PUBLIC LAW 112–90—JAN. 3, 2012 

PIPELINE SAFETY, REGULATORY CERTAINTY, 

AND JOB CREATION ACT OF 2011 


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125 STAT. 1904 PUBLIC LAW 112–90—JAN. 3, 2012 

Public Law 112–90 

112th Congress 

An Act 

To amend title 49, United States Code, to provide for enhanced safety and environmental protection in pipeline transportation, to provide for enhanced reliability 

in the transportation of the Nation’s energy products by pipeline, and for other 

purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES 

CODE; DEFINITIONS; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Pipeline Safety, 

Regulatory Certainty, and Job Creation Act of 2011’’. 

(b) AMENDMENT OF TITLE 49, UNITED STATES CODE.—Except 

as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or 

a repeal of, a section or other provision, the reference shall be 

considered to be made to a section or other provision of title 49, 

United States Code. 

(c) DEFINITIONS.— 

(1) APPLICABILITY OF CHAPTER 601 DEFINITIONS.—In this 

Act, any term defined in chapter 601 of title 49, United States 

Code, has the meaning given that term in that chapter. 

(2) HIGH-CONSEQUENCE AREA.—In this Act, the term ‘‘highconsequence area’’ means an area described in section 60109(a) 

of title 49, United States Code. 

(d) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; amendment of title 49, United States Code; definitions; table of 

contents. 

Sec. 2. Civil penalties. 

Sec. 3. Pipeline damage prevention. 

Sec. 4. Automatic and remote-controlled shut-off valves. 

Sec. 5. Integrity management. 

Sec. 6. Public education and awareness. 

Sec. 7. Cast iron gas pipelines. 

Sec. 8. Leak detection. 

Sec. 9. Accident and incident notification. 

Sec. 10. Transportation-related onshore facility response plan compliance. 

Sec. 11. Pipeline infrastructure data collection. 

Sec. 12. Transportation-related oil flow lines. 

Sec. 13. Cost recovery for design reviews. 

Sec. 14. Biofuel pipelines. 

Sec. 15. Carbon dioxide pipelines. 

Sec. 16. Study of transportation of diluted bitumen. 

Sec. 17. Study of nonpetroleum hazardous liquids transported by pipeline. 

Sec. 18. Clarifications. 

Sec. 19. Maintenance of effort. 

Sec. 20. Administrative enforcement process. 

Sec. 21. Gas and hazardous liquid gathering lines. 

49 USC 60101 

note. 

49 USC 60101 

note. 

Pipeline Safety, 

Regulatory 

Certainty, and 

Job Creation Act 

of 2011. 

Jan. 3, 2012 

[H.R. 2845] 


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PUBLIC LAW 112–90—JAN. 3, 2012 125 STAT. 1905 

Sec. 22. Excess flow valves. 

Sec. 23. Maximum allowable operating pressure. 

Sec. 24. Limitation on incorporation of documents by reference. 

Sec. 25. Pipeline safety training for State and local government personnel. 

Sec. 26. Report on minority-owned, woman-owned, and disadvantaged businesses. 

Sec. 27. Report on pipeline projects. 

Sec. 28. Cover over buried pipelines. 

Sec. 29. Seismicity. 

Sec. 30. Tribal consultation for pipeline projects. 

Sec. 31. Pipeline inspection and enforcement needs. 

Sec. 32. Authorization of appropriations. 

SEC. 2. CIVIL PENALTIES. 

(a) GENERAL PENALTIES; PENALTY CONSIDERATIONS.—Section 

60122 is amended— 

(1) in subsection (a)(1)— 

(A) in the first sentence by striking ‘‘$100,000’’ and inserting ‘‘$200,000’’; and (B) in the last sentence by striking ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; and 

(2) in subsection (b)(1)(B) by striking ‘‘the ability to pay,’’. 

(b) OPERATOR ASSISTANCE IN INVESTIGATIONS.—Section 

60118(e) is amended to read as follows: 

‘‘(e) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 

‘‘(1) ASSISTANCE AND ACCESS.—If the Secretary or the 

National Transportation Safety Board investigates an accident 

or incident involving a pipeline facility, the operator of the 

facility shall— 

‘‘(A) make available to the Secretary or the Board 

all records and information that in any way pertain to 

the accident or incident, including integrity management 

plans and test results; and 

‘‘(B) afford all reasonable assistance in the investigation of the accident or incident. 

‘‘(2) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 

‘‘(A) IN GENERAL.—The Secretary may impose a civil 

penalty under section 60122 on a person who obstructs 

or prevents the Secretary from carrying out inspections 

or investigations under this chapter. 

‘‘(B) OBSTRUCTS DEFINED.— 

‘‘(i) IN GENERAL.—In this paragraph, the term 

‘obstructs’ includes actions that were known, or reasonably should have been known, to prevent, hinder, or 

impede an investigation without good cause. 

‘‘(ii) GOOD CAUSE.—In clause (i), the term ‘good 

cause’ may include actions such as restricting access 

to facilities that are not secure or safe for nonpipeline 

personnel or visitors.’’. 

(c) ADMINISTRATIVE PENALTY CAPS INAPPLICABLE.—Section 

60120(a)(1) is amended by adding at the end the following: ‘‘The 

maximum amount of civil penalties for administrative enforcement 

actions under section 60122 shall not apply to enforcement actions 

under this section.’’. 

(d) JUDICIAL REVIEW OF ADMINISTRATIVE ENFORCEMENT

ORDERS.—Section 60119(a) is amended— 

(1) in the subsection heading by striking ‘‘AND WAIVER

ORDERS’’ and inserting ‘‘, ORDERS, AND OTHER FINAL AGENCY

ACTIONS’’; and 

Records. 


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125 STAT. 1906 PUBLIC LAW 112–90—JAN. 3, 2012 

(2) by striking ‘‘about an application for a waiver under 

section 60118(c) or (d) of this title’’ and inserting ‘‘under this 

chapter’’. 

SEC. 3. PIPELINE DAMAGE PREVENTION. 

(a) MINIMUM STANDARDS FOR STATE ONE-CALL NOTIFICATION

PROGRAMS.—Section 6103(a) is amended to read as follows: 

‘‘(a) MINIMUM STANDARDS.— ‘‘(1) IN GENERAL.—In order to qualify for a grant under 

section 6106, a State one-call notification program, at a minimum, shall provide for— 

‘‘(A) appropriate participation by all underground 

facility operators, including all government operators; 

‘‘(B) appropriate participation by all excavators, 

including all government and contract excavators; and 

‘‘(C) flexible and effective enforcement under State law 

with respect to participation in, and use of, one-call notification systems. 

‘‘(2) EXEMPTIONS PROHIBITED.—In order to qualify for a 

grant under section 6106, a State one-call notification program 

may not exempt municipalities, State agencies, or their contractors from the one-call notification system requirements of the 

program.’’. 

