (b) Not later than April 24, 1994, the Secretary of Transportation shall prescribe standards 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 distribution system supplies gas, including hospitals, schools, and commercial enterprises;
    (4) the technical feasibility and cost of installing, operating, and maintaining the valve;
    (5) the public safety benefits of installing the valve;
    (6) the location of customer meters; and
    (7) other factors the Secretary considers relevant.
  • 49 U.S.C. § 60110(b)(3)
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    (3) the types of customers to which the distribution system supplies gas, including hospitals, schools, and commercial enterprises;
  • 49 U.S.C. § 60110(c)(1)
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    (1) Not later than October 24, 1994, the Secretary shall prescribe standards requiring an operator of a natural gas distribution system to notify in writing its customers having lines in which excess flow valves are not required by law but can be installed according to the standards prescribed under subsection (e) of this section, of—
    (A) the availability of excess flow valves for installation in the system;
    (B) safety benefits to be derived from installation; and
    (C) costs associated with installation, maintenance, and replacement.
  • 49 U.S.C. § 60110(e)
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    (e) Not later than April 24, 1994, the Secretary shall develop standards for the performance of excess flow valves used to protect lines in a natural gas distribution system. The Secretary may adopt industry accepted performance standards in order to comply with the requirement under the preceding sentence. The standards shall be incorporated into regulations the Secretary prescribes under this section. All excess flow valves shall be installed according to the standards.
  • 49 U.S.C. § 60113
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    Not later than October 24, 1993, the Secretary of Transportation shall prescribe standards requiring an operator of a natural gas distribution pipeline that does not maintain customer-owned natural gas service lines up to building walls to advise its customers of—
  • 49 U.S.C. § 60114(d)(3)(B)
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    (B) if the damage results in the escape of any flammable, toxic, or corrosive gas or liquid, may not fail to promptly report to other appropriate authorities by calling the 911 emergency telephone number.
  • 49 U.S.C. § 60115(b)(1)
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    (1) The Technical Pipeline Safety Standards Committee is composed of 15 members appointed by the Secretary of Transportation after consulting with public and private agencies concerned with the technical aspect of transporting gas or operating a gas pipeline facility. Each member must be experienced in the safety regulation of transporting gas and of gas pipeline facilities or technically qualified, by training, experience, or knowledge in at least one field of engineering applicable to transporting gas or operating a gas pipeline facility, to evaluate gas pipeline safety standards or risk management principles.
  • 49 U.S.C. § 60115(b)(3)(B)
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    (B) 5 individuals selected from the natural gas or hazardous liquid industry, as appropriate, after consulting with industry representatives.
  • 49 U.S.C. § 60115(b)(4)(B)
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    (B) At least 3 of the individuals selected for each committee under paragraph (3)(B) of this subsection must be currently in the active operation of natural gas pipelines or hazardous liquid pipeline facilities, as appropriate. At least 1 of the individuals selected for each committee under paragraph (3)(B) shall have education, background, or experience in risk assessment and cost-benefit analysis. The Secretary shall consult with the national organizations representing the owners and operators of pipeline facilities before selecting individuals under paragraph (3)(B).
  • 49 U.S.C. § 60115(b)(4)(C)
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    (C) Two of the individuals selected for each committee under paragraph (3)(C) of this subsection must have education, background, or experience in environmental protection or public safety. At least 1 of the individuals selected for each committee under paragraph (3)(C) shall have education, background, or experience in risk assessment and cost-benefit analysis. At least one individual selected for each committee under paragraph (3)(C) may not have a financial interest in the pipeline, petroleum, or natural gas industries.
  • 49 U.S.C. § 60115(b)(4)(D)
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    (D) None of the individuals selected for a committee under paragraph (3)(C) may have a significant financial interest in the pipeline, petroleum, or gas industry.
  • 49 U.S.C. § 60115(c)(1)(A)
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    (A) the Technical Pipeline Safety Standards Committee each standard proposed under this chapter for transporting gas and for gas pipeline facilities including the risk assessment information and other analyses supporting each proposed standard; and
  • 49 U.S.C. § 60115(d)(1)
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    (1) The Technical Pipeline Safety Standards Committee may propose to the Secretary a safety standard for transporting gas and for gas pipeline facilities. The Technical Hazardous Liquid Pipeline Safety Standards Committee may propose to the Secretary a safety standard for transporting hazardous liquid and for hazardous liquid pipeline facilities.
  • 49 U.S.C. § 60116(a)
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    (a) 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 system prior to excavation and other damage prevention activities, the possible hazards associated with unintended releases from the pipeline facility, the physical indications that such a release 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.
  • 49 U.S.C. § 60116(b)
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    (b) 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 liquid pipeline facility shall review its existing public education program for effectiveness and modify the program as necessary. The completed program shall include activities to advise affected municipalities, school districts, businesses, and residents of pipeline facility locations. The completed program shall be submitted to the Secretary or, in the case of an intrastate pipeline facility operator, the appropriate State agency, and shall be periodically reviewed by the Secretary or, in the case of an intrastate pipeline facility operator, the appropriate State agency.
  • 49 U.S.C. § 60117(o)(1)(A)
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    (A) For any project described in subparagraph (B), if the Secretary conducts facility design safety reviews in connection with a proposal to construct, expand, or operate a gas or hazardous liquid pipeline facility or liquefied natural gas pipeline facility, including construction inspections and oversight, the Secretary may require the person proposing the project to pay the costs incurred by the Secretary relating to such reviews. If the Secretary exercises the cost recovery authority described in this paragraph, the Secretary shall prescribe a fee structure and assessment methodology that is based on the costs of providing these reviews and shall prescribe procedures 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.
  • 49 U.S.C. § 60117(p)(1)
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    (1) If the Secretary determines that an unsafe condition or practice, or a combination 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.
  • 49 U.S.C. § 60117(p)(8)
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    (8) In this subsection, the term “imminent hazard” means the existence of a condition relating to a gas or hazardous liquid pipeline facility that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of such death, illness, injury, or endangerment.
  • 49 U.S.C. § 60124(a)
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    (a) Not later than August 15, 1997, and every 2 years thereafter, the Secretary of Transportation shall submit to Congress a report on carrying out this chapter for the 2 immediately preceding calendar years for gas and a report on carrying out this chapter for such period for hazardous liquid. Each report shall include the following information about the prior year for gas or hazardous liquid, as appropriate:
    (1) a thorough compilation of the leak repairs, accidents, and casualties and a statement of cause when investigated and established by the National Transportation Safety Board.
    (2) a list of applicable pipeline safety standards prescribed under this chapter including identification of standards prescribed during the year.
    (3) a summary of the reasons for each waiver granted under section 60118(c) and (d) of this title.
    (4) an evaluation of the degree of compliance with applicable safety standards, including a list of enforcement actions and compromises of alleged violations by location and company name.
    (5) a summary of outstanding problems in carrying out this chapter, in order of priority.
    (6) an analysis and evaluation of—
    (A) research activities, including their policy implications, completed as a result of the United States Government and private sponsorship;
    (B) technological progress in safety achieved; and
    (C) a summary of each research and development project carried out with Federal and non-Federal entities pursuant to section 12 of the Pipeline Safety Improvement Act of 2002 and a review of how the project affects safety.
    (7) a list, with a brief statement of the issues, of completed or pending judicial actions under this chapter.
    (8) the extent to which technical information was distributed to the scientific community and consumer-oriented information was made available to the public.
    (9) a compilation of certifications filed under section 60105 of this title that were—
    (A) in effect; or
    (B) rejected in any part by the Secretary and a summary of the reasons for each rejection.
    (10) a compilation of agreements made under section 60106 of this title that were—
    (A) in effect; or
    (B) ended in any part by the Secretary and a summary of the reasons for ending each agreement.
    (11) a description of the number and qualifications of State pipeline safety inspectors in each State for which a certification under section 60105 of this title or an agreement under section 60106 of this title is in effect and the number and qualifications of inspectors the Secretary recommends for that State.
    (12) recommendations for legislation the Secretary considers necessary—
    (A) to promote cooperation among the States in improving—
    (i) gas pipeline safety; or
    (ii) hazardous liquid pipeline safety programs; and
    (B) to strengthen the national gas pipeline safety program.
  • 49 U.S.C. § 60124(a)(12)(A)(i)
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    (i) gas pipeline safety; or
  • 49 U.S.C. § 60124(a)(12)(B)
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    (B) to strengthen the national gas pipeline safety program.
  • 49 U.S.C. § 60125(a)(1)
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    (1) From fees collected under section 60301, there are authorized to be appropriated to the Secretary to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter relating to gas and hazardous liquid—
    (A) $156,400,000 for fiscal year 2021, of which—
    (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
    (ii) $63,000,000 shall be used for making grants;
    (B) $158,500,000 for fiscal year 2022, of which—
    (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
    (ii) $66,000,000 shall be used for making grants; and
    (C) $162,700,000 for fiscal year 2023, of which—
    (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
    (ii) $69,000,000 shall be used for making grants.
  • 49 U.S.C. § 60125(b)(1)
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    (1) The Secretary may establish a program for making grants to State, county, and local governments in high consequence areas, as defined by the Secretary, for emergency response management, training, and technical assistance. To the extent that such grants are used to train emergency responders, such training shall ensure that emergency responders have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving gas or hazardous liquid pipelines, in accordance with existing regulations.
  • 49 U.S.C. § 60126(d)
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    (d) In carrying out this section, the Secretary may provide for consultation by a State that has in effect a certification under section 60105. To the extent that a demonstration project comprises an intrastate natural gas pipeline or an intrastate hazardous liquid pipeline facility, the Secretary may make an agreement with the State agency to carry out the duties of the Secretary for approval and administration of the project.
  • 49 U.S.C. § 60134(a)
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    (a) The Secretary may make a grant to a State authority (including a municipality with respect to intrastate gas pipeline transportation) to assist in improving the overall quality and effectiveness of a damage prevention program of the State authority under subsection (e) if the State authority—
    (1) has in effect an annual certification under section 60105 or an agreement under section 60106;
    (A) has in effect an effective damage prevention program that meets the requirements of subsection (b); or
    (B) demonstrates that it has made substantial progress toward establishing such a program, and that such program will meet the requirements of subsection (b); and
    (3) does not provide any exemptions to municipalities, State agencies, or their contractors from the one-call notification system requirements of the program.
  • 49 U.S.C. § 60135(a)(1)
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    (1) provide a monthly updated summary to the public of all gas and hazardous liquid pipeline enforcement actions taken by the Secretary or the Pipeline and Hazardous Materials Safety Administration, from the time a notice commencing an enforcement action is issued until the enforcement action is final;
  • 49 U.S.C. § 60136(e)
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    (e) In this section, the term “petroleum product” means oil of any kind or in any form, gasoline, diesel fuel, aviation fuel, fuel oil, kerosene, any product obtained from refining or processing of crude oil, liquefied petroleum gases, natural gas liquids, petrochemical feedstocks, condensate, waste or refuse mixtures containing any of such oil products, and any other liquid hydrocarbon compounds.
  • 49 U.S.C. § 60137(a)
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    (a) Not later than June 1, 2008, the Secretary shall issue regulations requiring each operator of a gas or hazardous liquid pipeline to develop, implement, and submit to the Secretary or, in the case of an operator of an intrastate pipeline located within the boundaries of a State that has in effect an annual certification under section 60105, to the head of the appropriate State authority, a human factors management plan designed to reduce risks associated with human factors, including fatigue, in each control center for the pipeline. Each plan must include, among the measures to reduce such risks, a maximum limit on the hours of service established by the operator for individuals employed as controllers in a control center for the pipeline.
  • 49 U.S.C. § 60137(d)
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    (d) Each operator of a gas or hazardous liquid pipeline shall document compliance with the plan submitted by the operator under subsection (a) and the reasons for any deviation from compliance with such plan. The Secretary or the head of the appropriate State authority, as the case may be, shall review the reasonableness of any such deviation in considering whether to take enforcement action or discontinue approval of the operator’s plan under subsection (b).
  • 49 U.S.C. § 60137(e)
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    (e) In issuing regulations under subsection (a), the Secretary shall develop and include in such regulations requirements for an operator of a gas or hazardous liquid pipeline to report deviations from compliance with the plan submitted by the operator under subsection (a).
  • 49 U.S.C. § 60139(a)(1)
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    (1) The Secretary of Transportation shall require each owner or operator of a pipeline facility to conduct, not later than 6 months after the date of enactment of this section, a verification of the records of the owner or operator relating to the interstate and intrastate gas transmission pipelines of the owner or operator in class 3 and class 4 locations and class 1 and class 2 high-consequence areas.
  • 49 U.S.C. § 60139(b)(2)
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    (2) If there is an exceedance of the maximum allowable operating pressure with respect to a gas transmission pipeline of an owner or operator of a pipeline facility that exceeds the build-up allowed for operation of pressure-limiting or control devices, the owner or operator shall report the exceedance to the Secretary and appropriate State authorities on or before the 5th day following the date on which the exceedance occurs.
  • 49 U.S.C. § 60139(d)(1)
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    (1) Not later than 18 months after the date of enactment of this section, the Secretary shall issue regulations for conducting tests to confirm the material strength of previously untested natural gas transmission pipelines located in high-consequence areas and operating at a pressure greater than 30 percent of specified minimum yield strength.
  • 49 U.S.C. § 60141(b)(2)
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    (2) consider the economic impacts of the regulations on individual gas customers;
  • 49 U.S.C. § 60141(b)(4)
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    (4) consider the recommendations of the Aliso Canyon natural gas leak task force established under section 31 of the PIPES Act of 2016.
  • 49 U.S.C. § 60141(f)
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    (f) Nothing in this section shall be construed to affect the Secretary’s authority under this title to regulate the underground storage of gas that is not natural gas.
  • 49 U.S.C. § 60142(b)(1)(B)
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    (B) 5 percent of the total miles of natural gas pipelines in the United States that are regulated by—
    (i) the Pipeline and Hazardous Materials Safety Administration; or
    (ii) a State authority under section 60105 or 60106.
  • 49 U.S.C. § 60142(k)(2)(A)
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    (A) would enhance the safe operation of interstate gas or hazardous liquid pipeline facilities; and
  • 49 U.S.C. § 60142(l)(1)
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    (1) allow operators of interstate gas or hazardous liquid pipeline facilities to use the relevant technology or practice to the extent practicable; and
  • 49 U.S.C. § 60143(a)(2)
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    (2) has been isolated from all sources of hazardous liquid, natural gas, or other gas; and
  • 49 U.S.C. § 60143(a)(3)(A)
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    (A) has been purged of combustibles and hazardous materials and maintains a blanket of inert, nonflammable gas at low pressure; or
  • 49 U.S.C. § 60143(a)(3)(B)
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    (B) has not been purged as described in subparagraph (A), but the volume of gas is so small that there is no potential hazard, as determined by the Secretary pursuant to a rule.
  • 49 U.S.C. § 60143(b)(1)
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    (1) Not later than 2 years after the date of enactment of the PIPES Act of 2020, the Secretary shall promulgate regulations prescribing the applicability of the pipeline safety requirements to idled natural or other gas transmission and hazardous liquid pipelines.
  • 49 U.S.C. § 60143(b)(2)(A)
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    (A) The applicability of the regulations under paragraph (1) shall be based on the risk that idled natural or other gas transmission and hazardous liquid pipelines pose to the public, property, and the environment, and shall include requirements to resume operation.
  • 49 U.S.C. § 60143(b)(2)(C)
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    (C) The Secretary shall determine the requirements for periodic reinspection of idled natural or other gas transmission and hazardous liquid pipelines.
  • 49 U.S.C. § 60301(a)
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    (a) The Secretary of Transportation shall prescribe a schedule of fees for all natural gas and hazardous liquids transported by pipelines subject to chapter 601 of this title. The fees shall be based on usage (in reasonable relationship to volume-miles, miles, revenues, or a combination of volume-miles, miles, and revenues) of the pipelines. The Secretary shall consider the allocation of resources of the Department of Transportation when establishing the schedule.
  • 49 U.S.C. § 60301(b)
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    (b) A fee shall be imposed on each person operating a gas pipeline transmission facility, a liquefied natural 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.
  • 49 U.S.C. § 60301(d)(1)(A)
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    (A) related to a gas pipeline facility may be used only for an activity related to gas under chapter 601 of this title; and

Citations to §60101(a)(3)

Citations to §60101(a)(4)

Citations to §60101(a)(5)

Citations to §60101(a)(6)

Citations to §60101(a)(7)

Citations to §60101(a)(9)

Citations to §60101(a)(10)

Citations to §60101(a)(11)

Citations to §60101(a)(12)

Citations to §60101(a)(15)

Citations to §60101(a)(16)

Citations to §60101(a)(18)

Citations to §60101(a)(19)

Citations to §60101(a)(20)

Citations to §60101(a)(23)

Citations to §60101(a)(24)

Citations to §60101(a)(25)

