to gas pipeline facilities that is in effect on the day 
before the date of enactment of the PIPES Act of 
2016. 
‘‘(2) LIMITATIONS.—Nothing in this section may 
be construed to authorize the Secretary— 
‘‘(A) to prescribe the location of an under-
ground natural gas storage facility; or 
‘‘(B) to require the Secretary’s permission 
to construct a facility referred to in subpara-
graph (A). 
‘‘(d) PREEMPTION.—A State authority may adopt ad-
ditional or more stringent safety standards for intrastate 
underground natural gas storage facilities if such standards 
are compatible with the minimum standards prescribed 
under this section.’’. 
(c) USER FEES.—Chapter 603 of title 49, United 
States Code, is amended by inserting after section 60301 
the following: 
‘‘§ 60302. User fees for underground natural gas stor-
age facilities 
‘‘(a) IN GENERAL.—A fee shall be imposed on an enti-
ty operating an underground natural gas storage facility 
pursuant to section 60141. Any such fee imposed shall be 
collected before the end of the fiscal year to which it applies. 
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‘‘(b) MEANS
OF
COLLECTION.—The Secretary of 
Transportation shall prescribe procedures to collect fees 
under this section. The Secretary may use a department, 
agency, or instrumentality of the United States Government 
or of a State or local government to collect the fee and may 
reimburse the department, agency, or instrumentality a 
reasonable amount for its services. 
‘‘(c) USE OF FEES.— 
‘‘(1) ACCOUNT.—There is established an Under-
ground Natural Gas Storage Facility Safety Account 
in the Pipeline Safety Fund established in the Treas-
ury of the United States under section 60301. 
‘‘(2) USE OF FEES.—A fee collected under this 
section— 
‘‘(A) shall be deposited in the Underground 
Natural Gas Storage Facility Safety Account; 
and 
‘‘(B) if the fee is related to an underground 
natural gas storage facility pursuant to section 
60141, the amount of the fee may be used only 
for an activity related to underground natural 
gas storage safety. 
‘‘(3) LIMITATION.—Amounts collected under this 
section shall be made available only to the extent pro-
vided in advance in an appropriations Act for an ac-
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tivity related to underground natural gas storage 
safety.’’. 
(d) CLERICAL AMENDMENTS.— 
(1) CHAPTER
601.—The table of sections for 
chapter 601 of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘60141. Standards for underground natural gas storage facilities.’’. 
(2) CHAPTER
603.—The table of sections for 
chapter 603 of title 49, United States Code, is amend-
ed by inserting after the item relating to section 
60301 the following: 
‘‘60302. User fees for underground natural gas storage facilities.’’. 
SEC. 13. JOINT INSPECTION AND OVERSIGHT. 
Section 60105 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(g) JOINT INSPECTORS.—At the request of a State au-
thority, the Secretary shall allow for a certified State au-
thority under this section to participate in the inspection 
of an interstate pipeline facility.’’. 
SEC. 14. SAFETY DATA SHEETS. 
(a) IN GENERAL.—Each owner or operator of a haz-
ardous liquid pipeline facility, following an accident or in-
cident involving such pipeline facility, shall provide safety 
data sheets on any spilled oil to the designated Federal On- 
Scene Coordinator and appropriate State officials within 
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6 hours of a telephonic or electronic notice of the accident 
or incident to the National Response Center. 
(b) DEFINITIONS.—In this section: 
(1) FEDERAL
ON-SCENE
COORDINATOR.—The 
term ‘‘Federal On-Scene Coordinator’’ has the mean-
ing given such term in section 311(a) of the Federal 
Water Pollution Control Act (33 U.S.C. 1321(a)). 
(2) NATIONAL
RESPONSE
CENTER.—The term 
‘‘National Response Center’’ means the center de-
scribed under section 300.125(a) of title 40, Code of 
Federal Regulations. 