(b) STATE DAMAGE PREVENTION PROGRAMS.—Section 60134(a) 

is amended— 

(1) in paragraph (1) by striking ‘‘and’’ after the semicolon; 

(2) in paragraph (2)(B) by striking ‘‘(b).’’ and inserting 

‘‘(b); and’’; and 

(3) by adding at the end the following: 

‘‘(3) does not provide any exemptions to municipalities, 

State agencies, or their contractors from the one-call notification 

system requirements of the program.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect 2 years after the date of enactment of this Act. 

(d) EXCAVATION DAMAGE.— (1) STUDY.—The Secretary of Transportation shall conduct 

a study on the impact of excavation damage on pipeline safety. 

(2) CONTENTS.—The study shall include— 

(A) an analysis of the frequency and severity of different types of excavation damage incidents; 

(B) an analysis of exemptions to the one-call notification system requirements in each State; 

(C) a comparison of exemptions to the one-call notification system requirements in each State to the types of 

excavation damage incidents in that State; and 

(D) an analysis of the potential safety benefits and 

adverse consequences of eliminating all exemptions for 

mechanized excavation from State one-call notification systems. 

(3) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee 

on Transportation and Infrastructure and the Committee on 

Energy and Commerce of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of 

the Senate a report on the results of the study. 

SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES. 

Section 60102 is amended— 

49 USC 6103 

note. 


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PUBLIC LAW 112–90—JAN. 3, 2012 125 STAT. 1907 

(1) by striking subsection (j)(3); and 

(2) by adding at the end the following: 

‘‘(n) AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES

FOR NEW TRANSMISSION PIPELINES.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date 

of enactment of this subsection, and after considering the factors specified in subsection (b)(2), the Secretary, if appropriate, 

shall require by regulation the use of automatic or remotecontrolled shut-off valves, or equivalent technology, where 

economically, technically, and operationally feasible on transmission pipeline facilities constructed or entirely replaced after 

the date on which the Secretary issues the final rule containing 

such requirement. 

‘‘(2) HIGH-CONSEQUENCE AREA STUDY.— ‘‘(A) STUDY.—The Comptroller General of the United 

States shall conduct a study on the ability of transmission 

pipeline facility operators to respond to a hazardous liquid 

or gas release from a pipeline segment located in a highconsequence area. 

‘‘(B) CONSIDERATIONS.—In conducting the study, the 

Comptroller General shall consider the swiftness of leak 

detection and pipeline shutdown capabilities, the location 

of the nearest response personnel, and the costs, risks, 

and benefits of installing automatic and remote-controlled 

shut-off valves. 

‘‘(C) REPORT.—Not later than 1 year after the date 

of enactment of this subsection, the Comptroller General 

shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce 

of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate a 

report on the results of the study.’’. 

SEC. 5. INTEGRITY MANAGEMENT. 

(a) EVALUATION.—Not later than 18 months after the date 

of enactment of this Act, the Secretary of Transportation shall 

evaluate— 

(1) whether integrity management system requirements, 

or elements thereof, should be expanded beyond high-consequence areas; and 

(2) with respect to gas transmission pipeline facilities, 

whether applying integrity management program requirements, 

or elements thereof, to additional areas would mitigate the 

need for class location requirements. 

(b) FACTORS.—In conducting the evaluation under subsection 

(a), the Secretary shall consider, at a minimum, the following: 

(1) The continuing priority to enhance protections for public 

safety. 

(2) The continuing importance of reducing risk in highconsequence areas. 

(3) The incremental costs of applying integrity management 

standards to pipelines outside of high-consequence areas where 

operators are already conducting assessments beyond what is 

required under chapter 601 of title 49, United States Code. 

(4) The need to undertake integrity management assessments and repairs in a manner that is achievable and sustainable, and that does not disrupt pipeline service. 

Deadline. 

49 USC 60109 

note. 

Deadline. 

Regulation. 


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125 STAT. 1908 PUBLIC LAW 112–90—JAN. 3, 2012 

(5) The options for phasing in the extension of integrity 

management requirements beyond high-consequence areas, 

including the most effective and efficient options for decreasing 

risks to an increasing number of people living or working 

in proximity to pipeline facilities. 

(6) The appropriateness of applying repair criteria, such 

as pressure reductions and special requirements for scheduling 

remediation, to areas that are not high-consequence areas. 

(c) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Secretary shall submit to the Committee on 

Transportation and Infrastructure and the Committee on Energy 

and Commerce of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate a report, 

based on the evaluation conducted under subsection (a), containing 

the Secretary’s analysis and findings regarding— 

(1) expansion of integrity management requirements, or 

elements thereof, beyond high-consequence areas; and 

(2) with respect to gas transmission pipeline facilities, 

whether applying the integrity management program requirements, or elements thereof, to additional areas would mitigate 

the need for class location requirements. 

(d) DATA REPORTING.—The Secretary shall collect any relevant 

data necessary to complete the evaluation required by subsection 

(a). 

(e) TECHNICAL CORRECTION.—Section 60109(c)(3)(B) is amended 

to read as follows: 

‘‘(B) Subject to paragraph (5), periodic reassessments 

of the facility, at a minimum of once every 7 calendar 

years, using methods described in subparagraph (A). The 

Secretary may extend such deadline for an additional 6 

months if the operator submits written notice to the Secretary with sufficient justification of the need for the extension.’’. 

(f) RULEMAKING REQUIREMENTS.— 

(1) REVIEW PERIOD DEFINED.—In this subsection, the term 

‘‘review period’’ means the period beginning on the date of 

enactment of this Act and ending on the earlier of— 

(A) the date that is 1 year after the date of completion 

of the report under subsection (c); or 

(B) the date that is 3 years after the date of enactment 

of this Act. 

(2) CONGRESSIONAL AUTHORITY.—In order to provide Congress the necessary time to review the results of the report 

required by subsection (c) and implement appropriate recommendations, the Secretary shall not, during the review 

period, issue final regulations described in paragraph (3)(B). 

(3) STANDARDS.— 

(A) FINDINGS.—As soon as practicable following the 

review period, the Secretary shall issue final regulations 

described in subparagraph (B), if the Secretary finds, in 

the report required under subsection (c), that— 

(i) integrity management system requirements, or 

elements thereof, should be expanded beyond highconsequence areas; and 

Notification. 

Deadline. 


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PUBLIC LAW 112–90—JAN. 3, 2012 125 STAT. 1909 

(ii) with respect to gas transmission pipeline facilities, applying integrity management program requirements, or elements thereof, to additional areas would 

mitigate the need for class location requirements. 

(B) REGULATIONS.—Regulations issued by the Secretary under subparagraph (A), if any, shall— 

(i) expand integrity management system requirements, or elements thereof, beyond high-consequence 

areas; and 

(ii) remove redundant class location requirements 

for gas transmission pipeline facilities that are regulated under an integrity management program adopted 

and implemented under section 60109(c)(2) of title 49, 

United States Code. 

