-CITE-
    49 USC CHAPTER 601 - SAFETY                                 01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
                           CHAPTER 601 - SAFETY                       

-MISC1-
    Sec.                                                     
    60101.      Definitions.                                          
    60102.      Purpose and general authority.                        
    60103.      Standards for liquefied natural gas pipeline
                 facilities.                                          
    60104.      Requirements and limitations.                         
    60105.      State pipeline safety program certifications.         
    60106.      State pipeline safety agreements.                     
    60107.      State pipeline safety grants.                         
    60108.      Inspection and maintenance.                           
    60109.      High-density population areas and environmentally
                 sensitive areas.                                     
    60110.      Excess flow valves.                                   
    60111.      Financial responsibility for liquefied natural gas
                 facilities.                                          
    60112.      Pipeline facilities hazardous to life and property.   
    60113.      Customer-owned natural gas service lines.             
    60114.      One-call notification systems.                        
    60115.      Technical safety standards committees.                
    60116.      Public education programs.                            
    60117.      Administrative.                                       
    60118.      Compliance and waivers.                               
    60119.      Judicial review.                                      
    60120.      Enforcement.                                          
    60121.      Actions by private persons.                           
    60122.      Civil penalties.                                      
    60123.      Criminal penalties.                                   
    60124.      Biennial reports.                                     
    60125.      Authorization of appropriations.                      
    60126.      Risk management.                                      
    60127.      Population encroachment and rights-of-way.            
    60128.      Dumping within pipeline rights-of-way.                
    60129.      Protection of employees providing pipeline safety
                 information.                                         
    60130.      Pipeline safety information grants to communities.    
    60131.      Verification of pipeline qualification programs.      
    60132.      National pipeline mapping system.                     
    60133.      Coordination of environmental reviews.                

                                AMENDMENTS                            
      2002 - Pub. L. 107-355, Secs. 6(c), 9(c), 11(b), 13(a)(2), 15(b),
    16(b), 20(a)(2)(B), Dec. 17, 2002, 116 Stat. 2993, 2995, 2997,
    3001, 3006, 3008, 3010, substituted "Purpose and general authority"
    for "General authority" in item 60102 and "Population encroachment
    and rights-of-way" for "Population encroachment" in item 60127 and
    added items 60129 to 60133.
      1996 - Pub. L. 104-304, Secs. 5(f)[(b)], 15(c)[(b)], 16(b),
    18(b)(2), 20(e), Oct. 12, 1996, 110 Stat. 3800, 3803, 3804,
    substituted "State pipeline safety program certifications" for
    "State certifications" in item 60105, "State pipeline safety
    agreements" for "State agreements" in item 60106, "State pipeline
    safety grants" for "State grants" in item 60107, and "Biennial
    reports" for "Annual reports" in item 60124 and added items 60126,
    60127, and 60128.

-End-



-CITE-
    49 USC Sec. 60101                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60101. Definitions

-STATUTE-
      (a) General. - In this chapter - 
        (1) "existing liquefied natural gas facility" - 
          (A) means a liquefied natural gas facility for which an
        application to approve the site, construction, or operation of
        the facility was filed before March 1, 1978, with - 
            (i) the Federal Energy Regulatory Commission (or any
          predecessor); or
            (ii) the appropriate State or local authority, if the
          facility is not subject to the jurisdiction of the Commission
          under the Natural Gas Act (15 U.S.C. 717 et seq.); but

          (B) does not include a facility on which construction is
        begun after November 29, 1979, without the approval;

        (2) "gas" means natural gas, flammable gas, or toxic or
      corrosive gas;
        (3) "gas pipeline facility" includes a pipeline, a right of
      way, a facility, a building, or equipment used in transporting
      gas or treating gas during its transportation;
        (4) "hazardous liquid" means - 
          (A) petroleum or a petroleum product; and
          (B) a substance the Secretary of Transportation decides may
        pose an unreasonable risk to life or property when transported
        by a hazardous liquid pipeline facility in a liquid state
        (except for liquefied natural gas);

        (5) "hazardous liquid pipeline facility" includes a pipeline, a
      right of way, a facility, a building, or equipment used or
      intended to be used in transporting hazardous liquid;
        (6) "interstate gas pipeline facility" - 
          (A) means a gas pipeline facility - 
            (i) used to transport gas; and
            (ii) subject to the jurisdiction of the Commission under
          the Natural Gas Act (15 U.S.C. 717 et seq.); but

          (B) does not include a gas pipeline facility transporting gas
        from an interstate gas pipeline in a State to a direct sales
        customer in that State buying gas for its own consumption;

        (7) "interstate hazardous liquid pipeline facility" means a
      hazardous liquid pipeline facility used to transport hazardous
      liquid in interstate or foreign commerce;
        (8) "interstate or foreign commerce" - 
          (A) related to gas, means commerce - 
            (i) between a place in a State and a place outside that
          State; or
            (ii) that affects any commerce described in subclause
          (A)(i) of this clause; and

          (B) related to hazardous liquid, means commerce between - 
            (i) a place in a State and a place outside that State; or
            (ii) places in the same State through a place outside the
          State;

        (9) "intrastate gas pipeline facility" means - 
          (A) a gas pipeline facility and transportation of gas within
        a State not subject to the jurisdiction of the Commission under
        the Natural Gas Act (15 U.S.C. 717 et seq.); and
          (B) a gas pipeline facility transporting gas from an
        interstate gas pipeline in a State to a direct sales customer
        in that State buying gas for its own consumption;

        (10) "intrastate hazardous liquid pipeline facility" means a
      hazardous liquid pipeline facility that is not an interstate
      hazardous liquid pipeline facility;
        (11) "liquefied natural gas" means natural gas in a liquid or
      semisolid state;
        (12) "liquefied natural gas accident" means a release, burning,
      or explosion of liquefied natural gas from any cause, except a
      release, burning, or explosion that, under regulations prescribed
      by the Secretary, does not pose a threat to public health or
      safety, property, or the environment;
        (13) "liquefied natural gas conversion" means conversion of
      natural gas into liquefied natural gas or conversion of liquefied
      natural gas into natural gas;
        (14) "liquefied natural gas pipeline facility" - 
          (A) means a gas pipeline facility used for transporting or
        storing liquefied natural gas, or for liquefied natural gas
        conversion, in interstate or foreign commerce; but
          (B) does not include any part of a structure or equipment
        located in navigable waters (as defined in section 3 of the
        Federal Power Act (16 U.S.C. 796));

        (15) "municipality" means a political subdivision of a State;
        (16) "new liquefied natural gas pipeline facility" means a
      liquefied natural gas pipeline facility except an existing
      liquefied natural gas pipeline facility;
        (17) "person", in addition to its meaning under section 1 of
      title 1 (except as to societies), includes a State, a
      municipality, and a trustee, receiver, assignee, or personal
      representative of a person;
        (18) "pipeline facility" means a gas pipeline facility and a
      hazardous liquid pipeline facility;
        (19) "pipeline transportation" means transporting gas and
      transporting hazardous liquid;
        (20) "State" means a State of the United States, the District
      of Columbia, and Puerto Rico;
        (21) "transporting gas" - 
          (A) means the gathering, transmission, or distribution of gas
        by pipeline, or the storage of gas, in interstate or foreign
        commerce; but
          (B) does not include the gathering of gas, other than
        gathering through regulated gathering lines, in those rural
        locations that are located outside the limits of any
        incorporated or unincorporated city, town, or village, or any
        other designated residential or commercial area (including a
        subdivision, business, shopping center, or community
        development) or any similar populated area that the Secretary
        of Transportation determines to be a nonrural area, except that
        the term "transporting gas" includes the movement of gas
        through regulated gathering lines;

        (22) "transporting hazardous liquid" - 
          (A) means the movement of hazardous liquid by pipeline, or
        the storage of hazardous liquid incidental to the movement of
        hazardous liquid by pipeline, in or affecting interstate or
        foreign commerce; but
          (B) does not include moving hazardous liquid through - 
            (i) gathering lines in a rural area;
            (ii) onshore production, refining, or manufacturing
          facilities; or
            (iii) storage or in-plant piping systems associated with
          onshore production, refining, or manufacturing facilities;

        (23) "risk management" means the systematic application, by the
      owner or operator of a pipeline facility, of management policies,
      procedures, finite resources, and practices to the tasks of
      identifying, analyzing, assessing, reducing, and controlling risk
      in order to protect employees, the general public, the
      environment, and pipeline facilities;
        (24) "risk management plan" means a management plan utilized by
      a gas or hazardous liquid pipeline facility owner or operator
      that encompasses risk management; and
        (25) "Secretary" means the Secretary of Transportation.

      (b) Gathering Lines. - (1)(A) Not later than October 24, 1994,
    the Secretary shall prescribe standards defining the term
    "gathering line".
      (B) In defining "gathering line" for gas, the Secretary - 
        (i) shall consider functional and operational characteristics
      of the lines to be included in the definition; and
        (ii) is not bound by a classification the Commission
      establishes under the Natural Gas Act (15 U.S.C. 717 et seq.).

      (2)(A) Not later than October 24, 1995, the Secretary, if
    appropriate, shall prescribe standards defining the term "regulated
    gathering line". In defining the term, the Secretary shall consider
    factors such as location, length of line from the well site,
    operating pressure, throughput, and the composition of the
    transported gas or hazardous liquid, as appropriate, in deciding on
    the types of lines that functionally are gathering but should be
    regulated under this chapter because of specific physical
    characteristics.
      (B)(i) The Secretary also shall consider diameter when defining
    "regulated gathering line" for hazardous liquid.
      (ii) The definition of "regulated gathering line" for hazardous
    liquid may not include a crude oil gathering line that has a
    nominal diameter of not more than 6 inches, is operated at low
    pressure, and is located in a rural area that is not unusually
    sensitive to environmental damage.

-SOURCE-
    (Pub. L. 103-272, Secs. 1(e), 4(s), July 5, 1994, 108 Stat. 1301,
    1371; Pub. L. 104-287, Sec. 5(90), Oct. 11, 1996, 110 Stat. 3398;
    Pub. L. 104-304, Secs. 3, 20(f), Oct. 12, 1996, 110 Stat. 3793,
    3805.)


-STATAMEND-
                 AMENDMENT OF SUBSECTION (A)(21) AND (22)             
      Pub. L. 103-272, Sec. 4(s), July 5, 1994, 108 Stat. 1371,
    provided that, effective on the date the regulations required under
    subsec. (b) of this section are effective, subsection (a)(21) and
    (22) of this section is amended to read as follows:

      (21) "transporting gas" - 
        (A) means - 
        (i) the gathering, transmission, or distribution of gas by
      pipeline, or the storage of gas, in interstate or foreign
      commerce; and
        (ii) the movement of gas through regulated gathering lines; but

        (B) does not include gathering gas (except through regulated
      gathering lines) in a rural area outside a populated area
      designated by the Secretary as a nonrural area.

      (22) "transporting hazardous liquid" - 
        (A) means - 
        (i) the movement of hazardous liquid by pipeline, or the
      storage of hazardous liquid incidental to the movement of
      hazardous liquid by pipeline, in or affecting interstate or
      foreign commerce; and
        (ii) the movement of hazardous liquid through regulated
      gathering lines; but

        (B) does not include moving hazardous liquid through - 
        (i) gathering lines (except regulated gathering lines) in a
      rural area;
        (ii) onshore production, refining, or manufacturing facilities;
      or
        (iii) storage or in-plant piping systems associated with
      onshore production, refining, or manufacturing facilities.



                       HISTORICAL AND REVISION NOTES                   
                        PUB. L. 103-272, SEC. 1(E)                    
    --------------------------------------------------------------------
       Revised       Source (U.S. Code)      Source (Statutes at Large) 
       Section                                                          
    --------------------------------------------------------------------
    60101(a)(1)     49 App.:1671(10).       Aug. 12, 1968, Pub. L.      
                                             90-481, Sec. 2(10), 82     
                                             Stat. 720; Oct. 11, 1976,  
                                             Pub. L. 94-477, Sec. 3(2), 
                                             90 Stat. 2073; Nov. 30,    
                                             1979, Pub. L. 96-129, Sec. 
                                             151, 93 Stat. 998.         
                    49 App.:1671(14).       Aug. 12, 1968, Pub. L.      
                                             90-481, 82 Stat. 720, Sec. 
                                             2(11)-(17); added Nov. 30, 
                                             1979, Pub. L. 96-129, Sec. 
                                             151, 93 Stat. 998.         
                    49 App.:2001(11).       Nov. 30, 1979, Pub. L.      
                                             96-129, Sec. 202(1)-(4)    
                                             (1st-27th words), (5)-(9), 
                                             (11), 93 Stat. 1003, 1004. 
    60101(a)(2)     49 App.:1671(2).        Aug. 12, 1968, Pub. L.      
                                             90-481, Sec. 2(1), (2), (4)
                                             (1st-32d words), (5), (6), 
                                             82 Stat. 720.              
    60101(a)(3)     49 App.:1671(4)                                     
                     (1st-32d words).                                   
    60101(a)(4)     49 App.:2001(2).                                    
    60101(a)(5)     49 App.:2001(4)                                     
                     (1st-27th words).                                  
    60101(a)(6)     49 App.:1671(8).        Aug. 12, 1968, Pub. L.      
                                             90-481, Sec. 2(8), 82 Stat.
                                             720; Oct. 11, 1976, Pub. L.
                                             94-477, Sec. 3(1), 90 Stat.
                                             2073; Nov. 30, 1979, Pub.  
                                             L. 96-129, Sec. 109(b)     
                                             (related to Sec. 2(8)), 93 
                                             Stat. 996.                 
    60101(a)(7)     49 App.:2001(5).                                    
    60101(a)        49 App.:1671(17).                                   
     (8)(A)                                                             
    60101(a)        49 App.:2001(7).                                    
     (8)(B)                                                             
    60101(a)(9)     49 App.:1671(9).        Aug. 12, 1968, Pub. L.      
                                             90-481, 82 Stat. 720, Sec. 
                                             2(9); added Oct. 11, 1976, 
                                             Pub. L. 94-477, Sec. 3(2), 
                                             90 Stat. 2073; Nov. 30,    
                                             1979, Pub. L. 96-129, Secs.
                                             109(b) (related to Sec.    
                                             2(9)), 151, 93 Stat. 996,  
                                             998.                       
    60101(a)(10)    49 App.:2001(6).                                    
    60101(a)(11)    49 App.:1671(11).                                   
    60101(a)(12)    49 App.:1671(16).                                   
    60101(a)(13)    49 App.:1671(13).                                   
    60101(a)(14)    49 App.:1671(12).                                   
    60101(a)(15)    49 App.:1671(6).                                    
                    49 App.:2001(9).                                    
    60101(a)(16)    49 App.:1671(15).                                   
    60101(a)(17)    49 App.:1671(1).                                    
                    49 App.:2001(1).                                    
    60101(a)(       (no source).                                        
     18), (19)                                                          
    60101(a)(20)    49 App.:1671(5).                                    
                    49 App.:2001(8).                                    
    60101(a)(21)    49 App.:1671(3).        Aug. 12, 1968, Pub. L.      
                                             90-481, Sec. 2(3), 82 Stat.
                                             720; Nov. 30, 1979, Pub. L.
                                             96-129, Sec. 152(b)(1), 93 
                                             Stat. 1001.                
    60101(a)(22)    49 App.:2001(3).                                    
    60101(b)        49 App.:1688.           Aug. 12, 1968, Pub. L.      
                                             90-481, 82 Stat. 720, Sec. 
                                             21; added Oct. 24, 1992,   
                                             Pub. L. 102-508, Sec.      
                                             109(b), 106 Stat. 3295.    
                    49 App.:2016.           Nov. 30, 1979, Pub. L.      
                                             96-129, 93 Stat. 989, Sec. 
                                             220; added Oct. 24, 1992,  
                                             Pub. L. 102-508, Sec.      
                                             208(b), 106 Stat. 3303.    
    --------------------------------------------------------------------

      In this chapter, the words "liquefied natural gas" are
    substituted for "LNG" for clarity. The word "authority" is
    substituted for "agency" for consistency in the revised title and
    with other titles of the United States Code. The words "gas" and
    "hazardous liquid" are added where applicable because of the
    restatement.
      In subsection (a), before clause (1), the text of 49
    App.:1671(10) and 2001(11) is omitted because the complete name of
    the Secretary of Transportation is used the first time the term
    appears in a section. The words "As used" are omitted as surplus.
    In clause (1)(A), the words "Federal Energy Regulatory Commission"
    and "Commission" are substituted for "Department of Energy" because
    under 42:7171(a) and 7172(a)(1) the Commission is statutorily
    independent of the Department and has the responsibility for
    siting, construction, and operating applications. In clauses (3)
    and (5), the words "without limitation, new and existing" are
    omitted as surplus. In clause (4)(B), the words "or material" are
    omitted as surplus. In clause (6), before subclause (A), the word
    "pipeline" is substituted for "transmission" for clarity and
    consistency. In clause (8)(A), before subclause (i), the words
    "trade, traffic, transportation, exchange, or other" are omitted as
    surplus. In subclause (ii), the words "trade, transportation,
    exchange, or other" are omitted as surplus. In clause (8)(B), the
    word "place" is substituted for "point" for clarity and consistency
    in the revised title. In clause (9), before subclause (A), the word
    "facility" is substituted for "transportation" for clarity and
    consistency. In clause (12), the words "resulting from" and the
    text of 49 App.:1671(16)(A)-(D) are omitted as surplus. In clause
    (13), the words "(liquefaction or solidification)" and
    "(vaporization)" are omitted as surplus. In clauses (14) and (16),
    the word "pipeline" is added for clarity. In clause (15), the words
    "city, county, or any other" are omitted as surplus. In clause
    (17), the words "in addition to its meaning under section 1 of
    title 1 (except as to societies)" are substituted for "any
    individual, firm, joint venture, partnership, corporation,
    association . . . cooperative association, or joint stock
    association" to eliminate unnecessary words, for clarity, and for
    consistency in the revised title and with other titles of the Code.
    Clauses (18) and (19) are added because of the restatement. In
    clause (20), the words "of the United States" are substituted for
    "of the several" for consistency in the revised title and with
    other titles of the Code. In clause (21)(B), the words "outside a
    populated area" are substituted for "which lie outside the limits
    of any incorporated or unincorporated city, town, village, or any
    other designated residential or commercial area such as a
    subdivision, a business or shopping center, a community
    development, or any similar populated area" to eliminate
    unnecessary words. In clause (22)(B)(i), the word "area" is
    substituted for "locations" for consistency.



                        PUB. L. 103-272, SEC. 4(S)                    
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60101(a)(      49 App.:1671 (note).    Oct. 24, 1992, Pub. L.       
     21), (22)                              102-508, Sec. 109(a), 106   
                                            Stat. 3294.                 
                   49 App.:2001 (note).    Oct. 24, 1992, Pub. L.       
                                            102-508, Sec. 208(a), 106   
                                            Stat. 3303.                 
    --------------------------------------------------------------------

      Section 4(s) reflects an amendment to the restatement required by
    sections 109(a) and 208(a) of the Pipeline Safety Act of 1992
    (Public Law 102-508, 106 Stat. 3294, 3303).


-MISC1-
                              PUB. L. 104-287                          
      This amends 49:60101 for consistency with the style of title 49.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Natural Gas Act, referred to in subsecs. (a)(1)(A)(ii),
    (6)(A)(ii), (9)(A) and (b)(1)(B)(ii), is act June 21, 1938, ch.
    556, 52 Stat. 821, as amended, which is classified generally to
    chapter 15B (Sec. 717 et seq.) of Title 15, Commerce and Trade. For
    complete classification of this Act to the Code, see section 717w
    of Title 15 and Tables.


-MISC2-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-287 inserted heading.
      Subsec. (a)(1) to (20). Pub. L. 104-304, Sec. 3(a)(1),
    substituted semicolon for period at end of pars. (1) to (20).
      Subsec. (a)(21)(B). Pub. L. 104-304, Sec. 3(a)(2), added subpar.
    (B) and struck out former subpar. (B) which read as follows: "does
    not include gathering gas in a rural area outside a populated area
    designated by the Secretary as a nonrural area;".
      Pub. L. 104-304, Sec. 3(a)(1), substituted semicolon for period
    at end.
      Subsec. (a)(22). Pub. L. 104-304, Sec. 3(a)(1), substituted
    semicolon for period at end.
      Subsec. (a)(23) to (25). Pub. L. 104-304, Sec. 3(a)(3), added
    pars. (23) to (25).
      Subsec. (b)(1)(A). Pub. L. 104-304, Sec. 20(f), substituted
    "prescribe standards defining" for "define by regulation".
      Subsec. (b)(2)(A). Pub. L. 104-304, Secs. 3(b), 20(f), inserted
    ", if appropriate," after "Not later than October 24, 1995, the
    Secretary" and substituted "prescribe standards defining" for
    "define by regulation".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 4(s) of Pub. L. 103-272 provided that the amendment made
    by that section is effective on the date the regulation required
    under subsec. (b) of this section is effective.

                       SHORT TITLE OF 2002 AMENDMENT                   
      Pub. L. 107-355, Sec. 1(a), Dec. 17, 2002, 116 Stat. 2985,
    provided that: "This Act [enacting sections 60129 to 60133 of this
    title, amending sections 6103 to 6105, 6107, 60102, 60104, 60106,
    60109, 60110, 60112, 60114 to 60118, 60120, 60122, 60123, 60125,
    and 60127 of this title, and enacting provisions set out as notes
    under sections 1135, 60101, 60102, 60108, 60109, 60114, 60122, and
    60131 of this title and section 717m of Title 15, Commerce and
    Trade] may be cited as the 'Pipeline Safety Improvement Act of
    2002'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Section 1 of Pub. L. 104-304 provided that: "This Act [enacting
    sections 60126 to 60128 of this title, amending this section and
    sections 60102, 60105 to 60110, 60113 to 60118, 60123 to 60125 of
    this title, and enacting provisions set out as a note under section
    60301 of this title] may be cited as the 'Accountable Pipeline
    Safety and Partnership Act of 1996'."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of duties, powers, and authority of Research and
    Special Programs Administration under this chapter to the
    Administrator of the Pipeline and Hazardous Materials Safety
    Administration, see section 2(b) of Pub. L. 108-426, set out as a
    note under section 108 of this title.


-MISC3-
         PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH AND
                                DEVELOPMENT
      Pub. L. 107-355, Sec. 12, Dec. 17, 2002, 116 Stat. 2997, provided
    that:
      "(a) In General. - The heads of the participating agencies shall
    carry out a program of research, development, demonstration, and
    standardization to ensure the integrity of pipeline facilities.
      "(b) Memorandum of Understanding. - 
        "(1) In general. - Not later than 120 days after the date of
      enactment of this Act [Dec. 17, 2002], the heads of the
      participating agencies shall enter into a memorandum of
      understanding detailing their respective responsibilities in the
      program authorized by subsection (a).
        "(2) Areas of expertise. - Under the memorandum of
      understanding, each of the participating agencies shall have the
      primary responsibility for ensuring that the elements of the
      program within its expertise are implemented in accordance with
      this section. The Department of Transportation's responsibilities
      shall reflect its lead role in pipeline safety and expertise in
      pipeline inspection, integrity management, and damage prevention.
      The Department of Energy's responsibilities shall reflect its
      expertise in system reliability, low-volume gas leak detection,
      and surveillance technologies. The National Institute of
      Standards and Technology's responsibilities shall reflect its
      expertise in materials research and assisting in the development
      of consensus technical standards, as that term is used in section
      12(d)(4) [probably should be "12(d)(5)"] of Public Law 104-13
      [Pub. L. 104-113] (15 U.S.C. 272 note).
      "(c) Program Elements. - The program authorized by subsection (a)
    shall include research, development, demonstration, and
    standardization activities related to - 
        "(1) materials inspection;
        "(2) stress and fracture analysis, detection of cracks,
      corrosion, abrasion, and other abnormalities inside pipelines
      that lead to pipeline failure, and development of new equipment
      or technologies that are inserted into pipelines to detect
      anomalies;
        "(3) internal inspection and leak detection technologies,
      including detection of leaks at very low volumes;
        "(4) methods of analyzing content of pipeline throughput;
        "(5) pipeline security, including improving the real-time
      surveillance of pipeline rights-of-way, developing tools for
      evaluating and enhancing pipeline security and infrastructure,
      reducing natural, technological, and terrorist threats, and
      protecting first response units and persons near an incident;
        "(6) risk assessment methodology, including vulnerability
      assessment and reduction of third-party damage;
        "(7) communication, control, and information systems surety;
        "(8) fire safety of pipelines;
        "(9) improved excavation, construction, and repair
      technologies; and
        "(10) other appropriate elements.
      "(d) Program Plan. - 
        "(1) In general. - Not later than 1 year after the date of
      enactment of this section [Dec. 17, 2002], the Secretary of
      Transportation, in coordination with the Secretary of Energy and
      the Director of the National Institute of Standards and
      Technology, shall prepare and transmit to Congress a 5-year
      program plan to guide activities under this section. Such program
      plan shall be submitted to the Technical Pipeline Safety
      Standards Committee and the Technical Hazardous Liquid Pipeline
      Safety Standards Committee for review, and the report to Congress
      shall include the comments of the committees. The 5-year program
      plan shall be based on the memorandum of understanding under
      subsection (b) and take into account related activities of other
      Federal agencies.
        "(2) Consultation. - In preparing the program plan and
      selecting and prioritizing appropriate project proposals, the
      Secretary of Transportation shall consult with or seek the advice
      of appropriate representatives of the natural gas, crude oil, and
      petroleum product pipeline industries, utilities, manufacturers,
      institutions of higher learning, Federal agencies, pipeline
      research institutions, national laboratories, State pipeline
      safety officials, labor organizations, environmental
      organizations, pipeline safety advocates, and professional and
      technical societies.
      "(e) Reports to Congress. - Not later than 1 year after the date
    of enactment of this Act [Dec. 17, 2002], and annually thereafter,
    the heads of the participating agencies shall transmit jointly to
    Congress a report on the status and results to date of the
    implementation of the program plan prepared under subsection (d).
      "(f) Authorization of Appropriations. - 
        "(1) Department of transportation. - There is authorized to be
      appropriated to the Secretary of Transportation for carrying out
      this section $10,000,000 for each of the fiscal years 2003
      through 2006.
        "(2) Department of energy. - There is authorized to be
      appropriated to the Secretary of Energy for carrying out this
      section $10,000,000 for each of the fiscal years 2003 through
      2006.
        "(3) National institute of standards and technology. - There is
      authorized to be appropriated to the Director of the National
      Institute of Standards and Technology for carrying out this
      section $5,000,000 for each of the fiscal years 2003 through
      2006.
        "(4) General revenue funding. - Any sums appropriated under
      this subsection shall be derived from general revenues and may
      not be derived from amounts collected under section 60301 of
      title 49, United States Code.
      "(g) Pipeline Integrity Program. - Of the amounts available in
    the Oil Spill Liability Trust Fund established by section 9509 of
    the Internal Revenue Code of 1986 (26 U.S.C. 9509), $3,000,000
    shall be transferred to the Secretary of Transportation, as
    provided in appropriation Acts, to carry out programs for
    detection, prevention, and mitigation of oil spills for each of the
    fiscal years 2003 through 2006.
      "(h) Participating Agencies Defined. - In this section, the term
    'participating agencies' means the Department of Transportation,
    the Department of Energy, and the National Institute of Standards
    and Technology."