  • 49 U.S.C. § 60102(a)(1)
    Go to provision →
    (1) The purpose of this chapter is to provide adequate protection against risks to life and property posed by pipeline transportation and pipeline facilities by improving the regulatory and enforcement authority of the Secretary of Transportation.
  • 49 U.S.C. § 60102(a)(2)
    Go to provision →
    (2) The Secretary shall prescribe minimum safety standards for pipeline transportation and for pipeline facilities. The standards—
    (A) apply to any or all of the owners or operators of pipeline facilities;
    (B) may apply to the design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities; and
    (C) shall include a requirement that all individuals who operate and maintain pipeline facilities shall be qualified to operate and maintain the pipeline facilities.
  • 49 U.S.C. § 60102(b)(2)
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    (2) When prescribing any standard under this section or section 60101(b), 60103, 60108, 60109, 60110, or 60113, the Secretary shall consider—
    (A) relevant available—
    (i) gas pipeline safety information;
    (ii) hazardous liquid pipeline safety information; and
    (iii) environmental information;
    (B) the appropriateness of the standard for the particular type of pipeline transportation or facility;
    (C) the reasonableness of the standard;
    (D) based on a risk assessment, the reasonably identifiable or estimated benefits expected to result from implementation or compliance with the standard;
    (E) based on a risk assessment, the reasonably identifiable or estimated costs expected to result from implementation or compliance with the standard;
    (F) comments and information received from the public; and
    (G) the comments and recommendations of the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as appropriate.
  • 49 U.S.C. § 60102(b)(3)
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    (3) In conducting a risk assessment referred to in subparagraphs (D) and (E) of paragraph (2), the Secretary shall—
    (A) identify the regulatory and nonregulatory options that the Secretary considered in prescribing a proposed standard;
    (B) identify the costs and benefits associated with the proposed standard;
    (C) include—
    (i) an explanation of the reasons for the selection of the proposed standard in lieu of the other options identified; and
    (ii) with respect to each of those other options, a brief explanation of the reasons that the Secretary did not select the option; and
    (D) identify technical data or other information upon which the risk assessment information and proposed standard is based.
  • 49 U.S.C. § 60102(b)(3)(A)
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    (A) identify the regulatory and nonregulatory options that the Secretary considered in prescribing a proposed standard;
  • 49 U.S.C. § 60102(b)(3)(C)(ii)
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    (ii) with respect to each of those other options, a brief explanation of the reasons that the Secretary did not select the option; and
  • 49 U.S.C. § 60102(b)(4)(A)
    Go to provision →
    (A) The Secretary shall—
    (i) submit any risk assessment information prepared under paragraph (3) of this subsection to the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as appropriate; and
    (ii) make that risk assessment information available to the general public.
  • 49 U.S.C. § 60102(b)(4)(B)
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    (B) The committees referred to in subparagraph (A) shall serve as peer review panels to review risk assessment information prepared under this section. Not later than 90 days after receiving risk assessment information for review pursuant to subparagraph (A), each committee that receives that risk assessment information shall prepare and submit to the Secretary a report that includes—
    (i) an evaluation of the merit of the data and methods used; and
    (ii) any recommended options relating to that risk assessment information and the associated standard that the committee determines to be appropriate.
  • 49 U.S.C. § 60102(b)(4)(C)
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    (C) Not later than 90 days after receiving a report submitted by a committee under subparagraph (B), the Secretary—
    (i) shall review the report;
    (ii) shall provide a written response to the committee that is the author of the report concerning all significant peer review comments and recommended alternatives contained in the report; and
    (iii) may revise the risk assessment and the proposed standard before promulgating the final standard.
  • 49 U.S.C. § 60102(b)(5)
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    (5) Except where otherwise required by statute, the Secretary shall propose or issue a standard under this chapter only upon a reasoned determination that the benefits, including safety and environmental benefits, of the intended standard justify its costs.
  • 49 U.S.C. § 60102(b)(6)(B)
    Go to provision →
    (B) based on a recommendation (in which three-fourths of the members voting concur) by the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as applicable, the Secretary waives the requirements; or
  • 49 U.S.C. § 60102(b)(6)(C)
    Go to provision →
    (C) the Secretary finds, pursuant to section 553(b)(3)(B) of title 5, United States Code, that notice and public procedure are not required.
  • 49 U.S.C. § 60102(b)(7)
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    (7) Not later than March 31, 2000, the Secretary shall transmit to the Congress a report that—
    (A) describes the implementation of the risk assessment requirements of this section, including the extent to which those requirements have affected regulatory decisionmaking and pipeline safety; and
    (B) includes any recommendations that the Secretary determines would make the risk assessment process conducted pursuant to the requirements under this chapter a more effective means of assessing the benefits and costs associated with alternative regulatory and nonregulatory options in prescribing standards under the Federal pipeline safety regulatory program under this chapter.
  • 49 U.S.C. § 60102(b)(7)(B)
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    (B) includes any recommendations that the Secretary determines would make the risk assessment process conducted pursuant to the requirements under this chapter a more effective means of assessing the benefits and costs associated with alternative regulatory and nonregulatory options in prescribing standards under the Federal pipeline safety regulatory program under this chapter.
  • 49 U.S.C. § 60102(c)(1)
    Go to provision →
    (1) The Secretary shall include in the standards prescribed under subsection (a) of this section a requirement that an operator of a gas pipeline facility participate in a public safety program that—
    (A) notifies an operator of proposed demolition, excavation, tunneling, or construction near or affecting the facility;
    (B) requires an operator to identify a pipeline facility that may be affected by the proposed demolition, excavation, tunneling, or construction, to prevent damaging the facility; and
    (C) the Secretary decides will protect a facility adequately against a hazard caused by demolition, excavation, tunneling, or construction.
  • 49 U.S.C. § 60102(c)(1)(C)
    Go to provision →
    (C) the Secretary decides will protect a facility adequately against a hazard caused by demolition, excavation, tunneling, or construction.
  • 49 U.S.C. § 60102(c)(2)
    Go to provision →
    (2) To the extent a public safety program referred to in paragraph (1) of this subsection is not available, the Secretary shall prescribe standards requiring an operator to take action the Secretary prescribes to provide services comparable to services that would be available under a public safety program.
  • 49 U.S.C. § 60102(c)(3)
    Go to provision →
    (3) The Secretary may include in the standards prescribed under subsection (a) of this section a requirement that an operator of a hazardous liquid pipeline facility participate in a public safety program meeting the requirements of paragraph (1) of this subsection or maintain and carry out a damage prevention program that provides services comparable to services that would be available under a public safety program.
  • 49 U.S.C. § 60102(c)(4)(B)(i)
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    (i) Not later than June 1, 1998, the Secretary shall survey and assess the public education programs under section 60116 and the public safety programs under section 60102(c) and determine their effectiveness and applicability as components of a model program. In particular, the survey shall include the methods by which operators notify residents of the location of the facility and its right of way, public information regarding existing One-Call programs, and appropriate procedures to be followed by residents of affected municipalities in the event of accidents involving interstate gas pipeline facilities.
  • 49 U.S.C. § 60102(c)(4)(B)(ii)
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    (ii) Not later than one year after the survey and assessment are completed, the Secretary shall institute a rulemaking to determine the most effective public safety and education program components and promulgate if appropriate, standards implementing those components on a nationwide basis. In the event that the Secretary finds that promulgation of such standards are not appropriate, the Secretary shall report to Congress the reasons for that finding.
  • 49 U.S.C. § 60102(d)
    Go to provision →
    (d) The Secretary shall prescribe minimum standards requiring an operator of a pipeline facility subject to this chapter to maintain, to the extent practicable, information related to operating the facility as required by the standards prescribed under this chapter and, when requested, to make the information available to the Secretary and an appropriate State official as determined by the Secretary. The information shall include—
    (1) the business name, address, and telephone number, including an operations emergency telephone number, of the operator;
    (2) accurate maps and a supplementary geographic description, including an identification of areas described in regulations prescribed under section 60109 of this title, that show the location in the State of—
    (A) major gas pipeline facilities of the operator, including transmission lines and significant distribution lines; and
    (B) major hazardous liquid pipeline facilities of the operator;
    (3) a description of—
    (A) the characteristics of the operator’s pipelines in the State; and
    (B) products transported through the operator’s pipelines in the State;
    (4) the manual that governs operating and maintaining pipeline facilities in the State;
    (5) an emergency response plan describing the operator’s procedures for responding to and containing releases, including—
    (A) identifying specific action the operator will take on discovering a release;
    (B) liaison procedures with State and local authorities for emergency response; and
    (C) communication and alert procedures for immediately notifying State and local officials at the time of a release; and
    (6) other information the Secretary considers useful to inform a State of the presence of pipeline facilities and operations in the State.
  • 49 U.S.C. § 60102(d)(6)
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    (6) other information the Secretary considers useful to inform a State of the presence of pipeline facilities and operations in the State.
  • 49 U.S.C. § 60102(e)
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    (e) The Secretary shall prescribe minimum standards requiring an operator of a pipeline facility subject to this chapter to maintain for the Secretary, to the extent practicable, an inventory with appropriate information about the types of pipe used for the transportation of gas or hazardous liquid, as appropriate, in the operator’s system and additional information, including the material’s history and the leak history of the pipe. The inventory—
    (1) for a gas pipeline facility, shall include an identification of each facility passing through an area described in regulations prescribed under section 60109 of this title but shall exclude equipment used with the compression of gas; and
    (2) for a hazardous liquid pipeline facility, shall include an identification of each facility and gathering line passing through an area described in regulations prescribed under section 60109 of this title, whether the facility or gathering line otherwise is subject to this chapter, but shall exclude equipment associated only with the pipeline pumps or storage facilities.
  • 49 U.S.C. § 60102(f)(1)
    Go to provision →
    (1) The Secretary shall prescribe minimum safety standards requiring that—
    (A) the design and construction of new natural gas transmission pipeline or hazardous liquid pipeline facilities, and
    (B) when the replacement of existing natural gas transmission pipeline or hazardous liquid pipeline facilities or equipment is required, the replacement of such existing facilities be carried out, to the extent practicable, in a manner so as to accommodate the passage through such natural gas transmission pipeline or hazardous liquid pipeline facilities of instrumented internal inspection devices (commonly referred to as “smart pigs”). The Secretary may extend such standards to require existing natural gas transmission pipeline or hazardous liquid pipeline facilities, whose basic construction would accommodate an instrumented internal inspection device to be modified to permit the inspection of such facilities with instrumented internal inspection devices.
  • 49 U.S.C. § 60102(f)(1)(B)
    Go to provision →
    (B) when the replacement of existing natural gas transmission pipeline or hazardous liquid pipeline facilities or equipment is required, the replacement of such existing facilities be carried out, to the extent practicable, in a manner so as to accommodate the passage through such natural gas transmission pipeline or hazardous liquid pipeline facilities of instrumented internal inspection devices (commonly referred to as “smart pigs”). The Secretary may extend such standards to require existing natural gas transmission pipeline or hazardous liquid pipeline facilities, whose basic construction would accommodate an instrumented internal inspection device to be modified to permit the inspection of such facilities with instrumented internal inspection devices.
  • 49 U.S.C. § 60102(f)(2)
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    (2) Not later than October 24, 1995, the Secretary shall prescribe, if necessary, additional standards requiring the periodic inspection of each pipeline the operator of the pipeline identifies under section 60109 of this title. The standards shall include any circumstances under which an inspection shall be conducted with an instrumented internal inspection device and, if the device is not required, use of an inspection method that is at least as effective as using the device in providing for the safety of the pipeline.
  • 49 U.S.C. § 60102(g)
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    (g) A standard prescribed under this section and section 60110 of this title is effective on the 30th day after the Secretary prescribes the standard. However, the Secretary for good cause may prescribe a different effective date when required because of the time reasonably necessary to comply with the standard. The different date must be specified in the regulation prescribing the standard.
  • 49 U.S.C. § 60102(h)(1)
    Go to provision →
    (1) The Secretary shall prescribe regulations requiring each operator of a pipeline facility (except a master meter) to submit to the Secretary a written report on any—
    (A) condition that is a hazard to life, property, or the environment; and
    (B) safety-related condition that causes or has caused a significant change or restriction in the operation of a pipeline facility.
  • 49 U.S.C. § 60102(h)(2)(A)
    Go to provision →
    (A) the Secretary;
  • 49 U.S.C. § 60102(i)(1)
    Go to provision →
    (1) The Secretary shall regulate carbon dioxide transported by a hazardous liquid pipeline facility. The Secretary shall prescribe standards related to hazardous liquid to ensure the safe transportation of carbon dioxide by such a facility.
  • 49 U.S.C. § 60102(i)(2)(A)
    Go to provision →
    (A) The Secretary shall prescribe minimum safety standards for the transportation of carbon dioxide by pipeline in a gaseous state.
  • 49 U.S.C. § 60102(i)(2)(B)
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    (B) In establishing the standards, the Secretary shall consider whether applying the minimum safety standards in part 195 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this paragraph, for the transportation of carbon dioxide in a liquid state to the transportation of carbon dioxide in a gaseous state would ensure safety.
  • 49 U.S.C. § 60102(i)(3)
    Go to provision →
    (3) Nothing in this subsection authorizes the Secretary to regulate piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of carbon dioxide or the preparation of carbon dioxide for transportation by pipeline at production, refining, or manufacturing facilities.
  • 49 U.S.C. § 60102(j)(1)
    Go to provision →
    (1) Not later than October 24, 1994, the Secretary shall survey and assess the effectiveness of emergency flow restricting devices (including remotely controlled valves and check valves) and other procedures, systems, and equipment used to detect and locate hazardous liquid pipeline ruptures and minimize product releases from hazardous liquid pipeline facilities.
  • 49 U.S.C. § 60102(j)(2)
    Go to provision →
    (2) Not later than 2 years after the survey and assessment are completed, the Secretary shall prescribe standards on the circumstances under which an operator of a hazardous liquid pipeline facility must use an emergency flow restricting device or other procedure, system, or equipment described in paragraph (1) of this subsection on the facility.
  • 49 U.S.C. § 60102(k)(1)
    Go to provision →
    (1) Not later than December 31, 2007, the Secretary shall issue regulations subjecting low-stress hazardous liquid pipelines to the same standards and regulations as other hazardous liquid pipelines, except as provided in paragraph (3). The implementation of the applicable standards and regulatory requirements may be phased in. The regulations issued under this paragraph shall not apply to gathering lines.
  • 49 U.S.C. § 60102(k)(2)
    Go to provision →
    (2) Except as provided in paragraph (3), the Secretary may not provide an exception to the requirements of this chapter for a hazardous liquid pipeline because the pipeline operates at low internal stress.
  • 49 U.S.C. § 60102(k)(3)
    Go to provision →
    (3) The Secretary shall provide or continue in force exceptions to this subsection for low-stress hazardous liquid pipelines that—
    (A) are subject to safety regulations of the United States Coast Guard; or
    (B) serve refining, manufacturing, or truck, rail, or vessel terminal facilities if the pipeline is less than 1 mile long (measured outside the facility grounds) and does not cross an offshore area or a waterway currently used for commercial navigation,
    until regulations issued under paragraph (1) become effective. After such regulations become effective, the Secretary may retain or remove those exceptions as appropriate.
  • 49 U.S.C. § 60102(k)(6)
    Go to provision →
    (6) The requirements of this subsection shall not take effect as to low-stress hazardous liquid pipeline operators before the effective date of the rules promulgated by the Secretary under this subsection.
  • 49 U.S.C. § 60102(l)
    Go to provision →
    (l) The Secretary shall, to the extent appropriate and practicable, update incorporated industry standards that have been adopted as part of the Federal pipeline safety regulatory program under this chapter.
  • 49 U.S.C. § 60102(m)
    Go to provision →
    (m) Not later than 1 year after the date of the enactment of this subsection, the Secretary shall issue regulations prescribing standards for inspection of a pipeline facility by direct assessment.
  • 49 U.S.C. § 60102(n)(1)
    Go to provision →
    (1) Not later than 2 years after the date of enactment of this subsection, and after considering the factors specified in subsection (b)(2), the Secretary, if appropriate, shall require by regulation the use of automatic or remote-controlled shut-off valves, or equivalent technology, where economically, technically, and operationally feasible on transmission pipeline facilities constructed or entirely replaced after the date on which the Secretary issues the final rule containing such requirement.
  • 49 U.S.C. § 60102(o)(1)
    Go to provision →
    (1) The Secretary may collect geospatial or technical data on transportation-related oil flow lines, including unregulated transportation-related oil flow lines.
  • 49 U.S.C. § 60102(o)(3)
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    (3) Nothing in this subsection authorizes the Secretary to prescribe standards for the movement of oil through production, refining, or manufacturing facilities or through oil production flow lines located on the grounds of wells.
  • 49 U.S.C. § 60102(p)
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    (p) Beginning 3 years after the date of enactment of this subsection, the Secretary may not issue a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge.
  • 49 U.S.C. § 60102(q)(1)
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    (1) Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate final regulations that require operators of regulated gathering lines (as defined pursuant to subsection (b) of section 60101 for purposes of subsection (a)(21) of that section) in a Class 2 location, Class 3 location, or Class 4 location, as determined under section 192.5 of title 49, Code of Federal Regulations, operators of new and existing gas transmission pipeline facilities, and operators of new and existing gas distribution pipeline facilities to conduct leak detection and repair programs—
    (A) to meet the need for gas pipeline safety, as determined by the Secretary; and
    (B) to protect the environment.
  • 49 U.S.C. § 60102(q)(1)(A)
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    (A) to meet the need for gas pipeline safety, as determined by the Secretary; and
  • 49 U.S.C. § 60102(q)(4)(A)
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    (A) In promulgating regulations under this subsection, the Secretary—
    (i) may not reduce the frequency of surveys required under any other provision of this chapter or stipulated by regulation as of the date of enactment of this subsection; and
    (ii) may not extend the duration of any timelines for the repair or remediation of leaks that are stipulated by regulation as of the date of enactment of this subsection.
  • 49 U.S.C. § 60102(q)(4)(B)
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    (B) The limitations in this paragraph do not restrict the Secretary’s ability to modify any regulations through proceedings separate from or subsequent to the final regulations required under paragraph (1).
  • 49 U.S.C. § 60102(q)(4)(C)
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    (C) Nothing in this subsection may be construed to alter the authority of the Secretary to regulate gathering lines as defined pursuant to section 60101.
  • 49 U.S.C. § 60102(r)
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    (r) Not later than 2 years after the date of enactment of this subsection, the Secretary shall update regulations to ensure that each emergency response plan developed by an operator of a distribution system under subsection (d)(5), includes written procedures for—
    (1) establishing communication with first responders and other relevant public officials, as soon as practicable, beginning from the time of confirmed discovery, as determined by the Secretary, by the operator of a gas pipeline emergency involving a release of gas from a distribution system of that operator that results in—
    (A) a fire related to an unintended release of gas;
    (B) an explosion;
    (C) 1 or more fatalities; or
    (D) the unscheduled release of gas and shutdown of gas service to a significant number of customers, as determined by the Secretary;
    (2) establishing general public communication through an appropriate channel—
    (A) as soon as practicable, as determined by the Secretary, after a gas pipeline emergency described in paragraph (1); and
    (B) that provides information regarding—
    (i) the emergency described in subparagraph (A); and
    (ii) the status of public safety; and
    (3) the development and implementation of a voluntary, opt-in system that would allow operators of distribution systems to rapidly communicate with customers in the event of an emergency.
  • 49 U.S.C. § 60102(r)(1)
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    (1) establishing communication with first responders and other relevant public officials, as soon as practicable, beginning from the time of confirmed discovery, as determined by the Secretary, by the operator of a gas pipeline emergency involving a release of gas from a distribution system of that operator that results in—
    (A) a fire related to an unintended release of gas;
    (B) an explosion;
    (C) 1 or more fatalities; or
    (D) the unscheduled release of gas and shutdown of gas service to a significant number of customers, as determined by the Secretary;
  • 49 U.S.C. § 60102(r)(1)(D)
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    (D) the unscheduled release of gas and shutdown of gas service to a significant number of customers, as determined by the Secretary;
  • 49 U.S.C. § 60102(r)(2)(A)
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    (A) as soon as practicable, as determined by the Secretary, after a gas pipeline emergency described in paragraph (1); and
  • 49 U.S.C. § 60102(s)
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    (s) Not later than 2 years after the date of enactment of this subsection, the Secretary shall update regulations to ensure that each procedural manual for operations, maintenance, and emergencies developed by an operator of a distribution pipeline under subsection (d)(4), includes written procedures for—
    (1) responding to overpressurization indications, including specific actions and an order of operations for immediately reducing pressure in or shutting down portions of the gas distribution system, if necessary; and
    (2) a detailed procedure for the management of the change process, which shall—
    (A) be applied to significant technology, equipment, procedural, and organizational changes to the distribution system; and
    (B) ensure that relevant qualified personnel, such as an engineer with a professional engineer licensure, subject matter expert, or other employee who possesses the necessary knowledge, experience, and skills regarding natural gas distribution systems, review and certify construction plans for accuracy, completeness, and correctness.
  • 49 U.S.C. § 60102(t)(1)
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    (1) Not later than 2 years after the date of enactment of this subsection, the Secretary shall promulgate regulations to require an operator of a distribution system—
    (A) to identify and manage traceable, reliable, and complete records, including maps and other drawings, critical to ensuring proper pressure controls for a gas distribution system, and updating these records as needed, while collecting and identifying other records necessary for risk analysis on an opportunistic basis; and
    (B) to ensure that the records required under subparagraph (A) are—
    (i) accessible to all personnel responsible for performing or overseeing relevant construction or engineering work; and
    (ii) submitted to, or made available for inspection by, the Secretary or the relevant State authority with a certification in effect under section 60105.
  • 49 U.S.C. § 60102(t)(1)(B)(ii)
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    (ii) submitted to, or made available for inspection by, the Secretary or the relevant State authority with a certification in effect under section 60105.
  • 49 U.S.C. § 60102(t)(2)(A)
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    (A) Not later than 180 days after the date of enactment of this subsection, the Secretary shall promulgate regulations to require that not less than 1 agent of an operator of a distribution system who is qualified to perform relevant covered tasks, as determined by the Secretary, shall monitor gas pressure at the district regulator station or at an alternative site with equipment capable of ensuring proper pressure controls and have the capability to promptly shut down the flow of gas or control over pressurization at a district regulator station during any construction project that has the potential to cause a hazardous overpressurization at that station, including tie-ins and abandonment of distribution lines and mains, based on an evaluation, conducted by the operator, of threats that could result in unsafe operation.
  • 49 U.S.C. § 60102(t)(2)(B)
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    (B) In promulgating regulations under subparagraph (A), the Secretary shall ensure that those regulations do not apply to a district regulating station that has a monitoring system and the capability for remote or automatic shutoff.
  • 49 U.S.C. § 60102(t)(3)(A)
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    (A) Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate regulations to require that each operator of a distribution system assesses and upgrades, as appropriate, each district regulator station of the operator to ensure that—
    (i) the risk of the gas pressure in the distribution system exceeding, by a common mode of failure, the maximum allowable operating pressure (as described in section 192.623 of title 49, Code of Federal Regulations (or a successor regulation)) allowed under Federal law (including regulations) is minimized;
    (ii) the gas pressure of a low-pressure distribution system is monitored, particularly at or near the location of critical pressure-control equipment;
    (iii) the regulator station has secondary or backup pressure-relieving or overpressure-protection safety technology, such as a relief valve or automatic shutoff valve, or other pressure-limiting devices appropriate for the configuration and siting of the station and, in the case of a regulator station that employs the primary and monitor regulator design, the operator shall eliminate the common mode of failure or provide backup protection capable of either shutting the flow of gas, relieving gas to the atmosphere to fully protect the distribution system from overpressurization events, or there must be technology in place to eliminate a common mode of failure; and
    (iv) if the Secretary determines that it is not operationally possible for an operator to implement the requirements under clause (iii), the Secretary shall require such operator to identify actions in their plan that minimize the risk of an overpressurization event.