(4) SAVINGS CLAUSE.— 

(A) IN GENERAL.—Notwithstanding any other provision 

of this subsection, the Secretary, during the review period, 

may issue final regulations described in paragraph (3)(B), 

if the Secretary determines that a condition that poses 

a risk to public safety, property, or the environment is 

present or an imminent hazard exists and that the regulations will address the risk or hazard. 

(B) IMMINENT HAZARD DEFINED.—In subparagraph (A), 

the term ‘‘imminent hazard’’ means the existence of a condition related to pipelines or pipeline operations that presents 

a substantial likelihood that death, serious illness, severe 

personal injury, or substantial endangerment to health, 

property, or the environment may occur. 

(g) REPORT TO CONGRESS ON RISK-BASED PIPELINE REASSESSMENT INTERVALS.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States 

shall evaluate— 

(1) whether risk-based reassessment intervals are a more 

effective alternative for managing risks to pipelines in highconsequence areas once baseline assessments are complete 

when compared to the reassessment interval specified in section 

60109(c)(3)(B) of title 49, United States Code; 

(2) the number of anomalies found in baseline assessments 

required under section 60109(c)(3)(A) of title 49, United States 

Code, as compared to the number of anomalies found in 

reassessments required under section 60109(c)(3)(B) of such 

title; and 

(3) the progress made in implementing the recommendations in GAO Report 06–945 and the current relevance of 

those recommendations that have not been implemented. 

SEC. 6. PUBLIC EDUCATION AND AWARENESS. 

(a) NATIONAL PIPELINE MAPPING SYSTEM.—Section 60132 is 

amended by adding at the end the following: 

‘‘(d) MAP OF HIGH-CONSEQUENCE AREAS.—The Secretary shall— 

‘‘(1) maintain, as part of the National Pipeline Mapping 

System, a map of designated high-consequence areas (as 

described in section 60109(a)) in which pipelines are required 

to meet integrity management program regulations, excluding 

any proprietary or sensitive security information; and 

‘‘(2) update the map biennially. 

Determination. 


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125 STAT. 1910 PUBLIC LAW 112–90—JAN. 3, 2012 

‘‘(e) PROGRAM TO PROMOTE AWARENESS OF NATIONAL PIPELINE

MAPPING SYSTEM.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop and implement 

a program promoting greater awareness of the existence of the 

National Pipeline Mapping System to State and local emergency 

responders and other interested parties. The program shall include 

guidance on how to use the National Pipeline Mapping System 

to locate pipelines in communities and local jurisdictions.’’. 

(b) INFORMATION TO EMERGENCY RESPONSE AGENCIES.— (1) GUIDANCE.—Not later than 18 months after the date 

of enactment of this Act, the Secretary shall issue guidance 

to owners and operators of pipeline facilities on the importance 

of providing system-specific information about their pipeline 

facilities to emergency response agencies of the communities 

and jurisdictions in which those facilities are located. 

(2) CONSULTATION.—Before issuing guidance under paragraph (1), the Secretary shall consult with owners and operators 

of pipeline facilities to determine the extent to which the owners 

and operators are already providing system-specific information 

about their pipeline facilities to emergency response agencies. 

(c) RESPONSE PLANS.— (1) IN GENERAL.—Chapter 601 is amended by adding at 

the end the following: 

‘‘§ 60138. Response plans 

‘‘(a) IN GENERAL.—The Secretary of Transportation shall— 

‘‘(1) maintain on file a copy of the most recent response 

plan (as defined in part 194 of title 49, Code of Federal Regulations) prepared by an owner or operator of a pipeline facility; 

and 

‘‘(2) provide upon written request to a person a copy of 

the plan, which may exclude, as the Secretary determines 

appropriate— 

‘‘(A) proprietary information; 

‘‘(B) security-sensitive information, including information described in section 1520.5(a) of title 49, Code of 

Federal Regulations; 

‘‘(C) specific response resources and tactical resource 

deployment plans; and 

‘‘(D) the specific amount and location of worst case 

discharges (as defined in part 194 of title 49, Code of 

Federal Regulations), including the process by which an 

owner or operator determines the worst case discharge. 

‘‘(b) RELATIONSHIP TO FOIA.—Nothing in this section may be 

construed to require disclosure of information or records that are 

exempt from disclosure under section 552 of title 5.’’. 

(2) CLERICAL AMENDMENT.—The analysis for chapter 601 

is amended by inserting after the item relating to section 60137 

the following: 

‘‘60138. Response plans.’’. 

SEC. 7. CAST IRON GAS PIPELINES. 

(a) FOLLOW-UP SURVEYS.—Section 60108(d) is amended by 

adding at the end the following: 

‘‘(4) Not later than December 31, 2012, and every 2 years 

thereafter, the Secretary shall conduct a follow-up survey to 

measure the progress that owners and operators of pipeline facilities 

Deadlines. 

Records. 

49 USC 60138. 

Deadline. 

49 USC 60132 

note. 

Guidance. 

Deadline. 


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PUBLIC LAW 112–90—JAN. 3, 2012 125 STAT. 1911 

have made in adopting and implementing their plans for the safe 

management and replacement of cast iron gas pipelines.’’. 

(b) STATUS REPORT.—Not later than December 31, 2013, the 

Secretary of Transportation shall transmit to the Committee on 

Transportation and Infrastructure and the Committee on Energy 

and Commerce of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate a report 

that— 

(1) identifies the total mileage of cast iron gas pipelines 

in the United States; and 

(2) evaluates the progress that owners and operators of 

pipeline facilities have made in implementing their plans for 

the safe management and replacement of cast iron gas pipelines. 

SEC. 8. LEAK DETECTION. 

(a) LEAK DETECTION REPORT.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Secretary of Transportation shall 

submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation 

and Infrastructure and the Committee on Energy and Commerce of the House of Representatives a report on leak detection 

systems utilized by operators of hazardous liquid pipeline facilities and transportation-related flow lines. 

(2) CONTENTS.—The report shall include— 

(A) an analysis of the technical limitations of current 

leak detection systems, including the ability of the systems 

to detect ruptures and small leaks that are ongoing or 

intermittent, and what can be done to foster development 

of better technologies; and 

(B) an analysis of the practicability of establishing 

technically, operationally, and economically feasible standards for the capability of such systems to detect leaks, 

and the safety benefits and adverse consequences of 

requiring operators to use leak detection systems. 

(b) RULEMAKING REQUIREMENTS.— 

(1) REVIEW PERIOD DEFINED.—In this subsection, the term 

‘‘review period’’ means the period beginning on the date of 

enactment of this Act and ending on the earlier of— 

(A) the date that is 1 year after the date of completion 

of the report under subsection (a); or 

(B) the date that is 2 years after the date of enactment 

of this Act. 

(2) CONGRESSIONAL AUTHORITY.—In order to provide Congress the necessary time to review the results of the report 

required by subsection (a) and implement appropriate recommendations, the Secretary, during the review period, shall 

not issue final regulations described in paragraph (3). 