-End-



-CITE-
    49 USC Sec. 60102                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60102. Purpose and general authority

-STATUTE-
      (a) Purpose and Minimum Safety Standards. - 
        (1) Purpose. - 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.
        (2) Minimum safety standards. - The Secretary shall prescribe
      minimum safety standards for pipeline transportation and for
      pipeline facilities. The standards - 
          (A) apply to owners and 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.

        (3) Qualifications of pipeline operators. - The qualifications
      applicable to an individual who operates and maintains a pipeline
      facility shall address the ability to recognize and react
      appropriately to abnormal operating conditions that may indicate
      a dangerous situation or a condition exceeding design limits. The
      operator of a pipeline facility shall ensure that employees who
      operate and maintain the facility are qualified to operate and
      maintain the pipeline facilities.

      (b) Practicability and Safety Needs Standards. - 
        (1) In general. - A standard prescribed under subsection (a)
      shall be - 
          (A) practicable; and
          (B) designed to meet the need for - 
            (i) gas pipeline safety, or safely transporting hazardous
          liquids, as appropriate; and
            (ii) protecting the environment.

        (2) Factors for consideration. - 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.

        (3) Risk assessment. - 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.

        (4) Review. - 
          (A) In general. - 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.

          (B) Peer review panels. - 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.

          (C) Review by secretary. - 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.

        (5) Secretarial decisionmaking. - Except where otherwise
      required by statute, the Secretary shall propose or issue a
      standard under this Chapter (!1) only upon a reasoned
      determination that the benefits of the intended standard justify
      its costs.

        (6) Exceptions from application. - The requirements of
      subparagraphs (D) and (E) of paragraph (2) do not apply when - 
          (A) the standard is the product of a negotiated rulemaking,
        or other rulemaking including the adoption of industry
        standards that receives no significant adverse comment within
        60 days of notice in the Federal Register;
          (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
          (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.

        (7) Report. - 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.

      (c) Public Safety Program Requirements. - (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.

      (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.
      (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.
      (4) Promoting public awareness. - 
        (A) Not later than one year after the date of enactment of the
      Accountable Pipeline Safety and Accountability Act of 1996,(!2)
      and annually thereafter, the owner or operator of each interstate
      gas pipeline facility shall provide to the governing body of each
      municipality in which the interstate gas pipeline facility is
      located, a map identifying the location of such facility.

        (B)(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.
        (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.

      (d) Facility Operation Information Standards. - 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.

      (e) Pipe Inventory Standards. - 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.

      (f) Standards as Accommodating "Smart Pigs". - 
        (1) Minimum safety standards. - 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.

        (2) Periodic inspections. - 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.

      (g) Effective Dates. - 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.
      (h) Safety Condition Reports. - (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.

      (2) The Secretary must receive the report not later than 5
    working days after a representative of a person to which this
    section applies first establishes that the condition exists. Notice
    of the condition shall be given concurrently to appropriate State
    authorities.
      (i) Carbon Dioxide Regulation. - 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.
      (j) Emergency Flow Restricting Devices. - (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.
      (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.
      (3) Remotely controlled valves. - (A) Not later than June 1,
    1998, the Secretary shall survey and assess the effectiveness of
    remotely controlled valves to shut off the flow of natural gas in
    the event of a rupture of an interstate natural gas pipeline
    facility and shall make a determination about whether the use of
    remotely controlled valves is technically and economically feasible
    and would reduce risks associated with a rupture of an interstate
    natural gas pipeline facility.
      (B) Not later than one year after the survey and assessment are
    completed, if the Secretary has determined that the use of remotely
    controlled valves is technically and economically feasible and
    would reduce risks associated with a rupture of an interstate
    natural gas pipeline facility, the Secretary shall prescribe
    standards under which an operator of an interstate natural gas
    pipeline facility must use a remotely controlled valve. These
    standards shall include, but not be limited to, requirements for
    high-density population areas.
      (k) Prohibition Against Low Internal Stress Exception. - The
    Secretary may not provide an exception to this chapter for a
    hazardous liquid pipeline facility only because the facility
    operates at low internal stress.
      (l) Updating Standards. - 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.
      (m) Inspections by Direct Assessment. - 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1304; Pub. L.
    104-304, Secs. 4, 20(g), Oct. 12, 1996, 110 Stat. 3794, 3805; Pub.
    L. 107-355, Secs. 20(a)(1), (2)(A), 23, Dec. 17, 2002, 116 Stat.
    3009, 3011.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60102(a)(1)    49 App.:1672(a)(1)      Aug. 12, 1968, Pub. L.       
                    (1st, 2d sentences).     90-481, Sec. 3(a)(1) (1st,  
                                            2d, 7th, 8th sentences), 82 
                                            Stat. 721; Oct. 11, 1976,   
                                            Pub. L. 94-477, Sec. 4(1),  
                                            90 Stat. 2073; Nov. 30,     
                                            1979, Pub. L. 96-129, Secs. 
                                            101(a), 109(c)-(e), 93 Stat.
                                            990, 996; Oct. 24, 1992,    
                                            Pub. L. 102-508, Sec.       
                                            101(a)(1), (2), 106 Stat.   
                                            3290.                       
                   49 App.:1672(a)(1)      Aug. 12, 1968, Pub. L.       
                    (3d sentence).          90-481, 82 Stat. 720, Sec.  
                                            3(a)(1) (3d sentence); added
                                            Oct. 31, 1988, Pub. L.      
                                            100-561, Sec. 101, 102 Stat.
                                            2806; Oct. 24, 1992, Pub. L.
                                            102-508, Sec. 106(1), 102   
                                            Stat. 3293.                 
                   49 App.:2002(a)(1)      Nov. 30, 1979, Pub. L.       
                    (1st, 2d sentences).     96-129, 203(a)(1), 93 Stat. 
                                            1004; Oct. 22, 1986, Pub. L.
                                            99-516, Sec. 3(b)(1)(A), 100
                                            Stat. 2966; Oct. 24, 1992,  
                                            Pub. L. 102-508, Sec.       
                                            201(a)(1), 106 Stat. 3299.  
                   49 App.:2002(c)         Nov. 30, 1979, Pub. L.       
                    (1st sentence).         96-129, Sec. 203(c) (1st    
                                            sentence), (e), (f), 93     
                                            Stat. 1004.                 
                   49 App.:2002(c) (2d     Nov. 30, 1979, Pub. L.       
                    sentence).              96-129, 93 Stat. 989, Sec.  
                                            203(c) (2d sentence); added 
                                            Oct. 31, 1988, Pub. L.      
                                            100-561, Sec. 201, 102 Stat.
                                            2809; Oct. 24, 1992, Pub. L.
                                            102-508, Sec. 205(1), 106   
                                            Stat. 3302.                 
    60102(a)(2)    49 App.:1672(a)(1)      Aug. 12, 1968, Pub. L.       
                    (4th, 5th               90-481, 82 Stat. 720, Sec.  
                    sentences).             3(a)(1) (4th, 5th           
                                            sentences); added Oct. 24,  
                                            1992, Pub. L. 102-508, Sec. 
                                            106(2), 102 Stat. 3293.     
                   49 App.:2002(c)         Nov. 30, 1979, Pub. L.       
                    (3d, 4th sentences).     96-129, 93 Stat. 989, Sec.  
                                            203(c) (3d, 4th sentences); 
                                            added Oct. 24, 1992, Pub. L.
                                            102-508, Sec. 205(2), 106   
                                            Stat. 3302.                 
    60102(b)       49 App.:1672(a)(1)                                   
                    (7th, 8th                                           
                    sentences).                                         
                   49 App.:2002(a)(1)                                   
                    (last sentence).                                    
                   49 App.:2002(b)         Nov. 30, 1979, Pub. L.       
                    (1st sentence).         96-129, Sec. 203(b) (1st    
                                            sentence), 93 Stat. 1004;   
                                            Oct. 24, 1992, Pub. L.      
                                            102-508, Sec. 201(a)(3), 106
                                            Stat. 3300.                 
    60102(c)(      49 App.:1672(a)(2).     Aug. 12, 1968, Pub. L.       
     1), (2)                                90-481, 82 Stat. 720, Sec.  
                                            3(a)(2); added Nov. 30,     
                                            1979, Pub. L. 96-129, Secs. 
                                            101(a), 109(c), 93 Stat.    
                                            990, 996.                   
    60102(c)(3)    49 App.:2002(e).                                     
    60102(d)       49 App.:1672(e).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            3(e); added Oct. 31, 1988,  
                                            Pub. L. 100-561, Sec. 102,  
                                            102 Stat. 2806; Oct. 24,    
                                            1992, Pub. L. 102-508, Sec. 
                                            102(b), 106 Stat. 3291.     
                   49 App.:2002(i).        Nov. 30, 1979, Pub. L.       
                                            96-129, 93 Stat. 989, Sec.  
                                            203(i); added Oct. 31, 1988,
                                            Pub. L. 100-561, Sec. 202,  
                                            102 Stat. 2810; Oct. 24,    
                                            1992, Pub. L. 102-508, Sec. 
                                            202(b), 106 Stat. 3301.     
    60102(e)       49 App.:1672(f).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            3(f); added Oct. 31, 1988,  
                                            Pub. L. 100-561, Sec. 102,  
                                            102 Stat. 2806; Oct. 24,    
                                            1992, Pub. L. 102-508, Sec. 
                                            102(a)(1), 106 Stat. 3290.  
                   49 App.:2002(j).        Nov. 30, 1979, Pub. L.       
                                            96-129, 93 Stat. 989, Sec.  
                                            203(j); added Oct. 31, 1988,
                                            Pub. L. 100-561, Sec. 202,  
                                            102 Stat. 2810; Oct. 24,    
                                            1992, Pub. L. 102-508, Sec. 
                                            202(a)(1), 106 Stat. 3300.  
    60102(f)       49 App.:1672(g).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            3(g); added Oct. 31, 1988,  
                                            Pub. L. 100-561, Sec.       
                                            108(b), 102 Stat. 2808; Oct.
                                            24, 1992, Pub. L. 102-508,  
                                            Sec. 103, 106 Stat. 3291.   
                   49 App.:2002(k).        Nov. 30, 1979, Pub. L.       
                                            96-129, 93 Stat. 989, Sec.  
                                            203(k); added Oct. 31, 1988,
                                            Pub. L. 100-561, Sec.       
                                            207(b), 102 Stat. 2812; Oct.
                                            24, 1992, Pub. L. 102-508,  
                                            Sec. 203, 106 Stat. 3301.   
    60102(g)       49 App.:1672(b).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 3(b), 82 Stat. 
                                            721; Nov. 30, 1979, Pub. L. 
                                            96-129, Sec. 109(c), (f), 93
                                            Stat. 996.                  
                   49 App.:2002(f).                                     
    60102(h)       49 App.:1672(a)(3).     Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            3(a)(3); added Oct. 22,     
                                            1986, Pub. L. 99-516, Sec.  
                                            3(a)(1), 100 Stat. 2965;    
                                            Oct. 24, 1992, Pub. L.      
                                            102-508, Sec. 101(a)(3), 106
                                            Stat. 3290.                 
                   49 App.:2002(a)(2).     Nov. 30, 1979, Pub. L.       
                                            96-129, 93 Stat. 989, Sec.  
                                            203(a)(2); added Oct. 22,   
                                            1986, Pub. L. 99-516, Sec.  
                                            3(b)(1)(B), 100 Stat. 2966; 
                                            Oct. 24, 1992, Pub. L.      
                                            102-508, Sec. 201(a)(2), 106
                                            Stat. 3300.                 
    60102(i)       49 App.:2015.           Nov. 30, 1979, Pub. L.       
                                            96-129, 93 Stat. 989, Sec.  
                                            219; added Oct. 31, 1988,   
                                            Pub. L. 100-561, Sec.       
                                            211(a), 102 Stat. 2813.     
                   49 App.:2015 (note).    Oct. 31, 1988, Pub. L.       
                                            100-561, Sec. 211(c), 102   
                                            Stat. 2813.                 
    60102(j)       49 App.:2002(n).        Nov. 30, 1979, Pub. L.       
                                            96-129, 93 Stat. 989, Sec.  
                                            203(n); added Oct. 24, 1992,
                                            Pub. L. 102-508, Sec. 212,  
                                            106 Stat. 3304.             
    60102(k)       49 App.:2002(b)         Nov. 30, 1979, Pub. L.       
                    (last sentence).        96-129, 93 Stat. 989, Sec.  
                                            203(b) (last sentence);     
                                            added Oct. 24, 1992, Pub. L.
                                            102-508, Sec. 206, 106 Stat.
                                            3302.                       
    --------------------------------------------------------------------

      In this section, the word "Federal" is omitted as surplus.
      In subsection (a)(1), before clause (A), the word "prescribe" is
    substituted for "by regulation, establish" for consistency in the
    revised title and with other titles of the United States Code.
    Standards are made applicable to transporters of gas and to owners
    and operators of gas pipeline facilities because of 49
    App.:1677(a)(1), restated in section 60118 of the revised title.
      In subsection (b), before clause (1), the words "Except as
    provided in section 60103 of this title" are added for clarity. In
    clause (3), the word "proposed" is omitted as surplus.
      In subsection (c)(1), before clause (A), the words "Not later
    than 12 months after November 30, 1979" are omitted as executed.
    The word "gas" is added because of the restatement. In clause (B),
    the word "specific" is omitted as surplus. In clause (C), the words
    "will protect" are substituted for "is being carried out in a
    manner . . . to assure protection" to eliminate unnecessary words.
      In subsection (c)(2) and (3), the words "to the public with
    respect to that operator's pipeline facilities which are" are
    omitted as surplus.
      In subsection (c)(2), the word "prescribe" is substituted for
    "provide" for consistency in the revised title and with other
    titles of the Code.
      In subsection (c)(3), the words "participate in a public safety
    program meeting the requirements of paragraph (1) of this
    subsection" are substituted for 49 App.:2002(e)(1) to eliminate
    unnecessary words.
      In subsection (d), before clause (1), the words "Not later than 1
    year after October 31, 1988" are omitted as obsolete. The word
    "prescribe" is substituted for "establish by regulation" for
    consistency in the revised title and with other titles of the Code.
    The word "maintain" is substituted for "provide, and revise as
    necessary" and "completed and maintained" to eliminate unnecessary
    words. The words "as the case may be" are omitted as surplus. In
    clause (2), before subclause (A), the words "map or" and
    "appropriate" are omitted as surplus. In clause (5)(B), the word
    "government" is omitted as surplus and for consistency in this
    chapter. In clause (6), the words "and necessary" are omitted as
    surplus.
      In subsections (e) and (f), the word "prescribe" is substituted
    for "by regulation, establish" for consistency in the revised title
    and with other titles of the Code.
      In subsection (e), before clause (1), the words "not later than 1
    year after October 31, 1988" are omitted as obsolete. The words
    "complete and" and "and to revise as appropriate thereafter" are
    omitted as surplus.
      In subsections (e)(2) and (k), the words "regulation under" are
    omitted as surplus.
      In subsection (g), the words "and amendments thereto" and
    "recited" are omitted as surplus. The word "different" is
    substituted for "earlier or later" to eliminate unnecessary words.
    The words "or amending" are omitted as surplus.
      In subsection (h)(1), before clause (A), the words "Not later
    than 12 months after October 22, 1986" are omitted as obsolete.
      In subsection (i), the words "In addition to hazardous liquids",
    "under this chapter", and "as necessary and appropriate" are
    omitted as surplus.
      In subsection (k), the words "In exercising any discretion under
    this chapter" are omitted as surplus. The word "because" is
    substituted for "on the basis of the fact that" to eliminate
    unnecessary words.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of this subsection, referred to in
    subsec. (m), is the date of enactment of Pub. L. 107-355, which was
    approved Dec. 17, 2002.
      The date of enactment of the Accountable Pipeline Safety and
    Accountability Act of 1996, referred to in subsec. (c)(4)(A),
    probably means the date of enactment of the Accountable Pipeline
    Safety and Partnership Act of 1996, Pub. L. 104-304, which amended
    this section and was approved Oct. 12, 1996.


-MISC2-
                                AMENDMENTS                            
      2002 - Pub. L. 107-355, Sec. 20(a)(2)(A), substituted "Purpose
    and general authority" for "General authority" in section
    catchline.
      Subsec. (a). Pub. L. 107-355, Sec. 20(a)(1), inserted subsec.
    heading, added par. (1), redesignated former par. (1) as (2),
    realigned margins, and substituted "Minimum safety standards" for
    "Minimum Safety Standards" in heading and "The Secretary" for "The
    Secretary of Transportation" in introductory provisions, and
    redesignated former par. (2) as (3) and inserted heading.
      Subsec. (m). Pub. L. 107-355, Sec. 23, added subsec. (m).
      1996 - Subsec. (a)(1)(A). Pub. L. 104-304, Sec. 4(a)(1), struck
    out "transporters of gas and hazardous liquid and to" after "apply
    to".
      Subsec. (a)(1)(C). Pub. L. 104-304, Sec. 4(a)(2), added subpar.
    (C) and struck out former subpar. (C) which read as follows: "shall
    include a requirement that all individuals responsible for the
    operation and maintenance of pipeline facilities be tested for
    qualifications and certified to operate and maintain those
    facilities."
      Subsec. (a)(2). Pub. L. 104-304, Sec. 4(a)(3), added par. (2) and
    struck out former par. (2) which read as follows: "As the Secretary
    considers appropriate, the operator of a pipeline facility may make
    the certification under paragraph (1)(C) of this subsection.
    Testing and certification under paragraph (1)(C) shall address the
    ability to recognize and react appropriately to abnormal operating
    conditions that may indicate a dangerous situation or a condition
    exceeding design limits."
      Subsec. (b). Pub. L. 104-304, Sec. 4(b), reenacted heading
    without change and amended text generally. Prior to amendment, text
    read as follows: "A standard prescribed under subsection (a) of
    this section shall be practicable and designed to meet the need for
    gas pipeline safety, for safely transporting hazardous liquid, and
    for protecting the environment. Except as provided in section 60103
    of this title, when prescribing the standard the Secretary shall
    consider - 
        "(1) relevant available - 
          "(A) gas pipeline safety information; or
          "(B) hazardous liquid pipeline information;
        "(2) the appropriateness of the standard for the particular
      type of pipeline transportation or facility;
        "(3) the reasonableness of the standard; and
        "(4) the extent to which the standard will contribute to public
      safety and the protection of the environment."
      Subsec. (c)(4). Pub. L. 104-304, Sec. 4(g), added par. (4).
      Subsec. (d). Pub. L. 104-304, Sec. 4(c), inserted "as required by
    the standards prescribed under this chapter" after "operating the
    facility", substituted "to make the information available" for "to
    provide the information", and inserted "as determined by the
    Secretary" after "to the Secretary and an appropriate State
    official".
      Subsec. (e). Pub. L. 104-304, Sec. 4(d)(2), substituted
    "transportation" for "transmission" in introductory provisions.
      Pub. L. 104-304, Sec. 4(d)(1), in introductory provisions,
    directed striking out "and, to the extent the Secretary considers
    necessary, an operator of a gathering line that is not a regulated
    gather line (as defined under section 60101(b)(2) of this title),"
    after "subject to this chapter", which was executed by striking out
    text which read in part "regulated gathering line" instead of
    "regulated gather line", to reflect the probable intent of
    Congress.
      Subsec. (f)(1). Pub. L. 104-304, Sec. 4(e)(1), added heading and
    text of par. (1) and struck out former par. (1) which read as
    follows: "The Secretary shall prescribe minimum safety standards
    requiring that the design and construction of a new gas pipeline
    transmission facility or hazardous liquid pipeline facility, and
    the required replacement of an existing gas pipeline transmission
    facility, hazardous liquid pipeline facility, or equipment, be
    carried out, to the extent practicable, in a way that accommodates
    the passage through the facility of an instrumented internal
    inspection device (commonly referred to as a 'smart pig'). The
    Secretary may apply the standard to an existing gas or hazardous
    liquid transmission facility and require the facility to be changed
    to allow the facility to be inspected with an instrumented internal
    inspection device if the basic construction of the facility will
    accommodate the device."
      Subsec. (f)(2). Pub. L. 104-304, Secs. 4(e)(2), 20(g), inserted
    heading, realigned margins, inserted ", if necessary, additional"
    after "the Secretary shall prescribe", and substituted "standards"
    for "regulations" in two places.
      Subsecs. (i), (j)(2). Pub. L. 104-304, Sec. 20(g), substituted
    "standards" for "regulations".
      Subsec. (j)(3). Pub. L. 104-304, Sec. 4(h), added par. (3).
      Subsec. (l). Pub. L. 104-304, Sec. 4(f), added subsec. (l).

                 STATE PIPELINE SAFETY ADVISORY COMMITTEES             
      Pub. L. 107-355, Sec. 24, Dec. 17, 2002, 116 Stat. 3011, provided
    that: "Within 90 days after receiving recommendations for
    improvements to pipeline safety from an advisory committee
    appointed by the Governor of any State, the Secretary of
    Transportation shall respond in writing to the committee setting
    forth what action, if any, the Secretary will take on those
    recommendations and the Secretary's reasons for acting or not
    acting upon any of the recommendations."

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.

    (!2) See References in Text note below.


-End-



-CITE-
    49 USC Sec. 60103                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60103. Standards for liquefied natural gas pipeline facilities

-STATUTE-
      (a) Location Standards. - 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; and
        (6) need to encourage remote siting.

      (b) Design, Installation, Construction, Inspection, and Testing
    Standards. - 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.

      (c) Nonapplication. - (1) Except as provided in paragraph (2) of
    this subsection, a design, location, installation, construction,
    initial inspection, or initial testing standard prescribed under
    this chapter after March 1, 1978, does not apply to an existing
    liquefied natural gas pipeline facility if the standard is to be
    applied because of authority given - 
        (A) under this chapter; or
        (B) under another law, and the standard is not prescribed at
      the time the authority is applied.

      (2)(A) Any design, installation, construction, initial
    inspection, or initial testing standard prescribed under this
    chapter after March 1, 1978, may provide that the standard applies
    to any part of a replacement component of a liquefied natural gas
    pipeline facility if the component or part is placed in service
    after the standard is prescribed and application of the standard - 
        (i) does not make the component or part incompatible with other
      components or parts; or
        (ii) is not impracticable otherwise.

      (B) Any location standard prescribed under this chapter after
    March 1, 1978, does not apply to any part of a replacement
    component of an existing liquefied natural gas pipeline facility.
      (3) A design, installation, construction, initial inspection, or
    initial testing standard does not apply to a liquefied natural gas
    pipeline facility existing when the standard is adopted.
      (d) Operation and Maintenance Standards. - 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.

