655
that the Secretary of Transportation considers appropriate, the Secretary
shall by regulation—
(1) establish a single system of measuring noise that—
(A) has a highly reliable relationship between projected noise ex-
posure and surveyed reactions of individuals to noise; and
(B) is applied uniformly in measuring noise at airports and the
surrounding area;
(2) establish a single system for determining the exposure of individ-
uals to noise resulting from airport operations, including noise inten-
sity, duration, frequency, and time of occurrence; and
(3) identify land uses normally compatible with various exposures of
individuals to noise.
§ 47503. Noise exposure maps
(a) SUBMISSION AND PREPARATION.—An airport operator may submit to
the Secretary of Transportation a noise exposure map showing the
noncompatible uses in each area of the map on the date the map is submit-
ted, a description of estimated aircraft operations during 1985, and how
those operations will affect the map. The map shall—
(1) be prepared in consultation with public agencies and planning
authorities in the area surrounding the airport; and
(2) comply with regulations prescribed under section 47502 of this
title.
(b) REVISED MAPS.—If a change in the operation of an airport will es-
tablish a substantial new noncompatible use in an area surrounding the air-
port, the airport operator shall submit a revised noise exposure map to the
Secretary showing the new noncompatible use.
§ 47504. Noise compatibility programs
(a) SUBMISSIONS.—(1) An airport operator that submitted a noise expo-
sure map and related information under section 47503(a) of this title may
submit a noise compatibility program to the Secretary of Transportation
after—
(A) consulting with public agencies and planning authorities in the
area surrounding the airport, United States Government officials hav-
ing local responsibility for the airport, and air carriers using the air-
port; and
(B) notice and an opportunity for a public hearing.
(2) A program submitted under paragraph (1) of this subsection shall
state the measures the operator has taken or proposes to take to reduce ex-
isting noncompatible uses and prevent introducing additional noncompatible
uses in the area covered by the map. The measures may include—
(A) establishing a preferential runway system;
656
(B) restricting the use of the airport by a type or class of aircraft
because of the noise characteristics of the aircraft;
(C) constructing barriers and acoustical shielding and soundproofing
public buildings;
(D) using flight procedures to control the operation of aircraft to re-
duce exposure of individuals to noise in the area surrounding the air-
port; and
(E) acquiring land, air rights, easements, development rights, and
other interests to ensure that the property will be used in ways compat-
ible with airport operations.
(b) APPROVALS.—(1) The Secretary shall approve or disapprove a pro-
gram submitted under subsection (a) of this section (except as the program
is related to flight procedures referred to in subsection (a)(2)(D) of this sec-
tion) not later than 180 days after receiving it. The Secretary shall approve
the program (except as the program is related to flight procedures referred
to in subsection (a)(2)(D)) if the program—
(A) does not place an unreasonable burden on interstate or foreign
commerce;
(B) is reasonably consistent with achieving the goal of reducing
noncompatible uses and preventing the introduction of additional
noncompatible uses; and
(C) provides for necessary revisions because of a revised map submit-
ted under section 47503(b) of this title.
(2) A program (except as the program is related to flight procedures re-
ferred to in subsection (a)(2)(D) of this section) is deemed to be approved
if the Secretary does not act within the 180-day period.
(3) The Secretary shall submit any part of a program related to flight
procedures referred to in subsection (a)(2)(D) of this section to the Admin-
istrator of the Federal Aviation Administration. The Administrator shall ap-
prove or disapprove that part of the program.
(c) GRANTS.—(1) The Secretary may incur obligations to make grants
from amounts available under section 48103 of this title to carry out a
project under a part of a noise compatibility program approved under sub-
section (b) of this section. A grant may be made to—
(A) an airport operator submitting the program;
(B) a unit of local government in the area surrounding the airport,
if the Secretary decides the unit is able to carry out the project;
(C) an airport operator or unit of local government referred to in
clause (A) or (B) of this paragraph to carry out any part of a program
developed before February 18, 1980, or before implementing regula-
tions were prescribed, if the Secretary decides the program is substan-
657
tially consistent with reducing existing noncompatible uses and prevent-
ing the introduction of additional noncompatible uses and the purposes
of this chapter will be furthered by promptly carrying out the program;
and
(D) an airport operator or unit of local government referred to in
clause (A) or (B) of this paragraph to soundproof a building in the
noise impact area surrounding the airport that is used primarily for
educational or medical purposes and that the Secretary decides is ad-
versely affected by airport noise.
(2) An airport operator may agree to make a grant made under para-
graph (1)(A) of this subsection available to a public agency in the area sur-
rounding the airport if the Secretary decides the agency is able to carry out
the project.
(3) The Government’s share of a project for which a grant is made under
paragraph (1) of this subsection is the greater of—
(A) 80 percent of the cost of the project; or
(B) the Government’s share that would apply if the amounts avail-
able for the project were made available under subchapter I of chapter
471 of this title for a project at the airport.
(4) The provisions of subchapter I of chapter 471 of this title related to
grants apply to a grant made under this chapter, except—
(A) section 47109(a) and (b) of this title; and
(B) any provision that the Secretary decides is inconsistent with, or
unnecessary to carry out, this chapter.
(d) GOVERNMENT RELIEF FROM LIABILITY.—The Government is not lia-
ble for damages from aviation noise because of action taken under this sec-
tion.
§ 47505. Airport noise compatibility planning grants
(a) GENERAL AUTHORITY.—The Secretary of Transportation may make
a grant to a sponsor of an airport to develop, for planning purposes, infor-
mation necessary to prepare and submit—
(1) a noise exposure map and related information under section
47503 of this title, including the cost of obtaining the information; or
(2) a noise compatibility program under section 47504 of this title.
(b) AVAILABILITY
OF
AMOUNTS
AND
GOVERNMENT’S
SHARE
OF
COSTS.—A grant under subsection (a) of this section may be made from
amounts available under section 48103 of this title. The United States Gov-
ernment’s share of the grant is the percent for which a project for airport
development at an airport would be eligible under section 47109(a) and (b)
of this title.
658
§ 47506. Limitations on recovering damages for noise
(a) GENERAL LIMITATIONS.—A person acquiring an interest in property
after February 18, 1980, in an area surrounding an airport for which a
noise exposure map has been submitted under section 47503 of this title
and having actual or constructive knowledge of the existence of the map
may recover damages for noise attributable to the airport only if, in addition
to any other elements for recovery of damages, the person shows that—
(1) after acquiring the interest, there was a significant—
(A) change in the type or frequency of aircraft operations at the
airport;
(B) change in the airport layout;
(C) change in flight patterns; or
(D) increase in nighttime operations; and
(2) the damages resulted from the change or increase.
(b) CONSTRUCTIVE KNOWLEDGE.—Constructive knowledge of the exist-
ence of a map under subsection (a) of this section shall be imputed, at a
minimum, to a person if—
(1) before the person acquired the interest, notice of the existence
of the map was published at least 3 times in a newspaper of general
circulation in the county in which the property is located; or
(2) the person is given a copy of the map when acquiring the inter-
est.