(3) STANDARDS.—As soon as practicable following the 

review period, if the report required by subsection (a) finds 

that it is practicable to establish technically, operationally, 

and economically feasible standards for the capability of leak 

detection systems to detect leaks, the Secretary shall issue 

final regulations that— 

(A) require operators of hazardous liquid pipeline facilities to use leak detection systems where practicable; and 

49 USC 60108 

note. 


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125 STAT. 1912 PUBLIC LAW 112–90—JAN. 3, 2012 

(B) establish technically, operationally, and economically feasible standards for the capability of such systems 

to detect leaks. 

(4) SAVINGS CLAUSE.— (A) IN GENERAL.—Notwithstanding any other provision 

of this subsection, the Secretary, during the review period, 

may issue final regulations described in paragraph (3) if 

the Secretary determines that a condition that poses a 

risk to public safety, property, or the environment is 

present or an imminent hazard exists and that the regulations will address the risk or hazard. 

(B) IMMINENT HAZARD DEFINED.—In subparagraph (A), 

the term ‘‘imminent hazard’’ means the existence of a condition related to pipelines or pipeline operations that presents 

a substantial likelihood that death, serious illness, severe 

personal injury, or substantial endangerment to health, 

property, or the environment may occur. 

SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION. 

(a) REVISION OF REGULATIONS.—Not later than 18 months after 

the date of enactment of this Act, the Secretary of Transportation 

shall revise regulations issued under sections 191.5 and 195.52 

of title 49, Code of Federal Regulations, to establish specific time 

limits for telephonic or electronic notice of accidents and incidents 

involving pipeline facilities to the Secretary and the National 

Response Center. 

(b) MINIMUM REQUIREMENTS.—In revising the regulations, the 

Secretary, at a minimum, shall— 

(1) establish time limits for telephonic or electronic notification of an accident or incident to require such notification 

at the earliest practicable moment following confirmed discovery of an accident or incident and not later than 1 hour 

following the time of such confirmed discovery; 

(2) review procedures for owners and operators of pipeline 

facilities and the National Response Center to provide thorough 

and coordinated notification to all relevant State and local 

emergency response officials, including 911 emergency call centers, for the jurisdictions in which those pipeline facilities are 

located in the event of an accident or incident, and revise 

such procedures as appropriate; and 

(3) require such owners and operators to revise their initial 

telephonic or electronic notice to the Secretary and the National 

Response Center with an estimate of the amount of the product 

released, an estimate of the number of fatalities and injuries, 

if any, and any other information determined appropriate by 

the Secretary within 48 hours of the accident or incident, to 

the extent practicable. 

(c) UPDATING OF REPORTS.—After receiving revisions described 

in subsection (b)(3), the National Response Center shall update 

the initial report on an accident or incident instead of generating 

a new report. 

SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE 

PLAN COMPLIANCE. 

(a) IN GENERAL.—Subparagraphs (A) and (B) of section 

311(m)(2) of the Federal Water Pollution Control Act (33 U.S.C. 

1321(m)(2)) are each amended by striking ‘‘Administrator or’’ and 

inserting ‘‘Administrator, the Secretary of Transportation, or’’. 

49 USC 60117 

note. 

Determination. 


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PUBLIC LAW 112–90—JAN. 3, 2012 125 STAT. 1913 

(b) CONFORMING AMENDMENT.—Section 311(b)(6)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is 

amended by striking ‘‘operating or’’ and inserting ‘‘operating, the 

Secretary of Transportation, or’’. 

SEC. 11. PIPELINE INFRASTRUCTURE DATA COLLECTION. 

(a) IN GENERAL.—Section 60132(a) is amended by adding at 

the end the following: 

‘‘(4) Any other geospatial or technical data, including design 

and material specifications, that the Secretary determines are 

necessary to carry out the purposes of this section. The Secretary shall give reasonable notice to operators that the data 

are being requested.’’. 

(b) DISCLOSURE LIMITED TO FOIA REQUIREMENTS.—Section 

60132, as amended by this Act, is further amended by adding 

at the end the following: 

‘‘(f) PUBLIC DISCLOSURE LIMITED.—The Secretary may not disclose information collected pursuant to subsection (a) except to 

the extent permitted by section 552 of title 5.’’. 

SEC. 12. TRANSPORTATION-RELATED OIL FLOW LINES. 

Section 60102, as amended by this Act, is further amended 

by adding at the end the following: 

‘‘(o) TRANSPORTATION-RELATED OIL FLOW LINES.— 

‘‘(1) DATA COLLECTION.—The Secretary may collect 

geospatial or technical data on transportation-related oil flow 

lines, including unregulated transportation-related oil flow 

lines. 

‘‘(2) TRANSPORTATION-RELATED OIL FLOW LINE DEFINED.— 

In this subsection, the term ‘transportation-related oil flow 

line’ means a pipeline transporting oil off of the grounds of 

the well where it originated and across areas not owned by 

the producer, regardless of the extent to which the oil has 

been processed, if at all. 

‘‘(3) LIMITATION.—Nothing in this subsection authorizes the 

Secretary to prescribe standards for the movement of oil 

through production, refining, or manufacturing facilities or 

through oil production flow lines located on the grounds of 

wells.’’. 

SEC. 13. COST RECOVERY FOR DESIGN REVIEWS. 

(a) IN GENERAL.—Section 60117(n) is amended to read as follows: 

‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.— 

‘‘(1) IN GENERAL.— 

‘‘(A) REVIEW COSTS.—For any project described in 

subparagraph (B), if the Secretary conducts facility design 

safety reviews in connection with a proposal to construct, 

expand, or operate a gas or hazardous liquid pipeline 

facility or liquefied natural gas pipeline facility, including 

construction inspections and oversight, the Secretary may 

require the person proposing the project to pay the costs 

incurred by the Secretary relating to such reviews. If the 

Secretary exercises the cost recovery authority described 

in this paragraph, the Secretary shall prescribe a fee structure and assessment methodology that is based on the 

costs of providing these reviews and shall prescribe procedures to collect fees under this paragraph. The Secretary 

Fees. 

Assessment. 

Procedures. 


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125 STAT. 1914 PUBLIC LAW 112–90—JAN. 3, 2012 

may not collect design safety review fees under this paragraph and section 60301 for the same design safety review. 

‘‘(B) PROJECTS TO WHICH APPLICABLE.—Subparagraph 

(A) applies to any project that— 

‘‘(i) has design and construction costs totaling at least $2,500,000,000, as periodically adjusted by the 

Secretary to take into account increases in the Consumer Price Index for all-urban consumers published 

by the Department of Labor, based on— 

‘‘(I) the cost estimate provided to the Federal 

Energy Regulatory Commission in an application 

for a certificate of public convenience and necessity 

for a gas pipeline facility or an application for 

authorization for a liquefied natural gas pipeline 

facility; or 

‘‘(II) a good faith estimate developed by the 

person proposing a hazardous liquid pipeline 

facility and submitted to the Secretary; or 

‘‘(ii) uses new or novel technologies or design, as 

determined by the Secretary. 