(3) SAFETY
DATA
SHEET.—The term ‘‘safety 
data sheet’’ means a safety data sheet required under 
section 1910.1200 of title 29, Code of Federal Regula-
tions. 
SEC. 15. HAZARDOUS MATERIALS IDENTIFICATION NUM-
BERS. 
Not later than 90 days after the date of enactment of 
this Act, the Secretary of Transportation shall issue an ad-
vanced notice of proposed rulemaking to take public com-
ment on the petition for rulemaking dated October 28, 2015, 
titled ‘‘Corrections to Title 49 C.F.R. §172.336 Identifica-
tion numbers; special provisions’’ (P–1667). 
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SEC. 16. EMERGENCY ORDER AUTHORITY. 
Section 60117 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(o) EMERGENCY ORDER AUTHORITY.— 
‘‘(1) IN GENERAL.—If the Secretary determines 
that an unsafe condition or practice, or a combina-
tion of unsafe conditions and practices, constitutes or 
is causing an imminent hazard, the Secretary may 
issue an emergency order described in paragraph (3) 
imposing emergency restrictions, prohibitions, and 
safety measures on owners and operators of gas or 
hazardous liquid pipeline facilities without prior no-
tice or an opportunity for a hearing, but only to the 
extent necessary to abate the imminent hazard. 
‘‘(2) CONSIDERATIONS.—Before issuing an emer-
gency order under paragraph (1), the Secretary shall 
consider, after consultation with appropriate Federal 
agencies, State agencies, or other entities, the fol-
lowing, as appropriate: 
‘‘(A) The impact of the emergency order on 
public health and safety. 
‘‘(B) The impact, if any, of the emergency 
order on the national or regional economy or na-
tional security. 
‘‘(C) The impact of the emergency order on 
owners and operators of pipeline facilities. 
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‘‘(3) WRITTEN
ORDER.—An emergency order 
issued by the Secretary pursuant to paragraph (1) 
with respect to an imminent hazard shall contain a 
written description of— 
‘‘(A) the violation, condition, or practice 
that constitutes or is causing the imminent haz-
ard; 
‘‘(B) the entities subject to the order; 
‘‘(C) the restrictions, prohibitions, or safety 
measures imposed; 
‘‘(D) the standards and procedures for ob-
taining relief from the order; 
‘‘(E) how the order is tailored to abate the 
imminent hazard and the reasons the authorities 
under section 60112 and 60117(l) are insuffi-
cient to do so; and 
‘‘(F) how the considerations were taken into 
account pursuant to subsection (2). 
‘‘(4) OPPORTUNITY FOR REVIEW.—Upon receipt 
of a petition for review from an entity subject to, and 
adversely affected by, an emergency order issued 
under this subsection, the Secretary shall provide an 
opportunity for a review of the order under section 
554 of title 5 to determine whether the order should 
remain in effect, be modified, or be terminated. 
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‘‘(5) EXPIRATION OF EFFECTIVENESS ORDER.— 
If a petition for review of an emergency order is filed 
under paragraph (4) and an agency decision with re-
spect to the petition is not issued on or before the last 
day of the 30-day period beginning on the date on 
which the petition is filed, the order shall cease to be 
effective on such day, unless the Secretary determines 
in writing on or before the last day of such period 
that the imminent hazard still exists. 
‘‘(6) JUDICIAL
REVIEW
OF
ORDERS.—After a 
final agency action under the review process described 
in paragraph (4), or the issuance of a written deter-
mination by the Secretary pursuant to paragraph 
(5), an entity subject to, and adversely affected by, an 
emergency order issued under this subsection may 
seek judicial review of the order in a district court of 
the United States and shall be given expedited consid-
eration. 
‘‘(7) REGULATIONS.— 
‘‘(A) TEMPORARY REGULATIONS.—Not later 
than 60 days after the date of enactment of the 
PIPES Act of 2016, the Secretary shall issue 
such temporary regulations as are necessary to 
carry out this subsection. The temporary regula-
tions shall expire on the date of issuance of the 
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final regulations required under subparagraph 
(B). 