§ 47507. Nonadmissibility of noise exposure map and related
information as evidence
No part of a noise exposure map or related information described in sec-
tion 47503 of this title that is submitted to, or prepared by, the Secretary
of Transportation and no part of a list of land uses the Secretary identifies
as normally compatible with various exposures of individuals to noise may
be admitted into evidence or used for any other purpose in a civil action
asking for relief for noise resulting from the operation of an airport.
§ 47508. Noise standards for air carriers and foreign air car-
riers providing foreign air transportation
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall
require each air carrier and foreign air carrier providing foreign air trans-
portation to comply with noise standards—
(1) the Secretary prescribed for new subsonic aircraft in regulations
of the Secretary in effect on January 1, 1977; or
(2) of the International Civil Aviation Organization that are substan-
tially compatible with standards of the Secretary for new subsonic air-
craft in regulations of the Secretary at parts 36 and 91 of title 14,
659
Code of Federal Regulations, prescribed between January 2, 1977, and
January 1, 1982.
(b) COMPLIANCE AT PHASED RATE.—The Secretary shall require each
air carrier and foreign air carrier providing foreign air transportation to
comply with the noise standards at a phased rate similar to the rate for
aircraft registered in the United States.
(c) NONDISCRIMINATION.—The requirement for air carriers providing for-
eign air transportation may not be more stringent than the requirement for
foreign air carriers.
SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY
§ 47521. Findings
Congress finds that—
(1) aviation noise management is crucial to the continued increase
in airport capacity;
(2) community noise concerns have led to uncoordinated and incon-
sistent restrictions on aviation that could impede the national air trans-
portation system;
(3) a noise policy must be carried out at the national level;
(4) local interest in aviation noise management shall be considered
in determining the national interest;
(5) community concerns can be alleviated through the use of new
technology aircraft and the use of revenues, including those available
from passenger facility fees, for noise management;
(6) revenues controlled by the United States Government can help
resolve noise problems and carry with them a responsibility to the na-
tional airport system;
(7) revenues derived from a passenger facility fee may be applied to
noise management and increased airport capacity; and
(8) a precondition to the establishment and collection of a passenger
facility fee is the prescribing by the Secretary of Transportation of a
regulation establishing procedures for reviewing airport noise and ac-
cess restrictions on operations of stage 2 and stage 3 aircraft.
§ 47522. Definitions
In this subchapter—
(1) ‘‘air carrier’’, ‘‘air transportation’’, and ‘‘United States’’ have the
same meanings given those terms in section 40102(a) of this title.
(2) ‘‘stage 3 noise levels’’ means the stage 3 noise levels in part 36
of title 14, Code of Federal Regulations, in effect on November 5,
1990.
660
§ 47523. National aviation noise policy
(a) GENERAL REQUIREMENTS.—Not later than July 1, 1991, the Sec-
retary of Transportation shall establish by regulation a national aviation
noise policy that considers this subchapter, including the phaseout and
nonaddition of stage 2 aircraft as provided in this subchapter and dates for
carrying out that policy and reporting requirements consistent with this
subchapter and law existing as of November 5, 1990.
(b) DETAILED ECONOMIC ANALYSIS.—The policy shall be based on a de-
tailed economic analysis of the impact of the phaseout date for stage 2 air-
craft on competition in the airline industry, including—
(1) the ability of air carriers to achieve capacity growth consistent
with the projected rate of growth for the airline industry;
(2) the impact of competition in the airline and air cargo industries;
(3) the impact on nonhub and small community air service; and
(4) the impact on new entry into the airline industry.
§ 47524. Airport noise and access restriction review pro-
gram
(a) GENERAL REQUIREMENTS.—The national aviation noise policy estab-
lished under section 47523 of this title shall provide for establishing by reg-
ulation a national program for reviewing airport noise and access restric-
tions on the operation of stage 2 and stage 3 aircraft. The program shall
provide for adequate public notice and opportunity for comment on the re-
strictions.
(b) STAGE 2 AIRCRAFT.—Except as provided in subsection (d) of this
section, an airport noise or access restriction may include a restriction on
the operation of stage 2 aircraft proposed after October 1, 1990, only if the
airport operator publishes the proposed restriction and prepares and makes
available for public comment at least 180 days before the effective date of
the proposed restriction—
(1) an analysis of the anticipated or actual costs and benefits of the
existing or proposed restriction;
(2) a description of alternative restrictions;
(3) a description of the alternative measures considered that do not
involve aircraft restrictions; and
(4) a comparison of the costs and benefits of the alternative meas-
ures to the costs and benefits of the proposed restriction.
(c) STAGE 3 AIRCRAFT.—(1) Except as provided in subsection (d) of this
section, an airport noise or access restriction on the operation of stage 3
aircraft not in effect on October 1, 1990, may become effective only if the
restriction has been agreed to by the airport proprietor and all aircraft oper-
ators or has been submitted to and approved by the Secretary of Transpor-
661
tation after an airport or aircraft operator’s request for approval as pro-
vided by the program established under this section. Restrictions to which
this paragraph applies include—
(A) a restriction on noise levels generated on either a single event
or cumulative basis;
(B) a restriction on the total number of stage 3 aircraft operations;
(C) a noise budget or noise allocation program that would include
stage 3 aircraft;
(D) a restriction on hours of operations; and
(E) any other restriction on stage 3 aircraft.
(2) Not later than 180 days after the Secretary receives an airport or
aircraft operator’s request for approval of an airport noise or access restric-
tion on the operation of a stage 3 aircraft, the Secretary shall approve or
disapprove the restriction. The Secretary may approve the restriction only
if the Secretary finds on the basis of substantial evidence that—
(A) the restriction is reasonable, nonarbitrary, and nondiscrim-
inatory;
(B) the restriction does not create an unreasonable burden on inter-
state or foreign commerce;
(C) the restriction is not inconsistent with maintaining the safe and
efficient use of the navigable airspace;
(D) the restriction does not conflict with a law or regulation of the
United States;
(E) an adequate opportunity has been provided for public comment
on the restriction; and
(F) the restriction does not create an unreasonable burden on the
national aviation system.
(3) Paragraphs (1) and (2) of this subsection do not apply if the Admin-
istrator of the Federal Aviation Administration, before November 5, 1990,
has formed a working group (outside the process established by part 150
of title 14, Code of Federal Regulations) with a local airport operator to
examine the noise impact of air traffic control procedure changes at the air-
port. However, if an agreement on noise reductions at that airport is made
between the airport proprietor and one or more air carriers or foreign air
carriers that constitute a majority of the carrier use of the airport, this
paragraph applies only to a local action to enforce the agreement.