‘‘(2) NOTIFICATION.—For any new pipeline facility construction project in which the Secretary will conduct design reviews, 

the person proposing the project shall notify the Secretary 

and provide the design specifications, construction plans and 

procedures, and related materials at least 120 days prior to 

the commencement of construction. To the maximum extent 

practicable, not later than 90 days after receiving such design 

specifications, construction plans and procedures, and related 

materials, the Secretary shall provide written comments, feedback, and guidance on the project. 

‘‘(3) PIPELINE SAFETY DESIGN REVIEW FUND.— 

‘‘(A) ESTABLISHMENT.—There is established a Pipeline 

Safety Design Review Fund in the Treasury of the United 

States. 

‘‘(B) DEPOSITS.—The Secretary shall deposit funds paid 

under this subsection into the Fund. 

‘‘(C) USE.—Amounts in the Fund shall be available 

to the Secretary, in amounts specified in appropriations 

Acts, to offset the costs of conducting facility design safety 

reviews under this subsection. 

‘‘(4) NO ADDITIONAL PERMITTING AUTHORITY.—Nothing in 

this subsection may be construed as authorizing the Secretary 

to require a person to obtain a permit before beginning design 

and construction in connection with a project described in paragraph (1)(B).’’. 

(b) GUIDANCE.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue guidance to clarify the meaning of the term ‘‘new or novel technologies 

or design’’ as used in section 60117(n)(1)(B)(ii) of title 49, United 

States Code, as amended by subsection (a) of this section. 

SEC. 14. BIOFUEL PIPELINES. 

Section 60101(a)(4) is amended— 

(1) in subparagraph (A) by striking ‘‘and’’ after the semicolon; 

(2) by redesignating subparagraph (B) as subparagraph 

(C); and 

Deadline. 

49 USC 60117 

note. 

Guidance. 

Deadlines. 

Plans. 

Procedures. 


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PUBLIC LAW 112–90—JAN. 3, 2012 125 STAT. 1915 

(3) by inserting after subparagraph (A) the following: 

‘‘(B) nonpetroleum fuel, including biofuel, that is flammable, toxic, or corrosive or would be harmful to the 

environment if released in significant quantities; and’’. 

SEC. 15. CARBON DIOXIDE PIPELINES. 

Section 60102(i) is amended— 

(1) by striking ‘‘The Secretary shall regulate’’ and inserting 

the following: 

‘‘(1) TRANSPORTATION IN LIQUID STATE.—The Secretary shall 

regulate’’. 

(2) by adding at the end the following new paragraph: 

‘‘(2) TRANSPORTATION IN GASEOUS STATE.— ‘‘(A) MINIMUM SAFETY STANDARDS.—The Secretary shall 

prescribe minimum safety standards for the transportation 

of carbon dioxide by pipeline in a gaseous state. 

‘‘(B) CONSIDERATIONS.—In establishing the standards, 

the Secretary shall consider whether applying the minimum safety standards in part 195 of title 49, Code of 

Federal Regulations, as in effect on the date of enactment 

of this paragraph, for the transportation of carbon dioxide 

in a liquid state to the transportation of carbon dioxide 

in a gaseous state would ensure safety. 

‘‘(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing 

in this subsection authorizes the Secretary to regulate piping 

or equipment used in the production, extraction, recovery, 

lifting, stabilization, separation, or treatment of carbon dioxide 

or the preparation of carbon dioxide for transportation by pipeline at production, refining, or manufacturing facilities.’’. 

SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITUMEN. 

Not later than 18 months after the date of enactment of this 

Act, the Secretary of Transportation shall complete a comprehensive 

review of hazardous liquid pipeline facility regulations to determine 

whether the regulations are sufficient to regulate pipeline facilities 

used for the transportation of diluted bitumen. In conducting the 

review, the Secretary shall conduct an analysis of whether any 

increase in the risk of a release exists for pipeline facilities transporting diluted bitumen. The Secretary shall report the results 

of the review to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Transportation 

and Infrastructure and the Committee on Energy and Commerce 

of the House of Representatives. 

SEC. 17. STUDY OF NONPETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY PIPELINE. 

The Secretary of Transportation may conduct an analysis of 

the transportation of nonpetroleum hazardous liquids by pipeline 

facility for the purpose of identifying the extent to which pipeline 

facilities are currently being used to transport nonpetroleum hazardous liquids, such as chlorine, from chemical production facilities 

across land areas not owned by the producer that are accessible 

to the public. The analysis should identify the extent to which 

the safety of the pipeline facilities is unregulated by the States 

and evaluate whether the transportation of such chemicals by pipeline facility across areas accessible to the public would present 

significant risks to public safety, property, or the environment in 

the absence of regulation. The results of the analysis shall be 

Reports. 

Deadline. 

Review. 

Determination. 


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125 STAT. 1916 PUBLIC LAW 112–90—JAN. 3, 2012 

made available to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Transportation 

and Infrastructure and the Committee on Energy and Commerce 

of the House of Representatives. 

SEC. 18. CLARIFICATIONS. 

(a) INSPECTION AND MAINTENANCE.—Section 60108(a)(1) is 

amended by striking ‘‘an intrastate’’ and inserting ‘‘a’’. 

(b) OWNER AND OPERATOR.—Section 60102(a)(2)(A) is amended 

by striking ‘‘owners and operators’’ and inserting ‘‘any or all of 

the owners or operators’’. 

SEC. 19. MAINTENANCE OF EFFORT. 

Section 60107(b) is amended by adding at the end the following: 

‘‘For each of fiscal years 2012 and 2013, the Secretary shall grant 

such a waiver to a State if the State can demonstrate an inability 

to maintain or increase the required funding share of its safety 

program at or above the level required by this subsection due 

to economic hardship in that State. For fiscal year 2014, and each 

fiscal year thereafter, the Secretary may grant such a waiver to 

a State if the State can make the demonstration described in 

the preceding sentence.’’. 

SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS. 

(a) ISSUANCE OF REGULATIONS.— 

(1) IN GENERAL.—Not later than 2 years after the date 

of enactment of this Act, the Secretary of Transportation shall 

issue regulations— 

(A) requiring hearings under sections 60112, 60117, 

60118, and 60122 of title 49, United States Code, to be 

convened before a presiding official; 

(B) providing the opportunity for any person requesting 

a hearing under section 60112, 60117, 60118, or 60122 

of such title to arrange for a transcript of the hearing, 

at the expense of the requesting person; 

(C) ensuring expedited review of any order issued 

pursuant to section 60112(e) of such title; 

(D) implementing a separation of functions between 

personnel involved with the investigation and prosecution 

of an enforcement case and advising the Secretary on 

findings and determinations; and 

(E) prohibiting ex-parte communication relevant to the 

question to be decided in such a case by parties to an 

investigation or hearing. 