‘‘(B) FINAL REGULATIONS.—Not later than 
270 days after such date of enactment, the Sec-
retary shall issue such regulations as are nec-
essary to carry out this subsection. Such regula-
tions shall ensure that the review process de-
scribed in paragraph (4) contains the same pro-
cedures as subsections (d) and (g) of section 
109.19 of title 49, Code of Federal Regulations, 
and is otherwise consistent with the review proc-
ess developed under such section, to the greatest 
extent practicable and not inconsistent with this 
section. 
‘‘(8) IMMINENT HAZARD DEFINED.—In this sub-
section, the term ‘imminent hazard’ means the exist-
ence of a condition relating to a gas or hazardous liq-
uid pipeline facility that presents a substantial likeli-
hood that death, serious illness, severe personal in-
jury, or a substantial endangerment to health, prop-
erty, or the environment may occur before the reason-
ably foreseeable completion date of a formal pro-
ceeding begun to lessen the risk of such death, illness, 
injury, or endangerment. 
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‘‘(9) LIMITATION
AND
SAVINGS
CLAUSE.—An 
emergency order issued under this subsection may not 
be construed to— 
‘‘(A) alter, amend, or limit the Secretary’s 
obligations under, or the applicability of, section 
553 of title 5; or 
‘‘(B) provide the authority to amend the 
Code of Federal Regulations.’’. 
SEC. 17. STATE GRANT FUNDS. 
(a) PAYMENTS.—Section 60107(b) of title 49, United 
States Code, is amended to read as follows: 
‘‘(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, unless the Secretary waives the 
requirement to provide such remaining costs.’’. 
(b) REPURPOSING
OF
FUNDS.—Section 60107 is 
amended by adding at the end the following: 
‘‘(e) REPURPOSING OF FUNDS.—If a State program’s 
certification is rejected under section 60105(f) or such pro-
gram is otherwise suspended or interrupted, the Secretary 
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may use any undistributed, deobligated, or recovered funds 
authorized under this section to carry out pipeline safety 
activities for that State within the period of availability 
for such funds.’’. 
SEC. 18. RESPONSE PLANS. 
Each owner or operator of a hazardous liquid pipeline 
facility required to prepare a response plan pursuant to 
part 194 of title 49, Code of Federal Regulations, shall con-
sider the impact of a discharge into or on navigable waters 
or adjoining shorelines, including those that may be covered 
in whole or in part by ice. 
SEC. 19. HIGH CONSEQUENCE AREAS. 
The Secretary of Transportation shall revise section 
195.6(b) of title 49, Code of Federal Regulations, to explic-
itly state that the Great Lakes and any marine coastal 
waters (including coastal estuaries) are USA ecological re-
sources for purposes of determining whether a pipeline is 
in a high consequence area (as defined in section 195.450 
of such title). 
SEC. 
20. 
PIPELINE 
SAFETY 
TECHNICAL 
ASSISTANCE 
GRANTS. 
(a) PUBLIC
PARTICIPATION
LIMITATION.—Section 
60130(a)(4) of title 49, United States Code, is amended by 
inserting ‘‘on technical pipeline safety issues’’ after ‘‘public 
participation’’. 
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(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Inspector General of the De-
partment of Transportation shall submit to the Secretary 
of Transportation and the Committee on Transportation 
and Infrastructure and the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a report evaluating the grant program under section 60130 
of title 49, United States Code. The report shall include— 
(1) a list of the recipients of all grant funds dur-
ing fiscal years 2010 through 2015; 
(2) a description of how each grant was used; 
(3) an analysis of the compliance with the terms 
of grant agreements, including subsections (a) and (b) 
of such section; 
(4) an evaluation of the competitive process used 
to award the grant funds; and 
(5) an evaluation of— 
(A) the ability of the Pipeline and Haz-
ardous Materials Safety Administration to over-
see grant funds and usage; and 
(B) the procedures used for such oversight. 
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