  • 49 U.S.C. § 60102(t)(3)(A)(iv)
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    (iv) if the Secretary determines that it is not operationally possible for an operator to implement the requirements under clause (iii), the Secretary shall require such operator to identify actions in their plan that minimize the risk of an overpressurization event.
  • 49 U.S.C. § 60103(a)
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    (a) The Secretary of Transportation shall prescribe minimum safety standards for deciding on the location of a new liquefied natural gas pipeline facility. In prescribing a standard, the Secretary shall consider the—
    (1) kind and use of the facility;
    (2) existing and projected population and demographic characteristics of the location;
    (3) existing and proposed land use near the location;
    (4) natural physical aspects of the location;
    (5) medical, law enforcement, and fire prevention capabilities near the location that can cope with a risk caused by the facility;
    (6) need to encourage remote siting; and
    (7) national security.
  • 49 U.S.C. § 60103(b)
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    (b) The Secretary of Transportation shall prescribe minimum safety standards for designing, installing, constructing, initially inspecting, and initially testing a new liquefied natural gas pipeline facility. When prescribing a standard, the Secretary shall consider—
    (1) the characteristics of material to be used in constructing the facility and of alternative material;
    (2) design factors;
    (3) the characteristics of the liquefied natural gas to be stored or converted at, or transported by, the facility; and
    (4) the public safety factors of the design and of alternative designs, particularly the ability to prevent and contain a liquefied natural gas spill.
  • 49 U.S.C. § 60103(d)
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    (d) The Secretary of Transportation shall prescribe minimum operating and maintenance standards for a liquefied natural gas pipeline facility. In prescribing a standard, the Secretary shall consider—
    (1) the conditions, features, and type of equipment and structures that make up or are used in connection with the facility;
    (2) the fire prevention and containment equipment at the facility;
    (3) security measures to prevent an intentional act that could cause a liquefied natural gas accident;
    (4) maintenance procedures and equipment;
    (5) the training of personnel in matters specified by this subsection; and
    (6) other factors and conditions related to the safe handling of liquefied natural gas.
  • 49 U.S.C. § 60103(e)
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    (e) A standard prescribed under this section is effective on the 30th day after the Secretary of Transportation prescribes the standard. However, the Secretary for good cause may prescribe a different effective date when required because of the time reasonably necessary to comply with the standard. The different date must be specified in the regulation prescribing the standard.
  • 49 U.S.C. § 60103(f)
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    (f) A new liquefied natural gas pipeline facility may be operated only after the operator submits an adequate contingency plan that states the action to be taken if a liquefied natural gas accident occurs. The Secretary of Energy or appropriate State or local authority shall decide if the plan is adequate.
  • 49 U.S.C. § 60104(a)
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    (a) The Secretary of Transportation shall give an interested person an opportunity to make oral and written presentations of information, views, and arguments when prescribing a standard under this chapter.
  • 49 U.S.C. § 60104(d)(1)
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    (1) When continuity of gas service is affected by prescribing a standard or waiving compliance with standards under this chapter, the Secretary of Transportation shall consult with and advise the Federal Energy Regulatory Commission or a State authority having jurisdiction over the affected gas pipeline facility before prescribing the standard or waiving compliance. The Secretary shall delay the effective date of the standard or waiver until the Commission or State authority has a reasonable opportunity to grant an authorization it considers necessary.
  • 49 U.S.C. § 60104(d)(2)
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    (2) In a proceeding under section 3 or 7 of the Natural Gas Act (15 U.S.C. 717b or 717f), each applicant for authority to import natural gas or to establish, construct, operate, or extend a gas pipeline facility subject to an applicable safety standard shall certify that it will design, install, inspect, test, construct, operate, replace, and maintain a gas pipeline facility under those standards and plans for inspection and maintenance under section 60108 of this title. The certification is binding on the Secretary of Energy and the Commission except when an appropriate enforcement agency has given timely written notice to the Commission that the applicant has violated a standard prescribed under this chapter.
  • 49 U.S.C. § 60104(e)
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    (e) This chapter does not authorize the Secretary of Transportation to prescribe the location or routing of a pipeline facility.
  • 49 U.S.C. § 60105(a)
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    (a) Except as provided in this section and sections 60114 and 60121 of this title, the Secretary of Transportation may not prescribe or enforce safety standards and practices for an intrastate pipeline facility or intrastate pipeline transportation to the extent that the safety standards and practices are regulated by a State authority (including a municipality if the standards and practices apply to intrastate gas pipeline transportation) that submits to the Secretary annually a certification for the facilities and transportation that complies with subsections (b) and (c) of this section.
  • 49 U.S.C. § 60105(b)(3)
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    (3) is enforcing each adopted standard through ways that include inspections conducted by State employees meeting the qualifications the Secretary prescribes under section 60107(d)(1)(C) of this title;
  • 49 U.S.C. § 60105(c)(1)(B)
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    (B) each accident or incident reported during the prior 12 months by that person involving a fatality, personal injury requiring hospitalization, or property damage or loss of more than an amount the Secretary establishes (even if the person sustaining the fatality, personal injury, or property damage or loss is not subject to the safety jurisdiction of the authority), any other accident the authority considers significant, and a summary of the investigation by the authority of the cause and circumstances surrounding the accident or incident;
  • 49 U.S.C. § 60105(c)(1)(D)
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    (D) any other information the Secretary requires.
  • 49 U.S.C. § 60105(d)
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    (d) A certification in effect under this section does not apply to safety standards prescribed under this chapter after the date of certification. This chapter applies to each applicable safety standard prescribed after the date of certification until the State authority adopts the standard and submits the appropriate certification to the Secretary under subsection (a) of this section.
  • 49 U.S.C. § 60105(e)
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    (e) The Secretary may monitor a safety program established under this section to ensure that the program complies with the certification. A State authority shall cooperate with the Secretary under this subsection.
  • 49 U.S.C. § 60105(f)
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    (f) If after receiving a certification the Secretary decides the State authority is not enforcing satisfactorily compliance with applicable safety standards prescribed under this chapter, the Secretary may reject the certification, assert United States Government jurisdiction, or take other appropriate action to achieve adequate enforcement. The Secretary shall give the authority notice and an opportunity for a hearing before taking final action under this subsection. When notice is given, the burden of proof is on the authority to demonstrate that it is enforcing satisfactorily compliance with the prescribed standards.
  • 49 U.S.C. § 60106(a)
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    (a) If the Secretary of Transportation does not receive a certification under section 60105 of this title, the Secretary may make an agreement with a State authority (including a municipality if the agreement applies to intrastate gas pipeline transportation) authorizing it to take necessary action. Each agreement shall—
    (1) establish an adequate program for record maintenance, reporting, and inspection designed to assist compliance with applicable safety standards prescribed under this chapter; and
    (2) prescribe procedures for approval of plans of inspection and maintenance substantially the same as required under section 60108 (a) and (b) of this title.
  • 49 U.S.C. § 60106(b)(1)
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    (1) If the Secretary accepts a certification under section 60105 and makes the determination required under this subsection, the Secretary may make an agreement with a State authority authorizing it to participate in the oversight of interstate pipeline transportation. Each such agreement shall include a plan for the State authority to participate in special investigations involving incidents or new construction and allow the State authority to participate in other activities overseeing interstate pipeline transportation or to assume additional inspection or investigatory duties. Nothing in this section modifies section 60104(c) or authorizes the Secretary to delegate the enforcement of safety standards for interstate pipeline facilities prescribed under this chapter to a State authority.
  • 49 U.S.C. § 60106(b)(2)
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    (2) The Secretary may not enter into an agreement under this subsection, unless the Secretary determines in writing that—
    (A) the agreement allowing participation of the State authority is consistent with the Secretary’s program for inspection and consistent with the safety policies and provisions provided under this chapter;
    (B) the interstate participation agreement would not adversely affect the oversight responsibilities of intrastate pipeline transportation by the State authority;
    (C) the State is carrying out a program demonstrated to promote preparedness and risk prevention activities that enable communities to live safely with pipelines;
    (D) the State meets the minimum standards for State one-call notification set forth in chapter 61; and
    (E) the actions planned under the agreement would not impede interstate commerce or jeopardize public safety.
  • 49 U.S.C. § 60106(b)(2)(A)
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    (A) the agreement allowing participation of the State authority is consistent with the Secretary’s program for inspection and consistent with the safety policies and provisions provided under this chapter;
  • 49 U.S.C. § 60106(b)(3)
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    (3) If requested by the State authority, the Secretary shall authorize a State authority which had an interstate agreement in effect after January 31, 1999, to oversee interstate pipeline transportation pursuant to the terms of that agreement until the Secretary determines that the State meets the requirements of paragraph (2) and executes a new agreement, or until December 31, 2003, whichever is sooner. Nothing in this paragraph shall prevent the Secretary, after affording the State notice, hearing, and an opportunity to correct any alleged deficiencies, from terminating an agreement that was in effect before enactment of the Pipeline Safety Improvement Act of 2002 if—
    (A) the State authority fails to comply with the terms of the agreement;
    (B) implementation of the agreement has resulted in a gap in the oversight responsibilities of intrastate pipeline transportation by the State authority; or
    (C) continued participation by the State authority in the oversight of interstate pipeline transportation has had an adverse impact on pipeline safety.
  • 49 U.S.C. § 60106(b)(4)
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    (4) If a State authority requests an interstate agreement under this section and the Secretary denies such request, the Secretary shall provide written notification to the State authority of the denial that includes an explanation of the reasons for such denial.
  • 49 U.S.C. § 60106(c)(1)
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    (1) Each agreement shall require the State authority to notify the Secretary promptly of a violation or probable violation of an applicable safety standard discovered as a result of action taken in carrying out an agreement under this section.
  • 49 U.S.C. § 60106(c)(2)
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    (2) If a State authority notifies the Secretary under paragraph (1) of a violation or probable violation of an applicable safety standard, the Secretary, not later than 60 days after the date of receipt of the notification, shall—
    (A) issue an order under section 60118(b) or take other appropriate enforcement actions to ensure compliance with this chapter; or
    (B) provide the State authority with a written explanation as to why the Secretary has determined not to take such actions.
  • 49 U.S.C. § 60106(c)(2)(B)
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    (B) provide the State authority with a written explanation as to why the Secretary has determined not to take such actions.
  • 49 U.S.C. § 60106(d)
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    (d) The Secretary may monitor a safety program established under this section to ensure that the program complies with the agreement. A State authority shall cooperate with the Secretary under this subsection.
  • 49 U.S.C. § 60106(e)(1)
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    (1) The Secretary may end an agreement under this section when the Secretary finds that the State authority has not complied with any provision of the agreement.
  • 49 U.S.C. § 60106(e)(2)
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    (2) The Secretary shall end an agreement for the oversight of interstate pipeline transportation if the Secretary finds that—
    (A) implementation of such agreement has resulted in a gap in the oversight responsibilities of intrastate pipeline transportation by the State authority;
    (B) the State actions under the agreement have failed to meet the requirements under subsection (b); or
    (C) continued participation by the State authority in the oversight of interstate pipeline transportation would not promote pipeline safety.
  • 49 U.S.C. § 60106(e)(3)
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    (3) The Secretary shall give notice and an opportunity for a hearing to a State authority before ending an agreement under this section. The Secretary may provide a State an opportunity to correct any deficiencies before ending an agreement. The finding and decision to end the agreement shall be published in the Federal Register and may not become effective for at least 15 days after the date of publication unless the Secretary finds that continuation of an agreement poses an imminent hazard.
  • 49 U.S.C. § 60106(f)
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    (f) At the request of a State authority, the Secretary shall allow for a certified State authority under section 60105 to participate in the inspection of an interstate pipeline facility.
  • 49 U.S.C. § 60107(a)
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    (a) If a State authority files an application not later than September 30 of a calendar year, the Secretary of Transportation shall pay not more than 80 percent of the cost of the personnel, equipment, and activities the authority reasonably requires during the next calendar year—
    (1) to carry out a safety program under a certification under section 60105 of this title or an agreement under section 60106 of this title; or
    (2) to act as an agent of the Secretary on interstate gas pipeline facilities or interstate hazardous liquid pipeline facilities.
  • 49 U.S.C. § 60107(a)(2)
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    (2) to act as an agent of the Secretary on interstate gas pipeline facilities or interstate hazardous liquid pipeline facilities.
  • 49 U.S.C. § 60107(b)
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    (b) After notifying and consulting with a State authority, the Secretary may withhold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only when the authority ensures the Secretary that it will provide the remaining costs of a safety program, except when the Secretary waives this requirement.
  • 49 U.S.C. § 60107(c)
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    (c) The Secretary shall apportion the amount appropriated to carry out this section among the States. A payment may be made under this section in installments, in advance, or on a reimbursable basis.
  • 49 U.S.C. § 60107(d)(1)
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    (1) The Secretary may prescribe—
    (A) the form of, and way of filing, an application under this section;
    (B) reporting and fiscal procedures the Secretary considers necessary to ensure the proper accounting of money of the Government; and
    (C) qualifications for a State to meet to receive a payment under this section, including qualifications for State employees who perform inspection activities under section 60105 or 60106 of this title.
  • 49 U.S.C. § 60107(d)(1)(B)
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    (B) reporting and fiscal procedures the Secretary considers necessary to ensure the proper accounting of money of the Government; and
  • 49 U.S.C. § 60107(e)
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    (e) If a State program’s certification is rejected under section 60105(f) or such program is otherwise suspended or interrupted, the Secretary may use any undistributed, deobligated, or recovered funds authorized under this section to carry out pipeline safety activities for that State within the period of availability for such funds.
  • 49 U.S.C. § 60108(a)(1)
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    (1) Each person owning or operating a gas pipeline facility or hazardous liquid pipeline facility shall carry out a current written plan (including any changes) for inspection and maintenance of each facility used in the transportation and owned or operated by the person. A copy of the plan shall be kept at any office of the person the Secretary of Transportation considers appropriate. The Secretary also may require a person owning or operating a pipeline facility subject to this chapter to file a plan for inspection and maintenance for approval.
  • 49 U.S.C. § 60108(a)(2)
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    (2) If the Secretary or a State authority responsible for enforcing standards prescribed under this chapter decides that a plan required under paragraph (1) of this subsection is inadequate for safe operation, the Secretary or authority shall require the person to revise the plan. Revision may be required only after giving notice and an opportunity for a hearing. A plan required under paragraph (1) must be practicable and designed to meet the need for pipeline safety, must meet the requirements of any regulations promulgated under section 60102(q), and must include terms designed to enhance the ability to discover safety-related conditions described in section 60102(h)(1) of this title. In deciding on the adequacy of a plan, the Secretary or authority shall consider—
    (A) relevant available pipeline safety information;
    (B) the appropriateness of the plan for the particular kind of pipeline transportation or facility;
    (C) the reasonableness of the plan;
    (D) the extent to which the plan will contribute to—
    (i) public safety;
    (ii) eliminating hazardous leaks and minimizing releases of natural gas from pipeline facilities; and
    (iii) the protection of the environment; and
    (E) the extent to which the plan addresses the replacement or remediation of pipelines that are known to leak based on the material (including cast iron, unprotected steel, wrought iron, and historic plastics with known issues), design, or past operating and maintenance history of the pipeline.
  • 49 U.S.C. § 60108(a)(3)(A)
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    (A) Not later than 2 years after the date of enactment of this subparagraph, and not less frequently than once every 5 years thereafter, the Secretary or relevant State authority with a certification in effect under section 60105 shall review each plan described in this subsection.
  • 49 U.S.C. § 60108(a)(3)(B)
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    (B) The Secretary may conduct a review under this paragraph as an element of the inspection of the operator carried out by the Secretary under subsection (b).
  • 49 U.S.C. § 60108(a)(3)(C)
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    (C) If the Secretary determines that a plan reviewed under this paragraph does not comply with the requirements of this chapter (including any regulations promulgated under this chapter), has not been adequately implemented, is inadequate for the safe operation of a pipeline facility, or is otherwise inadequate, the Secretary may conduct enforcement proceedings under this chapter.
  • 49 U.S.C. § 60108(b)(1)
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    (1) The Secretary shall inspect and require appropriate testing of a pipeline facility subject to this chapter that is not covered by a certification under section 60105 of this title or an agreement under section 60106 of this title. The Secretary shall decide on the frequency and type of inspection and testing under this subsection on a case-by-case basis after considering the following:
    (A) the location of the pipeline facility.
    (B) the type, size, age, manufacturer, method of construction, construction material, and condition of the pipeline facility.
    (C) the nature and volume of material transported through the pipeline facility.
    (D) the pressure at which that material is transported.
    (E) climatic, geologic, and seismic characteristics (including soil characteristics) and conditions of the area in which the pipeline facility is located.
    (F) existing and projected population and demographic characteristics of the area in which the pipeline facility is located.
    (G) for a hazardous liquid pipeline facility, the proximity of the area in which the facility is located to an area that is unusually sensitive to environmental damage.
    (H) the frequency of leaks.
    (I) other factors the Secretary decides are relevant to the safety of pipeline facilities.
  • 49 U.S.C. § 60108(b)(1)(I)
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    (I) other factors the Secretary decides are relevant to the safety of pipeline facilities.
  • 49 U.S.C. § 60108(b)(2)
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    (2) To the extent and in amounts provided in advance in an appropriation law, the Secretary shall decide on the frequency of inspection under paragraph (1) of this subsection. The Secretary may reduce the frequency of an inspection of a master meter system.
  • 49 U.S.C. § 60108(c)(2)(A)
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    (A) Not later than May 16, 1993, on the basis of experience with the inspections under section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as appropriate, and any other information available to the Secretary, the Secretary shall establish a mandatory, systematic, and, where appropriate, periodic inspection program of—
    (i) all offshore pipeline facilities; and
    (ii) any other pipeline facility crossing under, over, or through waters where a substantial likelihood of commercial navigation exists, if the Secretary decides that the location of the facility in those waters could pose a hazard to navigation or public safety.
  • 49 U.S.C. § 60108(c)(2)(A)(ii)
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    (ii) any other pipeline facility crossing under, over, or through waters where a substantial likelihood of commercial navigation exists, if the Secretary decides that the location of the facility in those waters could pose a hazard to navigation or public safety.
  • 49 U.S.C. § 60108(c)(2)(B)(i)
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    (i) the Secretary shall identify what is a hazard to navigation with respect to an underwater abandoned pipeline facility; and
  • 49 U.S.C. § 60108(c)(2)(B)(ii)
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    (ii) for an underwater pipeline facility abandoned after October 24, 1992, the Secretary shall include requirements that will lessen the potential that the facility will pose a hazard to navigation and shall consider the relationship between water depth and navigational safety and factors relevant to the local marine environment.
  • 49 U.S.C. § 60108(c)(3)(A)
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    (A) The Secretary shall establish by regulation a program requiring an operator of a pipeline facility described in paragraph (2) of this subsection to report a potential or existing navigational hazard involving that pipeline facility to the Secretary through the appropriate Coast Guard office.
  • 49 U.S.C. § 60108(c)(3)(B)
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    (B) The operator of a pipeline facility described in paragraph (2) of this subsection that discovers any part of the pipeline facility that is a hazard to navigation shall mark the location of the hazardous part with a Coast-Guard-approved marine buoy or marker and immediately shall notify the Secretary as provided by the Secretary under subparagraph (A) of this paragraph. A marine buoy or marker used under this subparagraph is deemed a pipeline sign or right-of-way marker under section 60123(c) of this title.
  • 49 U.S.C. § 60108(c)(4)(A)
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    (A) The Secretary shall establish a standard that each pipeline facility described in paragraph (2) of this subsection that is a hazard to navigation is buried not later than 6 months after the date the condition of the facility is reported to the Secretary. The Secretary may extend that 6-month period for a reasonable period to ensure compliance with this paragraph.
  • 49 U.S.C. § 60108(c)(4)(B)
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    (B) In prescribing standards for subparagraph (A) of this paragraph for an underwater pipeline facility abandoned after October 24, 1992, the Secretary shall include requirements that will lessen the potential that the facility will pose a hazard to navigation and shall consider the relationship between water depth and navigational safety and factors relevant to the local marine environment.
  • 49 U.S.C. § 60108(c)(5)(A)
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    (A) Not later than October 24, 1994, the Secretary shall establish standards on what is an exposed offshore pipeline facility and what is a hazard to navigation under this subsection.
  • 49 U.S.C. § 60108(c)(5)(B)
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    (B) Not later than 6 months after the Secretary establishes standards under subparagraph (A) of this paragraph, or October 24, 1995, whichever occurs first, the operator of each offshore pipeline facility not described in section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as appropriate, shall inspect the facility and report to the Secretary on any part of the facility that is exposed or is a hazard to navigation. This subparagraph applies only to a facility that is between the high water mark and the point at which the subsurface is under 15 feet of water, as measured from mean low water. An inspection that occurred after October 3, 1989, may be used for compliance with this subparagraph if the inspection conforms to the requirements of this subparagraph.
  • 49 U.S.C. § 60108(c)(5)(C)
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    (C) The Secretary may extend the time period specified in subparagraph (B) of this paragraph for not more than 6 months if the operator of a facility satisfies the Secretary that the operator has made a good faith effort, with reasonable diligence, but has been unable to comply by the end of that period.
  • 49 U.S.C. § 60108(c)(6)(A)
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    (A) The operator of a pipeline facility abandoned after October 24, 1992, shall report the abandonment to the Secretary in a way that specifies whether the facility has been abandoned properly according to applicable United States Government and State requirements.
  • 49 U.S.C. § 60108(c)(6)(B)
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    (B) Not later than October 24, 1995, the operator of a pipeline facility abandoned before October 24, 1992, shall report to the Secretary reasonably available information related to the facility, including information that a third party possesses. The information shall include the location, size, date, and method of abandonment, whether the facility has been abandoned properly under applicable law, and other relevant information the Secretary may require. Not later than April 24, 1994, the Secretary shall specify how the information shall be reported. The Secretary shall ensure that the Government maintains the information in a way accessible to appropriate Government agencies and State authorities.
  • 49 U.S.C. § 60108(c)(6)(C)
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    (C) The Secretary shall request that a State authority having information on a collision between a vessel and an underwater pipeline facility report the information to the Secretary in a timely way and make a reasonable effort to specify the location, date, and severity of the collision. Chapter 35 of title 44 does not apply to this subparagraph.
  • 49 U.S.C. § 60108(c)(7)
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    (7) The Secretary may not exempt from this chapter an offshore hazardous liquid pipeline facility only because the pipeline facility transfers hazardous liquid in an underwater pipeline between a vessel and an onshore facility.
  • 49 U.S.C. § 60108(c)(8)