(4) The Secretary may reevaluate an airport noise or access restriction
previously agreed to or approved under this subsection on request of an air-
craft operator able to demonstrate to the satisfaction of the Secretary that
there has been a change in the noise environment of the affected airport
662
that justifies a reevaluation. The Secretary shall establish by regulation pro-
cedures for conducting a reevaluation. A reevaluation—
(A) shall be based on the criteria in paragraph (2) of this subsection;
and
(B) may be conducted only after 2 years after a decision under para-
graph (2) of this subsection has been made.
(d) NONAPPLICATION.—Subsections (b) and (c) of this section do not
apply to—
(1) a local action to enforce a negotiated or executed airport noise
or access agreement between the airport operator and the aircraft oper-
ators in effect on November 5, 1990;
(2) a local action to enforce a negotiated or executed airport noise
or access restriction agreed to by the airport operator and the aircraft
operators before November 5, 1990;
(3) an intergovernmental agreement including an airport noise or ac-
cess restriction in effect on November 5, 1990;
(4) a subsequent amendment to an airport noise or access agreement
or restriction in effect on November 5, 1990, that does not reduce or
limit aircraft operations or affect aircraft safety;
(5)(A) an airport noise or access restriction adopted by an airport
operator not later than October 1, 1990, and stayed as of October 1,
1990, by a court order or as a result of litigation, if any part of the
restriction is subsequently allowed by a court to take effect; or
(B) a new restriction imposed by an airport operator to replace any
part of a restriction described in subclause (A) of this clause that is
disallowed by a court, if the new restriction would not prohibit aircraft
operations in effect on November 5, 1990; or
(6) a local action that represents the adoption of the final part of
a program of a staged airport noise or access restriction if the initial
part of the program was adopted during 1988 and was in effect on No-
vember 5, 1990.
(e) GRANT LIMITATIONS.—Beginning on the 91st day after the Secretary
prescribes a regulation under subsection (a) of this section, a sponsor of a
facility operating under an airport noise or access restriction on the oper-
ation of stage 3 aircraft that first became effective after October 1, 1990,
is eligible for a grant under section 47104 of this title and is eligible to
impose a passenger facility fee under section 40117 of this title only if the
restriction has been—
(1) agreed to by the airport proprietor and aircraft operators;
(2) approved by the Secretary as required by subsection (c)(1) of
this section; or
663
(3) rescinded.
§ 47525. Decision about airport noise and access restrictions
on certain stage 2 aircraft
The Secretary of Transportation shall conduct a study and decide on the
application of section 47524(a)–(d) of this title to airport noise and access
restrictions on the operation of stage 2 aircraft with a maximum weight of
not more than 75,000 pounds. In making the decision, the Secretary shall
consider—
(1) noise levels produced by those aircraft relative to other aircraft;
(2) the benefits to general aviation and the need for efficiency in the
national air transportation system;
(3) the differences in the nature of operations at airports and the
areas immediately surrounding the airports;
(4) international standards and agreements on aircraft noise; and
(5) other factors the Secretary considers necessary.
§ 47526. Limitations for noncomplying airport noise and ac-
cess restrictions
Unless the Secretary of Transportation is satisfied that an airport is not
imposing an airport noise or access restriction not in compliance with this
subchapter, the airport may not—
(1) receive money under subchapter I of chapter 471 of this title;
or
(2) impose a passenger facility fee under section 40117 of this title.
§ 47527. Liability of the United States Government for noise
damages
When a proposed airport noise or access restriction is disapproved under
this subchapter, the United States Government shall assume liability for
noise damages only to the extent that a taking has occurred as a direct re-
sult of the disapproval. The United States Court of Federal Claims has ex-
clusive jurisdiction of a civil action under this section.
§ 47528. Prohibition on operating certain aircraft not com-
plying with stage 3 noise levels
(a) PROHIBITION.—Except as provided in subsection (b) of this section
and section 47530 of this title, a person may operate after December 31,
1999, a civil subsonic turbojet with a maximum weight of more than 75,000
pounds to or from an airport in the United States only if the Secretary of
Transportation finds that the aircraft complies with the stage 3 noise levels.
(b) WAIVERS.—(1) If, not later than July 1, 1999, at least 85 percent
of the aircraft used by an air carrier to provide air transportation comply
with the stage 3 noise levels, the carrier may apply for a waiver of sub-
section (a) of this section for the remaining aircraft used by the carrier to
664
provide air transportation. The application must be filed with the Secretary
not later than January 1, 1999, and must include a plan with firm orders
for making all aircraft used by the carrier to provide air transportation
comply with the noise levels not later than December 31, 2003.
(2) The Secretary may grant a waiver under this subsection if the Sec-
retary finds it would be in the public interest. In making the finding, the
Secretary shall consider the effect of granting the waiver on competition in
the air carrier industry and on small community air service.
(3) A waiver granted under this subsection may not permit the operation
of stage 2 aircraft in the United States after December 31, 2003.
(c) SCHEDULE FOR PHASED-IN COMPLIANCE.—The Secretary shall es-
tablish by regulation a schedule for phased-in compliance with subsection
(a) of this section. The phase-in period shall begin on November 5, 1990,
and end before December 31, 1999. The regulations shall establish interim
compliance dates. The schedule for phased-in compliance shall be based
on—
(1) a detailed economic analysis of the impact of the phaseout date
for stage 2 aircraft on competition in the airline industry, including—
(A) the ability of air carriers to achieve capacity growth consist-
ent with the projected rate of growth for the airline industry;
(B) the impact of competition in the airline and air cargo indus-
tries;
(C) the impact on nonhub and small community air service; and
(D) the impact on new entry into the airline industry; and
(2) an analysis of the impact of aircraft noise on individuals residing
near airports.
(d) ANNUAL REPORT.—Beginning with calendar year 1992—
(1) each air carrier shall submit to the Secretary an annual report
on the progress the carrier is making toward complying with the re-
quirements of this section and regulations prescribed under this sec-
tion; and
(2) the Secretary shall submit to Congress an annual report on the
progress being made toward that compliance.
(e) HAWAIIAN OPERATIONS.—(1) In this subsection, ‘‘turnaround serv-
ice’’ means a flight between places only in Hawaii.
(2)(A) An air carrier or foreign air carrier may not operate in Hawaii,
or between a place in Hawaii and a place outside the 48 contiguous States,
a greater number of stage 2 aircraft with a maximum weight of more than
75,000 pounds than it operated in Hawaii, or between a place in Hawaii
and a place outside the 48 contiguous States, on November 5, 1990.
665
(B) An air carrier that provided turnaround service in Hawaii on Novem-
ber 5, 1990, using stage 2 aircraft with a maximum weight of more than
75,000 pounds may include in the number of aircraft authorized under sub-
paragraph (A) of this paragraph all stage 2 aircraft with a maximum weight
of more than 75,000 pounds that were owned or leased by that carrier on
that date, whether or not the aircraft were operated by the carrier on that
date.
(3) An air carrier may provide turnaround service in Hawaii using stage
2 aircraft with a maximum weight of more than 75,000 pounds only if the
carrier provided the service on November 5, 1990.