      (e) Effective Dates. - 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.
      (f) Contingency Plans. - 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.
      (g) Effect on Other Standards. - This section does not preclude
    applying a standard prescribed under section 60102 of this title to
    a gas pipeline facility (except a liquefied natural gas pipeline
    facility) associated with a liquefied natural gas pipeline
    facility.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1307.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60103(a)       49 App.:1674a(a)        Aug. 12, 1968, Pub. L.       
                    (1)(A), (d)(1), (e).     90-481, 82 Stat. 720, Sec.  
                                            6; added Nov. 30, 1979, Pub.
                                            L. 96-129, Sec. 152(a), 93  
                                            Stat. 999.                  
    60103(b)       49 App.:1674a(a)                                     
                    (1)(B), (2),                                        
                    (d)(2), (e).                                        
    60103(c)(      49 App.:1674a(c)(1).                                 
     1), (2)                                                            
    60103(c)(3)    49 App.:1674a(c)(3).                                 
    60103(d)       49 App.:1674a(b),                                    
                    (d)(3), (e).                                        
    60103(e)       49 App.:1674a(f).                                    
    60103(f)       49 App.:1674a(a)(3).                                 
    60103(g)       49 App.:1674a(c)(2).                                 
    --------------------------------------------------------------------

      In subsections (a), (b), and (d), the words "general safety" are
    omitted as surplus. The text of 49 App.:1674a(e) is omitted for
    consistency in the revised title and with other titles of the
    United States Code.
      In subsections (a) and (b), before each clause (1), the words
    "Not later than 180 days after November 30, 1979" are omitted as
    executed. The word "prescribe" is substituted for "establish by
    regulation" for consistency in the revised title and with other
    titles of the Code.
      In subsection (a), before clause (1), the words "with respect to
    standards relating to the location of any new LNG facility" are
    omitted because of the restatement. In clause (2), the word
    "involved" is omitted as surplus. In clause (4), the words
    "meteorological, geological, topographical, seismic, and other" are
    omitted as surplus. In clause (5), the word "existing" is omitted
    as surplus.
      In subsection (b), before clause (1), the text of 49
    App.:1674a(a)(2) (1st sentence) is omitted as executed. The text of
    49 App.:1674a(a)(2) (last sentence) is omitted as surplus. The
    words "with respect to standards applicable to the design,
    installation, construction, initial inspection, and initial testing
    of any new LNG facility" are omitted because of the restatement. In
    clause (1), the words "thermal resistance and other" are omitted as
    surplus. In clause (2), the words "(such as multiple diking,
    insulated concrete, and vapor containment barriers)" are omitted as
    surplus. In clause (3), the words "(for example, whether it is to
    be in a liquid or semisolid state)" are omitted as surplus. In
    clause (4), the words "under such a design" are omitted as surplus.
      In subsection (c)(1) and (2), the word "prescribed" is
    substituted for "issued" for consistency in the revised title and
    with other titles of the Code.
      In subsection (c)(1), before clause (A), the words "if the
    standard is to be applied" are added for clarity. The word "either"
    is omitted as surplus. In clause (B), the word "Federal" is omitted
    as surplus. The words "the authority is applied" are substituted
    for "such authority was exercised" for clarity.
      In subsection (c)(2)(A), before clause (i), the words "design,
    installation, construction, initial inspection, or initial testing
    standard prescribed under this chapter after March 1, 1978" are
    substituted for "Any such standard (other than one affecting
    location)" for clarity. In clause (i), the words "of the facility
    involved" are omitted as surplus. In clause (ii), the word
    "otherwise" is omitted as surplus.
      In subsection (d), before clause (1), the words "Not later than
    270 days after November 30, 1979" are omitted as executed. The
    words "with respect to standards for the operation and maintance
    [sic] of any LNG facility" are omitted because of the restatement.
    In clause (3), the words "to be used with respect to the operation
    of such facility" and "sabotage or other" are omitted as surplus.
      In subsection (e), the text of 49 App.:1674a(f) (related to 49
    App.:1672(a)(1) (8th, last sentences), (c), and (d)) is omitted as
    surplus because those provisions apply to all standards prescribed
    under the Natural Gas Pipeline Safety Act of 1968 (Public Law 90-
    481, 82 Stat. 720).
      In subsection (f), the words "Secretary of Energy" are
    substituted for "Department of Energy" because of 42:7131. The
    words "or local" are added for clarity. The words "in the case of
    any facility not subject to the jurisdiction of the Department
    under the Natural Gas Act" are omitted as surplus.

-End-



-CITE-
    49 USC Sec. 60104                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60104. Requirements and limitations

-STATUTE-
      (a) Opportunity To Present Views. - 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.
      (b) Nonapplication. - A design, installation, construction,
    initial inspection, or initial testing standard does not apply to a
    pipeline facility existing when the standard is adopted.
      (c) Preemption. - A State authority that has submitted a current
    certification under section 60105(a) of this title may adopt
    additional or more stringent safety standards for intrastate
    pipeline facilities and intrastate pipeline transportation only if
    those standards are compatible with the minimum standards
    prescribed under this chapter. A State authority may not adopt or
    continue in force safety standards for interstate pipeline
    facilities or interstate pipeline transportation. Notwithstanding
    the preceding sentence, a State authority may enforce a requirement
    of a one-call notification program of the State if the program
    meets the requirements for one-call notification programs under
    this chapter or chapter 61.
      (d) Consultation. - (1) When continuity of gas service is
    affected by prescribing a standard or waiving compliance with
    standards under this chapter, the Secretary of Transportation shall
    consult with and advise the Federal Energy 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.
      (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.
      (e) Location and Routing of Facilities. - This chapter does not
    authorize the Secretary of Transportation to prescribe the location
    or routing of a pipeline facility.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1308; Pub. L.
    107-355, Sec. 3(a), Dec. 17, 2002, 116 Stat. 2986.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60104(a)       49 App.:1672(c).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 3(c), 82 Stat. 
                                            721; Nov. 30, 1979, Pub. L. 
                                            96-129, Secs. 104(a)(2),    
                                            (c), 109(c), 93 Stat. 992,  
                                            994, 996.                   
                   49 App.:2002(g).        Nov. 30, 1979, Pub. L.       
                                            96-129, Secs. 202(4)        
                                            (28th-last words), 203(c)   
                                            (last sentence), (g), 93    
                                            Stat. 1003, 1004, 1005.     
    60104(b)       49 App.:1672(a)(1)      Aug. 12, 1968, Pub. L.       
                    (6th sentence).         90-481, Sec. 3(a)(1) (6th,  
                                            9th, last sentences), 82    
                                            Stat. 721; Oct. 11, 1976,   
                                            Pub. L. 94-477, Sec. 4(2),  
                                            90 Stat. 2073; Nov. 30,     
                                            1979, Pub. L. 96-129, Secs. 
                                            101(a), 109(c), (e), 93     
                                            Stat. 990, 996; Oct. 24,    
                                            1992, Pub. L. 102-508, Sec. 
                                            116, 106 Stat. 3298.        
                   49 App.:2002(c)                                      
                    (last sentence).                                    
    60104(c)       49 App.:1672(a)(1)                                   
                    (9th, last                                          
                    sentences).                                         
                   49 App.:2002(d).        Nov. 30, 1979, Pub. L.       
                                            96-129, Sec. 203(d), 93     
                                            Stat. 1004; Oct. 24, 1992,  
                                            Pub. L. 102-508, Sec. 215,  
                                            106 Stat. 3305.             
    60104(d)       49 App.:1676(a).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 9(a), 82 Stat. 
                                            725; Nov. 30, 1979, Pub. L. 
                                            96-129, Secs. 109(i),       
                                            152(a), (b)(3), 93 Stat.    
                                            997, 999, 1001; Oct. 30,    
                                            1988, Pub. L. 100-561, Sec. 
                                            105(1), 102 Stat. 2807.     
    60104(e)       49 App.:1671(4)         Aug. 12, 1968, Pub. L.       
                    (33d-last words).       90-481, Sec. 2(4) (33d-last 
                                            words), 82 Stat. 720.       
                   49 App.:2001(4)                                      
                    (28th-last words).                                  
    --------------------------------------------------------------------

      Subsection (a) is substituted for 49 App.:1672(c) (last sentence)
    and 2002(g) (last sentence) to eliminate unnecessary words. The
    text of 49 App.:1672(c) (1st sentence) and 2002(g) (1st sentence)
    is omitted as unnecessary because 5:ch. 5, subch. II applies unless
    otherwise stated.
      In subsection (c), the words "prescribed under this chapter" are
    added for clarity. The words "after the Federal minimum standards
    become effective" in 49 App.:1672(a) (last sentence) are omitted as
    obsolete.
      In subsection (d)(1), the words "waiving compliance" are
    substituted for "action upon application for waiver" and "acting on
    the waiver application" to eliminate unnecessary words. The words
    "the provisions of" are omitted as surplus. The word "authority" is
    substituted for "commission" for consistency in the revised title
    and with other titles of the Code.
      In subsection (d)(2), the words "and conclusive" are omitted as
    being included in "binding". The words "Secretary of Energy" are
    substituted for "Department of Energy" because of 42:7231.

                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-355 inserted at end
    "Notwithstanding the preceding sentence, a State authority may
    enforce a requirement of a one-call notification program of the
    State if the program meets the requirements for one-call
    notification programs under this chapter or chapter 61."

-End-



-CITE-
    49 USC Sec. 60105                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60105. State pipeline safety program certifications

-STATUTE-
      (a) General Requirements and Submission. - Except as provided in
    this section and sections 60114 and 60121 of this title, the
    Secretary of Transportation may not prescribe or enforce safety
    standards and practices for an intrastate pipeline facility or
    intrastate pipeline 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.
      (b) Contents. - Each certification submitted under subsection (a)
    of this section shall state that the State authority - 
        (1) has regulatory jurisdiction over the standards and
      practices to which the certification applies;
        (2) has adopted, by the date of certification, each applicable
      standard prescribed under this chapter or, if a standard under
      this chapter was prescribed not later than 120 days before
      certification, is taking steps to adopt that standard;
        (3) is enforcing each adopted standard through ways that
      include inspections conducted by State employees meeting the
      qualifications the Secretary prescribes under section
      60107(d)(1)(C) of this title;
        (4) is encouraging and promoting programs designed to prevent
      damage by demolition, excavation, tunneling, or construction
      activity to the pipeline facilities to which the certification
      applies;
        (5) may require record maintenance, reporting, and inspection
      substantially the same as provided under section 60117 of this
      title;
        (6) may require that plans for inspection and maintenance under
      section 60108 (a) and (b) of this title be filed for approval;
      and
        (7) may enforce safety standards of the authority under a law
      of the State by injunctive relief and civil penalties
      substantially the same as provided under sections 60120 and
      60122(a)(1) and (b)-(f) of this title.

      (c) Reports. - (1) Each certification submitted under subsection
    (a) of this section shall include a report that contains - 
        (A) the name and address of each person to whom the
      certification applies that is subject to the safety jurisdiction
      of the State authority;
        (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;
        (C) the record maintenance, reporting, and inspection practices
      conducted by the authority to enforce compliance with safety
      standards prescribed under this chapter to which the
      certification applies, including the number of inspections of
      pipeline facilities the authority made during the prior 12
      months; and
        (D) any other information the Secretary requires.

      (2) The report included in the first certification submitted
    under subsection (a) of this section is only required to state
    information available at the time of certification.
      (d) Application. - 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.
      (e) Monitoring. - 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.
      (f) Rejections of Certification. - 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1309; Pub. L.
    104-304, Sec. 20(a), Oct. 12, 1996, 110 Stat. 3804.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60105(a)       49 App.:1674(a)         Aug. 12, 1968, Pub. L.       
                    (1st sentence words     90-481, Sec. 5(a), 82 Stat. 
                    before "that such       722; Aug. 22, 1972, Pub. L. 
                    State agency").         92-401, Sec. 1, 86 Stat.    
                                            616; Oct. 11, 1976, Pub. L. 
                                            94-477, Sec. 5(a), 90 Stat. 
                                            2073; Nov. 30, 1979, Pub. L.
                                            96-129, Secs. 101(b),       
                                            103(a), (b)(3), 109(g),     
                                            (h)(1), 93 Stat. 990, 991,  
                                            996; Jan. 14, 1983, Pub. L. 
                                            97-468, Sec. 104, 96 Stat.  
                                            2543; Oct. 31, 1988, Pub. L.
                                            100-561, Secs. 103,         
                                            303(b)(1), 102 Stat. 2807,  
                                            2816; Oct. 24, 1992, Pub. L.
                                            102-508, Secs. 110(a), 111, 
                                            106 Stat. 3295.             
                   49 App.:2004(a)         Nov. 30, 1979, Pub. L.       
                    (1st sentence words     96-129, Sec. 205(a), 93     
                    before "that such       Stat. 1006; Oct. 31, 1988,  
                    State agency").         Pub. L. 100-561, Sec. 203,  
                                            102 Stat. 2810; Oct. 24,    
                                            1992, Pub. L. 102-508, Secs.
                                            209(a), 210, 106 Stat. 3304.
    60105(b)       49 App.:1674(a)                                      
                    (1st sentence words                                 
                    after "an annual                                    
                    certification").                                    
                   49 App.:2004(a)                                      
                    (1st sentence words                                 
                    after "an annual                                    
                    certification").                                    
    60105(c)       49 App.:1674(a)                                      
                    (2d, 3d sentences).                                 
                   49 App.:2004(a)                                      
                    (2d, last                                           
                    sentences).                                         
    60105(d)       49 App.:1674(e).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 5(e), 82 Stat. 
                                            724; Oct. 11, 1976, Pub. L. 
                                            94-477, Sec. 5(c), 90 Stat. 
                                            2074; Nov. 30, 1979, Pub. L.
                                            96-129, Sec. 103(b)(2)(B),  
                                            93 Stat. 991.               
                   49 App.:2004(e).        Nov. 30, 1979, Pub. L.       
                                            96-129, Sec. 205(c) (related
                                            to certification), (e), (f),
                                            93 Stat. 1007, 1008.        
    60105(e)       49 App.:1674(c)         Aug. 12, 1968, Pub. L.       
                    (related to             90-481, 82 Stat. 720, Sec.  
                    certification).         5(c) (related to            
                                            certification); added Nov.  
                                            30, 1979, Pub. L. 96-129,   
                                            Sec. 103(b)(2)(C), 93 Stat. 
                                            991.                        
                   49 App.:2004(c)                                      
                    (related to                                         
                    certification).                                     
    60105(f)       49 App.:1674(a)                                      
                    (4th, last                                          
                    sentences).                                         
                   49 App.:2004(f).                                     
    --------------------------------------------------------------------

      In subsection (a), the words "applicable to same" are omitted as
    surplus. The words "for the facilities and transportation that
    complies with subsections (b) and (c) of this section" are added
    for clarity.
      In subsections (b) and (c), the words "to which the certification
    applies" and "to whom the certification applies" are added because
    of the restatement.
      In subsection (b)(2), the words "Federal safety" and "pursuant to
    State law" are omitted as surplus.
      In subsection (b)(7), the words "injunctive relief and civil
    penalties" are substituted for "injunctive and monetary sanctions"
    for clarity and consistency.
      In subsection (c)(1), before clause (A), the word "annual" is
    omitted as surplus. The words "in such form as the Secretary may by
    regulation provide" are omitted as surplus because of 49:322(a). In
    clause (B), the words "or loss" are added for consistency in the
    revised title and with other titles of the United States Code. In
    clause (C), the words "a detail of" are omitted as surplus.
      In subsection (d), the words "with respect" and "new or amended
    Federal" are omitted as surplus.
      In subsection (e), the words "conduct whatever . . . may be
    necessary" and "fully" are omitted as surplus. The words "with the
    Secretary" are substituted for "in any monitoring of their
    programs" for clarity.
      In subsection (f), the words "prescribed under this chapter" are
    added for clarity. The word "reasonable" is omitted as surplus.

                                AMENDMENTS                            
      1996 - Pub. L. 104-304 substituted "State pipeline safety program
    certifications" for "State certifications" in section catchline.

-End-



-CITE-
    49 USC Sec. 60106                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60106. State pipeline safety agreements

-STATUTE-
      (a) Agreements Without Certification. - 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.

      (b) Agreements With Certification. - 
        (1) In general. - 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.
        (2) Determinations required. - 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.

        (3) Existing agreements. - 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.

      (c) Notification. - 
        (1) In general. - 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.
        (2) Response by secretary. - 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.

      (d) Monitoring. - 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.
      (e) Ending Agreements. - 
        (1) Permissive termination. - 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.
        (2) Mandatory termination of agreement. - 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.

        (3) Procedural requirements. - 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1310; Pub. L.
    104-304, Sec. 20(b), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 107-
    355, Sec. 4, Dec. 17, 2002, 116 Stat. 2986.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60106(a)       49 App.:1674(b)         Aug. 12, 1968, Pub. L.       
                    (1st sentence).         90-481, Sec. 5(b), 82 Stat. 
                                            723; Oct. 11, 1976, Pub. L. 
                                            94-477, Sec. 5(b), 90 Stat. 
                                            2074; Nov. 30, 1979, Pub. L.
                                            96-129, Secs. 103(b)(1),    
                                            109(h)(2), 93 Stat. 991, 996.
                   49 App.:2004(b)         Nov. 30, 1979, Pub. L.       
                    (1st sentence).         96-129, Sec. 205(b), (c)    
                                            (related to agreement), (g),
                                            93 Stat. 1007, 1008.        
    60106(b)       49 App.:1674(b)                                      
                    (last sentence).                                    
                   49 App.:2004(b)                                      
                    (last sentence).                                    
    60106(c)       49 App.:1674(c)         Aug. 12, 1968, Pub. L.       
                    (related to             90-481, 82 Stat. 720, Sec.  
                    agreement).             5(c) (related to agreement);
                                            added Nov. 30, 1979, Pub. L.
                                            96-129, Sec. 103(b)(2)(C),  
                                            93 Stat. 991.               
                   49 App.:2004(c)                                      
                    (related to                                         
                    agreement).                                         
    60106(d)       49 App.:1674(f).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 5(f), 82 Stat. 
                                            724; Nov. 30, 1979, Pub. L. 
                                            96-129, Sec. 103(b) (2)(B), 
                                            93 Stat. 991.               
                   49 App.:2004(g).                                     
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the word "annual" is
    omitted as surplus. The words "to take necessary action" are
    substituted for "to assume responsibility for, and carry out" for
    clarity. The words "on behalf of the Secretary" are omitted as
    surplus. In clause (1), the words "applicable . . . prescribed
    under this chapter" are added for clarity. The word "Federal" is
    omitted as surplus. In clause (2), the word "prescribe" is
    substituted for "establish" for consistency in the revised title
    and with other titles of the United States Code.
      In subsection (b), the words "action taken in carrying out an
    agreement" are substituted for "its program" for clarity.
      In subsection (c), the words "conduct whatever . . . may be
    necessary" and "fully" are omitted as surplus. The words "with the
    Secretary" are substituted for "in any monitoring of their
    programs" for clarity.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Enactment of the Pipeline Safety Improvement Act of 2002,
    referred to in subsec. (b)(3), is the enactment of Pub. L. 107-355,
    which was approved Dec. 17, 2002.


-MISC2-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-355, Sec. 4(a)(1), substituted
    "Agreements Without Certification" for "General Authority" in
    heading.
      Subsec. (b). Pub. L. 107-355, Sec. 4(a)(3), added subsec. (b).
    Former subsec. (b) redesignated (c).
      Subsec. (c). Pub. L. 107-355, Sec. 4(a)(2), (c), redesignated
    subsec. (b) as (c), designated existing provisions as par. (1),
    inserted par. heading, realigned margins, and added par. (2).
    Former subsec. (c) redesignated (d).
      Subsec. (d). Pub. L. 107-355, Sec. 4(a)(2), redesignated subsec.
    (c) as (d). Former subsec. (d) redesignated (e).
      Subsec. (e). Pub. L. 107-355, Sec. 4(a)(2), (b), redesignated
    subsec. (d) as (e), reenacted heading without change and amended
    text generally. Prior to amendment, text read as follows: "The
    Secretary may end an agreement made under this section when the
    Secretary finds that the State authority has not complied with any
    provision of the agreement. The Secretary shall give the authority
    notice and an opportunity for a hearing 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."
      1996 - Pub. L. 104-304 substituted "State pipeline safety
    agreements" for "State agreements" in section catchline.

-End-



-CITE-
    49 USC Sec. 60107                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60107. State pipeline safety grants

-STATUTE-
      (a) General Authority. - 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 50 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.

      (b) Payments. - 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 and that the total State amount
    spent for a safety program (excluding grants of the United States
    Government) will at least equal the average amount spent - 
        (1) for a gas safety program, for the fiscal years that ended
      June 30, 1967, and June 30, 1968; and
        (2) for a hazardous liquid safety program, for the fiscal years
      that ended September 30, 1978, and September 30, 1979.

      (c) Apportionment and Method of Payment. - 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.
      (d) Additional Authority and Considerations. - (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.

      (2) The qualifications prescribed under paragraph (1)(C) of this
    subsection may - 
        (A) consider the experience and training of the employee;
        (B) order training or other requirements; and
        (C) provide for approval of qualifications on a conditional
      basis until specified requirements are met.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1311; Pub. L.
    104-304, Sec. 20(c), Oct. 12, 1996, 110 Stat. 3804.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60107(a)       49 App.:1674(d)(1)      Aug. 12, 1968, Pub. L.       
                    (1st sentence).         90-481, Sec. 5(d)(1), (3),  
                                            (4), 82 Stat. 724; Aug. 22, 
                                            1972, Pub. L. 92-401, Sec.  
                                            2, 86 Stat. 616; Aug. 30,   
                                            1974, Pub. L. 93-403, Sec.  
                                            2, 88 Stat. 802; Nov. 30,   
                                            1979, Pub. L. 96-129, Sec.  
                                            103(b)(2)(B), 93 Stat. 991. 
                   49 App.:2004(d)(1)      Nov. 30, 1979, Pub. L.       
                    (1st sentence).         96-129, Sec. 205(d)(1), (3),
                                            (4), 93 Stat. 1008.         
    60107(b)       49 App.:1674(d)(1)                                   
                    (2d, last                                           
                    sentences).                                         
                   49 App.:2004(d)(1)                                   
                    (2d, last                                           
                    sentences).                                         
    60107(c)       49 App.:1674(d)(2).     Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            5(d)(2); added Aug. 30,     
                                            1974, Pub. L. 93-403, Sec.  
                                            2, 88 Stat. 802; Nov. 30,   
                                            1979, Pub. L. 96-129, Secs. 
                                            103(b)(2)(B), 109(h)(3), 93 
                                            Stat. 991, 996; Apr. 7,     
                                            1986, Pub. L. 99-272, Sec.  
                                            7002(b)(1), 100 Stat. 139.  
                   49 App.:1674(d)(3).                                  
                   49 App.:2004(d)(2).     Nov. 30, 1979, Pub. L.       
                                            96-129, Sec. 205(d)(2), 93  
                                            Stat. 1008; Apr. 7, 1986,   
                                            Pub. L. 99-272, Sec.        
                                            7002(b)(2), 100 Stat. 139.  
                   49 App.:2004(d)(3).                                  
    60107(d)       49 App.:1674(d)(4).                                  
     (1)(A), (B)                                                         
                   49 App.:2004(d)(4).                                  
    60107(d)       49 App.:1674(d)(5).     Aug. 12, 1968, Pub. L.       
     (1)(C), (2)                             90-481, 82 Stat. 720, Sec.  
                                            5(d)(5); added Oct. 31,     
                                            1988, Pub. L. 100-561, Sec. 
                                            104, 102 Stat. 2807.        
                   49 App. 2004(d)(5).     Nov. 30, 1979, Pub. L.       
                                            96-129, 93 Stat. 989, Sec.  
                                            205(d)(5); added Oct. 31,   
                                            1988, Pub. L. 100-561, Sec. 
                                            204, 102 Stat. 2811.        
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "Except as
    otherwise provided in this section" and "out of funds appropriated
    or otherwise made available" are omitted as surplus.
      In subsection (b), before clause (1), the word "payment" is
    substituted for "funds" for clarity. The words "the total State
    amount spent" are substituted for "the aggregate expenditures of
    funds for the State", and the words "at least equal the average
    amount spent" are substituted for "be maintained at a level which
    does not fall below the average level of such expenditures", to
    eliminate unnecessary words. In clause (1), the words "that ended
    June 30, 1967, and June 30, 1968" are substituted for "last two . .
    . preceding August 12, 1968" for clarity. In clause (2), the words
    "that ended September 30, 1978, and September 30, 1979" are
    substituted for "last two . . . preceding November 30, 1979" for
    clarity.
      In subsection (c), the words "the Federal grants-in-aid
    provisions of", "for payments to aid in the conduct of pipeline
    safety programs in accordance with paragraph (1) of this
    subsection", and "with necessary adjustments on account of
    overpayments and underpayments" are omitted as surplus.
      In subsection (d)(1), before clause (A), the word "prescribe" is
    substituted for "by regulation, provide for" and "establish by
    regulation" for consistency in the revised title and with other
    titles of the United States Code. In clause (C), the words "to
    receive a payment under this section" are substituted for "in order
    to participate in the pipeline safety grant program under this
    subsection", and the words "under section 60105 or 60106 of this
    title" are substituted for "pursuant to either an annual
    certification by a State agency or an agreement relating to
    inspection between a State agency and the Secretary", to eliminate
    unnecessary words.
      In subsection (d)(2), before clause (A), the words
    "qualifications prescribed" are substituted for "regulations" for
    clarity and consistency.

                                AMENDMENTS                            
      1996 - Pub. L. 104-304 substituted "State pipeline safety grants"
    for "State grants" in section catchline.

-End-



-CITE-
    49 USC Sec. 60108                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60108. Inspection and maintenance

-STATUTE-
      (a) Plans. - (1) Each person owning or operating an intrastate
    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.
      (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 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; and
        (D) the extent to which the plan will contribute to public
      safety and the protection of the environment.

      (3) A plan required under this subsection shall be made available
    to the Secretary or State authority on request under section 60117
    of this title.
      (b) Inspection and Testing. - (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,
      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.

      (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.
      (3) Testing under this subsection shall use the most appropriate
    technology practicable.
      (c) Pipeline Facilities Offshore and in Other Waters. - (1) In
    this subsection - 
        (A) "abandoned" means permanently removed from service.
        (B) "pipeline facility" includes an underwater abandoned
      pipeline facility.
        (C) if a pipeline facility has no operator, the most recent
      operator of the facility is deemed to be the operator of the
      facility.

      (2)(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.