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    (8) If, after reviewing existing Federal and State regulations for hazardous liquid gathering lines located offshore in the United States, including within the inlets of the Gulf of Mexico, the Secretary determines it is appropriate, the Secretary shall issue regulations, after notice and an opportunity for a hearing, subjecting offshore hazardous liquid gathering lines and hazardous liquid gathering lines located within the inlets of the Gulf of Mexico to the same standards and regulations as other hazardous liquid gathering lines. The regulations issued under this paragraph shall not apply to production pipelines or flow lines.
  • 49 U.S.C. § 60108(d)(1)
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    (1) The Secretary shall publish a notice on the availability of industry guidelines, developed by the Gas Piping Technology Committee, for replacing cast iron pipelines. Not later than 2 years after the guidelines become available, the Secretary shall conduct a survey of gas pipeline operators with cast iron pipe in their systems to establish—
    (A) the extent to which each operator has adopted a plan for the safe management and replacement of cast iron;
    (B) the elements of the plan, including the anticipated rate of replacement; and
    (C) the progress that has been made.
  • 49 U.S.C. § 60108(d)(3)
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    (3) This subsection does not prevent the Secretary from developing Government guidelines or standards for cast iron gas pipelines as the Secretary considers appropriate.
  • 49 U.S.C. § 60108(d)(4)
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    (4) Not later than December 31, 2012, and every 2 years thereafter, the Secretary shall conduct a follow-up survey to measure the progress that owners and operators of pipeline facilities have made in adopting and implementing their plans for the safe management and replacement of cast iron gas pipelines.
  • 49 U.S.C. § 60109(a)
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    (a) Not later than October 24, 1994, the Secretary of Transportation 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-density population area; and
    (B) by operators of hazardous liquid pipeline facilities and gathering lines—
    (i) each hazardous liquid pipeline facility, whether otherwise subject to this chapter, that crosses waters where a substantial likelihood of commercial navigation exists or that is located in an area described in the criteria as a high-density population area; and
    (ii) each hazardous liquid pipeline facility 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 section 60102(e) of this title.
  • 49 U.S.C. § 60109(a)(1)(B)(ii)
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    (ii) each hazardous liquid pipeline facility 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
  • 49 U.S.C. § 60109(b)
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    (b) When describing areas that are unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident, the Secretary shall consider areas where a pipeline rupture would likely cause permanent or long-term environmental damage, including—
    (1) locations near pipeline rights-of-way that are critical to drinking water, including intake 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 identified as coastal beaches, certain coastal waters, 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.
  • 49 U.S.C. § 60109(c)(2)(A)
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    (A) Not later than 12 months after the date of enactment of this subsection, the Secretary shall issue regulations prescribing standards to direct an operator’s conduct of a risk analysis and adoption and implementation of an integrity management program under this subsection. The regulations shall require an operator to conduct a risk analysis and adopt an integrity management program within a time period prescribed by the Secretary, ending not later than 24 months after such date of enactment. 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).
  • 49 U.S.C. § 60109(c)(2)(B)
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    (B) The Secretary may satisfy the requirements of this paragraph through the issuance of regulations under this paragraph or under other authority of law.
  • 49 U.S.C. § 60109(c)(3)(A)
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    (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 subsequent modifications, by internal inspection device, pressure testing, direct assessment, or an alternative method that the Secretary determines would provide an equal or greater level of safety. The operator shall complete such assessment not later than 10 years after the date of enactment of this subsection. At least 50 percent of such facilities 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 previously discovered defects or anomalies and any history of leaks, repairs, or failures. The operator shall ensure that assessments of facilities with the highest risks are given priority for completion and that such assessments will be completed not later than 5 years after such date of enactment.
  • 49 U.S.C. § 60109(c)(3)(B)
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    (B) Subject to paragraph (5), periodic reassessments of the facility, at a minimum of once every 7 calendar years, using methods described in subparagraph (A). The Secretary may extend such deadline for an additional 6 months if the operator submits written notice to the Secretary with sufficient justification of the need for the extension.
  • 49 U.S.C. § 60109(c)(3)(H)
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    (H) If the Secretary raises a safety concern relating to the facility, a description of the actions to be taken by the operator to address the safety concern, including issues raised with the Secretary by States and local authorities under an agreement entered into under section 60106.
  • 49 U.S.C. § 60109(c)(4)
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    (4) 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 requirements of this subsection.
  • 49 U.S.C. § 60109(c)(5)
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    (5) In accordance with section 60118(c), the Secretary may waive or modify any requirement for reassessment of a facility under paragraph (3)(B) for reasons that may include the need to maintain local product supply or the lack of internal inspection devices if the Secretary determines that such waiver is not inconsistent with pipeline safety.
  • 49 U.S.C. § 60109(c)(6)
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    (6) The standards prescribed by the Secretary under paragraph (2) shall address 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 selected to address the integrity of a pipeline facility.
    (G) Such other factors as the Secretary determines appropriate to ensure that the integrity 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 environmental and safety risks, and shall take into account the applicable level of protection established by national consensus standards organizations.
  • 49 U.S.C. § 60109(c)(6)(G)
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    (G) Such other factors as the Secretary determines appropriate to ensure that the integrity of a pipeline facility is addressed and that appropriate mitigative measures are adopted to protect areas identified under subsection (a)(1).
  • 49 U.S.C. § 60109(c)(7)
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    (7) The Secretary may also prescribe standards requiring 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 operator’s risk analysis; and
    (B) the use of emergency flow restricting devices.
  • 49 U.S.C. § 60109(c)(9)(A)(i)
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    (i) The Secretary shall review a risk analysis and integrity management program under paragraph (1) and record the results of that review for use in the next review of an operator’s program.
  • 49 U.S.C. § 60109(c)(9)(A)(ii)
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    (ii) The Secretary may conduct a review under clause (i) as an element of the Secretary’s inspection of an operator.
  • 49 U.S.C. § 60109(c)(9)(A)(iii)
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    (iii) If the Secretary determines that a risk analysis or integrity management program does not comply with the requirements of this subsection or regulations issued as described in paragraph (2), has not been adequately implemented, or is inadequate for the safe operation of a pipeline facility, the Secretary may conduct proceedings under this chapter.
  • 49 U.S.C. § 60109(c)(9)(B)
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    (B) 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 program not later than 30 days after the date of adoption of the amendment. The Secretary shall review any such amendment in accordance with this paragraph.
  • 49 U.S.C. § 60109(c)(9)(C)
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    (C) The Secretary shall provide a copy of each risk analysis and integrity management program reviewed by the Secretary under this paragraph to any appropriate State authority with which the Secretary has entered into an agreement under section 60106.
  • 49 U.S.C. § 60109(c)(10)
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    (10) A State authority that enters into an agreement pursuant to section 60106, permitting 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 program, make recommendations, as appropriate, to address safety concerns not adequately addressed by the operator’s risk analysis or integrity management program, and submit documentation explaining the State-proposed revisions. The Secretary shall consider carefully the State’s proposals and work in consultation with the States and operators to address safety concerns.
  • 49 U.S.C. § 60109(c)(12)(A)
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    (A) 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.
  • 49 U.S.C. § 60109(c)(12)(B)
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    (B) 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 Infrastructure of the House of Representatives a report describing—
    (i) the results of the study under subparagraph (A); and
    (ii) recommendations based on that study, if any.
  • 49 U.S.C. § 60109(e)(1)
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    (1) Not later than December 31, 2007, the Secretary shall prescribe minimum standards for integrity management programs for distribution pipelines.
  • 49 U.S.C. § 60109(e)(2)
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    (2) 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 conditions that present a potential threat to line integrity, and to monitor program effectiveness.
  • 49 U.S.C. § 60109(e)(3)(A)(v)
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    (v) an excess flow valve meeting performance standards developed under section 60110(e) of title 49, United States Code, is commercially available to the operator, as determined by the Secretary.
  • 49 U.S.C. § 60109(e)(3)(B)
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    (B) 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 Transportation Safety Board’s recommendation on excess flow valves in applications other than service lines serving one single family residence, the Secretary, if appropriate, shall by regulation require the use of excess flow valves, or equivalent technology, where economically, technically, and operationally feasible on new or entirely replaced distribution branch services, multifamily facilities, and small commercial facilities.
  • 49 U.S.C. § 60109(e)(3)(C)
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    (C) Operators of natural gas distribution systems shall report annually to the Secretary on the number of excess flow valves installed on their systems under subparagraph (A).
  • 49 U.S.C. § 60109(e)(4)
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    (4) The Secretary shall determine which distribution pipelines will be subject to the minimum standards.
  • 49 U.S.C. § 60109(e)(5)
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    (5) Each operator of a distribution pipeline that the Secretary determines is subject to the minimum standards prescribed by the Secretary under this subsection shall develop and implement an integrity management program in accordance with those standards.
  • 49 U.S.C. § 60109(e)(7)(A)
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    (A) Not later than 2 years after the date of enactment of this paragraph, the Secretary shall promulgate regulations to ensure that each distribution integrity 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 distribution system; and
    (ii) the risks that could lead to or result from the operation of a low-pressure distribution system at a pressure that makes the operation of any connected and properly adjusted low-pressure gas burning equipment unsafe, as determined by the Secretary.
  • 49 U.S.C. § 60109(e)(7)(A)(ii)
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    (ii) the risks that could lead to or result from the operation of a low-pressure distribution system at a pressure that makes the operation of any connected and properly adjusted low-pressure gas burning equipment unsafe, as determined by the Secretary.
  • 49 U.S.C. § 60109(e)(7)(B)
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    (B) In carrying out subparagraph (A)(ii), the Secretary shall ensure that an operator of a distribution system—
    (i) considers factors other than past observed abnormal operating conditions (as defined in section 192.803 of title 49, Code of Federal Regulations (or a successor regulation)) 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 determination is otherwise supported by engineering analysis or operational knowledge.
  • 49 U.S.C. § 60109(e)(7)(C)(i)
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    (i) Not later than 2 years after the date of enactment of this paragraph, each operator of a distribution system shall make available to the Secretary or the relevant State authority with a certification in effect under section 60105, as applicable, a copy of—
    (I) the distribution integrity management plan of the operator;
    (II) the emergency response plan under section 60102(d)(5); and
    (III) the procedural manual for operations, maintenance, and emergencies under section 60102(d)(4).
  • 49 U.S.C. § 60109(e)(7)(C)(ii)
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    (ii) Each operator of a distribution system shall make available to the Secretary or make available for inspection to the relevant State authority described in clause (i), if applicable, an updated 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.
  • 49 U.S.C. § 60109(e)(7)(D)(i)(I)
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    (I) 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 relevant State authority with a certification in effect under section 60105 shall review the distribution integrity management plan, the emergency response plan, and the procedural manual for operations, 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.
  • 49 U.S.C. § 60109(e)(7)(D)(i)(II)
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    (II) 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 justification 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 Transportation of the Senate and the Committees on Transportation and Infrastructure 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).
  • 49 U.S.C. § 60109(e)(7)(D)(iii)
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    (iii) 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.
  • 49 U.S.C. § 60109(e)(7)(D)(iv)
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    (iv) If the Secretary determines that the documents reviewed under clause (i) or (ii) do not comply with the requirements of this chapter (including regulations to implement this chapter), have not been adequately implemented, or are inadequate for the safe operation of a pipeline facility, the Secretary may conduct proceedings under this chapter.
  • 49 U.S.C. § 60109(f)
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    (f) The Secretary shall establish procedures requiring certification of annual and semiannual pipeline integrity management program performance reports by a senior executive officer of the company operating a pipeline subject to this chapter. The procedures shall require a signed statement, 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 report; and
    (2) to the best of such officer’s knowledge and belief, the report is true and complete.
  • 49 U.S.C. § 60109(g)(1)
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    (1) Notwithstanding any pipeline integrity management program or integrity assessment schedule otherwise required by the Secretary, each operator of a pipeline facility to which this subsection applies shall ensure that pipeline integrity assessments—
    (A) using internal inspection technology appropriate for the integrity threat are completed not less often than once every 12 months; and
    (B) using pipeline route surveys, depth of cover surveys, pressure tests, external corrosion 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.
  • 49 U.S.C. § 60109(g)(4)
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    (4) The Secretary shall conduct inspections under section 60117(d) to determine whether each operator of a pipeline facility to which this subsection applies is complying with this section.
  • 49 U.S.C. § 60110(b)
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    (b) Not later than April 24, 1994, the Secretary of Transportation shall prescribe standards 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 distribution system supplies gas, including hospitals, schools, and commercial enterprises;
    (4) the technical feasibility and cost of installing, operating, and maintaining the valve;
    (5) the public safety benefits of installing the valve;
    (6) the location of customer meters; and
    (7) other factors the Secretary considers relevant.
  • 49 U.S.C. § 60110(b)(7)
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    (7) other factors the Secretary considers relevant.
  • 49 U.S.C. § 60110(c)(1)
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    (1) Not later than October 24, 1994, the Secretary shall prescribe standards requiring an operator of a natural gas distribution system to notify in writing its customers having lines in which excess flow valves are not required by law but can be installed according to the standards prescribed under subsection (e) of this section, of—
    (A) the availability of excess flow valves for installation in the system;
    (B) safety benefits to be derived from installation; and
    (C) costs associated with installation, maintenance, and replacement.
  • 49 U.S.C. § 60110(d)
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    (d) If the Secretary decides under subsection (b) of this section that there are no circumstances under which an operator must install excess flow valves, the Secretary shall submit to Congress a report on the reasons for the decision not later than 30 days after the decision is made.
  • 49 U.S.C. § 60110(e)
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    (e) Not later than April 24, 1994, the Secretary shall develop standards for the performance of excess flow valves used to protect lines in a natural gas distribution system. The Secretary may adopt industry accepted performance standards in order to comply with the requirement under the preceding sentence. The standards shall be incorporated into regulations the Secretary prescribes under this section. All excess flow valves shall be installed according to the standards.
  • 49 U.S.C. § 60111(a)
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    (a) When the Secretary of Transportation believes that an operator of a liquefied natural gas facility does not have adequate financial responsibility for the facility, the Secretary may issue a notice to the operator about the inadequacy and the amount of financial responsibility the Secretary considers adequate.
  • 49 U.S.C. § 60111(b)
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    (b) An operator receiving a notice under subsection (a) of this section may have a hearing on the record not later than 30 days after receiving the notice. The operator may show why the Secretary should not issue an order requiring the operator to demonstrate and maintain financial responsibility in at least the amount the Secretary considers adequate.
  • 49 U.S.C. § 60111(c)
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    (c) After an opportunity for a hearing on the record, the Secretary may issue the order if the Secretary decides it is justified in the public interest.
  • 49 U.S.C. § 60112(a)
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    (a) After notice and an opportunity for a hearing, the Secretary of Transportation may decide that a pipeline facility is hazardous if the Secretary decides that—
    (1) operation of the facility is or would be hazardous to life, property, or the environment; or
    (2) the facility is or would be constructed or operated, or a component of the facility is or would be constructed or operated, with equipment, material, or a technique that the Secretary decides is hazardous to life, property, or the environment.
  • 49 U.S.C. § 60112(a)(2)
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    (2) the facility is or would be constructed or operated, or a component of the facility is or would be constructed or operated, with equipment, material, or a technique that the Secretary decides is hazardous to life, property, or the environment.
  • 49 U.S.C. § 60112(b)
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    (b) In making a decision under subsection (a) of this section, the Secretary shall consider, if relevant—
    (1) the characteristics of the pipe and other equipment used in the pipeline facility, including the age, manufacture, physical properties, and method of manufacturing, constructing, or assembling the equipment;
    (2) the nature of the material the pipeline facility transports, the corrosive and deteriorative qualities of the material, the sequence in which the material are1 transported, and the pressure required for transporting the material;
    (3) the aspects of the area in which the pipeline facility is located, including climatic and geologic conditions and soil characteristics;
    (4) the proximity of the area in which the hazardous liquid pipeline facility is located to environmentally sensitive areas;
    (5) the population density and population and growth patterns of the area in which the pipeline facility is located;
    (6) any recommendation of the National Transportation Safety Board made under another law; and
    (7) other factors the Secretary considers appropriate.
  • 49 U.S.C. § 60112(b)(7)
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    (7) other factors the Secretary considers appropriate.
  • 49 U.S.C. § 60112(c)
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    (c) The Secretary shall provide, to any appropriate official of a State in which a pipeline facility is located and about which a proceeding has begun under this section, notice and an opportunity to comment on an agreement the Secretary proposes to make to resolve the proceeding. State comment shall incorporate comments of affected local officials.
  • 49 U.S.C. § 60112(d)(1)
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    (1) If the Secretary decides under subsection (a) of this section that a pipeline facility is or would be hazardous, the Secretary shall order the operator of the facility to take necessary corrective action, including suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other appropriate action.
  • 49 U.S.C. § 60112(d)(2)
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    (2) If, in the case of a corrective action order issued following an accident, the Secretary determines that the actions of an employee carrying out an activity regulated under this chapter, including duties under section 60102(a), may have contributed substantially to the cause of the accident, the Secretary shall direct the operator to relieve the employee from performing those activities, reassign the employee, or place the employee on leave until the earlier of the date on which—
    (A) the Secretary, after notice and an opportunity for a hearing, determines that the employee’s actions did not contribute substantially to the cause of the accident; or
    (B) the Secretary determines the employee has been re-qualified or re-trained as provided for in section 60131 and can safely perform those activities.
  • 49 U.S.C. § 60112(d)(2)(A)
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    (A) the Secretary, after notice and an opportunity for a hearing, determines that the employee’s actions did not contribute substantially to the cause of the accident; or
  • 49 U.S.C. § 60112(d)(2)(B)
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    (B) the Secretary determines the employee has been re-qualified or re-trained as provided for in section 60131 and can safely perform those activities.
  • 49 U.S.C. § 60112(e)
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    (e) The Secretary may waive the requirements for notice and an opportunity for a hearing under this section and issue expeditiously an order under this section if the Secretary decides failure to issue the order expeditiously will result in likely serious harm to life, property, or the environment. An order under this subsection shall provide an opportunity for a hearing as soon as practicable after the order is issued.
  • 49 U.S.C. § 60113
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    Not later than October 24, 1993, the Secretary of Transportation shall prescribe standards requiring an operator of a natural gas distribution pipeline that does not maintain customer-owned natural gas service lines up to building walls to advise its customers of—
  • 49 U.S.C. § 60114(a)
    Go to provision →
    (a) The Secretary of Transportation shall prescribe regulations providing minimum requirements for establishing and operating a one-call notification system for a State to adopt that will notify an operator of a pipeline facility of activity in the vicinity of the facility that could threaten the safety of the facility. The regulations shall include the following:
    (1) a requirement that the system apply to all areas of the State containing underground pipeline facilities.
    (2) a requirement that a person, including a government employee or contractor, intending to engage in an activity the Secretary decides could cause physical damage to an underground facility must contact the appropriate system to establish if there are underground facilities present in the area of the intended activity.
    (3) a requirement that all operators of underground pipeline facilities participate in an appropriate one-call notification system.
    (4) qualifications for an operator of a facility, a private contractor, or a State or local authority to operate a system.
    (5) procedures for advertisement and notice of the availability of a system.
    (6) a requirement about the information to be provided by a person contacting the system under clause (2) of this subsection.
    (7) a requirement for the response of the operator of the system and of the facility after they are contacted by an individual under this subsection.
    (8) a requirement that each State decide whether the system will be toll free.
    (9) a requirement for sanctions substantially the same as provided under sections 60120 and 60122 of this title.
  • 49 U.S.C. § 60114(a)(2)
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    (2) a requirement that a person, including a government employee or contractor, intending to engage in an activity the Secretary decides could cause physical damage to an underground facility must contact the appropriate system to establish if there are underground facilities present in the area of the intended activity.
  • 49 U.S.C. § 60114(f)
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    (f) The Secretary may not conduct an enforcement proceeding under subsection (d) for a violation within the boundaries of a State that has the authority to impose penalties described in section 60134(b)(7) against persons who violate that State’s damage prevention laws, unless the Secretary has determined that the State’s enforcement is inadequate to protect safety, consistent with this chapter, and until the Secretary issues, through a rulemaking proceeding, the procedures for determining inadequate State enforcement of penalties.
  • 49 U.S.C. § 60114(g)
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    (g) The Secretary may make grants to any organization or entity (not including for-profit entities) for the development of technologies that will facilitate the prevention of pipeline damage caused by demolition, excavation, tunneling, or construction activities, with emphasis on wireless and global positioning technologies having potential for use in connection with notification systems and underground facility locating and marking services. Funds provided under this subsection may not be used for lobbying or in direct support of litigation. The Secretary may also support such technology development through cooperative agreements with trade associations, academic institutions, and other organizations.
  • 49 U.S.C. § 60115(b)(1)
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    (1) The Technical Pipeline Safety Standards Committee is composed of 15 members appointed by the Secretary of Transportation after consulting with public and private agencies concerned with the technical aspect of transporting gas or operating a gas pipeline facility. Each member must be experienced in the safety regulation of transporting gas and of gas pipeline facilities or technically qualified, by training, experience, or knowledge in at least one field of engineering applicable to transporting gas or operating a gas pipeline facility, to evaluate gas pipeline safety standards or risk management principles.
  • 49 U.S.C. § 60115(b)(2)
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    (2) The Technical Hazardous Liquid Pipeline Safety Standards Committee is composed of 15 members appointed by the Secretary after consulting with public and private agencies concerned with the technical aspect of transporting hazardous liquid or operating a hazardous liquid pipeline facility. Each member must be experienced in the safety regulation of transporting hazardous liquid and of hazardous liquid pipeline facilities or technically qualified, by training, experience, or knowledge in at least one field of engineering applicable to transporting hazardous liquid or operating a hazardous liquid pipeline facility, to evaluate hazardous liquid pipeline safety standards or risk management principles.
  • 49 U.S.C. § 60115(b)(4)(A)
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    (A) Two of the individuals selected for each committee under paragraph (3)(A) of this subsection must be State officials. The Secretary shall consult with national organizations representing State commissioners or utility regulators before making a selection under this subparagraph.
  • 49 U.S.C. § 60115(b)(4)(B)