(2) PRESIDING OFFICIAL.—The regulations issued under this 

subsection shall— 

(A) define the term ‘‘presiding official’’ to mean the 

person who conducts any hearing relating to civil penalty 

assessments, compliance orders, safety orders, or corrective 

action orders; and 

(B) require that the presiding official be an attorney 

on the staff of the Deputy Chief Counsel of the Pipeline 

and Hazardous Materials Safety Administration that is 

not engaged in investigative or prosecutorial functions, 

including the preparation of notices of probable violations, 

notices relating to civil penalty assessments, notices 

relating to compliance, or notices of proposed corrective 

actions. 

Definition. 

Deadline. 

49 USC 60117 

note. 

Waiver authority. 


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PUBLIC LAW 112–90—JAN. 3, 2012 125 STAT. 1917 

(3) EXPEDITED REVIEW.—The regulations issued under this 

subsection shall define the term ‘‘expedited review’’ for the 

purposes of paragraph (1)(C). 

(b) STANDARDS OF JUDICIAL REVIEW.—Section 60119(a) is 

amended by adding at the end the following new paragraph: 

‘‘(3) A judicial review of agency action under this section shall 

apply the standards of review established in section 706 of title 

5.’’. 

SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES. 

(a) REVIEW.—The Secretary of Transportation shall conduct 

a review of existing Federal and State regulations for gas and 

hazardous liquid gathering lines located onshore and offshore in 

the United States, including within the inlets of the Gulf of Mexico. 

(b) REPORT TO CONGRESS.— (1) IN GENERAL.—Not later than 2 years after the date 

of enactment of this Act, the Secretary shall submit to the 

Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review. 

(2) RECOMMENDATIONS.—The report shall include the Secretary’s recommendations with respect to— 

(A) the sufficiency of existing Federal and State laws 

and regulations to ensure the safety of gas and hazardous 

liquid gathering lines; 

(B) the economic impacts, technical practicability, and 

challenges of applying existing Federal regulations to gathering lines that are not currently subject to Federal regulation when compared to the public safety benefits; and 

(C) subject to a risk-based assessment, the need to 

modify or revoke existing exemptions from Federal regulation for gas and hazardous liquid gathering lines. 

(c) OFFSHORE GATHERING LINES.—Section 60108(c) is amended 

by adding at the end the following: 

‘‘(8) If, after reviewing existing Federal and State regulations 

for hazardous liquid gathering lines located offshore in the United 

States, including within the inlets of the Gulf of Mexico, the Secretary determines it is appropriate, the Secretary shall issue regulations, after notice and an opportunity for a hearing, subjecting 

offshore hazardous liquid gathering lines and hazardous liquid gathering lines located within the inlets of the Gulf of Mexico to the 

same standards and regulations as other hazardous liquid gathering 

lines. The regulations issued under this paragraph shall not apply 

to production pipelines or flow lines.’’. 

SEC. 22. EXCESS FLOW VALVES. 

Section 60109(e)(3) is amended— 

(1) by redesignating subparagraph (B) as subparagraph 

(C); and 

(2) by inserting after subparagraph (A) the following: 

‘‘(B) DISTRIBUTION BRANCH SERVICES, MULTIFAMILY

FACILITIES, AND SMALL COMMERCIAL FACILITIES.—Not later 

than 2 years after the date of enactment of the Pipeline 

Safety, Regulatory Certainty, and Job Creation Act of 2011, 

and after issuing a final report on the evaluation of the 

National Transportation Safety Board’s recommendation 

on excess flow valves in applications other than service 

Deadline. 

Reports. 

Regulations. 

Regulations. 

Notice. 

Hearings. 

Applicability. 


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125 STAT. 1918 PUBLIC LAW 112–90—JAN. 3, 2012 

lines serving one single family residence, the Secretary, 

if appropriate, shall by regulation require the use of excess 

flow valves, or equivalent technology, where economically, 

technically, and operationally feasible on new or entirely 

replaced distribution branch services, multifamily facilities, 

and small commercial facilities.’’. 

SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE. 

(a) IN GENERAL.—Chapter 601, as amended by this Act, is 

further amended by adding at the end the following: 

‘‘§ 60139. Maximum allowable operating pressure 

‘‘(a) VERIFICATION OF RECORDS.— 

‘‘(1) IN GENERAL.—The Secretary of Transportation shall 

require each owner or operator of a pipeline facility to conduct, 

not later than 6 months after the date of enactment of this 

section, a verification of the records of the owner or operator 

relating to the interstate and intrastate gas transmission pipelines of the owner or operator in class 3 and class 4 locations 

and class 1 and class 2 high-consequence areas. 

‘‘(2) PURPOSE.—The purpose of the verification shall be 

to ensure that the records accurately reflect the physical and 

operational characteristics of the pipelines described in paragraph (1) and confirm the established maximum allowable operating pressure of the pipelines. 

‘‘(3) ELEMENTS.—The verification process under this subsection shall include such elements as the Secretary considers 

appropriate. 

‘‘(b) REPORTING.— 

‘‘(1) DOCUMENTATION OF CERTAIN PIPELINES.—Not later 

than 18 months after the date of enactment of this section, 

each owner or operator of a pipeline facility shall identify 

and submit to the Secretary documentation relating to each 

pipeline segment of the owner or operator described in subsection (a)(1) for which the records of the owner or operator 

are insufficient to confirm the established maximum allowable 

operating pressure of the segment. 

‘‘(2) EXCEEDANCES OF MAXIMUM ALLOWABLE OPERATING

PRESSURE.—If there is an exceedance of the maximum allowable 

operating pressure with respect to a gas transmission pipeline 

of an owner or operator of a pipeline facility that exceeds 

the build-up allowed for operation of pressure-limiting or control 

devices, the owner or operator shall report the exceedance 

to the Secretary and appropriate State authorities on or before 

the 5th day following the date on which the exceedance occurs. 

‘‘(c) DETERMINATION OF MAXIMUM ALLOWABLE OPERATING PRESSURE.— 

‘‘(1) IN GENERAL.—In the case of a transmission line of 

an owner or operator of a pipeline facility identified under 

subsection (b)(1), the Secretary shall— 

‘‘(A) require the owner or operator to reconfirm a maximum allowable operating pressure as expeditiously as 

economically feasible; and 

‘‘(B) determine what actions are appropriate for the 

pipeline owner or operator to take to maintain safety until 

a maximum allowable operating pressure is confirmed. 

Deadline. 

Deadline. 

49 USC 60139. 


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PUBLIC LAW 112–90—JAN. 3, 2012 125 STAT. 1919 

‘‘(2) INTERIM ACTIONS.—In determining the actions for an 

owner or operator of a pipeline facility to take under paragraph 

(1)(B), the Secretary shall take into account potential consequences to public safety and the environment, potential 

impacts on pipeline system reliability and deliverability, and 

other factors, as appropriate. 