      (B) In prescribing standards to carry out subparagraph (A) of
    this paragraph - 
        (i) the Secretary shall identify what is a hazard to navigation
      with respect to an underwater abandoned pipeline facility; and
        (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.

      (3)(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.
      (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.
      (4)(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.
      (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.
      (5)(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.
      (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.
      (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.
      (6)(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.
      (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.
      (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.
      (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.
      (d) Replacing Cast Iron Gas Pipelines. - (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.

      (2) Chapter 35 of title 44 does not apply to the conduct of the
    survey.
      (3) This subsection does not prevent the Secretary from
    developing Government guidelines or standards for cast iron gas
    pipelines as the Secretary considers appropriate.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1312; Pub. L.
    104-304, Secs. 6, 20(h), Oct. 12, 1996, 110 Stat. 3800, 3805.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
       Revised       Source (U.S. Code)      Source (Statutes at Large) 
       Section                                                          
    --------------------------------------------------------------------
    60108(a)(1)     49 App.:1680(a)         Aug. 12, 1968, Pub. L.      
                     (1st, 2d sentences).     90-481, Sec. 13(a), 82     
                                             Stat. 726; Oct. 11, 1976,  
                                             Pub. L. 94-477, Sec. 6, 90 
                                             Stat. 2075; Nov. 30, 1979, 
                                             Pub. L. 96-129, Secs.      
                                             104(b), 105(a), 93 Stat.   
                                             992, 994; Oct. 22, 1986,   
                                             Pub. L. 99-516, Sec.       
                                             3(a)(2), 100 Stat. 2966;   
                                             Oct. 31, 1988, Pub. L.     
                                             100-561, Sec. 108(a)(1),   
                                             102 Stat. 2808; Oct. 24,   
                                             1992, Pub. L. 102-508, Sec.
                                             102(c), 106 Stat. 3291.    
                    49 App.:2009(a)         Nov. 30, 1979, Pub. L.      
                     (1st, 2d sentences).     96-129, Sec. 210(a), 93    
                                             Stat. 1011; Oct. 22, 1986, 
                                             Pub. L. 99-516, Sec.       
                                             3(b)(2), 100 Stat. 2966;   
                                             Oct. 31, 1988, Pub. L.     
                                             100-561, Sec. 207(c), 102  
                                             Stat. 2812.                
    60108(a)(2)     49 App.:1680(a)                                     
                     (3d-5th, last                                      
                     sentences).                                        
                    49 App.:2009(a) (3d                                 
                     sentence 1st-18th                                  
                     words, last                                        
                     sentence).                                         
                    49 App.:2009(b).        Nov. 30, 1979, Pub. L.      
                                             96-129, Sec. 210(b), 93    
                                             Stat. 1012; Oct. 24, 1992, 
                                             Pub. L. 102-508, Sec.      
                                             202(c)(1), 106 Stat. 3301. 
    60108(a)(3)     49 App.:1680(a)                                     
                     (6th sentence).                                    
                    49 App.:2009(a) (3d                                 
                     sentence 19th-last                                 
                     words).                                            
    60108(b)(1)     49 App.:1680(b)(1)      Aug. 12, 1968, Pub. L.      
                     (1st sentence), (2).     90-481, 82 Stat. 720, Sec. 
                                             13(b); added Oct. 31, 1988,
                                             Pub. L. 100-561, Sec.      
                                             108(a)(2), 102 Stat. 2808. 
                    49 App.:2009(d)(1)      Nov. 30, 1979, Pub. L.      
                     (1st sentence), (2).     96-129, 93 Stat. 989, Sec. 
                                             210(d); added Oct. 31,     
                                             1988, Pub. L. 100-561, Sec.
                                             207(a), 102 Stat. 2811;    
                                             Oct. 24, 1992, Pub. L.     
                                             102-508, Sec. 202(c)(2)    
                                             (related to Sec.           
                                             210(d)(2)(D)), 106 Stat.   
                                             3301.                      
    60108(b)(2)     49 App.:1680(b)(1)                                  
                     (2d, 3d sentences).                                
                    49 App.:2009(d)(1)                                  
                     (2d, 3d sentences).                                
    60108(b)(3)     49 App.:1680(b)(1)                                  
                     (last sentence).                                   
                    49 App.:2009(d)(1)                                  
                     (last sentence).                                   
    60108(c)(1)     49                      Aug. 12, 1968, Pub. L.      
                     App.:1672(h)(6)(A),     90-481, 82 Stat. 720, Sec. 
                     (D).                    3(h)(6); added Oct. 24,    
                                             1992, Pub. L. 102-508, Sec.
                                             117, 106 Stat. 3298.       
                    49                      Nov. 30, 1979, Pub. L.      
                     App.:2002(l)(7)(A),     96-129, 93 Stat. 989, Sec. 
                     (D).                    203(l)(7); added Oct. 24,  
                                             1992, Pub. L. 102-508, Sec.
                                             216, 106 Stat. 3306.       
    60108(c)        49 App.:1672(h)(3).     Aug. 12, 1968, Pub. L.      
     (2)(A)                                  90-481, 82 Stat. 720, Sec. 
                                             3(h)(1)-(4); added Nov. 16,
                                             1990, Pub. L. 101-599, Sec.
                                             1(a), 104 Stat. 3038; Oct. 
                                             24, 1992, Pub. L. 102-508, 
                                             Sec. 108(1)-(4), 106 Stat. 
                                             3293.                      
                    49 App.:2002(l)(3).     Nov. 30, 1979, Pub. L.      
                                             96-129, 93 Stat. 989, Sec. 
                                             203(l)(1)-(4); added Nov.  
                                             16, 1990, Pub. L. 101-599, 
                                             Sec. 1(b), 104 Stat. 3039; 
                                             Oct. 24, 1992, Pub. L.     
                                             102-508, Sec. 207(1)-(4),  
                                             106 Stat. 3302.            
    60108(c)        49 App.:1672(h)(6)                                  
     (2)(B)          (B)(i), (ii)                                       
                     (related to                                        
                     paragraph (3)).                                    
                    49 App.:2002(l)(7)                                  
                     (B)(i), (ii)                                       
                     (related to                                        
                     paragraph (3)).                                    
    60108(c)(3)     49 App.:1672(h)(1),                                 
                     (2).                                               
                    49 App.:2002(l)(1),                                 
                     (2).                                               
    60108(c)        49 App.:1672(h)(4).                                 
     (4)(A)                                                             
                    49 App.:2002(l)(4).                                 
    60108(c)        49 App.:1672(h)                                     
     (4)(B)          (6)(B)(ii) (related                                
                     to paragraph (4)).                                 
                    49 App.:2002(l)                                     
                     (7)(B)(ii) (related                                
                     to paragraph (4)).                                 
    60108(c)(5)     49 App.:1672(h)(5).     Aug. 12, 1968, Pub. L.      
                                             90-481, 82 Stat. 720, Sec. 
                                             3(h)(5); added Oct. 24,    
                                             1992, Pub. L. 102-508, Sec.
                                             108(5), 106 Stat. 3294.    
                    49 App.:2002(l)(6).     Nov. 30, 1979, Pub. L.      
                                             96-129, 93 Stat. 989, Sec. 
                                             203(l)(5), (6); added Oct. 
                                             24, 1992, Pub. L. 102-508, 
                                             Sec. 207(5), 106 Stat. 3302.
    60108(c)(6)     49                                                  
                     App.:1672(h)(6)(C).                                
                    49                                                  
                     App.:2002(l)(7)(C).                                
    60108(c)(7)     49 App.:2002(l)(5).                                 
    60108(d)        49 App.:1680(c).        Aug. 12, 1968, Pub. L.      
                                             90-481, 82 Stat. 720, Sec. 
                                             13(c); added Oct. 24, 1992,
                                             Pub. L. 102-508, Sec. 107, 
                                             106 Stat. 3293.            
    --------------------------------------------------------------------

      In subsection (a)(1), the word "prepare" is omitted as surplus.
    The words "or offices" are omitted because of 1:1. The words "in
    accordance with regulations prescribed by the Secretary or
    appropriate State agency" in 49 App.:1680(a) (1st sentence), "in
    accordance with regulations prescribed by the Secretary or, where a
    certification or agreement pursuant to section 2004 of this
    Appendix is in effect, by the appropriate State agency" in 49
    App.:2009(a) (1st sentence), and "by regulation" are omitted as
    surplus because of 49:322(a) and sections 60102-60105 of the
    revised title.
      In subsection (a)(2), before clause (A), the words "the Secretary
    or" are added for clarity. The words "at any time" in 49
    App.:1680(a) (3d sentence) are omitted as surplus.
      In subsection (a)(3), the word "appropriate" is omitted as
    surplus.
      In subsection (b)(1), before clause (A), the words "to ensure the
    safety of such pipeline facilities" and "factors" are omitted as
    surplus. In clause (G), the words "if any" are omitted as surplus.
      In subsection (b)(2), the text of 49 App.:1680(b)(1) (3d
    sentence) and 2009(d)(1) (3d sentence) is omitted as obsolete.
      In subsection (c)(1)(B), the words "except with respect to the
    initial inspection required under paragraph (1)" are omitted as
    obsolete.
      In subsection (c)(1)(C), the word "current" is omitted as
    surplus.
      In subsection (c)(2)(B), before clause (i), the words "to carry
    out" are substituted for "under" because the Secretary does not
    prescribe regulations under 49 App.:1672(h)(3) or 2002(l)(3).
      In subsection (c)(3), the text of 49 App.:1672(h)(1) and
    2002(l)(1) is omitted as executed.
      In subsection (c)(4)(A), the text of 49 App.:1672(h)(4)(A) and
    2002(l)(4)(A) is omitted as obsolete.
      In subsection (c)(5)(A), the words "for the purposes of this
    paragraph" are omitted as surplus.
      In subsection (c)(5)(C), the words "an additional period of" and
    "and care" are omitted as surplus.
      In subsection (c)(6)(C), the words "relating to coordination of
    Federal information policies" are omitted as surplus.
      In subsection (c)(7), the words "regulation under" are omitted as
    surplus. The word "because" is substituted for "on the basis of the
    fact that" to eliminate unnecessary words.
      In subsection (d)(2), the words "(relating to coordination of
    Federal information policy)" are omitted as surplus.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of
    1968, referred to in subsec. (c)(2)(A), (5)(B), is section
    3(h)(1)(A) of Pub. L. 90-481, which was classified to section
    1672(h)(1)(A) of former Title 49, Transportation, prior to repeal
    by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379. For
    further details, see Historical and Revision Notes above.
      Section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act
    of 1979, referred to in subsec. (c)(2)(A), (5)(B), is section
    203(l)(1)(A) of Pub. L. 96-129, which was classified to section
    2002(l)(1)(A) of former Title 49, Transportation, prior to repeal
    by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379. For
    further details, see Historical and Revision Notes above.


-MISC2-
                                AMENDMENTS                            
      1996 - Subsec. (a)(1). Pub. L. 104-304, Sec. 6(1), struck out
    "transporting gas or hazardous liquid or" after "Each person" and
    "a person".
      Subsec. (b)(2). Pub. L. 104-304, Sec. 6(2), struck out after
    first sentence "However, an inspection must occur at least once
    every 2 years."
      Subsec. (c). Pub. L. 104-304, Sec. 6(3), substituted "Other
    Waters" for "Navigable Waters" in heading.
      Subsec. (c)(2)(A)(ii). Pub. L. 104-304, Sec. 6(4), added cl. (ii)
    and struck out former cl. (ii) which read as follows: "any other
    pipeline facility crossing under, over, or through navigable waters
    (as defined by the Secretary) if the Secretary decides that the
    location of the facility in those navigable waters could pose a
    hazard to navigation or public safety."
      Subsec. (c)(2)(B). Pub. L. 104-304, Sec. 20(h)(1), substituted
    "standards" for "regulations" in introductory provisions.
      Subsec. (c)(4)(A). Pub. L. 104-304, Sec. 20(h)(2), substituted
    "establish a standard" for "require by regulation".
      Subsecs. (c)(4)(B), (d)(3). Pub. L. 104-304, Sec. 20(h)(1),
    substituted "standards" for "regulations".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC3-
                        PIPELINE BRIDGE RISK STUDY                    
      Pub. L. 107-355, Sec. 25, Dec. 17, 2002, 116 Stat. 3011, required
    the Secretary of Transportation to conduct a study to determine
    whether cable-suspension pipeline bridges pose structural or other
    risks warranting particularized attention in connection with
    pipeline operators risk assessment programs and whether
    particularized inspection standards need to be developed by the
    Department of Transportation to recognize the peculiar risks posed
    by such bridges and to transmit a report detailing the results of
    the completed study within 2 years after Dec. 17, 2002.

             STUDY OF UNDERWATER ABANDONED PIPELINE FACILITIES         
      Pub. L. 102-508, title III, Sec. 307, Oct. 24, 1992, 106 Stat.
    3309, directed Secretary of Transportation, in consultation with
    State and other Federal agencies having authority over underwater
    natural gas and hazardous liquid pipeline facilities and with
    pipeline owners and operators, fishing and maritime industries, and
    other affected groups, to submit to Congress, not later than 3
    years after Oct. 24, 1992, report and recommendations on
    abandonment of such pipeline facilities, including analysis of
    problems caused by such facilities, alternative methods to
    abandonment, as well as navigational, safety, economic, and
    environmental impacts associated with abandonment, and further
    authorized Secretary to require, based on findings of such study,
    additional appropriate actions to prevent hazards to navigation in
    connection with such facilities.

-End-



-CITE-
    49 USC Sec. 60109                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60109. High-density population areas and environmentally
      sensitive areas

-STATUTE-
      (a) Identification Requirements. - 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.

      (b) Areas To Be Included as Unusually Sensitive. - 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 have been
      identified as critical wetlands, riverine or estuarine systems,
      national parks, wilderness areas, wildlife preservation areas or
      refuges, wild and scenic rivers, or critical habitat areas for
      threatened and endangered species.

      (c) Risk Analysis and Integrity Management Programs. - 
        (1) Requirement. - Each operator of a gas pipeline facility
      shall conduct an analysis of the risks to each facility of the
      operator located in an area identified pursuant to subsection
      (a)(1) and defined in chapter 192 of title 49, Code of Federal
      Regulations, including any subsequent modifications, and shall
      adopt and implement a written integrity management program for
      such facility to reduce the risks.
        (2) Regulations. - 
          (A) In general. - Not later than 12 months after the date of
        enactment of this 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).
          (B) Authority to issue regulations. - The Secretary may
        satisfy the requirements of this paragraph through the issuance
        of regulations under this paragraph or under other authority of
        law.

        (3) Minimum requirements of integrity management programs. - An
      integrity management program required under paragraph (1) shall
      include, at a minimum, the following requirements:
          (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.
          (B) Subject to paragraph (5), periodic reassessment of the
        facility, at a minimum of once every 7 years, using methods
        described in subparagraph (A).
          (C) Clearly defined criteria for evaluating the results of
        assessments conducted under subparagraphs (A) and (B) and for
        taking actions based on such results.
          (D) A method for conducting an analysis on a continuing basis
        that integrates all available information about the integrity
        of the facility and the consequences of releases from the
        facility.
          (E) A description of actions to be taken by the operator to
        promptly address any integrity issue raised by an evaluation
        conducted under subparagraph (C) or the analysis conducted
        under subparagraph (D).
          (F) A description of measures to prevent and mitigate the
        consequences of releases from the facility.
          (G) A method for monitoring cathodic protection systems
        throughout the pipeline system of the operator to the extent
        not addressed by other regulations.
          (H) If the Secretary raises a safety concern relating to the
        facility, a description of the actions to be taken by the
        operator to address the safety concern, including issues raised
        with the Secretary by States and local authorities under an
        agreement entered into under section 60106.

        (4) Treatment of baseline integrity assessments. - 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.
        (5) Waivers and modifications. - 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.
        (6) Standards. - 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.
        (7) Additional optional standards. - 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.

        (8) Lack of regulations. - In the absence of regulations
      addressing the elements of an integrity management program
      described in this subsection, the operator of a pipeline facility
      shall conduct a risk analysis and adopt and implement an
      integrity management program described in this subsection not
      later than 24 months after the date of enactment of this
      subsection and shall complete the baseline integrity assessment
      described in this subsection not later than 10 years after such
      date of enactment. 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.
        (9) Review of integrity management programs. - 
          (A) Review of programs. - 
            (i) In general. - 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.
            (ii) Context of review. - The Secretary may conduct a
          review under clause (i) as an element of the Secretary's
          inspection of an operator.
            (iii) Inadequate programs. - If the 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), or is
          inadequate for the safe operation of a pipeline facility, the
          Secretary shall act under section 60108(a)(2) to require the
          operator to revise the risk analysis or integrity management
          program.

          (B) Amendments to programs. - In order to facilitate reviews
        under this paragraph, an operator of a pipeline facility shall
        notify the Secretary of any amendment made to the operator's
        integrity management 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.
          (C) Transmittal of programs to state authorities. - 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.

        (10) State review of integrity management plans. - 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.
        (11) Application of standards. - Section 60104(b) shall not
      apply to this section.

      (d) Evaluation of Integrity Management Regulations. - Not later
    than 4 years after the date of enactment of this subsection, the
    Comptroller General shall complete an assessment and evaluation of
    the effects on public safety and the environment of the
    requirements for the implementation of integrity management
    programs contained in the standards prescribed as described in
    subsection (c)(2).

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1315; Pub. L.
    103-429, Sec. 6(75), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 104-
    304, Secs. 7, 20(i), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub. L.
    107-355, Sec. 14(a), (b), Dec. 17, 2002, 116 Stat. 3002, 3005.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60109(a)       49 App.:1672(i)(1)      Aug. 12, 1968, Pub. L.       
     (1)(A)         (1st sentence), (2).     90-481, 82 Stat. 720, Sec.  
                                            3(i); added Oct. 24, 1992,  
                                            Pub. L. 102-508, Sec.       
                                            102(a)(2), 106 Stat. 3291.  
    60109(a)       49 App.:2002(m)(1)      Nov. 30, 1979, Pub. L.       
     (1)(B)         (1st sentence).         96-129, 93 Stat. 989, Sec.  
                                            203(m); added Oct. 24, 1992,
                                            Pub. L. 102-508, Sec.       
                                            202(a)(2), 106 Stat. 3300.  
    60109(a)(2)    49 App.:1672(i)(1)                                   
                    (last sentence).                                    
                   49 App.:2002(m)(1)                                   
                    (2d sentence).                                      
    60109(b)       49 App.:2002(m)(1)                                   
                    (last sentence).                                    
    --------------------------------------------------------------------

      In subsection (a)(1)(B)(i) and (ii), the words "regulation under"
    and "or not" are omitted as surplus.

                              PUB. L. 103-429                          
      This amends 49:60109(a)(2) to correct an error in the
    codification enacted by section 1 of the Act of July 5, 1994
    (Public Law 103-272, 108 Stat. 1315).

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this subsection, referred to in subsecs.
    (c) and (d), is the date of enactment of Pub. L. 107-355, which was
    approved Dec. 17, 2002.


-MISC2-
                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-355, Sec. 14(a), added subsec.
    (c).
      Subsec. (d). Pub. L. 107-355, Sec. 14(b), added subsec. (d).
      1996 - Subsec. (a). Pub. L. 104-304, Sec. 20(i), substituted
    "standards" for "regulations" in introductory provisions.
      Subsec. (a)(1)(B)(i). Pub. L. 104-304, Sec. 7(a), substituted
    "waters where a substantial likelihood of commercial navigation
    exists" for "a navigable waterway (as the Secretary defines by
    regulation)".
      Subsec. (b). Pub. L. 104-304, Sec. 7(b), reenacted heading
    without change and amended text generally. Prior to amendment, text
    read as follows: "When describing an area that is unusually
    sensitive to environmental damage if there is a hazardous liquid
    pipeline accident, the Secretary shall consider including - 
        "(1) earthquake zones and areas subject to landslides and other
      substantial ground movements;
        "(2) areas of likely ground water contamination if a hazardous
      liquid pipeline facility ruptures;
        "(3) freshwater lakes, rivers, and waterways; and
        "(4) river deltas and other areas subject to soil erosion or
      subsidence from flooding or other water action where a hazardous
      liquid pipeline facility is likely to become exposed or
      undermined."
      1994 - Subsec. (a)(2). Pub. L. 103-429 substituted "section
    60102(e)" for "section 60102(c)".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-429 effective July 5, 1994, see section
    9 of Pub. L. 103-429, set out as a note under section 321 of this
    title.

                      STUDY OF REASSESSMENT INTERVALS                  
      Pub. L. 107-355, Sec. 14(d), Dec. 17, 2002, 116 Stat. 3005,
    provided that:
      "(1) Study. - The Comptroller General shall conduct a study to
    evaluate the 7-year reassessment interval required by section
    60109(c)(3)(B) of title 49, United States Code, as added by
    subsection (a) of this section.
      "(2) Report. - Not later than 4 years after the date of the
    enactment of this Act [Dec. 17, 2002], the Comptroller General
    shall transmit to Congress a report on the results of the study
    conducted under paragraph (1)."

-End-



-CITE-
    49 USC Sec. 60110                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60110. Excess flow valves

-STATUTE-
      (a) Application. - This section applies only to - 
        (1) a natural gas distribution system installed after the
      effective date of regulations prescribed under this section; and
        (2) any other natural gas distribution system when repair to
      the system requires replacing a part to accommodate installing
      excess flow valves.

      (b) Installation Requirements and Considerations. - 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.

      (c) Notification of Availability. - (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.

      (2) The standards shall provide that, except when installation is
    required under subsection (b) of this section, excess flow valves
    shall be installed at the request of the customer if the customer
    will pay all costs associated with installation.
      (d) Report. - 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.
      (e) Performance Standards. - 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1316; Pub. L.
    104-304, Secs. 8, 20(j), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub.
    L. 107-355, Sec. 21(1), Dec. 17, 2002, 116 Stat. 3010.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60110(a)       49 App.:1672(j)(5).     Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            3(j); added Oct. 24, 1992,  
                                            Pub. L. 102-508, Sec. 104,  
                                            106 Stat. 3291.             
    60110(b)       49 App.:1672(j)(1).                                  
    60110(c)       49 App.:1672(j)(2).                                  
    60110(d)       49 App.:1672(j)(3).                                  
    60110(e)       49 App.:1672(j)(4).                                  
    --------------------------------------------------------------------

      In subsection (a)(2), the words "in a manner" are omitted as
    surplus.
      In subsection (b), before clause (1), the words "on when" are
    substituted for "prescribing the circumstances, if any, under
    which" to eliminate unnecessary words.

                                AMENDMENTS                            
      2002 - Subsec. (b). Pub. L. 107-355 substituted "circumstances,
    if any, under which an operator" for "circumstances under which an
    operator" in introductory provisions.
      1996 - Subsec. (b). Pub. L. 104-304, Sec. 20(j), substituted
    "standards" for "regulations" in introductory provisions.
      Subsec. (b)(1). Pub. L. 104-304, Sec. 8(1), which directed the
    insertion of ", if any," after "circumstances" in the first
    sentence of subsection (b)(1), could not be executed because the
    word "circumstances" did not appear in subsec. (b)(1).
      Subsec. (b)(4). Pub. L. 104-304, Sec. 8(2), inserted ",
    operating, and maintaining" after "cost of installing".
      Subsec. (c)(1). Pub. L. 104-304, Sec. 20(j), substituted
    "standards" for "regulations" after "prescribe" in introductory
    provisions.
      Subsec. (c)(1)(C). Pub. L. 104-304, Sec. 8(3), inserted ",
    maintenance, and replacement" after "installation".
      Subsec. (c)(2). Pub. L. 104-304, Sec. 20(j), substituted
    "standards" for "regulations".
      Subsec. (e). Pub. L. 104-304, Sec. 8(4), inserted after first
    sentence "The Secretary may adopt industry accepted performance
    standards in order to comply with the requirement under the
    preceding sentence."

-End-



-CITE-
    49 USC Sec. 60111                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60111. Financial responsibility for liquefied natural gas
      facilities

-STATUTE-
      (a) Notice. - 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.
      (b) Hearings. - 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.
      (c) Orders. - 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1317.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60111(a)       49                      Aug. 12, 1968, Pub. L.       
                    App.:1674b(b)(1),       90-481, 82 Stat. 720, Sec.  
                    (c).                    7(b)(1)-(3), (c); added Nov.
                                            30, 1979, Pub. L. 96-129,   
                                            Sec. 153, 93 Stat. 1002.    
    60111(b)       49 App.:1674b(b)(2).                                 
    60111(c)       49 App.:1674b(b)(3).                                 
    --------------------------------------------------------------------

      In subsection (a), the words "is not maintaining adequate
    insurance or otherwise", the text of 49 App.:1674b(c), and the
    words "and serve upon" and "a statement of" are omitted as surplus.
      In subsection (b), the words "in accordance with section 554 of
    title 5" are omitted for consistency in the revised title and
    because 5:554 applies to a hearing on the record unless otherwise
    stated. The words "to be held" and "cause as to" are omitted as
    surplus. The words "the Secretary considers adequate" are
    substituted for "indicated in the notice under paragraph (1)" for
    clarity and to eliminate unnecessary words.
      Subsection (c) is substituted for 49 App.:1674b(b)(3) to
    eliminate unnecessary words.

-End-



-CITE-
    49 USC Sec. 60112                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60112. Pipeline facilities hazardous to life and property

-STATUTE-
      (a) General Authority. - 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.

      (b) Considerations. - 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 are (!1)
      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.

      (c) Opportunity for State Comment. - 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.
      (d) Corrective Action Orders. - 
        (1) In general. - 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.
        (2) Actions attributable to an employee. - 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.