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    (B) At least 3 of the individuals selected for each committee under paragraph (3)(B) of this subsection must be currently in the active operation of natural gas pipelines or hazardous liquid pipeline facilities, as appropriate. At least 1 of the individuals selected for each committee under paragraph (3)(B) shall have education, background, or experience in risk assessment and cost-benefit analysis. The Secretary shall consult with the national organizations representing the owners and operators of pipeline facilities before selecting individuals under paragraph (3)(B).
  • 49 U.S.C. § 60115(b)(5)
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    (5) Within 90 days of the date of enactment of the PIPES Act of 2016, the Secretary shall fill all vacancies on the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, and any other committee established pursuant to this section. After that period, the Secretary shall fill a vacancy on any such committee not later than 60 days after the vacancy occurs.
  • 49 U.S.C. § 60115(c)(1)
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    (1) The Secretary shall give to—
    (A) the Technical Pipeline Safety Standards Committee each standard proposed under this chapter for transporting gas and for gas pipeline facilities including the risk assessment information and other analyses supporting each proposed standard; and
    (B) the Technical Hazardous Liquid Pipeline Safety Standards Committee each standard proposed under this chapter for transporting hazardous liquid and for hazardous liquid pipeline facilities including the risk assessment information and other analyses supporting each proposed standard.
  • 49 U.S.C. § 60115(c)(2)
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    (2) Not later than 90 days after receiving the proposed standard and supporting analyses, the appropriate committee shall prepare and submit to the Secretary a report on the technical feasibility, reasonableness, cost-effectiveness, and practicability of the proposed standard and include in the report recommended actions. The Secretary shall publish each report, including any recommended actions and minority views. The report if timely made is part of the proceeding for prescribing the standard. The Secretary is not bound by the conclusions of the committee. However, if the Secretary rejects the conclusions of the committee, the Secretary shall publish the reasons.
  • 49 U.S.C. § 60115(c)(3)
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    (3) The Secretary may prescribe a standard after the end of the 90-day period.
  • 49 U.S.C. § 60115(d)(1)
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    (1) The Technical Pipeline Safety Standards Committee may propose to the Secretary a safety standard for transporting gas and for gas pipeline facilities. The Technical Hazardous Liquid Pipeline Safety Standards Committee may propose to the Secretary a safety standard for transporting hazardous liquid and for hazardous liquid pipeline facilities.
  • 49 U.S.C. § 60115(d)(2)
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    (2) If requested by the Secretary, a committee shall make policy development recommendations to the Secretary.
  • 49 U.S.C. § 60115(e)
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    (e) Each committee shall meet with the Secretary at least up to 4 times annually. Each committee proceeding shall be recorded. The record of the proceeding shall be available to the public.
  • 49 U.S.C. § 60116(b)
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    (b) 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 liquid pipeline facility shall review its existing public education program for effectiveness and modify the program as necessary. The completed program shall include activities to advise affected municipalities, school districts, businesses, and residents of pipeline facility locations. The completed program shall be submitted to the Secretary or, in the case of an intrastate pipeline facility operator, the appropriate State agency, and shall be periodically reviewed by the Secretary or, in the case of an intrastate pipeline facility operator, the appropriate State agency.
  • 49 U.S.C. § 60116(c)
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    (c) The Secretary may issue standards prescribing the elements of an effective public education program. The Secretary may also develop material for use in the program.
  • 49 U.S.C. § 60117(a)
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    (a) To carry out this chapter, the Secretary of Transportation may conduct investigations, make reports, issue subpenas, conduct hearings, require the production of records, take depositions, and conduct research, testing, development, demonstration, and training activities and promotional activities relating to prevention of damage to pipeline facilities. The Secretary may not charge a tuition-type fee for training State or local government personnel in the enforcement of regulations prescribed under this chapter.
  • 49 U.S.C. § 60117(b)(1)
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    (1) In implementing enforcement procedures under this chapter and part 190 of title 49, Code of Federal Regulations (or successor 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 enforcement proceeding include all agency records pertinent to the matters of fact and law asserted;
    (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 burden 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 reconsideration 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 addressed through a declaratory order in accordance with section 554(e) of title 5.
  • 49 U.S.C. § 60117(c)
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    (c) To enable the Secretary to decide whether a person owning or operating a pipeline facility is complying with this chapter and standards prescribed or orders issued under this chapter, the person shall—
    (1) maintain records, make reports, and provide information the Secretary requires; and
    (2) make the records, reports, and information available when the Secretary requests.
    The Secretary may require owners and operators 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.
  • 49 U.S.C. § 60117(c)(1)
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    (1) maintain records, make reports, and provide information the Secretary requires; and
  • 49 U.S.C. § 60117(c)(2)
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    (2) make the records, reports, and information available when the Secretary requests.
  • 49 U.S.C. § 60117(d)
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    (d) An officer, employee, or agent of the Department of Transportation 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 prescribed or orders issued under this chapter.
  • 49 U.S.C. § 60117(e)
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    (e) Information 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 proceeding under this chapter.
  • 49 U.S.C. § 60117(g)
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    (g) 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 accident only after—
    (1) notifying the appropriate State official in the State in which the facility is located; and
    (2) attempting to negotiate a mutually acceptable plan for testing with the owner of the facility and, when the Secretary considers appropriate, the National Transportation Safety Board.
  • 49 U.S.C. § 60117(g)(2)
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    (2) attempting to negotiate a mutually acceptable plan for testing with the owner of the facility and, when the Secretary considers appropriate, the National Transportation Safety Board.
  • 49 U.S.C. § 60117(h)
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    (h) On request, the Secretary shall provide the Federal Energy Regulatory Commission or appropriate State authority with information the Secretary has on the safety of material, operations, devices, or processes related to pipeline transportation or operating a pipeline facility.
  • 49 U.S.C. § 60117(i)
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    (i) 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 instrumentalities of the Government, State and local governments, and public and private agencies and persons to develop and encourage activities, including the enactment of legislation, that will assist in carrying out this chapter and improve State and local pipeline safety programs; and
    (3) participate in a proceeding involving safety requirements related to a liquefied natural gas facility before the Commission or a State authority.
  • 49 U.S.C. § 60117(j)(1)
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    (1) After consulting with appropriate State officials, the Secretary shall establish procedures to promote more effective coordination between departments, agencies, and instrumentalities of the Government and State authorities with regulatory authority over pipeline facilities about responses to a pipeline accident.
  • 49 U.S.C. § 60117(j)(2)
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    (2) In consultation with the Occupational Safety and Health Administration, the Secretary 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.
  • 49 U.S.C. § 60117(l)
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    (l) To carry out this chapter, the Secretary may enter into grants, cooperative agreements, and other transactions with any person, agency, or instrumentality of the United States, any unit of State or local government, any educational institution, or any other entity to further the objectives of this chapter. The objectives of this chapter include the development, improvement, and promotion of one-call damage prevention programs, research, risk assessment, and mapping.
  • 49 U.S.C. § 60117(m)(1)
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    (1) Not later than December 31, 2007, the Secretary shall issue regulations providing 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, property, or the environment, the Secretary may order the operator of the facility to take necessary corrective action, including physical inspection, testing, repair, or other appropriate action, to remedy that condition.
  • 49 U.S.C. § 60117(m)(2)
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    (2) In making a determination under paragraph (1), the Secretary, if relevant and pursuant to the regulations issued under paragraph (1), shall consider—
    (A) the considerations specified in paragraphs (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.
  • 49 U.S.C. § 60117(n)(1)
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    (1) 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 operations that have been or are anticipated to become disrupted by manmade or natural disasters.
  • 49 U.S.C. § 60117(o)(1)(A)
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    (A) For any project described in subparagraph (B), if the Secretary conducts facility design safety reviews in connection with a proposal to construct, expand, or operate a gas or hazardous liquid pipeline facility or liquefied natural gas pipeline facility, including construction inspections and oversight, the Secretary may require the person proposing the project to pay the costs incurred by the Secretary relating to such reviews. If the Secretary exercises the cost recovery authority described in this paragraph, the Secretary shall prescribe a fee structure and assessment methodology that is based on the costs of providing these reviews and shall prescribe procedures 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.
  • 49 U.S.C. § 60117(o)(1)(B)(i)
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    (i) has design and construction costs totaling at least $2,500,000,000, as periodically adjusted by the Secretary to take into account 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 public convenience and necessity for a gas pipeline facility or an application for authorization 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
  • 49 U.S.C. § 60117(o)(1)(B)(i)(II)
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    (II) a good faith estimate developed by the person proposing a hazardous liquid pipeline facility and submitted to the Secretary; or
  • 49 U.S.C. § 60117(o)(1)(B)(ii)
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    (ii) uses new or novel technologies or design, as determined by the Secretary.
  • 49 U.S.C. § 60117(o)(2)
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    (2) For any new pipeline facility construction project in which the Secretary will conduct design reviews, the person proposing the project shall notify the Secretary and provide the design specifications, construction plans and procedures, and related materials at least 120 days prior to the commencement of construction. To the maximum extent practicable, not later than 90 days after receiving such design specifications, construction plans and procedures, and related materials, the Secretary shall provide written comments, feedback, and guidance on the project.
  • 49 U.S.C. § 60117(o)(3)(B)
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    (B) The Secretary shall deposit funds paid under this subsection into the Fund.
  • 49 U.S.C. § 60117(o)(3)(C)
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    (C) Amounts in the Fund shall be available to the Secretary, in amounts specified in appropriations Acts, to offset the costs of conducting facility design safety reviews under this subsection.
  • 49 U.S.C. § 60117(o)(4)
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    (4) Nothing in this subsection may be construed as authorizing the Secretary to require a person to obtain a permit before beginning design and construction in connection with a project described in paragraph (1)(B).
  • 49 U.S.C. § 60117(p)(1)
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    (1) If the Secretary determines that an unsafe condition or practice, or a combination 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.
  • 49 U.S.C. § 60117(p)(2)(A)
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    (A) Before issuing an emergency order under paragraph (1), the Secretary shall consider, as appropriate, the following 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.
  • 49 U.S.C. § 60117(p)(2)(B)
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    (B) In considering the factors under subparagraph (A), the Secretary shall consult, as the Secretary determines appropriate, with appropriate Federal agencies, State agencies, and other entities knowledgeable in pipeline safety or operations.
  • 49 U.S.C. § 60117(p)(3)
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    (3) 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 obtaining relief from the order;
    (E) how the order is tailored to abate the imminent hazard and the reasons the authorities under section 60112 and subsection (m) are insufficient to do so; and
    (F) how the considerations were taken into account pursuant to paragraph (2).
  • 49 U.S.C. § 60117(p)(4)
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    (4) 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 determine whether the order should remain in effect, be modified, or be terminated.
  • 49 U.S.C. § 60117(p)(5)
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    (5) If a petition for review of an emergency order is filed under paragraph (4) and an agency decision 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.
  • 49 U.S.C. § 60117(p)(6)(A)
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    (A) 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 emergency 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.
  • 49 U.S.C. § 60117(p)(6)(B)
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    (B) 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 paragraph (5), unless stayed or modified by the Secretary.
  • 49 U.S.C. § 60117(p)(7)(A)
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    (A) 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 necessary to carry out this subsection. The temporary regulations shall expire on the date of issuance of the final regulations required under subparagraph (B).
  • 49 U.S.C. § 60117(p)(7)(B)
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    (B) 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 Federal Regulations, and is otherwise consistent with the review process developed under such section, to the greatest extent practicable and not inconsistent with this section.
  • 49 U.S.C. § 60117(p)(9)(A)
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    (A) alter, amend, or limit the Secretary’s obligations under, or the applicability of, section 553 of title 5; or
  • 49 U.S.C. § 60118(b)
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    (b) The Secretary of Transportation may issue orders directing compliance with this chapter, an order under section 60126, or a regulation prescribed under this chapter. An order shall state clearly the action a person must take to comply.
  • 49 U.S.C. § 60118(c)(1)(A)
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    (A) 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 prescribed under this chapter with respect to such facility on terms the Secretary considers appropriate if the Secretary determines that the waiver is not inconsistent with pipeline safety.
  • 49 U.S.C. § 60118(c)(1)(B)
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    (B) The Secretary may act on a waiver under this paragraph only after notice and an opportunity for a hearing.
  • 49 U.S.C. § 60118(c)(2)(A)
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    (A) The Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter on terms the Secretary considers appropriate 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 emergency caused by a natural or manmade disaster.
  • 49 U.S.C. § 60118(c)(2)(B)
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    (B) A waiver under this paragraph may be issued for a period of not more than 60 days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing on the waiver. The Secretary shall immediately revoke the waiver if continuation of the waiver would not be consistent with the goals and objectives of this chapter.
  • 49 U.S.C. § 60118(c)(3)
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    (3) The Secretary shall state in an order issued under this subsection the reasons for granting the waiver.
  • 49 U.S.C. § 60118(d)
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    (d) If a certification under section 60105 of this title or an agreement under section 60106 of this title is in effect, the State authority may waive compliance with a safety standard to which the certification or agreement applies in the same way and to the same extent the Secretary may waive compliance under subsection (c) of this section. However, the authority must give the Secretary written notice of the waiver at least 60 days before its effective date. If the Secretary makes a written objection before the effective date of the waiver, the waiver is stayed. After notifying the authority of the objection, the Secretary shall provide a prompt opportunity for a hearing. The Secretary shall make the final decision on granting the waiver.
  • 49 U.S.C. § 60118(e)(1)
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    (1) If the Secretary or the National Transportation Safety Board investigates an accident or incident involving a pipeline facility, the operator of the facility shall—
    (A) make available to the Secretary or the Board all records and information that in any way pertain to the accident or incident, including integrity management plans and test results; and
    (B) afford all reasonable assistance in the investigation of the accident or incident.
  • 49 U.S.C. § 60118(e)(1)(A)
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    (A) make available to the Secretary or the Board all records and information that in any way pertain to the accident or incident, including integrity management plans and test results; and
  • 49 U.S.C. § 60118(e)(2)(A)
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    (A) The Secretary may impose a civil penalty under section 60122 on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under this chapter.
  • 49 U.S.C. § 60119(a)(1)
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    (1) Except as provided in subsection (b) of this section, a person adversely affected by a regulation prescribed under this chapter or an order issued under this chapter may apply for review of the regulation or order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 89 days after the regulation is prescribed or order is issued. The clerk of the court immediately shall send a copy of the petition to the Secretary of Transportation.
  • 49 U.S.C. § 60119(b)(1)
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    (1) A person adversely affected by an order issued under section 60111 of this title may apply for review of the order by filing a petition for review in the appropriate court of appeals of the United States. The petition must be filed not later than 60 days after the order is issued. Findings of fact the Secretary makes are conclusive if supported by substantial evidence.
  • 49 U.S.C. § 60120(a)(1)
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    (1) At the request of the Secretary of Transportation, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter, including section 60112, or a regulation prescribed or order issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties, considering the same factors as prescribed for the Secretary in an administrative case under section 60122. The maximum amount of civil penalties for administrative enforcement actions under section 60122 shall not apply to enforcement actions under this section.
  • 49 U.S.C. § 60120(a)(2)
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    (2) At the request of the Secretary, the Attorney General may bring a civil action in a district court of the United States to require a person to comply immediately with a subpena or to allow an officer, employee, or agent authorized by the Secretary to enter the premises, and inspect the records and property, of the person to decide whether the person is complying with this chapter. The action may be brought in the judicial district in which the defendant resides, is found, or does business. The court may punish a failure to obey the order as a contempt of court.
  • 49 U.S.C. § 60121(a)(1)(A)
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    (A) may bring the action only after 60 days after the person has given notice of the violation to the Secretary of Transportation or to the appropriate State authority (when the violation is alleged to have occurred in a State certified under section 60105 of this title) and to the person alleged to have committed the violation;
  • 49 U.S.C. § 60121(a)(1)(B)
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    (B) may not bring the action if the Secretary or authority has begun and diligently is pursuing an administrative proceeding for the violation; and
  • 49 U.S.C. § 60121(a)(2)
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    (2) The Secretary shall prescribe the way in which notice is given under this subsection.
  • 49 U.S.C. § 60121(a)(3)
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    (3) The Secretary, with the approval of the Attorney General, or the Attorney General may intervene in an action under paragraph (1) of this subsection.
  • 49 U.S.C. § 60122(a)(1)
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    (1) A person that the Secretary of Transportation decides, after written notice and an opportunity for a hearing, has violated section 60114(b), 60114(d), or 60118(a) of this title or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of not more than $200,000 for each violation. A separate violation occurs for each day the violation continues. The maximum civil penalty under this paragraph for a related series of violations is $2,000,000.
  • 49 U.S.C. § 60122(b)(1)
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    (1) the Secretary shall consider—
    (A) the nature, circumstances, and gravity of the violation, including adverse impact on the environment;
    (B) with respect to the violator, the degree of culpability, any history of prior violations, and any effect on ability to continue doing business;
    (C) good faith in attempting to comply; and
    (D) self-disclosure and correction of violations, or actions to correct a violation, prior to discovery by the Pipeline and Hazardous Materials Safety Administration; and
  • 49 U.S.C. § 60122(b)(2)
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    (2) the Secretary may consider—
    (A) the economic benefit gained from the violation without any reduction because of subsequent damages; and
    (B) other matters that justice requires.
  • 49 U.S.C. § 60122(c)(1)
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    (1) The Secretary may request the Attorney General to bring a civil action in an appropriate district court of the United States to collect a civil penalty imposed under this section.
  • 49 U.S.C. § 60122(c)(2)
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    (2) The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General.
  • 49 U.S.C. § 60124(a)
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    (a) Not later than August 15, 1997, and every 2 years thereafter, the Secretary of Transportation shall submit to Congress a report on carrying out this chapter for the 2 immediately preceding calendar years for gas and a report on carrying out this chapter for such period for hazardous liquid. Each report shall include the following information about the prior year for gas or hazardous liquid, as appropriate:
    (1) a thorough compilation of the leak repairs, accidents, and casualties and a statement of cause when investigated and established by the National Transportation Safety Board.
    (2) a list of applicable pipeline safety standards prescribed under this chapter including identification of standards prescribed during the year.
    (3) a summary of the reasons for each waiver granted under section 60118(c) and (d) of this title.
    (4) an evaluation of the degree of compliance with applicable safety standards, including a list of enforcement actions and compromises of alleged violations by location and company name.
    (5) a summary of outstanding problems in carrying out this chapter, in order of priority.
    (6) an analysis and evaluation of—
    (A) research activities, including their policy implications, completed as a result of the United States Government and private sponsorship;
    (B) technological progress in safety achieved; and
    (C) a summary of each research and development project carried out with Federal and non-Federal entities pursuant to section 12 of the Pipeline Safety Improvement Act of 2002 and a review of how the project affects safety.
    (7) a list, with a brief statement of the issues, of completed or pending judicial actions under this chapter.
    (8) the extent to which technical information was distributed to the scientific community and consumer-oriented information was made available to the public.
    (9) a compilation of certifications filed under section 60105 of this title that were—
    (A) in effect; or
    (B) rejected in any part by the Secretary and a summary of the reasons for each rejection.
    (10) a compilation of agreements made under section 60106 of this title that were—
    (A) in effect; or
    (B) ended in any part by the Secretary and a summary of the reasons for ending each agreement.
    (11) a description of the number and qualifications of State pipeline safety inspectors in each State for which a certification under section 60105 of this title or an agreement under section 60106 of this title is in effect and the number and qualifications of inspectors the Secretary recommends for that State.
    (12) recommendations for legislation the Secretary considers necessary—
    (A) to promote cooperation among the States in improving—
    (i) gas pipeline safety; or
    (ii) hazardous liquid pipeline safety programs; and
    (B) to strengthen the national gas pipeline safety program.
  • 49 U.S.C. § 60124(a)(9)(B)
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    (B) rejected in any part by the Secretary and a summary of the reasons for each rejection.
  • 49 U.S.C. § 60124(a)(10)(B)
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    (B) ended in any part by the Secretary and a summary of the reasons for ending each agreement.
  • 49 U.S.C. § 60124(a)(11)
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    (11) a description of the number and qualifications of State pipeline safety inspectors in each State for which a certification under section 60105 of this title or an agreement under section 60106 of this title is in effect and the number and qualifications of inspectors the Secretary recommends for that State.
  • 49 U.S.C. § 60124(a)(12)
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    (12) recommendations for legislation the Secretary considers necessary—
    (A) to promote cooperation among the States in improving—
    (i) gas pipeline safety; or
    (ii) hazardous liquid pipeline safety programs; and
    (B) to strengthen the national gas pipeline safety program.
  • 49 U.S.C. § 60124(b)
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    (b) The Secretary may submit one report to carry out subsection (a) of this section.
  • 49 U.S.C. § 60125(a)(1)
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    (1) From fees collected under section 60301, there are authorized to be appropriated to the Secretary to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter relating to gas and hazardous liquid—
    (A) $156,400,000 for fiscal year 2021, of which—
    (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
    (ii) $63,000,000 shall be used for making grants;
    (B) $158,500,000 for fiscal year 2022, of which—
    (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
    (ii) $66,000,000 shall be used for making grants; and
    (C) $162,700,000 for fiscal year 2023, of which—
    (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355); and
    (ii) $69,000,000 shall be used for making grants.
  • 49 U.S.C. § 60125(a)(3)
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    (3) From fees collected under section 60302, there is authorized to be appropriated to the Secretary to carry out section 60141 $8,000,000 for each of fiscal years 2021 through 2023.
  • 49 U.S.C. § 60125(a)(4)
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    (4) From amounts made available to the Secretary under paragraphs (1) and (2), the Secretary shall use—
    (A) $1,520,000 to carry out section 102(b)(1) of the PIPES Act of 2020, of which—
    (i) $1,292,000 shall be from amounts made available under paragraph (1)(A); and
    (ii) $228,000 shall be from amounts made available under paragraph (2)(A);
    (B) $2,300,000 to carry out section 102(b)(2)(A) of the PIPES Act of 2020, of which—
    (i) $1,955,000 shall be from amounts made available under paragraph (1)(A); and