‘‘(d) TESTING REGULATIONS.— ‘‘(1) IN GENERAL.—Not later than 18 months after the date 

of enactment of this section, the Secretary shall issue regulations for conducting tests to confirm the material strength 

of previously untested natural gas transmission pipelines 

located in high-consequence areas and operating at a pressure 

greater than 30 percent of specified minimum yield strength. 

‘‘(2) CONSIDERATIONS.—In developing the regulations, the 

Secretary shall consider safety testing methodologies, including, 

at a minimum— 

‘‘(A) pressure testing; and 

‘‘(B) other alternative methods, including in-line inspections, determined by the Secretary to be of equal or greater 

effectiveness. 

‘‘(3) COMPLETION OF TESTING.—The Secretary, in consultation with the Chairman of the Federal Energy Regulatory 

Commission and State regulators, as appropriate, shall establish timeframes for the completion of such testing that take 

into account potential consequences to public safety and the 

environment and that minimize costs and service disruptions. 

‘‘(e) HIGH-CONSEQUENCE AREA DEFINED.—In this section, the 

term ‘high-consequence area’ means an area described in section 

60109(a).’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 601 is 

amended by inserting after the item relating to section 60138 the 

following: 

‘‘60139. Maximum allowable operating pressure.’’. 

SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS BY REFERENCE. 

Section 60102, as amended by this Act, is further amended 

by adding at the end the following: 

‘‘(p) LIMITATION ON INCORPORATION OF DOCUMENTS BY REFERENCE.—Beginning 1 year after the date of enactment of this 

subsection, the Secretary may not issue guidance or a regulation 

pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof 

are made available to the public, free of charge, on an Internet 

Web site.’’. 

SEC. 25. PIPELINE SAFETY TRAINING FOR STATE AND LOCAL GOVERNMENT PERSONNEL. 

(a) IN GENERAL.—To further the objectives of chapter 601 of 

title 49, United States Code, the Secretary of Transportation may 

provide the services of personnel from the Pipeline and Hazardous 

Materials Safety Administration to provide training for State and 

local government personnel at a pipeline safety training facility 

that is established and operated by an agency or instrumentality 

of the United States, a unit of State or local government, or an 

educational institution. 

(b) REIMBURSEMENTS FOR TRAINING EXPENDITURES.— 

49 USC 60117 

note. 

Effective date. 

Public 

information. 

Web posting. 

Timeframes. 

Deadline. 


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125 STAT. 1920 PUBLIC LAW 112–90—JAN. 3, 2012 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, the Secretary may require reimbursement from sources 

other than the Federal Government for all expenses incurred 

by the Secretary in providing training for State and local 

government personnel under subsection (a), including salaries, 

expenses, transportation for Pipeline and Hazardous Materials 

Safety Administration personnel, and the cost of training materials. 

(2) AUTHORIZATION OF APPROPRIATIONS.—Amounts collected 

as reimbursement under paragraph (1) are authorized to be 

appropriated for the purposes set forth in chapter 601 of title 

49, United States Code. 

SEC. 26. REPORT ON MINORITY-OWNED, WOMAN-OWNED, AND DISADVANTAGED BUSINESSES. 

Not later than 1 year after the date of enactment of this 

Act, the Comptroller General of the United States, based upon 

available information, shall submit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure and the Committee on Energy 

and Commerce of the House of Representatives a comprehensive 

report assessing the levels and types of participation and methods 

of facilitating the participation of minority-owned business enterprises, woman-owned business enterprises, and disadvantaged business enterprises in the construction and operation of pipeline facilities in the United States. 

SEC. 27. REPORT ON PIPELINE PROJECTS. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a comprehensive study regarding the process for obtaining 

Federal and State permits for projects to construct pipeline facilities. 

(b) EVALUATION.—In conducting the study, the Comptroller 

General shall evaluate how long it takes to issue permits for pipeline 

construction projects, the relationship between the States and the 

Federal Government in issuing such permits, and any recommendations from the States for improving the permitting process. 

(c) CONSULTATION.—In conducting the study, the Comptroller 

General shall consult with the Committee on Transportation and 

Infrastructure and the Committee on Energy and Commerce of 

the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate. 

(d) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Comptroller General shall submit to the Committee 

on Transportation and Infrastructure and the Committee on Energy 

and Commerce of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate a report 

on the results of the study. 

SEC. 28. COVER OVER BURIED PIPELINES. 

(a) IN GENERAL.—Chapter 601, as amended by this Act, is 

further amended by adding at the end the following: 

‘‘§ 60140. Cover over buried pipelines 

‘‘(a) HAZARDOUS LIQUID PIPELINE INCIDENTS INVOLVING BURIED

PIPELINES.— 

‘‘(1) STUDY.—The Secretary of Transportation shall conduct 

a study of hazardous liquid pipeline incidents at crossings 

of inland bodies of water with a width of at least 100 feet 

49 USC 60140. 


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PUBLIC LAW 112–90—JAN. 3, 2012 125 STAT. 1921 

from high water mark to high water mark to determine if 

the depth of cover over the buried pipeline was a factor in 

any accidental release of hazardous liquids. 

‘‘(2) REPORT.—Not later than 1 year after the date of enactment of this section, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee 

on Energy and Commerce of the House of Representatives 

and the Committee on Commerce, Science, and Transportation 

of the Senate a report on the results of the study. 

‘‘(b) ASSESSMENT OF CURRENT REQUIREMENTS FOR DEPTH OF

COVER OVER BURIED PIPELINES.— ‘‘(1) IN GENERAL.—If, following completion of the study 

under subsection (a), the Secretary finds that the depth of 

cover over buried pipelines is a contributing factor in the accidental release of hazardous liquids from the pipelines, the 

Secretary, not later than 1 year after the date of completion 

of the study, shall review and determine the sufficiency of 

current requirements for the depth of cover over buried pipelines. 

‘‘(2) LEGISLATIVE RECOMMENDATIONS.— 

‘‘(A) DEVELOPMENT.—If the Secretary determines under 

paragraph (1) that the current requirements for the depth 

of cover over buried pipelines are insufficient, the Secretary 

shall develop legislative recommendations for improving 

the safety of buried pipelines at crossings of inland bodies 

of water with a width of at least 100 feet from high water 

mark to high water mark. 

‘‘(B) CONSIDERATION OF FACTORS.—In developing legislative recommendations under subparagraph (A), the Secretary shall consider the factors specified in section 

60102(b)(2). 

‘‘(C) REPORT TO CONGRESS.—If the Secretary develops 

legislative recommendations under subparagraph (A), the 

Secretary shall submit to the committees referred to in 

subsection (a)(2) a report containing the legislative recommendations.’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 601 is 

amended by inserting after the item relating to section 60139 the 

following: 

‘‘60140. Cover over buried pipelines.’’. 

SEC. 29. SEISMICITY. 