§ 47529. Nonaddition rule
(a) GENERAL LIMITATIONS.—Except as provided in subsection (b) of this
section and section 47530 of this title, a person may operate a civil subsonic
turbojet aircraft with a maximum weight of more than 75,000 pounds that
is imported into the United States after November 4, 1990, only if the air-
craft—
(1) complies with the stage 3 noise levels; or
(2) was purchased by the person importing the aircraft into the
United States under a legally binding contract made before November
5, 1990.
(b) EXEMPTIONS.—The Secretary of Transportation may provide an ex-
emption from subsection (a) of this section to permit a person to obtain
modifications to an aircraft to meet the stage 3 noise levels.
(c) AIRCRAFT DEEMED NOT IMPORTED.—In this section, an aircraft is
deemed not to have been imported into the United States if the aircraft—
(1) was owned on November 5, 1990, by—
(A) a corporation, trust, or partnership organized under the
laws of the United States or a State (including the District of Co-
lumbia);
(B) an individual who is a citizen of the United States; or
(C) an entity that is owned or controlled by a corporation, trust,
partnership, or individual described in subclause (A) or (B) of this
clause; and
(2) enters the United States not later than 6 months after the expi-
ration of a lease agreement (including any extension) between an owner
described in clause (1) of this subsection and a foreign carrier.
§ 47530. Nonapplication of sections 47528(a)–(d) and 47529 to
aircraft outside the 48 contiguous States
Sections 47528(a)–(d) and 47529 of this title do not apply to aircraft
used only to provide air transportation outside the 48 contiguous States. A
civil subsonic turbojet aircraft with a maximum weight of more than 75,000
666
pounds that is imported into a noncontiguous State or a territory or posses-
sion of the United States after November 4, 1990, may be used to provide
air transportation in the 48 contiguous States only if the aircraft complies
with the stage 3 noise levels.
§ 47531. Penalties for violating sections 47528–47530
A person violating sections 47528, 47529, or 47530 of this title or a reg-
ulation prescribed under those sections is subject to the same civil penalties
and procedures under chapter 463 of this title as a person violating section
44701(a) or (b) or 44702–44716 of this title.
§ 47532. Judicial review
An action taken by the Secretary of Transportation under sections
47528–47531 of this title is subject to judicial review as provided under sec-
tion 46110 of this title.
§ 47533. Relationship to other laws
Except as provided by section 47524 of this title, this subchapter does
not affect—
(1) law in effect on November 5, 1990, on airport noise or access
restrictions by local authorities;
(2) any proposed airport noise or access restriction at a general avia-
tion airport if the airport proprietor has formally initiated a regulatory
or legislative process before October 2, 1990; or
(3) the authority of the Secretary of Transportation to seek and ob-
tain legal remedies the Secretary considers appropriate, including in-
junctive relief.
PART C—FINANCING
CHAPTER 481—AIRPORT AND AIRWAY TRUST FUND
AUTHORIZATIONS
Sec.
48101.
Air navigation facilities.
48102.
Research and development.
48103.
Airport planning and development and noise compatibility planning and programs.
48104.
Certain direct costs and joint air navigation services.
48105.
Weather reporting services.
48106.
Airway science curriculum grants.
48107.
Civil aviation security research and development.
48108.
Availability and uses of amounts.
48109.
Submission of budget information and legislative recommendations and comments.
48110.
Facilities for advanced training of maintenance technicians for air carrier aircraft.
§ 48101. Air navigation facilities
(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—Not more than a
total of the following amounts may be appropriated to the Secretary of
Transportation out of the Airport and Airway Trust Fund established under
section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to
acquire, establish, and improve air navigation facilities under section
44502(a)(1)(A) of this title:
667
(1) for the fiscal years ending September 30, 1991–1993,
$8,200,000,000.
(2) for the fiscal years ending September 30, 1991–1994,
$11,100,000,000.
(3) for the fiscal years ending September 30, 1991–1995,
$14,000,000,000.
(b) MAJOR AIRWAY CAPITAL INVESTMENT PLAN CHANGES.—If the Sec-
retary decides that it is necessary to augment or substantially modify ele-
ments of the Airway Capital Investment Plan referred to in section
44501(b) of this title (including a decision that it is necessary to establish
more than 23 area control facilities), not more than $100,000,000 may be
appropriated to the Secretary out of the Fund for the fiscal year ending
September 30, 1994, to carry out the augmentation or modification.
(c) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec-
tion remain available until expended.
§ 48102. Research and development
(a) AUTHORIZATION OF APPROPRIATIONS.—Not more than the following
amounts may be appropriated to the Secretary of Transportation out of the
Airport and Airway Trust Fund established under section 9502 of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 9502) to carry out sections 44504,
44505, 44507, 44509, and 44511–44513 of this title:
(1) for the fiscal year ending September 30, 1993—
(A) $14,700,000 only for management and analysis projects and
activities.
(B) $87,000,000 only for capacity and air traffic management
technology projects and activities.
(C) $28,000,000 only for communications, navigation, and sur-
veillance projects and activities.
(D) $7,700,000 only for weather projects and activities.
(E) $6,800,000 only for airport technology projects and activi-
ties.
(F) $44,000,000 only for aircraft safety technology projects and
activities.
(G) $41,100,000 only for system security technology projects
and activities.
(H) $31,000,000 only for human factors and aviation medicine
projects and activities.
(I) $4,500,000 for environment and energy projects and activi-
ties.
(J) $5,200,000 for innovative and cooperative research projects
and activities.
668
(2) for the fiscal year ending September 30, 1994, $297,000,000.
(b) AVAILABILITY
FOR RESEARCH.—(1) At least 15 percent of the
amount appropriated under subsection (a) of this section shall be for long-
term research projects.
(2) At least 3 percent of the amount appropriated under subsection (a)
of this section shall be available to the Administrator of the Federal Avia-
tion Administration to make grants under section 44511 of this title.
(c) TRANSFERS BETWEEN CATEGORIES.—(1) Not more than 10 percent
of the net amount authorized for a category of projects and activities in a
fiscal year under subsection (a) of this section may be transferred to or
from that category in that fiscal year.
(2) The Secretary may transfer more than 10 percent of an authorized
amount to or from a category only after—
(A) submitting a written explanation of the proposed transfer to the
Committees on Science, Space, and Technology and Appropriations of
the House of Representatives and the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate; and
(B) 30 days have passed after the explanation is submitted or each
Committee notifies the Secretary in writing that it does not object to
the proposed transfer.
(d) AIRPORT CAPACITY RESEARCH
AND DEVELOPMENT.—(1) Of the
amounts made available under subsection (a) of this section, at least
$25,000,000 may be appropriated each fiscal year for research and develop-
ment under section 44505(a) and (c) of this title on preserving and enhanc-
ing airport capacity, including research and development on improvements
to airport design standards, maintenance, safety, operations, and environ-
mental concerns.