        (3) Effect of collective bargaining agreements. - An action
      taken by an operator under paragraph (2) shall be in accordance
      with the terms and conditions of any applicable collective
      bargaining agreement.

      (e) Waiver of Notice and Hearing in Emergency. - 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1317; Pub. L.
    103-429, Sec. 6(76), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 107-
    355, Secs. 8(a), 10(b), Dec. 17, 2002, 116 Stat. 2993, 2995.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60112(a)       49 App.:1679b(b)(1)     Aug. 12, 1968, Pub. L.       
                    (1st sentence words     90-481, 82 Stat. 720, Sec.  
                    before 3d comma),       12(b)(1)-(5); added Nov. 30,
                    (2).                    1979, Pub. L. 96-129, Sec.  
                                            104(b), 93 Stat. 993; Oct.  
                                            24, 1992, Pub. L. 102-508,  
                                            Sec. 101(b), 106 Stat. 3290.
                   49 App.:2008(b)(1)      Nov. 30, 1979, Pub. L.       
                    (1st sentence words     96-129, Sec. 209(b)(1)-(5), 
                    before 3d comma),       93 Stat. 1010; Oct. 24,     
                    (2).                    1992, Pub. L. 102-508, Sec. 
                                            201(b), 106 Stat. 3300.     
    60112(b)       49 App.:1679b(b)(3).                                 
                   49 App.:2008(b)(3).                                  
    60112(c)       49 App.:1679b(b)(6).    Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            12(b)(6); added Oct. 24,    
                                            1992, Pub. L. 102-508, Sec. 
                                            113(a), 106 Stat. 3296.     
                   49 App.:2008(b)(6).     Nov. 30, 1979, Pub. L.       
                                            96-129, 93 Stat. 989, Sec.  
                                            209(b)(6); added Oct. 24,   
                                            1992, Pub. L. 102-508, Sec. 
                                            213(a), 106 Stat. 3305.     
    60112(d)       49 App.:1679b(b)(1)                                  
                    (1st sentence words                                 
                    after 3d comma,                                     
                    last sentence).                                     
                   49 App.:2008(b)(1)                                   
                    (1st sentence words                                 
                    after 3d comma,                                     
                    last sentence).                                     
    60112(e)       49                                                   
                    App.:1679b(b)(4),                                   
                    (5).                                                
                   49 App.:2008(b)(4),                                  
                    (5).                                                
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the word "reasonable" and
    the text of 49 App.:1679b(b)(1) (last sentence) and 2008(b)(1)
    (last sentence) are omitted as surplus. Clauses (1) and (2) are
    substituted for "that any pipeline facility is hazardous to life or
    property" and 49 App.:1679b(b)(2) and 2008(b)(2) to eliminate
    unnecessary words.
      In subsection (b)(1), the words "involved" and "(including its
    resistance to corrosion and deterioration)" are omitted as surplus.
      In subsection (b)(5), the words "in connection with any
    investigation conducted by the Board" are omitted as surplus.
      In subsection (c), the words "responsible for pipeline safety"
    are omitted as surplus.
      In subsection (e), the text of 49 App.:1679b(b)(4) and 2008(b)(4)
    is omitted because of 28:516 and 1331.

                              PUB. L. 103-429                          
      This amends 49:60112(d) to clarify the restatement of 49
    App.:1679b(b)(1) and 2008(b)(1) by section 1 of the Act of July 5,
    1994 (Public Law 103-272, 108 Stat. 1317).

                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-355, Sec. 8(a)(1), reenacted
    heading without change and amended text generally. Prior to
    amendment, text read as follows: "After notice and an opportunity
    for a hearing, the Secretary of Transportation may decide a
    pipeline facility is hazardous if the Secretary decides the
    facility is - 
        "(1) hazardous to life, property, or the environment; or
        "(2) constructed or operated, or a component of the facility is
      constructed or operated, with equipment, material, or a technique
      the Secretary decides is hazardous to life, property, or the
      environment."
      Subsec. (d). Pub. L. 107-355, Sec. 10(b), designated existing
    provisions as par. (1), inserted heading, realigned margins, and
    added pars. (2) and (3).
      Pub. L. 107-355, Sec. 8(a)(2), substituted "is or would be
    hazardous" for "is hazardous".
      1994 - Subsec. (d). Pub. L. 103-429 inserted before period at end
    ", including suspended or restricted use of the facility, physical
    inspection, testing, repair, replacement, or other appropriate
    action".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-429 effective July 5, 1994, see section
    9 of Pub. L. 103-429, set out as a note under section 321 of this
    title.

-FOOTNOTE-
    (!1) So in original. Probably should be "is".


-End-



-CITE-
    49 USC Sec. 60113                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60113. Customer-owned natural gas service lines

-STATUTE-
      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 -
    
        (1) the requirements for maintaining those lines;
        (2) any resources known to the operator that could assist
      customers in carrying out the maintenance;
        (3) information the operator has on operating and maintaining
      its lines that could assist customers; and
        (4) the potential hazards of not maintaining the lines.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1318; Pub. L.
    104-304, Secs. 9, 20(k), Oct. 12, 1996, 110 Stat. 3801, 3805.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60113(a)       49 App.:1685(b).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            18(b); added Oct. 24, 1992, 
                                            Pub. L. 102-508, Sec.       
                                            115(a)(2), 106 Stat. 3296.  
    60113(b)       49 App.:1672(k).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            3(k); added Oct. 24, 1992,  
                                            Pub. L. 102-508, Sec.       
                                            115(c), 106 Stat. 3297.     
    --------------------------------------------------------------------


                                AMENDMENTS                            
      1996 - Pub. L. 104-304 struck out subsec. (a) designation and
    heading, substituted "standards" for "regulations", and struck out
    subsec. (b), which read as follows:
      "(b) Actions To Promote Safety. - Not later than one year after
    submitting the report required under section 115(b) of the Pipeline
    Safety Act of 1992 (Public Law 102-508, 106 Stat. 3296), the
    Secretary, considering the report and in cooperation and
    coordination with appropriate State and local authorities, shall
    take appropriate action to promote the adoption of measures to
    improve the safety of customer-owned natural gas service lines."

                MAINTENANCE OF CUSTOMER-OWNED SERVICE LINES            
      Pub. L. 102-508, title I, Sec. 115(b), Oct. 24, 1992, 106 Stat.
    3296, provided that:
      "(1) DOT safety review. - Within 18 months after the date of the
    enactment of this Act [Oct. 24, 1992], the Secretary of
    Transportation shall conduct a review of Department of
    Transportation and State rules, policies, procedures, and other
    measures with respect to the safety of customer-owned natural gas
    service lines, including the effectiveness of such rules, policies,
    procedures, and other measures. The Secretary of Transportation
    shall include in the review an evaluation of the extent to which
    lack of maintenance of customer-owned natural gas service lines
    raises safety concerns and shall make recommendations regarding
    maintenance of such lines, including the need for any legislative
    changes or regulatory action. In conducting the review and
    developing the recommendations, the Secretary of Transportation
    shall consider the following factors: State and local law,
    including law governing private property and rights, and including
    State pipeline safety regulation of distribution operators; the
    views of State and local regulatory authorities; the extent of
    operator compliance with the program for advising customers
    regarding maintenance of such lines required under section 18(b) of
    the Natural Gas Pipeline Safety Act of 1968 [see subsec. (a) of
    this section]; available accident information; the recommendations
    of the National Transportation Safety Board; costs; the civil
    liability implications of distribution operators taking
    responsibility for customer-owned service lines; and whether the
    service line maintenance information program required under such
    section 18(b) sufficiently addresses safety risks and concerns
    involving customer-owned service lines.
      "(2) Operation and maintenance responsibility. - Within 18 months
    after the date of the enactment of this Act [Oct. 24, 1992], the
    Secretary of Transportation shall conduct, with the participation
    of the operators of natural gas distribution facilities, a survey
    of owners of customer-owned service lines to determine the views of
    such owners regarding whether distribution companies should assume
    responsibility for the operation and maintenance of customer-owned
    service lines. In conducting the survey, the Secretary of
    Transportation shall ensure that such customers are aware of any
    potential safety benefits, any potential implementation issues
    (including any property rights or cost issues), the recommendations
    of the National Transportation Safety Board, and accidents that
    have occurred, related to customer-owned service lines.
      "(3) Applicability. - Chapter 35 of title 44, United States Code
    (relating to coordination of Federal information policy) shall not
    apply to the conduct of the review or survey under this subsection.
      "(4) Report. - Not later than 2 years after the date of the
    enactment of this Act [Oct. 24, 1992], the Secretary of
    Transportation shall transmit to Congress a report on the results
    of the review and survey conducted under this subsection, together
    with any recommendations (including legislative recommendations)
    regarding maintenance of customer-owned natural gas service lines."

-End-



-CITE-
    49 USC Sec. 60114                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60114. One-call notification systems

-STATUTE-
      (a) Minimum Requirements. - 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.

      (b) Marking Facilities. - On notification by an operator of a
    damage prevention program or by a person planning to carry out
    demolition, excavation, tunneling, or construction in the vicinity
    of a pipeline facility, the operator of the facility shall mark
    accurately, in a reasonable and timely way, the location of the
    pipeline facilities in the vicinity of the demolition, excavation,
    tunneling, or construction.
      (c) Relationship to Other Laws. - This section and regulations
    prescribed under this section do not affect the liability
    established under a law of the United States or a State for damage
    caused by an activity described in subsection (a)(2) of this
    section.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1318; Pub. L.
    104-287, Sec. 5(91), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104-
    304, Sec. 20(d), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 107-355,
    Secs. 3(b), 21(2), Dec. 17, 2002, 116 Stat. 2986, 3010.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60114(a)       49 App.:1687(b),        Aug. 12, 1968, Pub. L.       
                    (e).                    90-481, 82 Stat. 720, Sec.  
                                            20(a)-(e); added Oct. 31,   
                                            1988, Pub. L. 100-561, Sec. 
                                            303(a), 102 Stat. 2814.     
    60114(b)       49 App.:1687(c).                                     
    60114(c)       49 App.:1687(h).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            20(h); added Oct. 24, 1992, 
                                            Pub. L. 102-508, Sec.       
                                            304(a), 106 Stat. 3308.     
    60114(d)       49 App.:1687(a).                                     
    60114(e)       49 App.:1687(d).                                     
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "Not later than
    18 months after October 31, 1988" are omitted as obsolete. The
    words "as described in subsection (a)" are omitted as surplus. In
    clause (1), the words "or systems" are omitted because of 1:1. In
    clause (8), the words "or not" are omitted as surplus.
      In subsection (b), the words "all of the requirements established
    under" are omitted as surplus.
      In subsection (c), the words "contractor, excavator, or other"
    are omitted as surplus.
      In subsection (d), before clause (1), the words "When
    apportioning the amount appropriated to carry out" are substituted
    for "In making allocations under" for consistency with section
    60107 of the revised title. In clause (2), the words "shall
    withhold part of a payment under section 60107 of this title" are
    substituted for "such State may not receive the full reimbursement
    under such sections to which it would otherwise be entitled" for
    clarity and consistency.

                              PUB. L. 104-287                          
      This amends 49:60114(a)(9) to clarify the restatement of 49
    App.:1687(b) by section 1 of the Act of July 5, 1994 (Public Law
    103-272, 108 Stat. 1319), because the requirement for substantially
    the same sanctions was not intended to include criminal penalties.

                                AMENDMENTS                            
      2002 - Subsec. (a)(2). Pub. L. 107-355, Sec. 3(b), inserted ",
    including a government employee or contractor," after "person".
      Subsecs. (c), (d). Pub. L. 107-355, Sec. 21(2), redesignated
    subsec. (d) as (c).
      1996 - Subsec. (a)(9). Pub. L. 104-287 and Pub. L. 104-304, Sec.
    20(d)(1), amended par. (9) identically, substituting "60120 and
    60122" for "60120, 60122, and 60123".
      Subsec. (b). Pub. L. 104-304, Sec. 20(d)(2), (3), redesignated
    subsec. (c) as (b) and struck out former subsec. (b) which read as
    follows:
      "(b) Grants. - The Secretary may make a grant to a State under
    this section to develop and establish a one-call notification
    system consistent with subsection (a) of this section."
      Subsec. (c). Pub. L. 104-304, Sec. 20(d)(3), redesignated subsec.
    (c) as (b).
      Subsecs. (d), (e). Pub. L. 104-304, Sec. 20(d)(2), (3),
    redesignated subsec. (e) as (d) and struck out former subsec. (d)
    which read as follows:
      "(d) Apportionment. - When apportioning the amount appropriated
    to carry out section 60107 of this title among the States, the
    Secretary - 
        "(1) shall consider whether a State has adopted or is seeking
      adoption of a one-call notification system under this section;
      and
        "(2) shall withhold part of a payment under section 60107 of
      this title when the Secretary decides a State has not adopted, or
      is not seeking adoption of, a one-call notification system."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-287 effective July 5, 1994, see section
    8(1) of Pub. L. 104-287, set out as a note under section 5303 of
    this title.

                    NATIONWIDE TOLL-FREE NUMBER SYSTEM                
      Pub. L. 107-355, Sec. 17, Dec. 17, 2002, 116 Stat. 3008, provided
    that: "Within 1 year after the date of the enactment of this Act
    [Dec. 17, 2002], the Secretary of Transportation shall, in
    conjunction with the Federal Communications Commission, facility
    operators, excavators, and one-call notification system operators,
    provide for the establishment of a 3-digit nationwide toll-free
    telephone number system to be used by State one-call notification
    systems."

-End-



-CITE-
    49 USC Sec. 60115                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60115. Technical safety standards committees

-STATUTE-
      (a) Organization. - The Technical Pipeline Safety Standards
    Committee and the Technical Hazardous Liquid Pipeline Safety
    Standards Committee are committees in the Department of
    Transportation. The committees referred to in the preceding
    sentence shall serve as peer review committees for carrying out
    this chapter. Peer reviews conducted by the committees shall be
    treated for purposes of all Federal laws relating to risk
    assessment and peer review (including laws that take effect after
    the date of the enactment of the Accountable Pipeline Safety and
    Partnership Act of 1996) as meeting any peer review requirements of
    such laws.
      (b) Composition and Appointment. - (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.
      (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.
      (3) The members of each committee are appointed as follows:
        (A) 5 individuals selected from departments, agencies, and
      instrumentalities of the United States Government and of the
      States.
        (B) 5 individuals selected from the natural gas or hazardous
      liquid industry, as appropriate, after consulting with industry
      representatives.
        (C) 5 individuals selected from the general public.

      (4)(A) Two of the individuals selected for each committee under
    paragraph (3)(A) of this subsection must be State commissioners.
    The Secretary shall consult with the national organization of State
    commissions before selecting those 2 individuals.
      (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).
      (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.
      (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.
      (c) Committee Reports on Proposed Standards. - (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.

      (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.
      (3) The Secretary may prescribe a standard after the end of the
    90-day period.
      (d) Proposed Committee Standards and Policy Development
    Recommendations. - (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.
      (2) If requested by the Secretary, a committee shall make policy
    development recommendations to the Secretary.
      (e) Meetings. - 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.
      (f) Expenses. - A member of a committee under this section is
    entitled to expenses under section 5703 of title 5. A payment under
    this subsection does not make a member an officer or employee of
    the Government. This subsection does not apply to members regularly
    employed by the Government.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1319; Pub. L.
    104-88, title III, Sec. 308(m), Dec. 29, 1995, 109 Stat. 948; Pub.
    L. 104-304, Sec. 10, Oct. 12, 1996, 110 Stat. 3801; Pub. L. 107-
    355, Sec. 20(b), Dec. 17, 2002, 116 Stat. 3010.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60115(a)       49 App.:1673(a)         Aug. 12, 1968, Pub. L.       
                    (1st sentence).         90-481, Sec. 4(a), 82 Stat. 
                                            722; Nov. 30, 1979, Pub. L. 
                                            96-129, Sec. 102(a), 93     
                                            Stat. 991; Oct. 24, 1992,   
                                            Pub. L. 102-508, Sec.       
                                            105(1), 106 Stat. 3293.     
                   49 App.:2003(a)         Nov. 30, 1979, Pub. L.       
                    (1st sentence).         96-129, Sec. 204(a), 93     
                                            Stat. 1005; Oct. 24, 1992,  
                                            Pub. L. 102-508, Sec.       
                                            204(1), 106 Stat. 3301.     
    60115(b)(1)    49 App.:1673(a)                                      
                    (last sentence                                      
                    words before colon).                                 
    60115(b)(2)    49 App.:2003(a)                                      
                    (last sentence                                      
                    words before colon).                                 
    60115(b)(      49 App.:1671(7).        Aug. 12, 1968, Pub. L.       
     3), (4)                                90-481, Sec. 2(7), 82 Stat. 
                                            720; Nov. 30, 1979, Pub. L. 
                                            96-129, Sec. 109(a), 93     
                                            Stat. 996.                  
                   49 App.:1673(a)                                      
                    (last sentence                                      
                    words after colon).                                 
                   49 App.:2001(10).       Nov. 30, 1979, Pub. L.       
                                            96-129, Secs. 202(10),      
                                            204(c), 93 Stat. 1004, 1006.
                   49 App.:2003(a)                                      
                    (last sentence                                      
                    words after colon).                                 
    60115(c)       49 App.:1673(b)         Aug. 12, 1968, Pub. L.       
                    (1st-5th sentences).     90-481, Sec. 4(b), 82 Stat. 
                                            722; Nov. 30, 1979, Pub. L. 
                                            96-129, Sec. 102(b), 93     
                                            Stat. 991; Jan. 14, 1983,   
                                            Pub. L. 97-468, Sec. 101    
                                            (related to Sec. 4(b)), 96  
                                            Stat. 2543; Oct. 24, 1992,  
                                            Pub. L. 102-508, Sec.       
                                            105(2), 106 Stat. 3293.     
                   49 App.:2003(b)         Nov. 30, 1979, Pub. L.       
                    (1st-5th sentences).     96-129, Sec. 204(b), 93     
                                            Stat. 1006; Jan. 14, 1983,  
                                            Pub. L. 97-468, Sec. 101    
                                            (related to Sec. 204(b)), 96
                                            Stat. 2543; Oct. 24, 1992,  
                                            Pub. L. 102-508, Sec.       
                                            204(2), 106 Stat. 3302.     
    60115(d)       49 App.:1673(b)                                      
                    (6th sentence).                                     
                   49 App.:2003(b)                                      
                    (6th sentence).                                     
    60115(e)       49 App.:1673(b)                                      
                    (7th, last                                          
                    sentences).                                         
                   49 App.:2003(b)                                      
                    (7th, last                                          
                    sentences).                                         
    60115(f)       49 App.:1673(c).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 4(c), 82 Stat. 
                                            722; Nov. 30, 1979, Pub. L. 
                                            96-129, Sec. 102(c), 93     
                                            Stat. 991.                  
                   49 App.:2003(c).                                     
    --------------------------------------------------------------------

      In subsection (a), the words "Not later than 12 months after
    November 30, 1979" and "and appoint the initial members of the
    Committee" in 49 App.:2003(a) (1st sentence) are omitted as
    executed.
      In subsection (b)(3)(A)-(C), the word "individuals" is
    substituted for "members" for consistency.
      In subsection (b)(3)(A), the words "departments, agencies, and
    instrumentalities of the United States Government and of the
    States" are substituted for "governmental agencies, including State
    and Federal Governments" for consistency in the revised title and
    with other titles of the United States Code.
      In subsection (b)(3)(B), the words "as appropriate" are added
    because of the restatement.
      In subsection (b)(4), the words "representatives of" are omitted
    as surplus. The words "section 10344(f) of this title" are
    substituted for "subchapter III of chapter 103 of title 49" for
    clarity.
      In subsection (c)(1)(A) and (B), the words "or any proposed
    amendment to a standard under this chapter, for its consideration"
    are omitted as surplus.
      In subsection (c)(1)(B), the words "After the Committee has been
    established and its members appointed" in 49 App.:2003(b) are
    omitted as executed.
      In subsection (c)(2), the words "or amendment", "by the
    Committee", "of the majority", and "for rejection thereof" are
    omitted as surplus.
      In subsection (c)(3), the words "final . . . or a final amendment
    to a standard at any time" are omitted as surplus. The words "the
    end of the 90-day period" are substituted for "the 90th day after
    its submission to the Committee, whether or not the Committee has
    reported on such standard or amendment" to eliminate unnecessary
    words.
      In subsection (d), the words "for his consideration" are omitted
    as surplus.
      In subsection (e), the words "(or his designee)" are omitted as
    surplus because of 49:322(b). The words "at least" are substituted
    for "not less frequently than" to eliminate unnecessary words. The
    word "calendar" is omitted as surplus.
      In subsection (f), the words "The Secretary may establish the
    pay" are substituted for "may be compensated at a rate to be fixed
    by the Secretary" for consistency and to eliminate unnecessary
    words. The words "of the Committee" after "Members", "actual", and
    "then currently" are omitted as surplus. The reference to section
    5376 of title 5 is substituted for the reference to section 5332 of
    title 5 because of section 529 of the Treasury, Postal Service and
    General Government Appropriations Act, 1991 (Public Law 101-509,
    104 Stat. 1442). The words "A member is entitled to expenses under
    section 5703 of title 5" are substituted for 49 App.:1673(c) (2d
    sentence) and 2003(c) (2d sentence) to eliminate unnecessary words.
    The words "for any purpose" are omitted as surplus. The words "This
    subsection does not apply to members regularly employed by the
    Government" are substituted for "other than Federal employees" for
    clarity.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of the Accountable Pipeline Safety and
    Partnership Act of 1996, referred to in subsec. (a), is the date of
    enactment of Pub. L. 104-304, which was approved Oct. 12, 1996.


-MISC2-
                                AMENDMENTS                            
      2002 - Subsec. (b)(4)(D). Pub. L. 107-355 added subpar. (D).
      1996 - Subsec. (a). Pub. L. 104-304, Sec. 10(a), inserted at end
    "The committees referred to in the preceding sentence shall serve
    as peer review committees for carrying out this chapter. Peer
    reviews conducted by the committees shall be treated for purposes
    of all Federal laws relating to risk assessment and peer review
    (including laws that take effect after the date of the enactment of
    the Accountable Pipeline Safety and Partnership Act of 1996) as
    meeting any peer review requirements of such laws."
      Subsec. (b)(1), (2). Pub. L. 104-304, Sec. 10(b)(1), (2),
    inserted before period at end "or risk management principles".
      Subsec. (b)(3)(B). Pub. L. 104-304, Sec. 10(b)(3), substituted
    "5" for "4".
      Subsec. (b)(3)(C). Pub. L. 104-304, Sec. 10(b)(4), substituted
    "5" for "6".
      Subsec. (b)(4)(B). Pub. L. 104-304, Sec. 10(b)(5), inserted at
    end "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)."
      Subsec. (b)(4)(C). Pub. L. 104-304, Sec. 10(b)(6), inserted after
    first sentence "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."
      Subsec. (c)(1)(A). Pub. L. 104-304, Sec. 10(c)(1), inserted
    before semicolon "including the risk assessment information and
    other analyses supporting each proposed standard".
      Subsec. (c)(1)(B). Pub. L. 104-304, Sec. 10(c)(2), inserted
    before period at end "including the risk assessment information and
    other analyses supporting each proposed standard".
      Subsec. (c)(2). Pub. L. 104-304, Sec. 10(c)(3)-(6), inserted "and
    supporting analyses" after "receiving the proposed standard", "and
    submit to the Secretary" after "prepare", "cost-effectiveness,"
    after "reasonableness,", "and include in the report recommended
    actions" after "practicability of the proposed standard", and "any
    recommended actions and" after "including".
      Subsec. (e). Pub. L. 104-304, Sec. 10(d), substituted "up to 4
    times" for "twice".
      Subsec. (f). Pub. L. 104-304, Sec. 10(e), substituted "Expenses"
    for "Pay and Expenses" in heading, struck out "The Secretary may
    establish the pay for each member of a committee for each day
    (including travel time) when performing duties of the committee.
    However, a member may not be paid more than the daily equivalent of
    the maximum annual rate of basic pay payable under section 5376 of
    title 5." after heading, and inserted "of a committee under this
    section" after "A member".
      1995 - Subsec. (b)(4)(A). Pub. L. 104-88 struck out "(referred to
    in section 10344(f) of this title)" after "commissions".

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2
    of Pub. L. 104-88, set out as an Effective Date note under section
    701 of this title.

-End-



-CITE-
    49 USC Sec. 60116                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60116. Public education programs

-STATUTE-
      (a) In General. - Each owner or operator of a gas or hazardous
    liquid pipeline facility shall carry out a continuing program to
    educate the public on the use of a one-call notification 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.
      (b) Modification of Existing Programs. - Not later than 12 months
    after the date of enactment of the Pipeline Safety Improvement Act
    of 2002, each owner or operator of a gas or hazardous 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.
      (c) Standards. - 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1321; Pub. L.
    104-304, Sec. 11, Oct. 12, 1996, 110 Stat. 3802; Pub. L. 107-355,
    Sec. 5, Dec. 17, 2002, 116 Stat. 2988.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60116          49 App.:1685(a).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            18(a); added Oct. 11, 1976, 
                                            Pub. L. 94-477, Sec. 8, 90  
                                            Stat. 2075; Nov. 30, 1979,  
                                            Pub. L. 96-129, Sec. 104(b),
                                            93 Stat. 992; Oct. 24, 1992,
                                            Pub. L. 102-508, Sec.       
                                            115(a)(1), 106 Stat. 3296.  
    --------------------------------------------------------------------


-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Pipeline Safety Improvement Act of
    2002, referred to in subsec. (b), is the date of enactment of Pub.
    L. 107-355, which was approved Dec. 17, 2002.