In identifying and evaluating all potential threats to each pipeline segment pursuant to parts 192 and 195 of title 49, Code 

of Federal Regulations, an operator of a pipeline facility shall consider the seismicity of the area. 

SEC. 30. TRIBAL CONSULTATION FOR PIPELINE PROJECTS. 

Not later than 1 year after the date of enactment of this 

Act, the Secretary of Transportation shall develop and implement 

a protocol for consulting with Indian tribes to provide technical 

assistance for the regulation of pipelines that are under the jurisdiction of Indian tribes. 

SEC. 31. PIPELINE INSPECTION AND ENFORCEMENT NEEDS. 

(a) INSPECTION AND ENFORCEMENT NEEDS.—Not later than 12 

months after the date of enactment of this Act, the Secretary 

Deadline. 

Reports. 

Deadline. 

Protocol. 

49 USC 60117 

note. 

49 USC 60109 

note. 

Deadline. 

Review. 

Determination. 


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125 STAT. 1922 PUBLIC LAW 112–90—JAN. 3, 2012 

of Transportation shall submit to the Committee on Transportation 

and Infrastructure and the Committee on Energy and Commerce 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report that provides 

information on— 

(1) the total number of full-time equivalent positions for 

pipeline inspection and enforcement personnel at the Pipeline 

and Hazardous Materials Safety Administration; 

(2) out of the total number of such positions, how many 

of the positions are not filled and the reasons why the positions 

are not filled; 

(3) the actions the Administrator of the Pipeline and Hazardous Materials Safety Administration is taking to fill the 

positions; and 

(4) any additional inspection and enforcement resource 

needs of the Pipeline and Hazardous Materials Safety Administration. 

(b) STAFFING.—Subject to the availability of funds, the Secretary may increase the number of positions for pipeline inspection 

and enforcement personnel at the Pipeline and Hazardous Materials 

Safety Administration by 10 full-time equivalent employees, if— 

(1) on or before September 30, 2014, the Secretary fills 

the 135 full-time equivalent positions for pipeline inspection 

and enforcement personnel specified in section 18(e) of the 

Pipeline Inspection, Protection, Enforcement, and Safety Act 

of 2006 (120 Stat. 3498); and 

(2) in preparing the report under subsection (a), the Secretary finds that additional pipeline inspection and enforcement 

personnel are necessary. 

SEC. 32. AUTHORIZATION OF APPROPRIATIONS. 

(a) GAS AND HAZARDOUS LIQUID.—Section 60125(a) is amended 

to read as follows: 

‘‘(a) GAS AND HAZARDOUS LIQUID.— 

‘‘(1) IN GENERAL.—To carry out the provisions of this 

chapter related to gas and hazardous liquid and section 12 

of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 

60101 note; Public Law 107–355), there is authorized to be 

appropriated to the Department of Transportation for each 

of fiscal years 2012 through 2015, from fees collected under 

section 60301, $90,679,000, of which $4,746,000 is for carrying 

out such section 12 and $36,194,000 is for making grants. 

‘‘(2) TRUST FUND AMOUNTS.—In addition to the amounts 

authorized to be appropriated by paragraph (1), there is authorized to be appropriated for each of fiscal years 2012 through 

2015 from the Oil Spill Liability Trust Fund to carry out 

the provisions of this chapter related to hazardous liquid and 

section 12 of the Pipeline Safety Improvement Act of 2002 

(49 U.S.C. 60101 note; Public Law 107–355), $18,573,000, of 

which $2,174,000 is for carrying out such section 12 and 

$4,558,000 is for making grants.’’. 

(b) EMERGENCY RESPONSE GRANTS.—Section 60125(b)(2) is 

amended by striking ‘‘2007 through 2010’’ and inserting ‘‘2012 

through 2015’’. 

(c) ONE-CALL NOTIFICATION PROGRAMS.—Section 6107 is 

amended— 


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(1) in subsection (a) by striking ‘‘2007 through 2010.’’ and 

inserting ‘‘2012 through 2015.’’; 

(2) in subsection (b) by striking ‘‘2007 through 2010.’’ and 

inserting ‘‘2012 through 2015.’’; and 

(3) by striking subsection (c). 

(d) STATE DAMAGE PREVENTION PROGRAMS.—Section 60134 is 

amended by adding at the end the following: 

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary to provide grants under this 

section $1,500,000 for each of fiscal years 2012 through 2015. Such 

funds shall remain available until expended.’’. 

(e) COMMUNITY PIPELINE SAFETY INFORMATION GRANTS.—Section 60130 is amended— 

(1) in subsection (a)(1) by striking ‘‘$50,000’’ and inserting 

‘‘$100,000’’; 

(2) in subsection (b)— 

(A) by inserting ‘‘to grant recipients and their contractors’’ after ‘‘this section’’; and 

(B) by inserting ‘‘, for direct advocacy for or against 

a pipeline construction or expansion project,’’ after ‘‘for 

lobbying’’; and 

(3) in subsection (d) by striking ‘‘$1,000,000 for each of 

the fiscal years 2003 through 2010’’ and inserting ‘‘$1,500,000 

for each of fiscal years 2012 through 2015’’. 

(f) PIPELINE TRANSPORTATION RESEARCH AND DEVELOPMENT.— 

Section 12 of the Pipeline Safety Improvement Act of 2002 (49 

U.S.C. 60101 note) is amended— 

(1) in subsection (d) by adding at the end the following: 

‘‘(3) ONGOING PIPELINE TRANSPORTATION RESEARCH AND

DEVELOPMENT.— 

‘‘(A) IN GENERAL.—After the initial 5-year program plan 

has been carried out by the participating agencies, the 

Secretary of Transportation, in coordination with the 

Director of the National Institute of Standards and Technology, as appropriate, shall prepare a research and 

development program plan every 5 years thereafter and 

shall transmit a report to Congress on the status and 

results-to-date of implementation of the program every 2 

years. The biennial report shall include a summary of 

updated research needs and priorities identified through 

the consultation requirements of paragraph (2). 

‘‘(B) CONSULTATION.—The Secretary shall comply with 

the consultation requirements of paragraph (2) when preparing the program plan and in the selection and 

prioritization of research and development projects. 

‘‘(C) FUNDING FROM NON-FEDERAL SOURCES.—The Secretary shall ensure at least 30 percent of the costs of 

program-wide research and development activities are carried out using non-Federal sources.’’. 

Plans. 

Deadlines. 

Reports. 


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125 STAT. 1924 PUBLIC LAW 112–90—JAN. 3, 2012 

LEGISLATIVE HISTORY—H.R. 2845: 

HOUSE REPORTS: No. 112–297, Pt. 1 (Comm. on Transportation and Infrastructure). 

CONGRESSIONAL RECORD, Vol. 157 (2011): 

Dec. 12, considered and passed House. 

Dec. 13, considered and passed Senate. 

Æ 

(2) in subsection (f) by striking ‘‘2003 through 2006.’’ and 

inserting ‘‘2012 through 2015.’’. 

Approved January 3, 2012. 


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