(2) The Administrator shall submit to the Committees on Science, Space,
and Technology and Public Works and Transportation of the House of Rep-
resentatives and the Committee on Commerce, Science, and Transportation
of the Senate a report on expenditures made under paragraph (1) of this
subsection for each fiscal year. The report shall be submitted not later than
60 days after the end of the fiscal year.
(e) AIR TRAFFIC CONTROLLER PERFORMANCE RESEARCH.—Necessary
amounts may be appropriated to the Secretary out of amounts in the Fund
available for research and development to conduct research under section
44506(a) and (b) of this title.
(f) AVAILABILITY OF AMOUNTS.—Amounts appropriated under subsection
(a) of this section remain available until expended.
669
§ 48103. Airport planning and development and noise com-
patibility planning and programs
Not more than a total of $15,966,700,000 is available to the Secretary
of Transportation for the fiscal years ending September 30, 1982–1993, out
of the Airport and Airway Trust Fund established under section 9502 of
the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants for
airport planning and airport development under section 47104 of this title,
airport noise compatibility planning under section 47505(a)(2) of this title,
and carrying out noise compatibility programs under section 47504(c) of
this title.
§ 48104. Certain direct costs and joint air navigation serv-
ices
(a) AUTHORIZATION OF APPROPRIATIONS.—Except as provided in this
section, the balance of the money available in the Airport and Airway Trust
Fund established under section 9502 of the Internal Revenue Code of 1986
(26 U.S.C. 9502) may be appropriated to the Secretary of Transportation
out of the Fund for—
(1) direct costs the Secretary incurs to flight check, operate, and
maintain air navigation facilities referred to in section 44502(a)(1)(A)
of this title safely and efficiently; and
(2) the costs of services provided under international agreements re-
lated to the joint financing of air navigation services assessed against
the United States Government.
(b) LIMITATION.—The amount that may be appropriated out of the Fund
for each of the fiscal years ending September 30, 1993–1995, may not be
more than an amount equal to—
(1) 75 percent of the amount made available under sections 106(k)
and 48101–48103 of this title for that fiscal year; less
(2) the amount made available under sections 48101–48103 of this
title for that fiscal year.
§ 48105. Weather reporting services
To reimburse the Secretary of Commerce for the cost incurred by the Na-
tional Oceanic and Atmospheric Administration of providing weather report-
ing services to the Federal Aviation Administration, the Secretary of Trans-
portation may expend from amounts available under section 48104 of this
title not more than the following amounts:
(1) for the fiscal year ending September 30, 1993, $35,596,000.
(2) for the fiscal year ending September 30, 1994, $37,800,000.
(3) for the fiscal year ending September 30, 1995, $39,000,000.
670
§ 48106. Airway science curriculum grants
Amounts are available from the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C.
9502) to carry out section 44510 of this title. The amounts remain available
until expended.
§ 48107. Civil aviation security research and development
After the review under section 44912(b) of this title is completed, nec-
essary amounts may be appropriated to the Secretary of Transportation out
of the Airport and Airway Trust Fund established under section 9502 of
the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants under
section 44912(a)(4)(A).
§ 48108. Availability and uses of amounts
(a) AVAILABILITY OF AMOUNTS.—Amounts equal to the amounts author-
ized under sections 48101–48105 of this title remain in the Airport and
Airway Trust Fund established under section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502) until appropriated for the purposes of sec-
tions 48101–48105.
(b) LIMITATIONS ON USES.—(1) Amounts in the Fund may be appro-
priated only to carry out a program or activity referred to in this chapter.
(2) Amounts in the Fund may be appropriated for administrative ex-
penses of the Department of Transportation or a component of the Depart-
ment only to the extent authorized by section 48104 of this title.
(c) LIMITATION ON OBLIGATING OR EXPENDING AMOUNTS.—In a fiscal
year beginning after September 30, 1995, the Secretary of Transportation
may obligate or expend an amount appropriated out of the Fund under sec-
tion 48104 of this title only if a law expressly amends section 48104.
§ 48109. Submission of budget information and legislative
recommendations and comments
When the Administrator of the Federal Aviation Administration submits
to the Secretary of Transportation, the President, or the Director of the Of-
fice of Management and Budget any budget information, legislative rec-
ommendation, or comment on legislation about amounts authorized in sec-
tion 48101 or 48102 of this title, the Administrator concurrently shall sub-
mit a copy of the information, recommendation, or comment to the Speaker
of the House of Representatives, the Committees on Public Works and
Transportation and Appropriations of the House, the President of the Sen-
ate, and the Committees on Commerce, Science, and Transportation and
Appropriations of the Senate.
671
§ 48110. Facilities for advanced training of maintenance
technicians for air carrier aircraft
For the fiscal years ending September 30, 1993–1995, amounts necessary
to carry out section 44515 of this title may be appropriated to the Secretary
of Transportation out of the Airport and Airway Trust Fund established
under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502).
The amounts remain available until expended.
PART D—MISCELLANEOUS
CHAPTER 491—BUY-AMERICAN PREFERENCES
Sec.
49101.
Buying goods produced in the United States.
49102.
Restricting contract awards because of discrimination against United States goods or
services.
49103.
Contract preference for domestic firms.
49104.
Restriction on airport projects using products or services of foreign countries denying
fair market opportunities.
49105.
Fraudulent use of ‘‘Made in America’’ label.
§ 49101. Buying goods produced in the United States
(a) PREFERENCE.—The Secretary of Transportation may obligate an
amount that may be appropriated to carry out section 106(k), 44502(a)(2),
or 44509, subchapter I of chapter 471 (except sections 47106(d) and
47127), or chapter 481 (except sections 48102(e), 48106, 48107, and
48110) of this title for a project only if steel and manufactured goods used
in the project are produced in the United States.
(b) WAIVER.—The Secretary may waive subsection (a) of this section if
the Secretary finds that—
(1) applying subsection (a) would be inconsistent with the public in-
terest;
(2) the steel and goods produced in the United States are not pro-
duced in a sufficient and reasonably available amount or are not of a
satisfactory quality;
(3) when procuring a facility or equipment under section
44502(a)(2) or 44509, subchapter I of chapter 471 (except sections
47106(d) and 47127), or chapter 481 (except sections 48102(e),
48106, 48107, and 48110) of this title—
(A) the cost of components and subcomponents produced in the
United States is more than 60 percent of the cost of all compo-
nents of the facility or equipment; and
(B) final assembly of the facility or equipment has occurred in
the United States; or
(4) including domestic material will increase the cost of the overall
project by more than 25 percent.
(c) LABOR COSTS.—In this section, labor costs involved in final assembly
are not included in calculating the cost of components.