-MISC2-
                                AMENDMENTS                            
      2002 - Pub. L. 107-355 reenacted section catchline without change
    and amended text generally. Prior to amendment, text read as
    follows: "Under regulations the Secretary of Transportation
    prescribes, each owner or operator of a gas pipeline facility shall
    carry out a program to educate the public on the use of a one-call
    notification system prior to excavation, the possible hazards
    associated with gas leaks, and the importance of reporting gas
    odors and leaks to the appropriate authority. The Secretary may
    develop material suitable for use in the program."
      1996 - Pub. L. 104-304 substituted "owner or operator of a gas
    pipeline facility" for "person transporting gas", inserted "the use
    of a one-call notification system prior to excavation," after
    "educate the public on", and inserted comma after "gas leaks".

-End-



-CITE-
    49 USC Sec. 60117                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60117. Administrative

-STATUTE-
      (a) General Authority. - 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.
      (b) Records, Reports, and Information. - 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.
      (c) Entry and Inspection. - 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.
      (d) Confidentiality of Information. - 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.
      (e) Use of Accident Reports. - (1) Each accident report made by
    an officer, employee, or agent of the Department may be used in a
    judicial proceeding resulting from the accident. The officer,
    employee, or agent may be required to testify in the proceeding
    about the facts developed in investigating the accident. The report
    shall be made available to the public in a way that does not
    identify an individual.
      (2) Each report related to research and demonstration projects
    and related activities is public information.
      (f) Testing Facilities Involved in Accidents. - 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.

      (g) Providing Safety Information. - 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.
      (h) Cooperation. - The Secretary may - 
        (1) advise, assist, and cooperate with other departments,
      agencies, and instrumentalities of the United States Government,
      the States, and public and private agencies and persons in
      planning and developing safety standards and ways to inspect and
      test to decide whether those standards have been complied with;
        (2) consult with and make recommendations to other departments,
      agencies, and 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.

      (i) Promoting Coordination. - (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.
      (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.
      (j) Withholding Information From Congress. - This section does
    not authorize information to be withheld from a committee of
    Congress authorized to have the information.
      (k) Authority for Cooperative Agreements. - 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.
      (l) Safety Orders. - If the Secretary decides that a pipeline
    facility has a potential safety-related condition, the Secretary
    may order the operator of the facility to take necessary corrective
    action, including physical inspection, testing, repair,
    replacement, or other appropriate action to remedy the safety-
    related condition.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1321; Pub. L.
    103-429, Sec. 6(77), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 104-
    304, Secs. 12, 19, Oct. 12, 1996, 110 Stat. 3802, 3804; Pub. L.
    107-355, Sec. 7, Dec. 17, 2002, 116 Stat. 2993.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60117(a)       49 App.:1681(a)         Aug. 12, 1968, Pub. L.       
                    (1st sentence words     90-481, Sec. 14(a) (1st     
                    before semicolon).      sentence), 82 Stat. 727;    
                                            restated Nov. 30, 1979, Pub.
                                            L. 96-129, Secs. 104(b),    
                                            106, 93 Stat. 992, 994.     
                   49 App.:1681(a)         Aug. 12, 1968, Pub. L.       
                    (last sentence).        90-481, 82 Stat. 720, Sec.  
                                            14(a) (last sentence); added
                                            Oct. 11, 1984, Pub. L.      
                                            98-464, Sec. 7(a), 98 Stat. 
                                            1823.                       
                   49 App.:2010(a)         Nov. 30, 1979, Pub. L.       
                    (1st sentence words     96-129, Sec. 211(a) (1st    
                    before semicolon).      sentence), 93 Stat. 1012.   
                   49 App.:2010(a)         Nov. 30, 1979, Pub. L.       
                    (last sentence).        96-129, 93 Stat. 989, Sec.  
                                            211(a) (last sentence);     
                                            added Oct. 11, 1984, Pub. L.
                                            98-464, Sec. 7(b), 98 Stat. 
                                            1823.                       
    60117(b)       49 App.:1681(b).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 14(b)-(e), 82  
                                            Stat. 727; restated Nov. 30,
                                            1979, Pub. L. 96-129, Secs. 
                                            104(b), 106, 93 Stat. 992,  
                                            995.                        
                   49 App.:2010(b).        Nov. 30, 1979, Pub. L.       
                                            96-129, Sec. 211(b)-(e), 93 
                                            Stat. 1012.                 
    60117(c)       49 App.:1681(c).                                     
                   49 App.:2010(c).                                     
    60117(d)       49 App.:1681(e)                                      
                    (1st sentence).                                     
                   49 App.:2010(e)                                      
                    (1st sentence).                                     
    60117(e)       49 App.:1681(d).                                     
                   49 App.:2010(d).                                     
    60117(f)       49 App.:1681(a)                                      
                    (1st sentence words                                 
                    after semicolon).                                   
                   49 App.:1681(a) (2d     Aug. 12, 1968, Pub. L.       
                    sentence).              90-481, 82 Stat. 720, Sec.  
                                            14(a) (2d sentence); added  
                                            Oct. 31, 1988, Pub. L.      
                                            100-561, Sec. 109, 102 Stat.
                                            2809.                       
                   49 App.:2010(a)                                      
                    (1st sentence words                                 
                    after semicolon).                                   
                   49 App.:2010(a) (2d     Nov. 30, 1979, Pub. L.       
                    sentence).              96-129, 93 Stat. 989, Sec.  
                                            211(a) (2d sentence); added 
                                            Oct. 31, 1988, Pub. L.      
                                            100-561, Sec. 208, 102 Stat.
                                            2812.                       
    60117(g)       49 App.:1682(a).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 15(a), 82 Stat.
                                            727; Nov. 30, 1979, Pub. L. 
                                            96-129, Secs. 104(b),       
                                            109(j)(2), (k), 155(b), 93  
                                            Stat. 992, 997, 1003.       
                   49 App.:2011(a).        Nov. 30, 1979, Pub. L.       
                                            96-129, Sec. 212(a)-(c), 93 
                                            Stat. 1013.                 
    60117(h)(1)    49 App.:1682(b).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 15(b), 82 Stat.
                                            727; Nov. 30, 1979, Pub. L. 
                                            96-129, Secs. 104(b),       
                                            109(j)(2), 93 Stat. 992, 997.
                   49 App.:2011(b).                                     
    60117(h)(2)    49 App.:1682(c).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            15(c); added Aug. 22, 1972, 
                                            Pub. L. 92-401, Sec. 3, 86  
                                            Stat. 616; Nov. 30, 1979,   
                                            Pub. L. 96-129, Secs.       
                                            104(b), 109(j)(2), 93 Stat. 
                                            992, 997.                   
                   49 App.:2011(c).                                     
    60117(h)(3)    49 App.:1682(d).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            15(d); added Nov. 30, 1979, 
                                            Pub. L. 96-129, Sec. 155(a),
                                            93 Stat. 1003.              
    60117(i)       49 App.:1676(b).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            9(b); added Oct. 31, 1988,  
                                            Pub. L. 100-561, Sec.       
                                            105(2), 102 Stat. 2807.     
                   49 App.:2011(d).        Nov. 30, 1979, Pub. L.       
                                            96-129, 93 Stat. 989, Sec.  
                                            212(d); added Oct. 31, 1988,
                                            Pub. L. 100-561, Sec. 209,  
                                            102 Stat. 2812.             
    60117(j)       49 App.:1681(e)                                      
                    (last sentence).                                    
                   49 App.:2010(e)                                      
                    (last sentence).                                    
    --------------------------------------------------------------------

      In subsection (a), the words "to the extent necessary . . . his
    responsibilities under" and "relevant" are omitted as surplus. The
    words "documents and" are omitted as being included in "records".
    The words "directly or, by contract, or otherwise" are omitted as
    surplus.
      In subsections (b), before clause (1), and (c), the words "has
    acted or . . . acting" are omitted as surplus. The word
    "prescribed" is added for consistency in the revised title and with
    other titles of the United States Code.
      In subsection (b)(1), the words "establish and" and "reasonably"
    are omitted as surplus.
      In subsection (c), the words "enter premises to" are substituted
    for "enter upon" for clarity and consistency. The words "and
    examine" and "to the extent such records and properties are
    relevant" are omitted as surplus.
      In subsection (d), the words "related to a confidential matter"
    are substituted for "which information contains or relates to a
    trade secret . . . shall be considered confidential for the purpose
    of that section" to eliminate unnecessary words. The words "All
    information reported to or otherwise" are omitted as surplus. The
    words "an officer, employee, or agent" are substituted for "his
    representative" for consistency. The word "only" is substituted for
    "except that such information" to eliminate unnecessary words. The
    words "when relevant" are omitted as surplus.
      In subsection (e)(1), the words "civil, criminal, or other" are
    omitted as surplus.
      In subsection (f), before clause (1), the words "however . . .
    exercise authority under this section to" are omitted as surplus.
    In clause (1), the word "affected" is omitted as surplus. In clause
    (2), the word "attempting" is substituted for "make every effort"
    to eliminate unnecessary words. The words "for testing" and "the
    Secretary considers" are added for clarity.
      In subsection (g), the words "with respect to matters under their
    jurisdiction" in 49 App.:2011(a) are omitted as surplus.
      In subsection (h)(1) and (2), the word "instrumentalities" is
    added for consistency in the revised title and with other titles of
    the Code.
      In subsection (h)(1), the word "Federal" before "safety" is
    omitted as surplus.
      In subsection (h)(3), the words "as a matter of right intervene
    or otherwise" and the text of 49 App.:1682(d) (last sentence) are
    omitted as surplus.
      In subsection (i), the words "Not later than 1 year after October
    31, 1988" are omitted as obsolete. The words "departments,
    agencies, and instrumentalities of the Government and State
    authorities" are substituted for "agencies of the United States and
    of the States" for consistency in the revised title and with other
    titles of the Code.
      In subsection (j), the words "by the Secretary or any officer,
    employee, or agent under his control" are omitted as surplus. The
    words "to have the information" are substituted for "duly" for
    clarity.

                              PUB. L. 103-429                          
      This amends 49:60117(i) by restating section 304(c) of the
    Pipeline Safety Act of 1992 (Public Law 102-508, 106 Stat. 3308) as
    49:60117(i)(2).


      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60117(i)(2)    49 App.:1682 (note).    Oct. 24, 1992, Pub. L.       
                                            102-508, Sec. 304(c), 106   
                                            Stat. 3308.                 
    --------------------------------------------------------------------


                                AMENDMENTS                            
      2002 - Subsec. (l). Pub. L. 107-355 added subsec. (l).
      1996 - Subsec. (a). Pub. L. 104-304, Sec. 19, inserted "and
    promotional activities relating to prevention of damage to pipeline
    facilities" after "and training activities".
      Subsec. (b). Pub. L. 104-304, Sec. 12(1), (3), substituted
    "owning" for "transporting gas or hazardous liquid" and inserted at
    end "The Secretary may require owners and operators of gathering
    lines to provide the Secretary information pertinent to the
    Secretary's ability to make a determination as to whether and to
    what extent to regulate gathering lines."
      Subsec. (k). Pub. L. 104-304, Sec. 12(2), added subsec. (k).
      1994 - Subsec. (i). Pub. L. 103-429 designated existing
    provisions as par. (1) and added par. (2).

-End-



-CITE-
    49 USC Sec. 60118                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60118. Compliance and waivers

-STATUTE-
      (a) General Requirements. - A person owning or operating a
    pipeline facility shall - 
        (1) comply with applicable safety standards prescribed under
      this chapter, except as provided in this section or in section
      60126;
        (2) prepare and carry out a plan for inspection and maintenance
      required under section 60108(a) and (b) of this title;
        (3) allow access to or copying of records, make reports and
      provide information, and allow entry or inspection required under
      section 60117(a)-(d) of this title; and
        (4) conduct a risk analysis, and adopt and implement an
      integrity management program, for pipeline facilities as required
      under section 60109(c).

      (b) Compliance Orders. - The Secretary of Transportation may
    issue orders directing 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.
      (c) Waivers by Secretary. - On application of a person owning or
    operating a pipeline facility, the Secretary by order may waive
    compliance with any part of an applicable standard prescribed under
    this chapter on terms the Secretary considers appropriate, if the
    waiver is not inconsistent with pipeline safety. The Secretary
    shall state the reasons for granting a waiver under this
    subsection. The Secretary may act on a waiver only after notice and
    an opportunity for a hearing.
      (d) Waivers by State Authorities. - 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.
      (e) Operator Assistance in Investigations. - If the Secretary or
    the National Transportation Safety Board investigate (!1) an
    accident involving a pipeline facility, the operator of the
    facility shall make available to the Secretary or the Board all
    records and information that in any way pertain to the accident
    (including integrity management plans and test results), and shall
    afford all reasonable assistance in the investigation of the
    accident.

      (f) Limitation on Statutory Construction. - Nothing in this
    section may be construed to infringe upon the constitutional rights
    of an operator or its employees.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1322; Pub. L.
    104-304, Sec. 13, Oct. 12, 1996, 110 Stat. 3802; Pub. L. 107-355,
    Secs. 10(a), (c), 14(c), Dec. 17, 2002, 116 Stat. 2995, 2996,
    3005.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60118(a)       49 App.:1677(a).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 10(a), 82 Stat.
                                            725; Nov. 30, 1979, Pub. L. 
                                            96-129, Sec. 105(b),        
                                            109(h)(4), 152(a), 93 Stat. 
                                            994, 996, 999.              
                   49 App.:2006(a).        Nov. 30, 1979, Pub. L.       
                                            96-129, Secs. 203(h),       
                                            207(a), (b)(1), 93 Stat.    
                                            1005, 1009.                 
    60118(b)       49 App.:1677(b)(1).     Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            10(b)(1); added Nov. 30,    
                                            1979, Pub. L. 96-129, Secs. 
                                            104(a)(1), 152(a), 93 Stat. 
                                            992, 999.                   
                   49 App.:2006(b)(1).                                  
    60118(c)       49 App.:1672(d)         Aug. 12, 1968, Pub. L.       
                    (1st, 2d sentences).     90-481, Sec. 3(d), 82 Stat. 
                                            721; Nov. 30, 1979, Pub. L. 
                                            96-129, Sec. 104(d), 109(c),
                                            152(b)(2), 93 Stat. 994,    
                                            996, 1001.                  
                   49 App.:2002(h)                                      
                    (1st, 2d sentences).                                 
    60118(d)       49 App.:1672(d)                                      
                    (3d-last sentences).                                 
                   49 App.:2002(h)                                      
                    (3d-last sentences).                                 
    --------------------------------------------------------------------

      In subsection (a)(1), the words "at all times after the date . .
    . takes effect . . . the requirements of" are omitted as surplus.
    The words "except as provided in this section" are added for
    clarity.
      In subsection (a)(2), the words "establish and" in 49
    App.:2006(a)(2) and "and comply with such plan" are omitted as
    surplus.
      In subsection (b), the word "prescribed" is substituted for
    "issued" for consistency in the revised title and with other titles
    of the United States Code. The word "particular" is omitted as
    surplus. The words "a person must take to comply" are substituted
    for "required of the person to whom the order is issued" for
    clarity and to eliminate unnecessary words.
      In subsection (c), the words "any part of" are substituted for
    "in whole or in part" to eliminate unnecessary words. The words
    "and to such extent" and "he determines that . . . of compliance
    with such standard" are omitted as surplus.
      In subsection (d), the words "to which the certification or
    agreement applies" are added for clarity. The words "to the
    granting of the waiver" and "any State agency action granting" are
    omitted as surplus. The words "shall provide a prompt opportunity
    for a hearing" are substituted for "shall afford such agency a
    prompt opportunity to present its request for waiver, with
    opportunity for hearing" to eliminate unnecessary words and for
    consistency in the revised title and with other titles of the Code.

                                AMENDMENTS                            
      2002 - Subsec. (a)(4). Pub. L. 107-355, Sec. 14(c), added par.
    (4).
      Subsec. (e). Pub. L. 107-355, Sec. 10(a), added subsec. (e).
      Subsec. (f). Pub. L. 107-355, Sec. 10(c), added subsec. (f).
      1996 - Subsec. (a). Pub. L. 104-304, Sec. 13(a)(1), struck out
    "transporting gas or hazardous liquid or" after "person" in
    introductory provisions.
      Subsec. (a)(1). Pub. L. 104-304, Sec. 13(a)(2), added par. (1)
    and struck out former par. (1) which read as follows: "comply with
    applicable safety standards prescribed under this chapter, except
    as provided in this section;".
      Subsec. (b). Pub. L. 104-304, Sec. 13(b), reenacted subsec.
    heading without change and amended text generally. Prior to
    amendment, text read as follows: "The Secretary of Transportation
    may issue orders directing compliance with this chapter or a
    regulation prescribed under this chapter. An order shall state
    clearly the action a person must take to comply."
      Subsec. (c). Pub. L. 104-304, Sec. 13(c), substituted "owning"
    for "transporting gas or hazardous liquid".

-FOOTNOTE-
    (!1) So in original. Probably should be "investigates".


-End-



-CITE-
    49 USC Sec. 60119                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60119. Judicial review

-STATUTE-
      (a) Review of Regulations and Waiver Orders. - (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 about an application for a waiver under section 60118(c) or
    (d) of this title 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.
      (2) A judgment of a court under paragraph (1) of this subsection
    may be reviewed only by the Supreme Court under section 1254 of
    title 28. A remedy under paragraph (1) is in addition to any other
    remedies provided by law.
      (b) Review of Financial Responsibility Orders. - (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.
      (2) A judgment of a court under paragraph (1) of this subsection
    may be reviewed only by the Supreme Court under section 1254(1) of
    title 28.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1323.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60119(a)(1)    49 App.:1675(a).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 8(a), 82 Stat. 
                                            724; Nov. 30, 1979, Pub. L. 
                                            96-129, Secs. 104(e)(2),    
                                            152(a), 93 Stat. 994, 999;  
                                            Jan. 14, 1983, Pub. L.      
                                            97-468, Sec. 102, 96 Stat.  
                                            2543.                       
                   49 App.:2005(a).        Nov. 30, 1979, Pub. L.       
                                            96-129, Sec. 206(a), 93     
                                            Stat. 1009; Jan. 14, 1983,  
                                            Pub. L. 97-468, Sec. 103, 96
                                            Stat. 2543.                 
    60119(a)(2)    49 App.:1675(b),        Aug. 12, 1968, Pub. L.       
                    (c).                    90-481, Sec. 8(b), (c), 82  
                                            Stat. 724; Nov. 30, 1979,   
                                            Pub. L. 96-129, Secs.       
                                            104(e)(3), 152(a), 93 Stat. 
                                            994, 999.                   
                   49 App.:1675(d),        Aug. 12, 1968, Pub. L.       
                    (e).                    90-481, Sec. 8(d), (e), 82  
                                            Stat. 725; Nov. 30, 1979,   
                                            Pub. L. 96-129, Sec. 152(a),
                                            93 Stat. 999.               
                   49 App.:2005(b)-(e).    Nov. 30, 1979, Pub. L.       
                                            96-129, Sec. 206(b)-(e), 93 
                                            Stat. 1009.                 
    60119(b)(1)    49 App.:1674b(b)        Aug. 12, 1968, Pub. L.       
                    (4)(A), (B).            90-481, 82 Stat. 720, Sec.  
                                            7(b)(4); added Nov. 30,     
                                            1979, Pub. L. 96-129, Sec.  
                                            153, 93 Stat. 1002.         
    60119(b)(2)    49 App.:1674b(b)                                     
                    (4)(C).                                             
    --------------------------------------------------------------------

      In this section, the word "judicial" is omitted as surplus.
      In subsection (a)(1), the words "Except as provided in subsection
    (b) of this section" are added for clarity. The words "who is or
    will be . . . or aggrieved" are omitted as surplus. The word
    "prescribed" is added for consistency in the revised title and with
    other titles of the United States Code. The word "Circuit" is added
    to complete the proper title of the Court. The word "resides" is
    substituted for "located" for clarity and for consistency in the
    revised title and with other titles of the Code. The words "or
    other officer designated by him for that purpose" are omitted as
    surplus because of 49:322(b).
      In subsection (a)(2), the text of 49 App.:1675(b) and 2005(b) is
    omitted as surplus because of 28:1331 and because 5:ch. 7 applies
    in the absence of an exception. The text of 49 App.:1675(d) and
    2005(d) is omitted as covered by rule 43 of the Federal Rules of
    Appellate Procedure (28 App. U.S.C.). The words "affirming or
    setting aside, in whole or in part, any such regulation or order of
    the Secretary" are omitted as surplus. The words "may be reviewed
    only" are substituted for "shall be final, subject to review" for
    consistency. The words "and not in substitution for" are omitted as
    surplus.
      In subsection (b)(1), the words "adversely affected" are
    substituted for "aggrieved" for consistency in the revised title
    and with other titles of the Code. The word "only" is omitted as
    surplus. The text of 49 App.:1674b(b)(4)(B) (1st sentence) is
    omitted as surplus because 28:2112 applies in the absence of an
    exception. The text of 49 App.:1674b(b)(4)(B) (2d sentence) is
    omitted as surplus and because of 28:1651.
      In subsection (b)(2), the words "and decree" are omitted as
    surplus. The words "may be reviewed only" are substituted for
    "shall be final, except that such judgment and decree shall be
    subject to review" for consistency and to eliminate unnecessary
    words. The words "upon certiorari" are omitted as surplus because
    of 28:1254(1).

-End-



-CITE-
    49 USC Sec. 60120                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60120. Enforcement

-STATUTE-
      (a) Civil Actions. - 
        (1) Civil actions to enforce this chapter. - 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.
        (2) Civil actions to require compliance with subpoenas or allow
      for inspections. - 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.

      (b) Jury Trial Demand. - In a trial for criminal contempt for
    violating an injunction issued under this section, the violation of
    which is also a violation of this chapter, the defendant may demand
    a jury trial. The defendant shall be tried as provided in rule
    42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).
      (c) Effect on Tort Liability. - This chapter does not affect the
    tort liability of any person.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1323; Pub. L.
    107-355, Sec. 8(b)(3), Dec. 17, 2002, 116 Stat. 2993.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60120(a)(1)    49 App.:1677(b)(2).     Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            10(b)(2); added Nov. 30,    
                                            1979, Pub. L. 96-129, Secs. 
                                            104(a)(1), 152(a), 93 Stat. 
                                            992, 999.                   
                   49 App.:1679b(a)(1).    Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            12(a); added Nov. 30, 1979, 
                                            Pub. L. 96-129, Sec. 104(b),
                                            93 Stat. 993.               
                   49 App.:2006(b)(2).     Nov. 30, 1979, Pub. L.       
                                            96-129, Secs. 207(b)(2),    
                                            (c), 209(a), 93 Stat. 1009, 
                                            1010.                       
                   49 App.:2008(a)(1).                                  
    60120(a)(2)    49 App.:1681(f).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            14(f); added Oct. 24, 1992, 
                                            Pub. L. 102-508, Sec.       
                                            112(b), 106 Stat. 3295.     
                   49 App.:2010(f).        Nov. 30, 1979, Pub. L.       
                                            96-129, 93 Stat. 989, Sec.  
                                            211(f); added Oct. 24, 1992,
                                            Pub. L. 102-508, Sec.       
                                            211(b), 106 Stat. 3304.     
    60120(b)       49 App.:1679b(a)(2).                                 
                   49 App.:2008(a)(2).                                  
    60120(c)       49 App.:1677(c).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 10(c), 82 Stat.
                                            725; Nov. 30, 1979, Pub. L. 
                                            96-129, Secs. 104(a)(1),    
                                            152(a), 93 Stat. 992, 999.  
                   49 App.:2006(c).                                     
    --------------------------------------------------------------------

      In subsection (a)(1), the text of 49 App.:1677(b)(2) and
    2006(b)(2) and the words "shall have jurisdiction to determine such
    actions" in 49 App.:1679b(a)(1) and 2008(a)(1) are omitted as
    redundant and because of 28:1331 and 1345. The word "civil" is
    added for consistency in the revised title and with other titles of
    the United States Code and because of rule 2 of the Federal Rules
    of Civil Procedure (28 App. U.S.C.). The words "to enforce this
    chapter" are substituted for "for equitable relief to redress or
    restrain a violation by any person of a provision of this chapter"
    to eliminate unnecessary words. The word "prescribed" is
    substituted for "issued" for consistency in the revised title and
    with other titles of the Code. The words "necessary or . . .
    mandatory or prohibitive injunctive relief, interim equitable
    relief, and" are omitted as surplus.
      In subsection (a)(2), the words "the Attorney General may bring a
    civil action in a district court of the United States" are
    substituted for "such district court shall, upon the request of the
    Attorney General . . . have jurisdiction to issue to such person an
    order" for clarity and consistency and because of 28:1331 and 1345.
    The words "contumacy or" are omitted as surplus. The word
    "premises" is added for clarity and consistency. The words "or
    examine" are omitted as being included in "inspect".
      In subsection (b), the words "mandatory or prohibitive" are
    omitted as surplus. The words "the defendant may demand a jury
    trial" are substituted for "trial shall be by the court or, upon
    demand of the accused, by a jury" to eliminate unnecessary words
    and for consistency in the revised title and with other titles of
    the Code.
      In subsection (c), the words "common law or statutory" are
    omitted as surplus.

                                AMENDMENTS                            
      Subsec. (a). Pub. L. 107-355 reenacted subsec. heading without
    change, added par. (1) and struck out former par. (1), inserted
    par. (2) heading and realigned margins. Prior to amendment, par.
    (1) read as follows: "On 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 or a regulation prescribed or order issued under this
    chapter. The court may award appropriate relief, including punitive
    damages."