    (ii) $345,000 shall be from amounts made available under paragraph (2)(A);
    (C) $1,600,000 to carry out section 102(b)(2)(B) of the PIPES Act of 2020, of which—
    (i) $1,360,000 shall be from amounts made available under paragraph (1)(B); and
    (ii) $240,000 shall be from amounts made available under paragraph (2)(B);
    (D) $1,800,000 to carry out section 102(b)(2)(C) of the PIPES Act of 2020, of which—
    (i) $1,530,000 shall be from amounts made available under paragraph (1)(C); and
    (ii) $270,000 shall be from amounts made available under paragraph (2)(C);
    (E) $2,455,000 to carry out section 102(c) of the PIPES Act of 2020 in fiscal year 2021, of which—
    (i) $2,086,750 shall be from amounts made available under paragraph (1)(A); and
    (ii) $368,250 shall be from amounts made available under paragraph (2)(A);
    (F) $2,455,000 to carry out section 102(c) of the PIPES Act of 2020 in fiscal year 2022, of which—
    (i) $2,086,750 shall be from amounts made available under paragraph (1)(B); and
    (ii) $368,250 shall be from amounts made available under paragraph (2)(B); and
    (G) $2,455,000 to carry out section 102(c) of the PIPES Act of 2020 in fiscal year 2023, of which—
    (i) $2,086,750 shall be from amounts made available under paragraph (1)(C); and
    (ii) $368,250 shall be from amounts made available under paragraph (2)(C).
  • 49 U.S.C. § 60125(b)(1)
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    (1) The Secretary may establish a program for making grants to State, county, and local governments in high consequence areas, as defined by the Secretary, for emergency response management, training, and technical assistance. To the extent that such grants are used to train emergency responders, such training shall ensure that emergency responders have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving gas or hazardous liquid pipelines, in accordance with existing regulations.
  • 49 U.S.C. § 60125(c)
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    (c) The Secretary may credit to an appropriation authorized under subsection (a) amounts received from sources other than the Government for reimbursement for expenses incurred by the Secretary in providing training.
  • 49 U.S.C. § 60126(a)(1)
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    (1) The Secretary shall establish risk management demonstration projects—
    (A) to demonstrate, through the voluntary participation by owners and operators of gas pipeline facilities and hazardous liquid pipeline facilities, the application of risk management; and
    (B) to evaluate the safety and cost-effectiveness of the program.
  • 49 U.S.C. § 60126(a)(2)
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    (2) In carrying out a demonstration project under this subsection, the Secretary, by order—
    (A) may exempt an owner or operator of the pipeline facility covered under the project (referred to in this subsection as a “covered pipeline facility”), from the applicability of all or a portion of the requirements under this chapter that would otherwise apply to the covered pipeline facility; and
    (B) shall exempt, for the period of the project, an owner or operator of the covered pipeline facility, from the applicability of any new standard that the Secretary promulgates under this chapter during the period of that participation, with respect to the covered facility.
  • 49 U.S.C. § 60126(a)(2)(B)
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    (B) shall exempt, for the period of the project, an owner or operator of the covered pipeline facility, from the applicability of any new standard that the Secretary promulgates under this chapter during the period of that participation, with respect to the covered facility.
  • 49 U.S.C. § 60126(b)
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    (b) In carrying out a demonstration project under this section, the Secretary shall—
    (1) invite owners and operators of pipeline facilities to submit risk management plans for timely approval by the Secretary;
    (2) require, as a condition of approval, that a risk management plan submitted under this subsection contain measures that are designed to achieve an equivalent or greater overall level of safety than would otherwise be achieved through compliance with the standards contained in this chapter or promulgated by the Secretary under this chapter;
    (3) provide for—
    (A) collaborative government and industry training;
    (B) methods to measure the safety performance of risk management plans;
    (C) the development and application of new technologies;
    (D) the promotion of community awareness concerning how the overall level of safety will be maintained or enhanced by the demonstration project;
    (E) the development of models that categorize the risks inherent to each covered pipeline facility, taking into consideration the location, volume, pressure, and material transported or stored by that pipeline facility;
    (F) the application of risk assessment and risk management methodologies that are suitable to the inherent risks that are determined to exist through the use of models developed under subparagraph (E);
    (G) the development of project elements that are necessary to ensure that—
    (i) the owners and operators that participate in the demonstration project demonstrate that they are effectively managing the risks referred to in subparagraph (E); and
    (ii) the risk management plans carried out under the demonstration project under this subsection can be audited;
    (H) a process whereby an owner or operator of a pipeline facility is able to terminate a risk management plan or, with the approval of the Secretary, to amend, modify, or otherwise adjust a risk management plan referred to in paragraph (1) that has been approved by the Secretary pursuant to that paragraph to respond to—
    (i) changed circumstances; or
    (ii) a determination by the Secretary that the owner or operator is not achieving an overall level of safety that is at least equivalent to the level that would otherwise be achieved through compliance with the standards contained in this chapter or promulgated by the Secretary under this chapter;
    (I) such other elements as the Secretary, with the agreement of the owners and operators that participate in the demonstration project under this section, determines to further the purposes of this section; and
    (J) an opportunity for public comment in the approval process; and
    (4) in selecting participants for the demonstration project, take into consideration the past safety and regulatory performance of each applicant who submits a risk management plan pursuant to paragraph (1).
  • 49 U.S.C. § 60126(b)(1)
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    (1) invite owners and operators of pipeline facilities to submit risk management plans for timely approval by the Secretary;
  • 49 U.S.C. § 60126(b)(2)
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    (2) require, as a condition of approval, that a risk management plan submitted under this subsection contain measures that are designed to achieve an equivalent or greater overall level of safety than would otherwise be achieved through compliance with the standards contained in this chapter or promulgated by the Secretary under this chapter;
  • 49 U.S.C. § 60126(b)(3)(H)
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    (H) a process whereby an owner or operator of a pipeline facility is able to terminate a risk management plan or, with the approval of the Secretary, to amend, modify, or otherwise adjust a risk management plan referred to in paragraph (1) that has been approved by the Secretary pursuant to that paragraph to respond to—
    (i) changed circumstances; or
    (ii) a determination by the Secretary that the owner or operator is not achieving an overall level of safety that is at least equivalent to the level that would otherwise be achieved through compliance with the standards contained in this chapter or promulgated by the Secretary under this chapter;
  • 49 U.S.C. § 60126(b)(3)(H)(ii)
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    (ii) a determination by the Secretary that the owner or operator is not achieving an overall level of safety that is at least equivalent to the level that would otherwise be achieved through compliance with the standards contained in this chapter or promulgated by the Secretary under this chapter;
  • 49 U.S.C. § 60126(b)(3)(I)
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    (I) such other elements as the Secretary, with the agreement of the owners and operators that participate in the demonstration project under this section, determines to further the purposes of this section; and
  • 49 U.S.C. § 60126(c)
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    (c) Nothing in this section diminishes or modifies the Secretary’s authority under this title to act in case of an emergency. The Secretary may revoke any exemption granted under this section for substantial noncompliance with the terms and conditions of an approved risk management plan.
  • 49 U.S.C. § 60126(d)
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    (d) In carrying out this section, the Secretary may provide for consultation by a State that has in effect a certification under section 60105. To the extent that a demonstration project comprises an intrastate natural gas pipeline or an intrastate hazardous liquid pipeline facility, the Secretary may make an agreement with the State agency to carry out the duties of the Secretary for approval and administration of the project.
  • 49 U.S.C. § 60126(e)
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    (e) Not later than March 31, 2000, the Secretary shall transmit to the Congress a report on the results of the demonstration projects carried out under this section that includes—
    (1) an evaluation of each such demonstration project, including an evaluation of the performance of each participant in that project with respect to safety and environmental protection; and
    (2) recommendations concerning whether the applications of risk management demonstrated under the demonstration project should be incorporated into the Federal pipeline safety program under this chapter on a permanent basis.
  • 49 U.S.C. § 60127(a)
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    (a) The Secretary of Transportation, in conjunction with the Federal Energy Regulatory Commission and in consultation with appropriate Federal agencies and State and local governments, shall undertake a study of land use practices, zoning ordinances, and preservation of environmental resources with regard to pipeline rights-of-way and their maintenance.
  • 49 U.S.C. § 60127(c)
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    (c) In conducting the study, the Secretary shall consider, at a minimum, the following:
    (1) The legal authority of Federal agencies and State and local governments in controlling land use and the limitations on such authority.
    (2) The current practices of Federal agencies and State and local governments in addressing land use issues involving a pipeline easement.
    (3) The most effective way to encourage Federal agencies and State and local governments to monitor and reduce encroachment upon pipeline rights-of-way.
  • 49 U.S.C. § 60127(d)(1)
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    (1) Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish a report identifying practices, laws, and ordinances that are most successful in addressing issues of encroachment and maintenance on pipeline rights-of-way so as to more effectively protect public safety, pipeline workers, and the environment.
  • 49 U.S.C. § 60127(d)(2)
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    (2) The Secretary shall provide a copy of the report to—
    (A) Congress and appropriate Federal agencies; and
    (B) States for further distribution to appropriate local authorities.
  • 49 U.S.C. § 60127(d)(3)
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    (3) The Secretary shall encourage Federal agencies and State and local governments to adopt and implement appropriate practices, laws, and ordinances, as identified in the report, to address the risks and hazards associated with encroachment upon pipeline rights-of-way and to address the potential methods of preserving environmental resources while maintaining pipeline rights-of-way, consistent with pipeline safety.
  • 49 U.S.C. § 60128(a)
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    (a) No person shall excavate for the purpose of unauthorized disposal within the right-of-way of an interstate gas pipeline facility or interstate hazardous liquid pipeline facility, or any other limited area in the vicinity of any such interstate pipeline facility established by the Secretary of Transportation, and dispose solid waste therein.
  • 49 U.S.C. § 60129(b)(1)
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    (1) A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 180 days after the date on which such violation occurs, file (or have any person file on his or her behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary of Labor shall notify, in writing, the person or persons named in the complaint and the Secretary of Transportation of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person or persons under paragraph (2).
  • 49 U.S.C. § 60129(b)(2)(A)
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    (A) Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the person or persons named in the complaint an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet with a representative of the Secretary of Labor to present statements from witnesses, the Secretary of Labor shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify in writing the complainant and the person or persons alleged to have committed a violation of subsection (a) of the Secretary of Labor’s findings. If the Secretary of Labor concludes that there is reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary of Labor shall include with the Secretary of Labor’s findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 60 days after the date of notification of findings under this subparagraph, any person alleged to have committed a violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Such hearings shall be conducted expeditiously. If a hearing is not requested in such 60-day period, the preliminary order shall be deemed a final order that is not subject to judicial review.
  • 49 U.S.C. § 60129(b)(2)(B)(i)
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    (i) The Secretary of Labor shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.
  • 49 U.S.C. § 60129(b)(2)(B)(ii)
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    (ii) Notwithstanding a finding by the Secretary of Labor that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior.
  • 49 U.S.C. § 60129(b)(2)(B)(iii)
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    (iii) The Secretary of Labor may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.
  • 49 U.S.C. § 60129(b)(3)(A)
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    (A) Not later than 90 days after the date of conclusion of a hearing under paragraph (2), the Secretary of Labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary of Labor, the complainant, and the person or persons alleged to have committed the violation.
  • 49 U.S.C. § 60129(b)(3)(B)
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    (B) If, in response to a complaint filed under paragraph (1), the Secretary of Labor determines that a violation of subsection (a) has occurred, the Secretary of Labor shall order the person or persons who committed such violation to—
    (i) take affirmative action to abate the violation;
    (ii) reinstate the complainant to his or her former position together with the compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and
    (iii) provide compensatory damages to the complainant.
    If such an order is issued under this paragraph, the Secretary of Labor, at the request of the complainant, shall assess against the person or persons against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorney’s and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by the complainant for, or in connection with, the bringing the complaint upon which the order was issued.
  • 49 U.S.C. § 60129(b)(3)(C)
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    (C) If the Secretary of Labor finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary of Labor may award to the prevailing employer a reasonable attorney’s fee not exceeding $1,000.
  • 49 U.S.C. § 60129(b)(3)(D)(i)
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    (i) With respect to a complaint under paragraph (1), if the Secretary of Labor has not issued a final decision by the date that is 210 days after the date on which the complaint was filed, and if the delay is not due to the bad faith of the employee who filed the complaint, that employee may bring an original action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such action without regard to the amount in controversy, and which action shall, at the request of either party to the action, be tried by the court with a jury.
  • 49 U.S.C. § 60129(b)(3)(D)(ii)
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    (ii) An original action described in clause (i) shall be governed by the same legal burdens of proof specified in paragraph (2)(B) for review by the Secretary of Labor.
  • 49 U.S.C. § 60129(b)(4)(A)
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    (A) Any person adversely affected or aggrieved by an order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review must be filed not later than 60 days after the date of issuance of the final order of the Secretary of Labor. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order.
  • 49 U.S.C. § 60129(b)(4)(B)
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    (B) An order of the Secretary of Labor with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding.
  • 49 U.S.C. § 60129(b)(5)
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    (5) Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief, including, but not to be limited to, injunctive relief and compensatory damages.
  • 49 U.S.C. § 60130(a)(1)
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    (1) The Secretary of Transportation may make grants for technical assistance to local communities, Indian Tribes, and groups of individuals (not including for-profit entities) relating to the safety of pipeline facilities in local communities, other than facilities regulated under Public Law 93–153 (43 U.S.C. 1651 et seq.). No grants may be awarded under section 60114(g) until the Secretary has established competitive procedures for awarding grants under this section and criteria for selecting grant recipients. Except as provided in subsection (c)(2), the amount of any grant under this section may not exceed $100,000 for a single grant recipient. The Secretary shall establish appropriate procedures to ensure the proper use of funds provided under this section.
  • 49 U.S.C. § 60130(c)(1)
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    (1) Subject to paragraph (2), out of amounts made available under section 2(b) of the PIPES Act of 2016 (Public Law 114–183; 130 Stat. 515), the Secretary shall use $2,000,000 for each of fiscal years 2021 through 2023 to carry out this section.
  • 49 U.S.C. § 60130(c)(2)
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    (2) From the amounts used to carry out this section under paragraph (1) each fiscal year, the Secretary shall award $1,000,000 to an eligible applicant through a competitive selection process for the purpose of improving the quality of technical assistance provided to communities or individuals under this section.
  • 49 U.S.C. § 60131(a)
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    (a) Subject to the requirements of this section, the Secretary of Transportation shall require the operator of a pipeline facility to develop and adopt a qualification program to ensure that the individuals who perform covered tasks are qualified to conduct such tasks.
  • 49 U.S.C. § 60131(b)(1)
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    (1) Not later than 1 year after the date of enactment of this section, the Secretary shall ensure that the Department of Transportation has in place standards and criteria for qualification programs referred to in subsection (a).
  • 49 U.S.C. § 60131(c)
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    (c) The Secretary shall require each pipeline operator to develop and adopt, not later than 2 years after the date of enactment of this section, a qualification program that complies with the standards and criteria described in subsection (b).
  • 49 U.S.C. § 60131(d)(1)
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    (1) A method for examining or testing the qualifications of individuals described in subsection (a). The method may include written examination, oral examination, observation during on-the-job performance, on-the-job training, simulations, and other forms of assessment. The method may not be limited to observation of on-the-job performance, except with respect to tasks for which the Secretary has determined that such observation is the best method of examining or testing qualifications. The Secretary shall ensure that the results of any such observations are documented in writing.
  • 49 U.S.C. § 60131(e)(1)
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    (1) The Secretary shall review the qualification program of each pipeline operator and verify its compliance with the standards and criteria described in subsection (b) and that it includes the elements described in subsection (d). The Secretary shall record the results of that review for use in the next review of an operator’s program.
  • 49 U.S.C. § 60131(e)(3)
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    (3) If the Secretary decides that a qualification program is inadequate for the safe operation of a pipeline facility, the Secretary shall act as under section 60108(a)(2) to require the operator to revise the qualification program.
  • 49 U.S.C. § 60131(e)(4)
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    (4) If the operator of a pipeline facility significantly modifies a program that has been verified under this subsection, the operator shall notify the Secretary of the modifications. The Secretary shall review and verify such modifications in accordance with paragraph (1).
  • 49 U.S.C. § 60131(e)(5)
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    (5) In accordance with section 60118(c), the Secretary may waive or modify any requirement of this section if the waiver or modification is not inconsistent with pipeline safety.
  • 49 U.S.C. § 60131(e)(6)
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    (6) Notwithstanding any failure of the Secretary to prescribe standards and criteria as described in subsection (b), an operator of a pipeline facility shall develop and adopt a qualification program that complies with the requirement of subsection (b)(2)(B) and includes the elements described in subsection (d) not later than 2 years after the date of enactment of this section.
  • 49 U.S.C. § 60131(f)
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    (f) In the case of an intrastate pipeline facility operator, the duties and powers of the Secretary under this section with respect to the qualification program of the operator shall be vested in the appropriate State regulatory agency, consistent with this chapter.
  • 49 U.S.C. § 60131(h)
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    (h) Not later than 4 years after the date of enactment of this section, the Secretary shall transmit to Congress a report on the status and results to date of the personnel qualification regulations issued under this chapter.
  • 49 U.S.C. § 60132(a)
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    (a) Not later than 6 months after the date of enactment of this section, the operator of a pipeline facility (except distribution lines and gathering lines) shall provide to the Secretary of Transportation the following information with respect to the facility:
    (1) Geospatial data appropriate for use in the National Pipeline Mapping System or data in a format that can be readily converted to geospatial data.
    (2) The name and address of the person with primary operational control to be identified as its operator for purposes of this chapter.
    (3) A means for a member of the public to contact the operator for additional information about the pipeline facilities it operates.
    (4) Any other geospatial or technical data, including design and material specifications, that the Secretary determines are necessary to carry out the purposes of this section. The Secretary shall give reasonable notice to operators that the data are being requested.
  • 49 U.S.C. § 60132(a)(4)
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    (4) Any other geospatial or technical data, including design and material specifications, that the Secretary determines are necessary to carry out the purposes of this section. The Secretary shall give reasonable notice to operators that the data are being requested.
  • 49 U.S.C. § 60132(b)
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    (b) A person providing information under subsection (a) shall provide to the Secretary updates of the information to reflect changes in the pipeline facility owned or operated by the person and as otherwise required by the Secretary.
  • 49 U.S.C. § 60132(c)
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    (c) The Secretary may provide technical assistance to State and local officials to improve local response capabilities for pipeline emergencies by adapting information available through the National Pipeline Mapping System to software used by emergency response personnel responding to pipeline emergencies.
  • 49 U.S.C. § 60132(d)
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    (d) The Secretary shall—
    (1) maintain, as part of the National Pipeline Mapping System, a map of designated high-consequence areas (as described in section 60109(a)) in which pipelines are required to meet integrity management program regulations, excluding any proprietary or sensitive security information; and
    (2) update the map biennially.
  • 49 U.S.C. § 60132(e)
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    (e) Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop and implement a program promoting greater awareness of the existence of the National Pipeline Mapping System to State and local emergency responders and other interested parties. The program shall include guidance on how to use the National Pipeline Mapping System to locate pipelines in communities and local jurisdictions.
  • 49 U.S.C. § 60132(f)
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    (f) The Secretary may not disclose information collected pursuant to subsection (a) except to the extent permitted by section 552 of title 5.
  • 49 U.S.C. § 60133(a)(1)
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    (1) Not later than 30 days after the date of enactment of this section, the President shall establish an Interagency Committee to develop and ensure implementation of a coordinated environmental review and permitting process in order to enable pipeline operators to commence and complete all activities necessary to carry out pipeline repairs within any time periods specified by rule by the Secretary.
  • 49 U.S.C. § 60133(a)(2)(A)
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    (A) The Secretary of Transportation.
  • 49 U.S.C. § 60133(a)(2)(G)
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    (G) The Assistant Secretary of the Army for Civil Works.
  • 49 U.S.C. § 60133(a)(4)
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    (4) Based upon the evaluation required under paragraph (3) and not later than 1 year after the date of enactment of this section, the members of the Interagency Committee shall enter into a memorandum of understanding to provide for a coordinated and expedited pipeline repair permit review process to carry out the purpose set forth in paragraph (1). The Interagency Committee shall include provisions in the memorandum of understanding identifying those repairs or categories of repairs described in paragraph (1) for which the best practices identified under paragraph (3), when properly employed by a pipeline operator, would result in no more than minimal adverse effects on the environment and for which discretionary administrative reviews may therefore be minimized or eliminated. With respect to pipeline repairs described in paragraph (1) to which the preceding sentence would not be applicable, the Interagency Committee shall include provisions to enable pipeline operators to commence and complete all activities necessary to carry out pipeline repairs within any time periods specified by rule by the Secretary. The Interagency Committee shall include in the memorandum of understanding criteria under which permits required for such pipeline repair activities should be prioritized over other less urgent agency permit application reviews. The Interagency Committee shall not enter into a memorandum of understanding under this paragraph except by unanimous agreement of the members of the Interagency Committee.
  • 49 U.S.C. § 60133(d)(1)
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    (1) Not later than 30 days after the date of enactment of this section, and subject to the limitations in paragraph (2), the Secretary of Transportation shall revise the regulations of the Department, to the extent necessary, to permit a pipeline operator subject to time periods for repair specified by rule by the Secretary to implement alternative mitigation measures until all applicable permits have been granted.
  • 49 U.S.C. § 60133(d)(2)
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    (2) The regulations issued by the Secretary pursuant to this subsection shall not allow an operator to implement alternative mitigation measures pursuant to paragraph (1) unless—
    (A) allowing the operator to implement such measures would be consistent with the protection of human health, public safety, and the environment;
    (B) the operator, with respect to a particular repair project, has applied for and is pursuing diligently and in good faith all required Federal, State, and local permits to carry out the project; and
    (C) the proposed alternative mitigation measures are not incompatible with pipeline safety.
  • 49 U.S.C. § 60133(e)
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    (e) The Secretary shall designate an ombudsman to assist in expediting pipeline repairs and resolving disagreements between Federal, State, and local permitting agencies and the pipeline operator during agency review of any pipeline repair activity, consistent with protection of human health, public safety, and the environment.
  • 49 U.S.C. § 60133(f)