672
§ 49102. Restricting contract awards because of discrimina-
tion against United States goods or services
A person or enterprise domiciled or operating under the laws of a foreign
country may not make a contract or subcontract under section 106(k),
44502(a)(2), or 44509, subchapter I of chapter 471 (except sections
47106(d) and 47127), or chapter 481 (except sections 48102(e), 48106,
48107, and 48110) of this title or subtitle B of title IX of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–
353) if the government of that country unfairly maintains, in government
procurement, a significant and persistent pattern of discrimination against
United States goods or services that results in identifiable harm to United
States businesses, that the President identifies under section 305(g)(1)(A)
of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)).
§ 49103. Contract preference for domestic firms
(a) DEFINITIONS.—In this section—
(1) ‘‘domestic firm’’ means a business entity incorporated, and con-
ducting business, in the United States.
(2) ‘‘foreign firm’’ means a business entity not described in clause
(1) of this subsection.
(b) PREFERENCE.—Subject to subsections (c) and (d) of this section, the
Administrator of the Federal Aviation Administration may make, with a do-
mestic firm, a contract related to a grant made under section 44511, 44512,
or 44513 of this title that, under competitive procedures, would be made
with a foreign firm, if—
(1) the Administrator decides, and the Secretary of Commerce and
the United States Trade Representative concur, that the public interest
requires making the contract with the domestic firm, considering Unit-
ed States international obligations and trade relations;
(2) the difference between the bids submitted by the foreign firm and
the domestic firm is not more than 6 percent;
(3) the final product of the domestic firm will be assembled com-
pletely in the United States; and
(4) at least 51 percent of the final product of the domestic firm will
be produced in the United States.
(c) NONAPPLICATION.—Subsection (b) of this section does not apply if—
(1) compelling national security considerations require that sub-
section (b) of this section not apply; or
(2) the Trade Representative decides that making the contract would
violate the General Agreement on Tariffs and Trade or an international
agreement to which the United States is a party.
673
(d) APPLICATION TO CERTAIN GRANTS.—This section applies only to a
contract related to a grant made under section 44511, 44512, or 44513 of
this title for which—
(1) an amount is authorized by section 48102(a), (b), or (d) of this
title to be made available for the fiscal years ending September 30,
1991, and September 30, 1992; and
(2) a solicitation for bid is issued after November 5, 1990.
(e) REPORT.—The Administrator shall submit a report to Congress on—
(1) contracts to which this section applies that are made with foreign
firms in the fiscal years ending September 30, 1991, and September
30, 1992;
(2) the number of contracts that meet the requirements of subsection
(b) of this section, but that the Trade Representative decides would
violate the General Agreement on Tariffs and Trade or an international
agreement to which the United States is a party; and
(3) the number of contracts made under this section.
§ 49104. Restriction on airport projects using products or
services of foreign countries denying fair market
opportunities
(a) DEFINITION AND RULES FOR CONSTRUING SECTION.—In this sec-
tion—
(1) ‘‘project’’ has the same meaning given that term in section
47102 of this title.
(2) each foreign instrumentality and each territory and possession of
a foreign country administered separately for customs purposes is a
separate foreign country.
(3) an article substantially produced or manufactured in a foreign
country is a product of the country.
(4) a service provided by a person that is a national of a foreign
country or that is controlled by a national of a foreign country is a
service of the country.
(b) LIMITATION
ON USE
OF AVAILABLE AMOUNTS.—(1) An amount
made available under subchapter I of chapter 471 of this title (except sec-
tions 47106(d) and 47127) may not be used for a project that uses a prod-
uct or service of a foreign country during any period the country is on the
list maintained by the United States Trade Representative under subsection
(d)(1) of this section.
(2) Paragraph (1) of this subsection does not apply when the Secretary
of Transportation decides that—
(A) applying paragraph (1) to the product, service, or project is not
in the public interest;
674
(B) a product or service of the same class or type and of satisfactory
quality is not produced or offered in the United States, or in a foreign
country not listed under subsection (d)(1) of this section, in a sufficient
and reasonably available amount; and
(C) the project cost will increase by more than 20 percent if the
product or service is excluded.
(c) DECISIONS
ON DENIAL
OF FAIR MARKET OPPORTUNITIES.—Not
later than 30 days after a report is submitted to Congress under section
181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)), the Trade Represent-
ative, for a construction project of more than $500,000 for which the gov-
ernment of a foreign country supplies any part of the amount, shall decide
whether the foreign country denies fair market opportunities for products
and suppliers of the United States in procurement or for United States bid-
ders. In making the decision, the Trade Representative shall consider infor-
mation obtained in preparing the report and other information the Trade
Representative considers relevant.
(d) LIST OF COUNTRIES DENYING FAIR MARKET OPPORTUNITIES.—(1)
The Trade Representative shall maintain a list of each foreign country the
Trade Representative finds under subsection (c) of this section is denying
fair market opportunities. The country shall remain on the list until the
Trade Representative decides the country provides fair market opportuni-
ties.
(2) The Trade Representative shall publish in the Federal Register—
(A) annually the list required under paragraph (1) of this subsection;
and
(B) any modification of the list made before the next list is pub-
lished.
§ 49105. Fraudulent use of ‘‘Made in America’’ label
If the Secretary of Transportation decides that a person intentionally af-
fixed a ‘‘Made in America’’ label to goods sold in or shipped to the United
States that are not made in the United States, the Secretary shall declare
the person ineligible, for not less than 3 nor more than 5 years, to receive
a contract or grant from the United States Government related to a con-
tract made under section 106(k), 44502(a)(2), or 44509, subchapter I of
chapter 471 (except sections 47106(d) and 47127), or chapter 481 (except
sections 48102(e), 48106, 48107, and 48110) of this title or subtitle B of
title IX of the Omnibus Budget Reconciliation Act of 1990 (Public Law
101–508, 104 Stat. 1388–353). The Secretary may bring a civil action to
enforce this section in any district court of the United States.
SUBTITLE VIII—PIPELINES
CHAPTER
Sec.
601.
SAFETY ...........................................................................................................
60101
675
603.
USER FEES ....................................................................................................
60301
605.
INTERSTATE COMMERCE REGULATION ...............................................
60501
CHAPTER 601—SAFETY
Sec.
60101.
Definitions.
60102.
General authority.
60103.
Standards for liquefied natural gas pipeline facilities.
60104.
Requirements and limitations.
60105.
State certifications.
60106.
State agreements.
60107.
State 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.
Annual reports.
60125.
Authorization of appropriations.
§ 60101. Definitions
(a) In this chapter—
(1) ‘‘existing liquefied natural gas facility’’—
(A) means a liquefied natural gas facility for which an applica-
tion 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 facil-
ity, 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
676
a hazardous liquid pipeline facility in a liquid state (except for liq-
uefied 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 cus-
tomer 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 hazard-
ous liquid pipeline facility that is not an interstate hazardous liquid
pipeline facility.
(11) ‘‘liquefied natural gas’’ means natural gas in a liquid or semi-
solid 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 Sec-
677
retary, 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 stor-
ing 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 lo-
cated 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 trans-
porting hazardous liquid.
(20) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, 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 gathering gas in a rural area outside a
populated area designated by the Secretary as a nonrural area.