-End-



-CITE-
    49 USC Sec. 60121                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60121. Actions by private persons

-STATUTE-
      (a) General Authority. - (1) A person may bring a civil action in
    an appropriate district court of the United States for an
    injunction against another person (including the United States
    Government and other governmental authorities to the extent
    permitted under the 11th amendment to the Constitution) for a
    violation of this chapter or a regulation prescribed or order
    issued under this chapter. However, the person - 
        (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;
        (B) may not bring the action if the Secretary or authority has
      begun and diligently is pursuing an administrative proceeding for
      the violation; and
        (C) may not bring the action if the Attorney General of the
      United States, or the chief law enforcement officer of a State,
      has begun and diligently is pursuing a judicial proceeding for
      the violation.

      (2) The Secretary shall prescribe the way in which notice is
    given under this subsection.
      (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.
      (b) Costs and Fees. - The court may award costs, reasonable
    expert witness fees, and a reasonable attorney's fee to a
    prevailing plaintiff in a civil action under this section. The
    court may award costs to a prevailing defendant when the action is
    unreasonable, frivolous, or meritless. In this subsection, a
    reasonable attorney's fee is a fee - 
        (1) based on the actual time spent and the reasonable expenses
      of the attorney for legal services provided to a person under
      this section; and
        (2) computed at the rate prevailing for providing similar
      services for actions brought in the court awarding the fee.

      (c) State Violations as Violations of This Chapter. - In this
    section, a violation of a safety standard or practice of a State is
    deemed to be a violation of this chapter or a regulation prescribed
    or order issued under this chapter only to the extent the standard
    or practice is not more stringent than a comparable minimum safety
    standard prescribed under this chapter.
      (d) Additional Remedies. - A remedy under this section is in
    addition to any other remedies provided by law. This section does
    not restrict a right to relief that a person or a class of persons
    may have under another law or at common law.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1324.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60121(a)(1)    49 App.:1686(a),        Aug. 12, 1968, Pub. L.       
                    (b) (1st sentence).     90-481, 82 Stat. 720, Sec.  
                                            19; added Oct. 11, 1976,    
                                            Pub. L. 94-477, Sec. 8, 90  
                                            Stat. 2075; Nov. 30, 1979,  
                                            Pub. L. 96-129, Sec. 104(b),
                                            93 Stat. 992.               
                   49 App.:2014(a),        Nov. 30, 1979, Pub. L.       
                    (b) (1st sentence).     96-129, Sec. 215, 93 Stat.  
                                            1014.                       
    60121(a)(2)    49 App.:1686(b)                                      
                    (last sentence).                                    
                   49 App.:2014(b)                                      
                    (last sentence).                                    
    60121(a)(3)    49 App.:1686(c).                                     
                   49 App.:2014(c).                                     
    60121(b)       49 App.:1686(e).                                     
                   49 App.:2014(e).                                     
    60121(c)       49 App.:1686(f).                                     
                   49 App.:2014(f).                                     
    60121(d)       49 App.:1686(d).                                     
                   49 App.:2014(d).                                     
    --------------------------------------------------------------------

      In subsection (a)(1), before clause (A), the text of 49
    App.:1686(a) (last sentence, words after the comma) and 2014(a)
    (last sentence, words after the comma) is omitted as surplus
    because the amount in controversy is no longer a criterion. The
    word "bring" is substituted for "commence" for consistency in the
    revised title and with other titles of the United States Code. The
    words "mandatory or prohibitive", "including interim equitable
    relief", "State, municipality, or", and "alleged to be" are omitted
    as surplus. The word "prescribed" is added for consistency in the
    revised title and with other titles of the Code.
      In subsection (a)(2), the words "by regulation" are omitted as
    surplus because of 49:322(a).
      In subsection (a)(3), the words "as a matter of right" are
    omitted as surplus.
      In subsection (b), before clause (1), the words "in the interest
    of justice" and "of suit, including" are omitted as surplus. In
    clause (1), the words "by an attorney" and "advice and other" are
    omitted as surplus. The words "provided to a person under this
    section" are substituted for "providing . . . in connection with
    representing a person in an action brought under this section" to
    eliminate unnecessary words.
      In subsection (c), the word "Federal" is omitted as surplus. The
    words "prescribed under this chapter" are added for clarity.
      In subsection (d), the words "enforcement of this chapter or any
    order or regulation under this chapter or to seek any other" are
    omitted as surplus.

-End-



-CITE-
    49 USC Sec. 60122                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60122. Civil penalties

-STATUTE-
      (a) General Penalties. - (1) A person that the Secretary of
    Transportation decides, after written notice and an opportunity for
    a hearing, has violated section 60114(b) 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 $100,000 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
    $1,000,000.
      (2) A person violating a standard or order under section 60103 or
    60111 of this title is liable to the Government for a civil penalty
    of not more than $50,000 for each violation. A penalty under this
    paragraph may be imposed in addition to penalties imposed under
    paragraph (1) of this subsection.
      (3) A person violating section 60129, or an order issued
    thereunder, is liable to the Government for a civil penalty of not
    more than $1,000 for each violation. The penalties provided by
    paragraph (1) do not apply to a violation of section 60129 or an
    order issued thereunder.
      (b) Penalty Considerations. - In determining the amount of a
    civil penalty under this section - 
        (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, the ability to pay, and any
        effect on ability to continue doing business; and
          (C) good faith in attempting to comply; and

        (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.

      (c) Collection and Compromise. - (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.
      (2) The Secretary may compromise the amount of a civil penalty
    imposed under this section before referral to the Attorney General.
      (d) Setoff. - The Government may deduct the amount of a civil
    penalty imposed or compromised under this section from amounts it
    owes the person liable for the penalty.
      (e) Deposit in Treasury. - Amounts collected under this section
    shall be deposited in the Treasury as miscellaneous receipts.
      (f) Prohibition on Multiple Penalties for Same Act. - Separate
    penalties for violating a regulation prescribed under this chapter
    and for violating an order under section 60112 or 60118(b) of this
    title may not be imposed under this chapter if both violations are
    based on the same act.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1325; Pub. L.
    107-355, Secs. 6(b), 8(b)(1), (2), 21(3), Dec. 17, 2002, 116 Stat.
    2992, 2993, 3010.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60122(a)(1)    49                      Aug. 12, 1968, Pub. L.       
                    App.:1679a(a)(1),       90-481, 82 Stat. 720, Sec.  
                    (3) (1st sentence).     11(a); added Nov. 30, 1979, 
                                            Pub. L. 96-129, Secs.       
                                            104(b), 154, 93 Stat. 992,  
                                            1002; Oct. 31, 1988, Pub. L.
                                            100-561, Sec. 106, 102 Stat.
                                            2807; Oct. 24, 1992, Pub. L.
                                            102-508, Secs. 112(a),      
                                            304(b), 106 Stat. 3295, 3308.
                   49 App.:2007(a)(1),     Nov. 30, 1979, Pub. L.       
                    (2) (1st sentence).     96-129, Sec. 208(a), (b),   
                                            (d), 93 Stat. 1009, 1010;   
                                            Oct. 31, 1988, Pub. L.      
                                            100-561, Sec. 205, 102 Stat.
                                            2811; Oct. 24, 1992, Pub. L.
                                            102-508, Sec. 211(a), 106   
                                            Stat. 3304.                 
    60122(a)(2)    49 App.:1679a(a)(2).                                 
    60122(b)       49 App.:1679a(a)(3)                                  
                    (last sentence).                                    
                   49 App.:2007(a)(2)                                   
                    (last sentence).                                    
    60122(c)       49 App.:1679a(b)        Aug. 12, 1968, Pub. L.       
                    (1st sentence).         90-481, 82 Stat. 720, Sec.  
                                            11(b), (d); added Nov. 30,  
                                            1979, Pub. L. 96-129, Sec.  
                                            104(b), 93 Stat. 992, 993.  
                   49 App.:2007(b)                                      
                    (1st sentence).                                     
    60122(d)       49 App.:1679a(b)                                     
                    (2d sentence).                                      
                   49 App.:2007(b) (2d                                  
                    sentence).                                          
    60122(e)       49 App.:1679a(b)                                     
                    (last sentence).                                    
                   49 App.:2007(b)                                      
                    (last sentence).                                    
    60122(f)       49 App.:1679a(d).                                    
                   49 App.:2007(d).                                     
    --------------------------------------------------------------------

      In subsection (a)(1), the word "prescribed" is added for
    consistency in the revised title and with other titles of the
    United States Code. The words "including any order issued under
    sections 1677(b) and 1679b(b)" in 49 App.:1679a(a)(1) and
    "including any order issued under section 2006(b) or 2008(b)" in 49
    App.:2007(a)(1) are omitted as surplus. The word "occurs" is added
    for clarity.
      In subsection (a)(2), the words "is determined by the Secretary
    to have" are omitted as surplus. The words "for each violation" are
    added for clarity and consistency. The word "imposed" is
    substituted for "to which such person may be subject" for
    consistency and to eliminate unnecessary words.
      In subsection (b)(2), the word "violator" is substituted for "the
    person found to have committed the violation" for consistency and
    to eliminate unnecessary words. The words "the penalty" are omitted
    as surplus.
      In subsection (c)(1), the words "The Secretary may request the
    Attorney General to bring a civil action" are substituted for "in
    an action brought by the Attorney General on behalf of the United
    States" for clarity, to eliminate unnecessary words, and because of
    28:2461 and rule 2 of the Federal Rules of Civil Procedure (28 App.
    U.S.C.).
      In subsection (d), the words "imposed or compromised under this
    section" are substituted for "of the penalty, when finally
    determined (or agreed upon in compromise)" to eliminate unnecessary
    words and for consistency. The words "liable for the penalty" are
    substituted for "charged" for clarity.
      In subsection (f), the words "Separate penalties . . . prescribed
    under this chapter . . . may not be imposed under this chapter" are
    substituted for "Nothing in this title shall be construed to
    authorize . . . penalties" for clarity.

                                AMENDMENTS                            
      2002 - Subsec. (a)(1). Pub. L. 107-355, Sec. 21(3), substituted
    "section 60114(b)" for "section 60114(c)".
      Pub. L. 107-355, Sec. 8(b)(1), substituted "$100,000" for
    "$25,000" and "$1,000,000" for "$500,000".
      Subsec. (a)(3). Pub. L. 107-355, Sec. 6(b), added par. (3).
      Subsec. (b). Pub. L. 107-355, Sec. 8(b)(2), substituted "under
    this section - " and pars. (1) and (2) for "under this section, the
    Secretary shall consider - 
        "(1) the nature, circumstances, and gravity of the violation;
        "(2) with respect to the violator, the degree of culpability,
      any history of prior violations, the ability to pay, and any
      effect on ability to continue doing business;
        "(3) good faith in attempting to comply; and
        "(4) other matters that justice requires."

                         COMPTROLLER GENERAL STUDY                     
      Pub. L. 107-355, Sec. 8(d), Dec. 17, 2002, 116 Stat. 2994,
    required the Comptroller General to study the actions, policies,
    and procedures of the Secretary of Transportation for assessing and
    collecting fines and penalties on operators of hazardous liquid and
    gas transmission pipelines, and to report, not later than 1 year
    after Dec. 17, 2002, the results of the study to certain committees
    of Congress.

-End-



-CITE-
    49 USC Sec. 60123                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60123. Criminal penalties

-STATUTE-
      (a) General Penalty. - A person knowingly and willfully violating
    section 60114(b), 60118(a), or 60128 of this title or a regulation
    prescribed or order issued under this chapter shall be fined under
    title 18, imprisoned for not more than 5 years, or both.
      (b) Penalty for Damaging or Destroying Facility. - A person
    knowingly and willfully damaging or destroying an interstate gas
    pipeline facility, an interstate hazardous liquid pipeline
    facility, or either an intrastate gas pipeline facility or
    intrastate hazardous liquid pipeline facility that is used in
    interstate or foreign commerce or in any activity affecting
    interstate or foreign commerce, or attempting or conspiring to do
    such an act, shall be fined under title 18, imprisoned for not more
    than 20 years, or both, and, if death results to any person, shall
    be imprisoned for any term of years or for life.
      (c) Penalty for Damaging or Destroying Sign. - A person knowingly
    and willfully defacing, damaging, removing, or destroying a
    pipeline sign or right-of-way marker required by a law or
    regulation of the United States shall be fined under title 18,
    imprisoned for not more than one year, or both.
      (d) Penalty for Not Using One-Call Notification System or Not
    Heeding Location Information or Markings. - A person shall be fined
    under title 18, imprisoned for not more than 5 years, or both, if
    the person - 
        (1) knowingly and willfully engages in an excavation activity -
      
          (A) without first using an available one-call notification
        system to establish the location of underground facilities in
        the excavation area; or
          (B) without paying attention to appropriate location
        information or markings the operator of a pipeline facility
        establishes; and

        (2) subsequently damages - 
          (A) a pipeline facility that results in death, serious bodily
        harm, or actual damage to property of more than $50,000;
          (B) a pipeline facility, and knows or has reason to know of
        the damage, but does not report the damage promptly to the
        operator of the pipeline facility and to other appropriate
        authorities; or
          (C) a hazardous liquid pipeline facility that results in the
        release of more than 50 barrels of product.

    Penalties under this subsection may be reduced in the case of a
    violation that is promptly reported by the violator.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1325; Pub. L.
    104-304, Secs. 14, 18(b)(1), Oct. 12, 1996, 110 Stat. 3803, 3804;
    Pub. L. 107-56, title VIII, Secs. 810(h), 811(k), Oct. 26, 2001,
    115 Stat. 381, 382; Pub. L. 107-355, Secs. 3(c), 8(c), 21(4), Dec.
    17, 2002, 116 Stat. 2986, 2994, 3010.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60123(a)       49 App.:1679a(c)(1).    Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            11(c)(1); added Nov. 30,    
                                            1979, Pub. L. 96-129, Sec.  
                                            104(b), 93 Stat. 992; Oct.  
                                            24, 1992, Pub. L. 102-508,  
                                            Sec. 304(b), 106 Stat. 3308.
                   49 App.:2007(c)(1).     Nov. 30, 1979, Pub. L.       
                                            96-129, Sec. 208(c)(1), (2),
                                            93 Stat. 1010.              
    60123(b)       49 App.:1679a(c)(2).    Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            11(c)(2); added Nov. 30,    
                                            1979, Pub. L. 96-129, Sec.  
                                            104(b), 93 Stat. 992.       
                   49 App.:2007(c)(2).                                  
    60123(c)       49 App.:1679a(c)(3).    Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            11(c)(3); added Oct. 31,    
                                            1988, Pub. L. 100-561, Sec. 
                                            107, 102 Stat. 2807.        
                   49 App.:2007(c)(3).     Nov. 30, 1979, Pub. L.       
                                            96-129, 93 Stat. 989, Sec.  
                                            208(c)(3); added Oct. 31,   
                                            1988, Pub. L. 100-561, Sec. 
                                            206, 102 Stat. 2811.        
    60123(d)       49 App.:1687(g).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            20(g); added Oct. 24, 1992, 
                                            Pub. L. 102-508, Sec.       
                                            304(a), 106 Stat. 3307.     
    --------------------------------------------------------------------

      In this section, the words "upon conviction . . . subject, for
    each offense, to" and "a term" are omitted as surplus.
      In subsections (a)-(c), the words "fined under title 18" are
    substituted for "a fine of not more than $25,000" and "a fine of
    not more than $5,000" for consistency with title 18.
      In subsection (a), the word "prescribed" is added for consistency
    in the revised title and with other titles of the United States
    Code. The words "including any order issued under section 1677(b)
    and 1679b(b) of this Appendix" in 49 App.:1679a(c)(1) and
    "including any order issued under section 2006(b) or 2008(b) of the
    Appendix" in 49 App.:2007(c)(1) are omitted as surplus.
      In subsection (b), the word "damaging" is substituted for
    "injures", and the word "damage" is substituted for "injure", for
    clarity.

                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-355, Sec. 21(4), substituted
    "60114(b)" for "60114(c)".
      Subsec. (b). Pub. L. 107-355, Sec. 8(c), substituted "gas
    pipeline facility, an" for "gas pipeline facility or" and inserted
    ", or either an intrastate gas pipeline facility or intrastate
    hazardous liquid pipeline facility that is used in interstate or
    foreign commerce or in any activity affecting interstate or foreign
    commerce" after "liquid pipeline facility".
      Subsec. (d). Pub. L. 107-355, Sec. 3(c)(1), (4), struck out
    "knowingly and willfully" after "if the person" in introductory
    provisions and inserted concluding provisions.
      Subsec. (d)(1). Pub. L. 107-355, Sec. 3(c)(2), inserted
    "knowingly and willfully" before "engages".
      Subsec. (d)(2)(B). Pub. L. 107-355, Sec. 3(c)(3), added subpar.
    (B) and struck out former subpar. (B) which read as follows: "a
    pipeline facility that does not report the damage promptly to the
    operator of the pipeline facility and to other appropriate
    authorities; or".
      2001 - Subsec. (b). Pub. L. 107-56 struck out ", or attempting to
    damage or destroy," before "an interstate gas pipeline facility",
    inserted ", or attempting or conspiring to do such an act," before
    "shall be fined under title 18," and substituted "20 years, or
    both, and, if death results to any person, shall be imprisoned for
    any term of years or for life." for "15 years, or both."
      1996 - Subsec. (a). Pub. L. 104-304, Sec. 18(b)(1), substituted
    ", 60118(a), or 60128" for "or 60118(a)".
      Subsec. (d)(2). Pub. L. 104-304, Sec. 14, added subpar. (B) and
    redesignated former subpar. (B) as (C).

-End-



-CITE-
    49 USC Sec. 60124                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60124. Biennial reports

-STATUTE-
      (a) Submission and Contents. - 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; and
          (B) technological progress in safety achieved.

        (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.

      (b) Submission of One Report. - The Secretary may submit one
    report to carry out subsection (a) of this section.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1326; Pub. L.
    104-66, title I, Sec. 1121(l), Dec. 21, 1995, 109 Stat. 724; Pub.
    L. 104-304, Sec. 15(a), Oct. 12, 1996, 110 Stat. 3803.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60124(a)       49 App.:1683(a).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 16(a), 82 Stat.
                                            728; Oct. 11, 1976, Pub. L. 
                                            94-477, Sec. 7, 90 Stat.    
                                            2075; Nov. 30, 1979, Pub. L.
                                            96-129, Secs. 104(b), 107,  
                                            109(l), (m), 93 Stat. 992,  
                                            995, 997; Oct. 11, 1984,    
                                            Pub. L. 98-464, Sec. 3(a),  
                                            98 Stat. 1821; Oct. 24,     
                                            1992, Pub. L. 102-508, Sec. 
                                            110(b), 106 Stat. 3295.     
                   49 App.:1683(b).        Aug. 12, 1968, Pub. L.       
                                            90-481, Sec. 16(b), 82 Stat.
                                            728; Nov. 30, 1979, Pub. L. 
                                            96-129, Sec. 104(b), 93     
                                            Stat. 992.                  
                   49 App.:2012(a).        Nov. 30, 1979, Pub. L.       
                                            96-129, Sec. 213(a), 93     
                                            Stat. 1013; Oct. 11, 1984,  
                                            Pub. L. 98-464, Sec. 3(b),  
                                            98 Stat. 1821; Oct. 24,     
                                            1992, Pub. L. 102-508, Sec. 
                                            209(b), 106 Stat. 3304.     
                   49 App.:2012(b).        Nov. 30, 1979, Pub. L.       
                                            96-129, Sec. 213(b), (c), 93
                                            Stat. 1014.                 
    60124(b)       49 App.:2012(c).                                     
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "prepare and" and
    "comprehensive" are omitted as surplus. The words "the following
    information" are added for clarity. The words "about the prior
    year" are substituted for "occurring in such year", "established or
    in effect in such year", "during such year", and "during the
    preceding calendar year" to eliminate unnecessary words. In clause
    (2), the word "Federal" is omitted as surplus. The word
    "prescribed" is substituted for "established or in effect" and
    "established" for consistency in the revised title and with other
    titles of the United States Code and to eliminate unnecessary
    words. The word "newly" is omitted as surplus. In clause (4), the
    words "for the transportation of gas and pipeline facilities" in 49
    App.:1683(a)(4) and "for the transportation of hazardous liquids
    and pipeline facilities" in 49 App.:2012(a)(4) are omitted because
    of the restatement. In clause (5), the words "in carrying out" are
    substituted for "confronting the administration of" for
    consistency. In clause (9), before subclause (A), the words "by
    State agencies (including municipalities)" are omitted as surplus.
    In clauses (9)(B) and (10)(B), the words "in any part" are added
    for clarity. In clause (10), before subclause (A), the words "with
    State agencies (including municipalities)" are omitted as surplus.
    In clause (12), before subclause (A), the word "additional" is
    omitted as surplus. In subclause (A), the word "several" is omitted
    as surplus.
      In subsection (b), the words "annual" and "the report
    requirements of" are omitted as surplus.

                                AMENDMENTS                            
      1996 - Pub. L. 104-304, Sec. 15(a)(1), substituted "Biennial" for
    "Annual" in section catchline.
      Subsec. (a). Pub. L. 104-304, Sec. 15(a)(2), inserted first
    sentence and struck out former first sentence which read as
    follows: "The Secretary of Transportation shall submit to Congress
    not later than August 15 of each odd-numbered year a report on
    carrying out this chapter for the prior calendar year for gas and a
    report on carrying out this chapter for the prior calendar year for
    hazardous liquid."
      1995 - Subsec. (a). Pub. L. 104-66 substituted "of each odd-
    numbered year" for "of each year" in first sentence of
    introductory provisions.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which the 7th and 9th items on page 135 identify reporting
    provisions which, as subsequently amended, are contained in this
    section), see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance.

-End-



-CITE-
    49 USC Sec. 60125                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60125. Authorization of appropriations

-STATUTE-
      (a) Gas and Hazardous Liquid. - To carry out this chapter (except
    for section 60107) related to gas and hazardous liquid, the
    following amounts are authorized to be appropriated to the
    Department of Transportation:
        (1) $45,800,000 for fiscal year 2003, of which $31,900,000 is
      to be derived from user fees for fiscal year 2003 collected under
      section 60301 of this title.
        (2) $46,800,000 for fiscal year 2004, of which $35,700,000 is
      to be derived from user fees for fiscal year 2004 collected under
      section 60301 of this title.
        (3) $47,100,000 for fiscal year 2005, of which $41,100,000 is
      to be derived from user fees for fiscal year 2005 collected under
      section 60301 of this title.
        (4) $50,000,000 for fiscal year 2006, of which $45,000,000 is
      to be derived from user fees for fiscal year 2006 collected under
      section 60301 of this title.

      (b) State Grants. - (1) Not more than the following amounts may
    be appropriated to the Secretary to carry out section 60107 of this
    title:
        (A) $19,800,000 for fiscal year 2003, of which $14,800,000 is
      to be derived from user fees for fiscal year 2003 collected under
      section 60301 of this title.
        (B) $21,700,000 for fiscal year 2004, of which $16,700,000 is
      to be derived from user fees for fiscal year 2004 collected under
      section 60301 of this title.
        (C) $24,600,000 for fiscal year 2005, of which $19,600,000 is
      to be derived from user fees for fiscal year 2005 collected under
      section 60301 of this title.
        (D) $26,500,000 for fiscal year 2006, of which $21,500,000 is
      to be derived from user fees for fiscal year 2006 collected under
      section 60301 of this title.

      (2) At least 5 percent of amounts appropriated to carry out
    United States Government grants-in-aid programs for a fiscal year
    are available only to carry out section 60107 of this title related
    to hazardous liquid.
      (3) Not more than 20 percent of a pipeline safety program grant
    under section 60107 of this title may be allocated to indirect
    expenses.
      (c) Oil Spill Liability Trust Fund. - Of the amounts available in
    the Oil Spill Liability Trust Fund, $8,000,000 shall be transferred
    to the Secretary of Transportation, as provided in appropriation
    Acts, to carry out programs authorized in this chapter for each of
    fiscal years 2003 through 2006.
      (d) Emergency Response Grants. - 
        (1) In general. - 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.
        (2) Authorization of appropriations. - There is authorized to
      be appropriated $6,000,000 for each of fiscal years 2003 through
      2006 to carry out this subsection.