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    (f) The Secretary shall encourage States and local governments to consolidate their respective permitting processes for pipeline repair projects subject to any time periods for repair specified by rule by the Secretary. The Secretary may request other relevant Federal agencies to provide technical assistance to States and local governments for the purpose of encouraging such consolidation.
  • 49 U.S.C. § 60134(a)
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    (a) The Secretary may make a grant to a State authority (including a municipality with respect to intrastate gas pipeline transportation) to assist in improving the overall quality and effectiveness of a damage prevention program of the State authority under subsection (e) if the State authority—
    (1) has in effect an annual certification under section 60105 or an agreement under section 60106;
    (A) has in effect an effective damage prevention program that meets the requirements of subsection (b); or
    (B) demonstrates that it has made substantial progress toward establishing such a program, and that such program will meet the requirements of subsection (b); and
    (3) does not provide any exemptions to municipalities, State agencies, or their contractors from the one-call notification system requirements of the program.
  • 49 U.S.C. § 60134(c)
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    (c) In making grants under this section, the Secretary shall take into consideration the commitment of each State to ensuring the effectiveness of its damage prevention program, including legislative and regulatory actions taken by the State.
  • 49 U.S.C. § 60134(d)
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    (d) If a State authority files an application for a grant under this section not later than September 30 of a calendar year and demonstrates that the Governor (or chief executive) of the State has designated it as the appropriate State authority to receive the grant, the Secretary shall review the State’s damage prevention program to determine its effectiveness.
  • 49 U.S.C. § 60134(f)
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    (f) A grant made under this section is not subject to the section 60107(a) limitation on the maximum percentage of funds to be paid by the Secretary.
  • 49 U.S.C. § 60134(i)
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    (i) There is authorized to be appropriated to the Secretary to provide grants under this section $1,500,000 for each of fiscal years 2021 through 2023. Such funds shall remain available until expended.
  • 49 U.S.C. § 60135(a)
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    (a) Not later than December 31, 2007, the Secretary shall—
    (1) provide a monthly updated summary to the public of all gas and hazardous liquid pipeline enforcement actions taken by the Secretary or the Pipeline and Hazardous Materials Safety Administration, from the time a notice commencing an enforcement action is issued until the enforcement action is final;
    (2) include in each such summary identification of the operator involved in the enforcement activity, the type of alleged violation, the penalty or penalties proposed, any changes in case status since the previous summary, the final assessment amount of each penalty, and the reasons for a reduction in the proposed penalty, if appropriate; and
    (3) provide a mechanism by which a pipeline operator named in an enforcement action may make information, explanations, or documents it believes are responsive to the enforcement action available to the public.
  • 49 U.S.C. § 60135(a)(1)
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    (1) provide a monthly updated summary to the public of all gas and hazardous liquid pipeline enforcement actions taken by the Secretary or the Pipeline and Hazardous Materials Safety Administration, from the time a notice commencing an enforcement action is issued until the enforcement action is final;
  • 49 U.S.C. § 60136(a)
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    (a) The Secretaries of Transportation and Energy shall conduct periodic analyses of the domestic transport of petroleum products by pipeline. Such analyses should identify areas of the United States where unplanned loss of individual pipeline facilities may cause shortages of petroleum products or price disruptions and where shortages of pipeline capacity and reliability concerns may have or are anticipated to contribute to shortages of petroleum products or price disruptions. Upon identifying such areas, the Secretaries may determine if the current level of regulation is sufficient to minimize the potential for unplanned losses of pipeline capacity.
  • 49 U.S.C. § 60136(b)
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    (b) In preparing any analysis under this section, the Secretaries may consult with the heads of other government agencies and public- and private-sector experts in pipeline and other forms of petroleum product transportation, energy consumption, pipeline capacity, population, and economic development.
  • 49 U.S.C. § 60136(c)
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    (c) Not later than June 1, 2008, the Secretaries shall submit to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate a report setting forth their recommendations to reduce the likelihood of the shortages and price disruptions referred to in subsection (a).
  • 49 U.S.C. § 60136(d)
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    (d) The Secretaries shall submit additional reports to the congressional committees referred to in subsection (c) containing the results of any subsequent analyses performed under subsection (a) and any additional recommendations, as appropriate.
  • 49 U.S.C. § 60137(a)
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    (a) Not later than June 1, 2008, the Secretary shall issue regulations requiring each operator of a gas or hazardous liquid pipeline to develop, implement, and submit to the Secretary or, in the case of an operator of an intrastate pipeline located within the boundaries of a State that has in effect an annual certification under section 60105, to the head of the appropriate State authority, a human factors management plan designed to reduce risks associated with human factors, including fatigue, in each control center for the pipeline. Each plan must include, among the measures to reduce such risks, a maximum limit on the hours of service established by the operator for individuals employed as controllers in a control center for the pipeline.
  • 49 U.S.C. § 60137(b)
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    (b) The Secretary or, in the case of an operator of an intrastate pipeline located within the boundaries of a State that has in effect an annual certification under section 60105, the head of the appropriate State authority, shall review and approve each plan submitted to the Secretary or the head of such authority under subsection (a). The Secretary and the head of such authority may not approve a plan that does not include a maximum limit on the hours of service established by the operator of the pipeline for individuals employed as controllers in a control center for the pipeline.
  • 49 U.S.C. § 60137(c)
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    (c) If the Secretary or the head of the appropriate State authority determines that an operator’s plan submitted to the Secretary or the head of such authority under subsection (a), or implementation of such a plan, does not comply with the regulations issued under this section or is inadequate for the safe operation of a pipeline, the Secretary or the head of such authority may take action consistent with this chapter and enforce the requirements of such regulations.
  • 49 U.S.C. § 60137(d)
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    (d) Each operator of a gas or hazardous liquid pipeline shall document compliance with the plan submitted by the operator under subsection (a) and the reasons for any deviation from compliance with such plan. The Secretary or the head of the appropriate State authority, as the case may be, shall review the reasonableness of any such deviation in considering whether to take enforcement action or discontinue approval of the operator’s plan under subsection (b).
  • 49 U.S.C. § 60137(e)
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    (e) In issuing regulations under subsection (a), the Secretary shall develop and include in such regulations requirements for an operator of a gas or hazardous liquid pipeline to report deviations from compliance with the plan submitted by the operator under subsection (a).
  • 49 U.S.C. § 60138(a)
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    (a) The Secretary of Transportation shall—
    (1) maintain on file a copy of the most recent response plan (as defined in part 194 of title 49, Code of Federal Regulations) prepared by an owner or operator of a pipeline facility; and
    (2) provide upon written request to a person a copy of the plan, which may exclude, as the Secretary determines appropriate—
    (A) proprietary information;
    (B) security-sensitive information, including information described in section 1520.5(a) of title 49, Code of Federal Regulations;
    (C) specific response resources and tactical resource deployment plans; and
    (D) the specific amount and location of worst case discharges (as defined in part 194 of title 49, Code of Federal Regulations), including the process by which an owner or operator determines the worst case discharge.
  • 49 U.S.C. § 60138(a)(2)
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    (2) provide upon written request to a person a copy of the plan, which may exclude, as the Secretary determines appropriate—
    (A) proprietary information;
    (B) security-sensitive information, including information described in section 1520.5(a) of title 49, Code of Federal Regulations;
    (C) specific response resources and tactical resource deployment plans; and
    (D) the specific amount and location of worst case discharges (as defined in part 194 of title 49, Code of Federal Regulations), including the process by which an owner or operator determines the worst case discharge.
  • 49 U.S.C. § 60139(a)(1)
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    (1) The Secretary of Transportation shall require each owner or operator of a pipeline facility to conduct, not later than 6 months after the date of enactment of this section, a verification of the records of the owner or operator relating to the interstate and intrastate gas transmission pipelines of the owner or operator in class 3 and class 4 locations and class 1 and class 2 high-consequence areas.
  • 49 U.S.C. § 60139(a)(3)
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    (3) The verification process under this subsection shall include such elements as the Secretary considers appropriate.
  • 49 U.S.C. § 60139(b)(1)
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    (1) Not later than 18 months after the date of enactment of this section, each owner or operator of a pipeline facility shall identify and submit to the Secretary documentation relating to each pipeline segment of the owner or operator described in subsection (a)(1) for which the records of the owner or operator are insufficient to confirm the established maximum allowable operating pressure of the segment.
  • 49 U.S.C. § 60139(b)(2)
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    (2) If there is an exceedance of the maximum allowable operating pressure with respect to a gas transmission pipeline of an owner or operator of a pipeline facility that exceeds the build-up allowed for operation of pressure-limiting or control devices, the owner or operator shall report the exceedance to the Secretary and appropriate State authorities on or before the 5th day following the date on which the exceedance occurs.
  • 49 U.S.C. § 60139(c)(1)
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    (1) In the case of a transmission line of an owner or operator of a pipeline facility identified under subsection (b)(1), the Secretary shall—
    (A) require the owner or operator to reconfirm a maximum allowable operating pressure as expeditiously as economically feasible; and
    (B) determine what actions are appropriate for the pipeline owner or operator to take to maintain safety until a maximum allowable operating pressure is confirmed.
  • 49 U.S.C. § 60139(c)(2)
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    (2) In determining the actions for an owner or operator of a pipeline facility to take under paragraph (1)(B), the Secretary shall take into account potential consequences to public safety and the environment, potential impacts on pipeline system reliability and deliverability, and other factors, as appropriate.
  • 49 U.S.C. § 60139(d)(1)
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    (1) Not later than 18 months after the date of enactment of this section, the Secretary shall issue regulations for conducting tests to confirm the material strength of previously untested natural gas transmission pipelines located in high-consequence areas and operating at a pressure greater than 30 percent of specified minimum yield strength.
  • 49 U.S.C. § 60139(d)(2)
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    (2) In developing the regulations, the Secretary shall consider safety testing methodologies, including, at a minimum—
    (A) pressure testing; and
    (B) other alternative methods, including in-line inspections, determined by the Secretary to be of equal or greater effectiveness.
  • 49 U.S.C. § 60139(d)(2)(B)
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    (B) other alternative methods, including in-line inspections, determined by the Secretary to be of equal or greater effectiveness.
  • 49 U.S.C. § 60139(d)(3)
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    (3) The Secretary, in consultation with the Chairman of the Federal Energy Regulatory Commission and State regulators, as appropriate, shall establish timeframes for the completion of such testing that take into account potential consequences to public safety and the environment and that minimize costs and service disruptions.
  • 49 U.S.C. § 60140(a)(1)
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    (1) The Secretary of Transportation shall conduct a study of hazardous liquid pipeline incidents at crossings of inland bodies of water with a width of at least 100 feet from high water mark to high water mark to determine if the depth of cover over the buried pipeline was a factor in any accidental release of hazardous liquids.
  • 49 U.S.C. § 60140(a)(2)
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    (2) Not later than 1 year after the date of enactment of this section, the Secretary shall transmit to the Committee on Transportation and Infrastructure 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 on the results of the study.
  • 49 U.S.C. § 60140(b)(1)
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    (1) If, following completion of the study under subsection (a), the Secretary finds that the depth of cover over buried pipelines is a contributing factor in the accidental release of hazardous liquids from the pipelines, the Secretary, not later than 1 year after the date of completion of the study, shall review and determine the sufficiency of current requirements for the depth of cover over buried pipelines.
  • 49 U.S.C. § 60140(b)(2)(A)
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    (A) If the Secretary determines under paragraph (1) that the current requirements for the depth of cover over buried pipelines are insufficient, the Secretary shall develop legislative recommendations for improving the safety of buried pipelines at crossings of inland bodies of water with a width of at least 100 feet from high water mark to high water mark.
  • 49 U.S.C. § 60140(b)(2)(B)
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    (B) In developing legislative recommendations under subparagraph (A), the Secretary shall consider the factors specified in section 60102(b)(2).
  • 49 U.S.C. § 60140(b)(2)(C)
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    (C) If the Secretary develops legislative recommendations under subparagraph (A), the Secretary shall submit to the committees referred to in subsection (a)(2) a report containing the legislative recommendations.
  • 49 U.S.C. § 60141(a)
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    (a) Not later than 2 years after the date of enactment of the PIPES Act of 2016, the Secretary, in consultation with the heads of other relevant Federal agencies, shall issue minimum safety standards for underground natural gas storage facilities.
  • 49 U.S.C. § 60141(b)
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    (b) In developing the safety standards required under subsection (a), the Secretary shall, to the extent practicable—
    (1) consider consensus standards for the operation, environmental protection, and integrity management of underground natural gas storage facilities;
    (2) consider the economic impacts of the regulations on individual gas customers;
    (3) ensure that the regulations do not have a significant economic impact on end users; and
    (4) consider the recommendations of the Aliso Canyon natural gas leak task force established under section 31 of the PIPES Act of 2016.
  • 49 U.S.C. § 60141(c)
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    (c) The Secretary may authorize a State authority (including a municipality) to participate in the oversight of underground natural gas storage facilities in the same manner as provided in sections 60105 and 60106.
  • 49 U.S.C. § 60141(d)(2)
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    (2) Nothing in this section may be construed to authorize the Secretary—
    (A) to prescribe the location of an underground natural gas storage facility; or
    (B) to require the Secretary’s permission to construct a facility referred to in subparagraph (A).
  • 49 U.S.C. § 60141(d)(2)(B)
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    (B) to require the Secretary’s permission to construct a facility referred to in subparagraph (A).
  • 49 U.S.C. § 60141(f)
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    (f) Nothing in this section shall be construed to affect the Secretary’s authority under this title to regulate the underground storage of gas that is not natural gas.
  • 49 U.S.C. § 60142(a)
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    (a) The Secretary may establish and carry out limited safety-enhancing testing programs to evaluate innovative technologies and operational practices testing the safe operation of—
    (1) a natural gas pipeline facility; or
    (2) a hazardous liquid pipeline facility.
  • 49 U.S.C. § 60142(b)(2)
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    (2) The Secretary shall limit the miles of pipelines that each operator can test under each program established under subsection (a) to the lesser of—
    (A) 38 percent of the total miles of pipelines in the system of the operator that are regulated by—
    (i) the Pipeline and Hazardous Materials Safety Administration; or
    (ii) a State authority under section 60105 or 60106; or
    (B) 1,000 miles.
  • 49 U.S.C. § 60142(b)(4)(A)
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    (A) Not later than 1 year after the date of enactment of this section, the Secretary shall submit to Congress a report examining the benefits and costs of prohibiting the testing of hazardous liquid pipelines in high consequence areas (as defined in section 195.450 of title 49, Code of Federal Regulations (or a successor regulation)).
  • 49 U.S.C. § 60142(c)(2)
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    (2) The Secretary shall not establish any additional safety-enhancing testing programs under subsection (a) after the date that is 3 years after the date of enactment of this section.
  • 49 U.S.C. § 60142(d)(1)
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    (1) The Secretary shall require, as a condition of approval of a testing program under subsection (a), that the safety measures in the testing program are designed to achieve a level of safety that is greater than the level of safety required by this chapter.
  • 49 U.S.C. § 60142(d)(2)(A)
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    (A) The Secretary may issue an order under subparagraph (A) of section 60118(c)(1) to accomplish the purpose of a testing program for a term not to exceed the time period described in subsection (c) if the condition described in paragraph (1) is met, as determined by the Secretary.
  • 49 U.S.C. § 60142(e)
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    (e) In establishing a testing program under subsection (a), the Secretary shall consider—
    (1) the accident and incident record of the owners or operators participating in the program;
    (A) whether the owners or operators participating in the program have a safety management system in place; and
    (B) how the application of that system proposes to eliminate or mitigate potential safety and environmental risks throughout the duration of the program; and
    (3) whether the proposed safety technology has been tested through a research and development program carried out by—
    (A) the Secretary;
    (B) collaborative research development organizations; or
    (C) other institutions.
  • 49 U.S.C. § 60142(e)(3)(A)
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    (A) the Secretary;
  • 49 U.S.C. § 60142(f)(1)
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    (1) As a participant in a testing program established under subsection (a), an owner or operator shall submit to the Secretary detailed findings and a summary of data collected as a result of participation in the testing program.
  • 49 U.S.C. § 60142(f)(2)
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    (2) The Secretary shall make publicly available on the website of the Department of Transportation an annual report for any ongoing testing program established under subsection (a) summarizing the progress of the program.
  • 49 U.S.C. § 60142(g)
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    (g) The Secretary shall immediately revoke participation in a testing program under subsection (a) if—
    (A) the participant has an accident or incident involving death or personal injury necessitating in-patient hospitalization; and
    (B) the testing program is determined to be the cause of, or a contributing factor to, that accident or incident;
    (2) the participant fails to comply with the terms and conditions of the testing program; or
    (3) in the determination of the Secretary, continued participation in the testing program by the participant would be unsafe or would not be consistent with the goals and objectives of this chapter.
  • 49 U.S.C. § 60142(g)(3)
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    (3) in the determination of the Secretary, continued participation in the testing program by the participant would be unsafe or would not be consistent with the goals and objectives of this chapter.
  • 49 U.S.C. § 60142(h)
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    (h) The Secretary shall immediately terminate a testing program under subsection (a) if continuation of the testing program would not be consistent with the goals and objectives of this chapter.
  • 49 U.S.C. § 60142(i)(1)
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    (1) Except as provided in paragraph (2), if a State submits to the Secretary notice that the State requests an exemption from any testing program considered for establishment under this section, the State shall be exempt.
  • 49 U.S.C. § 60142(i)(2)(A)
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    (A) The Secretary shall not grant a requested exemption under paragraph (1) after a testing program is established.
  • 49 U.S.C. § 60142(i)(2)(B)
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    (B) The Secretary shall not grant a requested exemption under paragraph (1) if the notice submitted under that paragraph is submitted to the Secretary more than 30 days after the date on which the Secretary issues an order providing an effective date for the testing program in accordance with subsection (j).
  • 49 U.S.C. § 60142(j)(1)
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    (1) The Secretary shall publish in the Federal Register and send directly to each relevant State and each appropriate State authority with a certification in effect under section 60105 a notice of each proposed testing program under subsection (a), including the order to be considered, and provide an opportunity for public comment for not less than 90 days.
  • 49 U.S.C. § 60142(j)(2)
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    (2) Not later than the date on which the Secretary issues an order providing an effective date of a testing program noticed under paragraph (1), the Secretary shall—
    (A) publish the order in the Federal Register; and
    (B) respond to each comment submitted under paragraph (1).
  • 49 U.S.C. § 60142(k)
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    (k) At the conclusion of each testing program, the Secretary shall make publicly available on the website of the Department of Transportation a report containing—
    (1) the findings and conclusions of the Secretary with respect to the testing program; and
    (2) any recommendations of the Secretary with respect to the testing program, including any recommendations for amendments to laws (including regulations) and the establishment of standards, that—
    (A) would enhance the safe operation of interstate gas or hazardous liquid pipeline facilities; and
    (B) are technically, operationally, and economically feasible.
  • 49 U.S.C. § 60142(k)(1)
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    (1) the findings and conclusions of the Secretary with respect to the testing program; and
  • 49 U.S.C. § 60142(k)(2)
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    (2) any recommendations of the Secretary with respect to the testing program, including any recommendations for amendments to laws (including regulations) and the establishment of standards, that—
    (A) would enhance the safe operation of interstate gas or hazardous liquid pipeline facilities; and
    (B) are technically, operationally, and economically feasible.
  • 49 U.S.C. § 60142(l)
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    (l) If a report under subsection (k) indicates that it is practicable to establish technically, operationally, and economically feasible standards for the use of a safety-enhancing technology and any corresponding operational 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 “Administrative Procedure Act”) that—
    (1) allow operators of interstate gas or hazardous liquid pipeline facilities to use the relevant technology or practice to the extent practicable; and
    (2) establish technically, operationally, and economically feasible standards for the capability and deployment of the technology or practice.
  • 49 U.S.C. § 60143(a)(3)(B)
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    (B) has not been purged as described in subparagraph (A), but the volume of gas is so small that there is no potential hazard, as determined by the Secretary pursuant to a rule.
  • 49 U.S.C. § 60143(b)(1)
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    (1) Not later than 2 years after the date of enactment of the PIPES Act of 2020, the Secretary shall promulgate regulations prescribing the applicability of the pipeline safety requirements to idled natural or other gas transmission and hazardous liquid pipelines.
  • 49 U.S.C. § 60143(b)(2)(B)
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    (B) The Secretary or an appropriate State agency shall inspect each idled pipeline and verify that the pipeline has been purged of combustibles and hazardous materials, if required under subsection (a).
  • 49 U.S.C. § 60143(b)(2)(C)
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    (C) The Secretary shall determine the requirements for periodic reinspection of idled natural or other gas transmission and hazardous liquid pipelines.
  • 49 U.S.C. § 60143(b)(2)(D)
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    (D) As a condition to allowing an idled pipeline to resume operations, the Secretary shall require that, prior to resuming operations, the pipeline 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 promulgated under this chapter, including any regulations that became effective while the pipeline was idled.
  • 49 U.S.C. § 60301(a)
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    (a) The Secretary of Transportation shall prescribe a schedule of fees for all natural gas and hazardous liquids transported by pipelines subject to chapter 601 of this title. The fees shall be based on usage (in reasonable relationship to volume-miles, miles, revenues, or a combination of volume-miles, miles, and revenues) of the pipelines. The Secretary shall consider the allocation of resources of the Department of Transportation when establishing the schedule.
  • 49 U.S.C. § 60301(c)
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    (c) The Secretary shall prescribe procedures to collect fees under this section. The Secretary may use a department, agency, or instrumentality of the United States Government or of a State or local government to collect the fee and may reimburse the department, agency, or instrumentality a reasonable amount for its services.
  • 49 U.S.C. § 60302(b)
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    (b) The Secretary of Transportation shall prescribe procedures to collect fees under this section. The Secretary may use a department, agency, or instrumentality of the United States Government or of a State or local government to collect the fee and may reimburse the department, agency, or instrumentality a reasonable amount for its services.
  • 49 U.S.C. § 60303(a)(1)
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    (1) The Secretary of Transportation (referred to in this section as the “Secretary”) shall impose on a person who files with the Federal Energy Regulatory Commission 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 regulations).
  • 49 U.S.C. § 60303(a)(2)
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    (2) The Secretary may not impose fees under paragraph (1) and section 60117(o) or 60301(b) for the same compliance review described in paragraph (1).
  • 49 U.S.C. § 60303(b)(1)
    Go to provision →
    (1) The Secretary shall prescribe procedures to collect fees under this section.
  • 49 U.S.C. § 60303(b)(2)
    Go to provision →
    (2) The Secretary may—
    (A) use a department, agency, or instrumentality of the Federal Government or of a State or local government to collect fees under this section; and
    (B) reimburse that department, agency, or instrumentality a reasonable amount for the services provided.
  • 49 U.S.C. § 60501
    Go to provision →
    Except as provided in section 60502 of this title, the Secretary of Energy has the duties and powers related to the transportation of oil by pipeline that were vested on October 1, 1977, in the Interstate Commerce Commission or the chairman or a member of the Commission.