(22) ‘‘transporting hazardous liquid’’—
(A) means the movement of hazardous liquid by pipeline, or the
storage of hazardous liquid incidental to the movement of hazard-
ous liquid by pipeline, in or affecting interstate or foreign com-
merce; but
(B) does not include moving hazardous liquid through—
(i) gathering lines in a rural area;
(ii) onshore production, refining, or manufacturing facili-
ties; or
678
(iii) storage or in-plant piping systems associated with on-
shore production, refining, or manufacturing facilities.
(b) GATHERING LINES.—(1)(A) Not later than October 24, 1994, the
Secretary shall define by regulation 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 shall define by
regulation 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 ‘‘regu-
lated 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.
§ 60102. General authority
(a)(1) MINIMUM SAFETY STANDARDS.—The Secretary of Transportation
shall prescribe minimum safety standards for pipeline transportation and
for pipeline facilities. The standards—
(A) apply to transporters of gas and hazardous liquid and to owners
and operators of pipeline facilities;
(B) may apply to the design, installation, inspection, emergency
plans and procedures, testing, construction, extension, operation, re-
placement, and maintenance of pipeline facilities; and
(C) shall include a requirement that all individuals responsible for
the operation and maintenance of pipeline facilities be tested for quali-
fications and certified to operate and maintain those facilities.
(2) As the Secretary considers appropriate, the operator of a pipeline fa-
cility 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.
(b) PRACTICABILITY AND SAFETY NEEDS STANDARDS.—A standard pre-
scribed under subsection (a) of this section shall be practicable and designed
679
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 con-
sider—
(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.
(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, tunnel-
ing, 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 construc-
tion, 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 sub-
section (a) of this section a requirement that an operator of a hazardous
liquid pipeline facility participate in a public safety program meeting the re-
quirements 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.
(d) FACILITY OPERATION INFORMATION STANDARDS.—The Secretary
shall prescribe minimum standards requiring an operator of a pipeline facil-
ity subject to this chapter to maintain, to the extent practicable, information
related to operating the facility and, when requested, to provide the infor-
mation to the Secretary and an appropriate State official. The information
shall include—
680
(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, in-
cluding 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 trans-
mission 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 fa-
cilities 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 discover-
ing a release;
(B) liaison procedures with State and local authorities for emer-
gency response; and
(C) communication and alert procedures for immediately notify-
ing 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 mini-
mum standards requiring an operator of a pipeline facility subject to this
chapter and, to the extent the Secretary considers necessary, an operator
of a gathering line that is not a regulated gathering line (as defined under
section 60101(b)(2) of this title), to maintain for the Secretary, to the ex-
tent practicable, an inventory with appropriate information about the types
of pipe used for the transmission 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 identifica-
tion of each facility and gathering line passing through an area de-
681
scribed in regulations prescribed under section 60109 of this title,
whether the facility or gathering line otherwise is subject to this chap-
ter, but shall exclude equipment associated only with the pipeline
pumps or storage facilities.
(f) STANDARDS AS ACCOMMODATING ‘‘SMART PIGS’’.—(1) The Secretary
shall prescribe minimum safety standards requiring that the design and con-
struction 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 car-
ried 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 in-
ternal inspection device if the basic construction of the facility will accom-
modate the device.
(2) Not later than October 24, 1995, the Secretary shall prescribe regula-
tions requiring the periodic inspection of each pipeline the operator of the
pipeline identifies under section 60109 of this title. The regulations shall
include any circumstances under which an inspection shall be conducted
with an instrumented internal inspection device and, if the device is not re-
quired, 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 pre-
scribe a different effective date when required because of the time reason-
ably 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 estab-
lishes that the condition exists. Notice of the condition shall be given con-
currently to appropriate State authorities.
682
(i) CARBON DIOXIDE REGULATION.—The Secretary shall regulate carbon
dioxide transported by a hazardous liquid pipeline facility. The Secretary
shall prescribe regulations 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 Octo-
ber 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 regulations 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.
(k) PROHIBITION AGAINST LOW INTERNAL STRESS EXCEPTION.—The
Secretary may not provide an exception to this chapter for a hazardous liq-
uid pipeline facility only because the facility operates at low internal stress.
§ 60103. Standards for liquefied natural gas pipeline facili-
ties
(a) LOCATION STANDARDS.—The Secretary of Transportation shall pre-
scribe minimum safety standards for deciding on the location of a new lique-
fied 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 characteris-
tics 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 pre-
scribing a standard, the Secretary shall consider—
(1) the characteristics of material to be used in constructing the fa-
cility and of alternative material;
(2) design factors;
683
(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 stand-
ards 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 lique-
fied natural gas.
684
(e) EFFECTIVE DATES.—A standard prescribed under this section is ef-
fective 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 regu-
lation 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 ap-
plying a standard prescribed under section 60102 of this title to a gas pipe-
line facility (except a liquefied natural gas pipeline facility) associated with
a liquefied natural gas pipeline facility.
§ 60104. Requirements and limitations
(a) OPPORTUNITY TO PRESENT VIEWS.—The Secretary of Transpor-
tation shall give an interested person an opportunity to make oral and writ-
ten presentations of information, views, and arguments when prescribing a
standard under this chapter.
(b) NONAPPLICATION.—A design, installation, construction, initial inspec-
tion, 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 certifi-
cation 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 mini-
mum 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.
(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 juris-
diction 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 reason-
able 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
685
to an applicable safety standard shall certify that it will design, install, in-
spect, test, construct, operate, replace, and maintain a gas pipeline facility
under those standards and plans for inspection and maintenance under sec-
tion 60108 of this title. The certification is binding on the Secretary of En-
ergy 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 au-
thorize the Secretary of Transportation to prescribe the location or routing
of a pipeline facility.
§ 60105. State certifications
(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 au-
thority (including a municipality if the standards and practices apply to
intrastate gas pipeline transportation) that submits to the Secretary annu-
ally 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 stand-
ard 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 in-
spections 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 sub-
stantially 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
686
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 hos-
pitalization, or property damage or loss of more than an amount the
Secretary establishes (even if the person sustaining the fatality, per-
sonal injury, or property damage or loss is not subject to the safety
jurisdiction of the authority), any other accident the authority consid-
ers 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 con-
ducted by the authority to enforce compliance with safety standards
prescribed under this chapter to which the certification applies, includ-
ing 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 sub-
section (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 pre-
scribed 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 estab-
lished under this section to ensure that the program complies with the cer-
tification. 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 compli-
ance with applicable safety standards prescribed under this chapter, the
Secretary may reject the certification, assert United States Government ju-
risdiction, or take other appropriate action to achieve adequate enforcement.
The Secretary shall give the authority notice and an opportunity for a hear-
ing before taking final action under this subsection. When notice is given,
687
the burden of proof is on the authority to demonstrate that it is enforcing
satisfactorily compliance with the prescribed standards.