      (e) Crediting Appropriations for Expenditures for Training. - 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1327; Pub. L.
    104-304, Sec. 21, Oct. 12, 1996, 110 Stat. 3805; Pub. L. 107-355,
    Sec. 22, Dec. 17, 2002, 116 Stat. 3010.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    60125(a)       49 App.:1684(a)         Aug. 12, 1968, Pub. L.       
                    (1st sentence).         90-481, Sec. 17(a), 82 Stat.
                                            729; Aug. 22, 1972, Pub. L. 
                                            92-401, Sec. 4, 86 Stat.    
                                            616; Aug. 30, 1974, Pub. L. 
                                            93-403, Sec. 3, 88 Stat.    
                                            802; Oct. 11, 1976, Pub. L. 
                                            94-477, Sec. 2(1), 90 Stat. 
                                            2073; restated Nov. 30,     
                                            1979, Pub. L. 96-129, Secs. 
                                            104(b), 108, 93 Stat. 992,  
                                            996; Oct. 11, 1984, Pub. L. 
                                            98-464, Sec. 1(a), 98 Stat. 
                                            1821; Apr. 7, 1986, Pub. L. 
                                            99-272, Secs. 7001,         
                                            7002(b)(4), 100 Stat. 139;  
                                            Oct. 22, 1986, Pub. L.      
                                            99-516, Sec. 1(a), 100 Stat.
                                            2965; Oct. 31, 1988, Pub. L.
                                            100-561, Secs. 110,         
                                            303(b)(2), 102 Stat. 2809,  
                                            2816; Oct. 24, 1992, Pub. L.
                                            102-508, Sec. 114, 106 Stat.
                                            3296.                       
    60125(b)       49 App.:2013(a)         Nov. 30, 1979, Pub. L.       
                    (1st sentence).         96-129, Sec. 214(a), 93     
                                            Stat. 1014; Oct. 11, 1984,  
                                            Pub. L. 98-464, Sec. 2(a),  
                                            98 Stat. 1821; Apr. 7, 1986,
                                            Pub. L. 99-272, Secs.       
                                            7002(b)(3), 7004, 100 Stat. 
                                            139, 140; Oct. 22, 1986,    
                                            Pub. L. 99-516, Sec. 2, 100 
                                            Stat. 2965; Oct. 31, 1988,  
                                            Pub. L. 100-561, Sec. 210,  
                                            102 Stat. 2812; Oct. 24,    
                                            1992, Pub. L. 102-508, Sec. 
                                            214, 106 Stat. 3305.        
    60125(c)(1)    49 App.:1684(c).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            17(c); added Apr. 7, 1986,  
                                            Pub. L. 99-272, Sec.        
                                            7002(a), 100 Stat. 139; Oct.
                                            22, 1986, Pub. L. 99-516,   
                                            Sec. 1(b), 100 Stat. 2965;  
                                            Oct. 31, 1988, Pub. L.      
                                            100-561, Sec. 301(a), 102   
                                            Stat. 2813; Oct. 24, 1992,  
                                            Pub. L. 102-508, Sec. 301,  
                                            106 Stat. 3307.             
    60125(c)(      49 App.:1684(d).        Aug. 12, 1968, Pub. L.       
     2), (3)                                90-481, 82 Stat. 720, Sec.  
                                            17(d); added Apr. 7, 1986,  
                                            Pub. L. 99-272, Sec.        
                                            7002(a), 100 Stat. 139; Oct.
                                            31, 1988, Pub. L. 100-561,  
                                            Sec. 301(b), 102 Stat. 2813.
    60125(d)       49 App.:1687(f).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            20(f); added Oct. 31, 1988, 
                                            Pub. L. 100-561, Sec.       
                                            303(a), 102 Stat. 2816.     
    60125(e)       49 App.:1684(a)                                      
                    (2d, last                                           
                    sentences).                                         
                   49 App.:2013(a)                                      
                    (last sentence).                                    
    60125(f)       49 App.:1684(e).        Aug. 12, 1968, Pub. L.       
                                            90-481, 82 Stat. 720, Sec.  
                                            17(e); added Oct. 31, 1988, 
                                            Pub. L. 100-561, Sec.       
                                            301(c), 102 Stat. 2814.     
    --------------------------------------------------------------------

      In this section, references to fiscal years ending September 30,
    1980, 1981, and 1985-1992, are omitted as expired.
      In subsection (a), the words "(except sections 60107 and
    60114(b))" are substituted for "(other than provisions for which
    funds are authorized to be appropriated under subsection . . . (c)
    of this section or section 1687 of this Appendix)" to eliminate
    unnecessary words. The reference to subsection (b) is omitted as
    obsolete.
      In subsection (b), the words "(except sections 60107" are
    substituted for "(other than provisions for which funds are
    authorized to be appropriated under . . . section 1684(c) of this
    Appendix)" to eliminate unnecessary words. The words "subsection
    (b) of this section or" are omitted as obsolete. The reference to
    section 60114(b) of the revised title is added for clarity.
      In subsection (c)(1) and (2), the words "the Federal grants-in-
    aid provisions of" are omitted as surplus.
      In subsection (c)(3), the words "the amount of" are omitted as
    surplus. The word "program" is added for consistency in this
    chapter. The words "made to a State" are omitted as surplus.
      In subsection (e), the text of 49 App.:1684(a) (last sentence) is
    omitted as expired.
      In subsection (f)(5), the words "made available" are omitted as
    surplus.

                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-355, Sec. 22(a), reenacted
    heading without change and amended text generally. Prior to
    amendment, text read as follows: "To carry out this chapter (except
    for sections 60107 and 60114(b)) related to gas and hazardous
    liquid, there are authorized to be appropriated to the Department
    of Transportation - 
        "(1) $19,448,000 for fiscal year 1996;
        "(2) $20,028,000 for fiscal year 1997, of which $14,600,000 is
      to be derived from user fees for fiscal year 1997 collected under
      section 60301 of this title;
        "(3) $20,729,000 for fiscal year 1998, of which $15,100,000 is
      to be derived from user fees for fiscal year 1998 collected under
      section 60301 of this title;
        "(4) $21,442,000 for fiscal year 1999, of which $15,700,000 is
      to be derived from user fees for fiscal year 1999 collected under
      section 60301 of this title; and
        "(5) $22,194,000 for fiscal year 2000, of which $16,300,000 is
      to be derived from user fees for fiscal year 2000 collected under
      section 60301 of this title."
      Subsec. (b). Pub. L. 107-355, Sec. 22(b)(1), redesignated subsec.
    (c) as (b) and struck out former subsec. (b) which read as follows:
      "(b) Hazardous Liquid. - Not more than the following amounts may
    be appropriated to the Secretary to carry out this chapter (except
    sections 60107 and 60114(b)) related to hazardous liquid:
        "(1) $1,728,500 for the fiscal year ending September 30, 1993.
        "(2) $1,866,800 for the fiscal year ending September 30, 1994.
        "(3) $2,000,000 for the fiscal year ending September 30, 1995."
      Subsec. (b)(1). Pub. L. 107-355, Sec. 22(b)(2), added subpars.
    (A) to (D) and struck out former subpars. (A) to (H) which read as
    follows:
      "(A) $7,750,000 for the fiscal year ending September 30, 1993.
      "(B) $9,000,000 for the fiscal year ending September 30, 1994.
      "(C) $10,000,000 for the fiscal year ending September 30, 1995.
      "(D) $12,000,000 for fiscal year 1996.
      "(E) $14,000,000 for fiscal year 1997, of which $12,500,000 is to
    be derived from user fees for fiscal year 1997 collected under
    section 60301 of this title.
      "(F) $14,490,000 for fiscal year 1998, of which $12,900,000 is to
    be derived from user fees for fiscal year 1998 collected under
    section 60301 of this title.
      "(G) $15,000,000 for fiscal year 1999, of which $13,300,000 is to
    be derived from user fees for fiscal year 1999 collected under
    section 60301 of this title.
      "(H) $15,524,000 for fiscal year 2000, of which $13,700,000 is to
    be derived from user fees for fiscal year 2000 collected under
    section 60301 of this title."
      Subsec. (c). Pub. L. 107-355, Sec. 22(c), added subsec. (c).
    Former subsec. (c) redesignated (b).
      Subsec. (d). Pub. L. 107-355, Sec. 22(b)(1), (c), added subsec.
    (d) and struck out former subsec. (d) which read as follows:
      "(d) Grants for One-Call Notification Systems. - Not more than
    $_____ may be appropriated to the Secretary for the fiscal year
    ending September 30, 19_, to carry out section 60114(b) of this
    title. Amounts under this subsection remain available until
    expended."
      Subsec. (e). Pub. L. 107-355, Sec. 22(d), struck out "or (b) of
    this section" after "under subsection (a)".
      Subsec. (f). Pub. L. 107-355, Sec. 22(b)(1), struck out subsec.
    (f) which read as follows:
      "(f) Availability of Unused Amounts for Grants. - (1) The
    Secretary shall make available for grants to States amounts
    appropriated for each of the fiscal years that ended September 30,
    1986, and 1987, that have not been expended in making grants under
    section 60107 of this title.
      "(2) A grant under this subsection is available to a State that
    after December 31, 1987 - 
        "(A) undertakes a new responsibility under section 60105 of
      this title; or
        "(B) implements a one-call damage prevention program
      established under State law.
      "(3) This subsection does not authorize a State to receive more
    than 50 percent of its allowable pipeline safety costs from a grant
    under this chapter.
      "(4) A State may receive not more than $75,000 under this
    subsection.
      "(5) Amounts under this subsection remain available until
    expended."
      1996 - Subsec. (a). Pub. L. 104-304, Sec. 21(a)(1), added subsec.
    (a) and struck out former subsec. (a) which read as follows:
      "(a) Gas. - Not more than the following amounts may be
    appropriated to the Secretary of Transportation to carry out this
    chapter (except sections 60107 and 60114(b)) related to gas:
        "(1) $6,857,000 for the fiscal year ending September 30, 1993.
        "(2) $7,000,000 for the fiscal year ending September 30, 1994.
        "(3) $7,500,000 for the fiscal year ending September 30, 1995."
      Subsec. (c)(1). Pub. L. 104-304, Sec. 21(b), added subpars. (D)
    to (H).

-End-



-CITE-
    49 USC Sec. 60126                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60126. Risk management

-STATUTE-
      (a) Risk Management Program Demonstration Projects. - 
        (1) In general. - 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.

        (2) Exemptions. - 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.

      (b) Requirements. - 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).

      (c) Emergencies and Revocations. - 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.
      (d) Participation by State Authority. - 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.
      (e) Report. - 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.

-SOURCE-
    (Added Pub. L. 104-304, Sec. 5(a), Oct. 12, 1996, 110 Stat. 3798.)

-End-



-CITE-
    49 USC Sec. 60127                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60127. Population encroachment and rights-of-way

-STATUTE-
      (a) Study. - 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.
      (b) Purpose of Study. - The purpose of the study shall be to
    gather information on land use practices, zoning ordinances, and
    preservation of environmental resources - 
        (1) to determine effective practices to limit encroachment on
      existing pipeline rights-of-way;
        (2) to address and prevent the hazards and risks to the public,
      pipeline workers, and the environment associated with
      encroachment on pipeline rights-of-way;
        (3) to raise the awareness of the risks and hazards of
      encroachment on pipeline rights-of-way; and
        (4) to address how to best preserve environmental resources in
      conjunction with maintaining pipeline rights-of-way, recognizing
      pipeline operators' regulatory obligations to maintain rights-of-
      way and to protect public safety.

      (c) Considerations. - 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.

      (d) Report. - 
        (1) In general. - 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.
        (2) Distribution of report. - 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.

        (3) Adoption of practices, laws, and ordinances. - 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.

-SOURCE-
    (Added Pub. L. 104-304, Sec. 16(a), Oct. 12, 1996, 110 Stat. 3803;
    amended Pub. L. 107-355, Sec. 11(a), Dec. 17, 2002, 116 Stat.
    2996.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this subsection, referred to in subsec.
    (d)(1), is the date of enactment of Pub. L. 107-355, which was
    approved Dec. 17, 2002.


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-355 substituted "Population encroachment and
    rights-of-way" for "Population encroachment" in section catchline
    and amended text generally. Prior to amendment, text read as
    follows:
      "(a) Land Use Recommendations. - The Secretary of Transportation
    shall make available to an appropriate official of each State, as
    determined by the Secretary, the land use recommendations of the
    special report numbered 219 of the Transportation Research Board,
    entitled 'Pipelines and Public Safety'.
      "(b) Evaluation. - The Secretary shall - 
        "(1) evaluate the recommendations in the report referred to in
      subsection (a);
        "(2) determine to what extent the recommendations are being
      implemented;
        "(3) consider ways to improve the implementation of the
      recommendations; and
        "(4) consider other initiatives to further improve awareness of
      local planning and zoning entities regarding issues involved with
      population encroachment in proximity to the rights-of-way of any
      interstate gas pipeline facility or interstate hazardous liquid
      pipeline facility."

-End-



-CITE-
    49 USC Sec. 60128                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60128. Dumping within pipeline rights-of-way

-STATUTE-
      (a) Prohibition. - 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.
      (b) Definition. - For purposes of this section, the term "solid
    waste" has the meaning given that term in section 1004(27) of the
    Solid Waste Disposal Act (42 U.S.C. 6903(27)).

-SOURCE-
    (Added Pub. L. 104-304, Sec. 18(a), Oct. 12, 1996, 110 Stat. 3804.)

-End-



-CITE-
    49 USC Sec. 60129                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60129. Protection of employees providing pipeline safety
      information

-STATUTE-
      (a) Discrimination Against Employee. - 
        (1) In general. - No employer may discharge any employee or
      otherwise discriminate against any employee with respect to his
      compensation, terms, conditions, or privileges of employment
      because the employee (or any person acting pursuant to a request
      of the employee) - 
          (A) provided, caused to be provided, or is about to provide
        or cause to be provided, to the employer or the Federal
        Government information relating to any violation or alleged
        violation of any order, regulation, or standard under this
        chapter or any other Federal law relating to pipeline safety;
          (B) refused to engage in any practice made unlawful by this
        chapter or any other Federal law relating to pipeline safety,
        if the employee has identified the alleged illegality to the
        employer;
          (C) provided, caused to be provided, or is about to provide
        or cause to be provided, testimony before Congress or at any
        Federal or State proceeding regarding any provision (or
        proposed provision) of this chapter or any other Federal law
        relating to pipeline safety;
          (D) commenced, caused to be commenced, or is about to
        commence or cause to be commenced a proceeding under this
        chapter or any other Federal law relating to pipeline safety,
        or a proceeding for the administration or enforcement of any
        requirement imposed under this chapter or any other Federal law
        relating to pipeline safety;
          (E) provided, caused to be provided, or is about to provide
        or cause to be provided, testimony in any proceeding described
        in subparagraph (D); or
          (F) assisted or participated or is about to assist or
        participate in any manner in such a proceeding or in any other
        manner in such a proceeding or in any other action to carry out
        the purposes of this chapter or any other Federal law relating
        to pipeline safety.

        (2) Employer defined. - In this section, the term "employer"
      means - 
          (A) a person owning or operating a pipeline facility; or
          (B) a contractor or subcontractor of such a person.

      (b) Department of Labor Complaint Procedure. - 
        (1) Filing and notification. - 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).
        (2) Investigation; preliminary order. - 
          (A) In general. - 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.
          (B) Requirements. - 
            (i) Required showing by complainant. - 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.
            (ii) Showing by employer. - 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.
            (iii) Criteria for determination by Secretary. - 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.
            (iv) Prohibition. - Relief may not be ordered under
          subparagraph (A) 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.

        (3) Final order. - 
          (A) Deadline for issuance; settlement agreements. - 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.
          (B) Remedy. - 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.
          (C) Frivolous complaints. - 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.

        (4) Review. - 
          (A) Appeal to court of appeals. - 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.
          (B) Limitation on collateral attack. - 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.

        (5) Enforcement of order by secretary of labor. - 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.
        (6) Enforcement of order by parties. - 
          (A) Commencement of action. - A person on whose behalf an
        order was issued under paragraph (3) may commence a civil
        action against the person or persons to whom such order was
        issued to require compliance with such order. The appropriate
        United States district court shall have jurisdiction, without
        regard to the amount in controversy or the citizenship of the
        parties, to enforce such order.
          (B) Attorney fees. - The court, in issuing any final order
        under this paragraph, may award costs of litigation (including
        reasonable attorney and expert witness fees) to any party
        whenever the court determines such award of costs is
        appropriate.

      (c) Mandamus. - Any nondiscretionary duty imposed by this section
    shall be enforceable in a mandamus proceeding brought under section
    1361 of title 28, United States Code.
      (d) Nonapplicability To Deliberate Violations. - Subsection (a)
    shall not apply with respect to an action of an employee of an
    employer who, acting without direction from the employer (or such
    employer's agent), deliberately causes a violation of any
    requirement relating to pipeline safety under this chapter or any
    other law of the United States.

-SOURCE-
    (Added Pub. L. 107-355, Sec. 6(a), Dec. 17, 2002, 116 Stat. 2989.)

-End-



-CITE-
    49 USC Sec. 60130                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60130. Pipeline safety information grants to communities

-STATUTE-
      (a) Grant Authority. - 
        (1) In general. - The Secretary of Transportation may make
      grants for technical assistance to local communities 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.). The Secretary shall establish competitive procedures
      for awarding grants under this section and criteria for selecting
      grant recipients. The amount of any grant under this section may
      not exceed $50,000 for a single grant recipient. The Secretary
      shall establish appropriate procedures to ensure the proper use
      of funds provided under this section.
        (2) Technical assistance defined. - In this subsection, the
      term "technical assistance" means engineering and other
      scientific analysis of pipeline safety issues, including the
      promotion of public participation in official proceedings
      conducted under this chapter.

      (b) Prohibited Uses. - Funds provided under this section may not
    be used for lobbying or in direct support of litigation.
      (c) Annual Report. - 
        (1) In general. - Not later than 90 days after the last day of
      each fiscal year for which grants are made by the Secretary under
      this section, the Secretary shall report to the Committees on
      Commerce, Science, and Transportation and Energy and Natural
      Resources of the Senate and the Committees on Transportation and
      Infrastructure and Energy and Commerce of the House of
      Representatives on grants made under this section in the
      preceding fiscal year.
        (2) Contents. - The report shall include - 
          (A) a listing of the identity and location of each recipient
        of a grant under this section in the preceding fiscal year and
        the amount received by the recipient;
          (B) a description of the purpose for which each grant was
        made; and
          (C) a description of how each grant was used by the
        recipient.

      (d) Authorization of Appropriations. - There is authorized to be
    appropriated to the Secretary of Transportation for carrying out
    this section $1,000,000 for each of the fiscal years 2003 through
    2006. Such amounts shall not be derived from user fees collected
    under section 60301.

-SOURCE-
    (Added Pub. L. 107-355, Sec. 9(a), Dec. 17, 2002, 116 Stat. 2994.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 93-153, referred to in subsec. (a)(1), is Pub. L. 93-
    153, Nov. 16, 1973, 87 Stat. 576, as amended. Title II of the Act,
    known as the Trans-Alaska Pipeline Authorization Act, is classified
    generally to chapter 34 (Sec. 1651 et seq.) of Title 43, Public
    Lands. For complete classification of this Act to the Code, see
    Short Title note set out under section 1651 of Title 43 and Tables.

-End-



-CITE-
    49 USC Sec. 60131                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60131. Verification of pipeline qualification programs

-STATUTE-
      (a) In General. - 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.
      (b) Standards and Criteria. - 
        (1) Development. - 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).
        (2) Contents. - The standards and criteria shall include the
      following:
          (A) The establishment of methods for evaluating the
        acceptability of the qualifications of individuals described in
        subsection (a).
          (B) A requirement that pipeline operators develop and
        implement written plans and procedures to qualify individuals
        described in subsection (a) to a level found acceptable using
        the methods established under subparagraph (A) and evaluate the
        abilities of individuals described in subsection (a) according
        to such methods.
          (C) A requirement that the plans and procedures adopted by a
        pipeline operator under subparagraph (B) be reviewed and
        verified under subsection (e).

      (c) Development of Qualification Programs by Pipeline Operators. -
     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).
      (d) Elements of Qualification Programs. - A qualification program
    adopted by an operator under subsection (a) shall include, at a
    minimum, the following elements:
        (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.
        (2) A requirement that the operator complete the qualification
      of all individuals described in subsection (a) not later than 18
      months after the date of adoption of the qualification program.
        (3) A periodic requalification component that provides for
      examination or testing of individuals in accordance with
      paragraph (1).
        (4) A program to provide training, as appropriate, to ensure
      that individuals performing covered tasks have the necessary
      knowledge and skills to perform the tasks in a manner that
      ensures the safe operation of pipeline facilities.

      (e) Review and Verification of Programs. - 
        (1) In general. - 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.
        (2) Deadline for completion. - Reviews and verifications under
      this subsection shall be completed not later than 3 years after
      the date of the enactment of this section.
        (3) Inadequate programs. - 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.
        (4) Program modifications. - 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).
        (5) Waivers and modifications. - 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.
        (6) Inaction by the secretary. - 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.

      (f) Intrastate Pipeline Facilities. - 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.
      (g) Covered Task Defined. - In this section, the term "covered
    task" - 
        (1) with respect to a gas pipeline facility, has the meaning
      such term has under section 192.801 of title 49, Code of Federal
      Regulations, including any subsequent modifications; and
        (2) with respect to a hazardous liquid pipeline facility, has
      the meaning such term has under section 195.501 of such title,
      including any subsequent modifications.

      (h) Report. - 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.

-SOURCE-
    (Added Pub. L. 107-355, Sec. 13(a)(1), Dec. 17, 2002, 116 Stat.
    2999.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this section, referred to in subsecs.
    (b)(1), (c), (e)(2), (6), and (h), is the date of enactment of Pub.
    L. 107-355, which was approved Dec. 17, 2002.


-MISC1-
        PILOT PROGRAM FOR CERTIFICATION OF CERTAIN PIPELINE WORKERS    
      Pub. L. 107-355, Sec. 13(b), Dec. 17, 2002, 116 Stat. 3001,
    provided that:
      "(1) In general. - Not later than 36 months after the date of
    enactment of this Act [Dec. 17, 2002], the Secretary of
    Transportation shall - 
        "(A) develop tests and other requirements for certifying the
      qualifications of individuals who operate computer-based systems
      for controlling the operations of pipelines; and
        "(B) establish and carry out a pilot program for 3 pipeline
      facilities under which the individuals operating computer-based
      systems for controlling the operations of pipelines at such
      facilities are required to be certified under the process
      established under subparagraph (A).
      "(2) Report. - The Secretary shall include in the report required
    under section 60131(h) [of title 49], as added by subsection (a) of
    this section, the results of the pilot program. The report shall
    include - 
        "(A) a description of the pilot program and implementation of
      the pilot program at each of the 3 pipeline facilities;
        "(B) an evaluation of the pilot program, including the
      effectiveness of the process for certifying individuals who
      operate computer-based systems for controlling the operations of
      pipelines;
        "(C) any recommendations of the Secretary for requiring the
      certification of all individuals who operate computer-based
      systems for controlling the operations of pipelines; and
        "(D) an assessment of the ramifications of requiring the
      certification of other individuals performing safety-sensitive
      functions for a pipeline facility.
      "(3) Computer-based systems defined. - In this subsection, the
    term 'computer-based systems' means supervisory control and data
    acquisition systems."

-End-



-CITE-
    49 USC Sec. 60132                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60132. National pipeline mapping system

-STATUTE-
      (a) Information To Be Provided. - 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.

      (b) Updates. - 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.
      (c) Technical Assistance To Improve Local Response Capabilities. -
     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.

-SOURCE-
    (Added Pub. L. 107-355, Sec. 15(a), Dec. 17, 2002, 116 Stat. 3005.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this section, referred to in subsec.
    (a), is the date of enactment of Pub. L. 107-355, which was
    approved Dec. 17, 2002.

-End-



-CITE-
    49 USC Sec. 60133                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE VIII - PIPELINES
    CHAPTER 601 - SAFETY

-HEAD-
    Sec. 60133. Coordination of environmental reviews

-STATUTE-
      (a) Interagency Committee. - 
        (1) Establishment and purpose. - 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.
        (2) Membership. - The Chairman of the Council on Environmental
      Quality (or a designee of the Chairman) shall chair the
      Interagency Committee, which shall consist of representatives of
      Federal agencies with responsibilities relating to pipeline
      repair projects, including each of the following persons (or a
      designee thereof):
          (A) The Secretary of Transportation.
          (B) The Administrator of the Environmental Protection Agency.
          (C) The Director of the United States Fish and Wildlife
        Service.
          (D) The Assistant Administrator for Fisheries of the National
        Oceanic and Atmospheric Administration.
          (E) The Director of the Bureau of Land Management.
          (F) The Director of the Minerals Management Service.
          (G) The Assistant Secretary of the Army for Civil Works.
          (H) The Chairman of the Federal Energy Regulatory Commission.

        (3) Evaluation. - The Interagency Committee shall evaluate
      Federal permitting requirements to which access, excavation, and
      restoration activities in connection with pipeline repairs
      described in paragraph (1) may be subject. As part of its
      evaluation, the Interagency Committee shall examine the access,
      excavation, and restoration practices of the pipeline industry in
      connection with such pipeline repairs, and may develop a
      compendium of best practices used by the industry to access,
      excavate, and restore the site of a pipeline repair.
        (4) Memorandum of understanding. - 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.
        (5) State and local consultation. - In carrying out this
      subsection, the Interagency Committee shall consult with
      appropriate State and local environmental, pipeline safety, and
      emergency response officials, and such other officials as the
      Interagency Committee considers appropriate.

      (b) Implementation. - Not later than 180 days after the
    completion of the memorandum of understanding required under
    subsection (a)(4), each agency represented on the Interagency
    Committee shall revise its regulations as necessary to implement
    the provisions of the memorandum of understanding.
      (c) Savings Provisions; No Preemption. - Nothing in this section
    shall be construed - 
        (1) to require a pipeline operator to obtain a Federal permit,
      if no Federal permit would otherwise have been required under
      Federal law; or
        (2) to preempt applicable Federal, State, or local
      environmental law.

      (d) Interim Operational Alternatives. - 
        (1) In general. - 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.
        (2) Limitations. - 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.

      (e) Ombudsman. - 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.
      (f) State and Local Permitting Processes. - 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.

-SOURCE-
    (Added Pub. L. 107-355, Sec. 16(a), Dec. 17, 2002, 116 Stat. 3006.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this section, referred to in subsecs.
    (a)(1), (4) and (d)(1), is the date of enactment of Pub. L. 107-
    355, which was approved Dec. 17, 2002.

-End-