Citations to §60101(a)(26)

Citations to §60101(b)

  • 49 U.S.C. § 60102(b)(2)
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    (2) When prescribing any standard under this section or section 60101(b), 60103, 60108, 60109, 60110, or 60113, the Secretary shall consider—
    (A) relevant available—
    (i) gas pipeline safety information;
    (ii) hazardous liquid pipeline safety information; and
    (iii) environmental information;
    (B) the appropriateness of the standard for the particular type of pipeline transportation or facility;
    (C) the reasonableness of the standard;
    (D) based on a risk assessment, the reasonably identifiable or estimated benefits expected to result from implementation or compliance with the standard;
    (E) based on a risk assessment, the reasonably identifiable or estimated costs expected to result from implementation or compliance with the standard;
    (F) comments and information received from the public; and
    (G) the comments and recommendations of the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as appropriate.
  • 49 U.S.C. § 60102(q)(1)
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    (1) Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate final regulations that require operators of regulated gathering lines (as defined pursuant to subsection (b) of section 60101 for purposes of subsection (a)(21) of that section) in a Class 2 location, Class 3 location, or Class 4 location, as determined under section 192.5 of title 49, Code of Federal Regulations, operators of new and existing gas transmission pipeline facilities, and operators of new and existing gas distribution pipeline facilities to conduct leak detection and repair programs—
    (A) to meet the need for gas pipeline safety, as determined by the Secretary; and
    (B) to protect the environment.

Citations to §60101(b)(1)(A)

Citations to §60101(b)(2)(A)

  • 49 U.S.C. § 60102(q)(1)
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    (1) Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate final regulations that require operators of regulated gathering lines (as defined pursuant to subsection (b) of section 60101 for purposes of subsection (a)(21) of that section) in a Class 2 location, Class 3 location, or Class 4 location, as determined under section 192.5 of title 49, Code of Federal Regulations, operators of new and existing gas transmission pipeline facilities, and operators of new and existing gas distribution pipeline facilities to conduct leak detection and repair programs—
    (A) to meet the need for gas pipeline safety, as determined by the Secretary; and
    (B) to protect the environment.
  • 49 U.S.C. § 60102(q)(3)(B)(iii)
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    (iii) for regulated gathering lines in Class 2 locations, Class 3 locations, or Class 4 locations, technologies and practices to detect pipeline leaks through—
    (I) equipment that is capable of continuous monitoring; or
    (II) periodic surveys with handheld equipment, equipment mounted on mobile platforms, or other means using commercially available technology.