§ 60106. State agreements
(a) GENERAL AUTHORITY.—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) NOTIFICATION.—Each agreement shall require the State authority to
notify the Secretary promptly of a violation or probable violation of an ap-
plicable safety standard discovered as a result of action taken in carrying
out an agreement under this section.
(c) MONITORING.—The Secretary may monitor a safety program estab-
lished under this section to ensure that the program complies with the
agreement. A State authority shall cooperate with the Secretary under this
subsection.
(d) ENDING AGREEMENTS.—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 agree-
ment. 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.
§ 60107. State grants
(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 fa-
cilities or interstate hazardous liquid pipeline facilities.
688
(b) PAYMENTS.—After notifying and consulting with a State authority,
the Secretary may withhold any part of a payment when the Secretary de-
cides 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 ad-
vance, 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 in-
spection activities under section 60105 or 60106 of this title.
(2) The qualifications prescribed under paragraph (1)(C) of this sub-
section 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.
§ 60108. Inspection and maintenance
(a) PLANS.—(1) Each person transporting gas or hazardous liquid or
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 trans-
portation 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 consid-
ers appropriate. The Secretary also may require a person transporting gas
or hazardous liquid or owning or operating a pipeline facility subject to this
chapter to file a plan for inspection and maintenance for approval.
689
(2) If the Secretary or a State authority responsible for enforcing stand-
ards prescribed under this chapter decides that a plan required under para-
graph (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 author-
ity shall consider—
(A) relevant available pipeline safety information;
(B) the appropriateness of the plan for the particular kind of pipe-
line 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 re-
quire 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 pipe-
line 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 characteris-
tics 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.
690
(2) To the extent and in amounts provided in advance in an appropriation
law, the Secretary shall decide on the frequency of inspection under para-
graph (1) of this subsection. However, an inspection must occur at least
once every 2 years. The Secretary may reduce the frequency of an inspec-
tion of a master meter system.
(3) Testing under this subsection shall use the most appropriate tech-
nology practicable.
(c) PIPELINE FACILITIES OFFSHORE AND IN NAVIGABLE WATERS.—(1)
In this subsection—
(A) ‘‘abandoned’’ means permanently removed from service.
(B) ‘‘pipeline facility’’ includes an underwater abandoned pipeline fa-
cility.
(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 Sec-
retary, 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 navi-
gable waters (as defined by the Secretary) if the Secretary decides that
the location of the facility in those navigable waters could pose a haz-
ard to navigation or public safety.
(B) In prescribing regulations to carry out subparagraph (A) of this para-
graph—
(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 po-
tential that the facility will pose a hazard to navigation and shall con-
sider 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 sub-
section to report a potential or existing navigational hazard involving that
pipeline facility to the Secretary through the appropriate Coast Guard of-
fice.
(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
691
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 require by regulation 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 regulations for subparagraph (A) of this paragraph for
an underwater pipeline facility abandoned after October 24, 1992, the Sec-
retary shall include requirements that will lessen the potential that the facil-
ity will pose a hazard to navigation and shall consider the relationship be-
tween 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 haz-
ard 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 sec-
tion 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 sub-
paragraph 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 meas-
ured 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 facil-
ity 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.
692
(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 prop-
erly 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 Govern-
ment maintains the information in a way accessible to appropriate Govern-
ment 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 hazard-
ous liquid pipeline facility only because the pipeline facility transfers hazard-
ous liquid in an underwater pipeline between a vessel and an onshore facil-
ity.
(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 sys-
tems 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 re-
placement; 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 Gov-
ernment guidelines or regulations for cast iron gas pipelines as the Sec-
retary considers appropriate.
§ 60109. High-density population areas and environmentally
sensitive areas
(a) IDENTIFICATION REQUIREMENTS.—Not later than October 24, 1994,
the Secretary of Transportation shall prescribe regulations that—
(1) establish criteria for identifying—
693
(A) by operators of gas pipeline facilities, each gas pipeline fa-
cility (except a natural gas distribution line) located in a high-den-
sity population area; and
(B) by operators of hazardous liquid pipeline facilities and gath-
ering lines—
(i) each hazardous liquid pipeline facility, whether other-
wise subject to this chapter, that crosses a navigable water-
way (as the Secretary defines by regulation) or that is located
in an area described in the criteria as a high-density popu-
lation 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 Adminis-
trator of the Environmental Protection Agency, describes as
unusually sensitive to environmental damage if there is a haz-
ardous liquid pipeline accident; and
(2) provide that the identification be carried out through the inven-
tory required under section 60102(c) of this title.
(b) AREAS TO BE INCLUDED AS UNUSUALLY SENSITIVE.—When describ-
ing an area that is unusually sensitive to environmental damage if there is
a hazardous liquid pipeline accident, the Secretary shall consider includ-
ing—
(1) earthquake zones and areas subject to landslides and other sub-
stantial 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.
§ 60110. Excess flow valves
(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 sys-
tem 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 regula-
tions on the circumstances under which an operator of a natural gas dis-
694
tribution 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 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 regulations 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 sys-
tem;
(B) safety benefits to be derived from installation; and
(C) costs associated with installation.
(2) The regulations 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 sec-
tion 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 Sec-
retary shall develop standards for the performance of excess flow valves
used to protect lines in a natural gas distribution system. The standards
shall be incorporated into regulations the Secretary prescribes under this
section. All excess flow valves shall be installed according to the standards.
§ 60111. Financial responsibility for liquefied natural gas fa-
cilities
(a) NOTICE.—When the Secretary of Transportation believes that an op-
erator of a liquefied natural gas facility does not have adequate financial
responsibility for the facility, the Secretary may issue a notice to the opera-
tor about the inadequacy and the amount of financial responsibility the Sec-
retary considers adequate.
695
(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 Sec-
retary may issue the order if the Secretary decides it is justified in the pub-
lic interest.
§ 60112. Pipeline facilities hazardous to life and property
(a) GENERAL AUTHORITY.—After notice and an opportunity for a hear-
ing, the Secretary of Transportation may decide a pipeline facility is hazard-
ous 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 con-
structed or operated, with equipment, material, or a technique the Sec-
retary 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 equip-
ment;
(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 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 af-
fected local officials.
696
(d) CORRECTIVE ACTION ORDERS.—If the Secretary decides under sub-
section (a) of this section that a pipeline facility is hazardous, the Secretary
shall order the operator of the facility to take necessary corrective action.
(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 sub-
section shall provide an opportunity for a hearing as soon as practicable
after the order is issued.
§ 60113. Customer-owned natural gas service lines
(a) MAINTENANCE INFORMATION.—Not later than October 24, 1993, the
Secretary of Transportation shall prescribe regulations requiring an opera-
tor 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.
(b) Actions To Promote Safety.—Not later than one year after submit-
ting 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 meas-
ures to improve the safety of customer-owned natural gas service lines.
§ 60114. One-call notification systems
(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 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.
697
(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 sub-
section.
(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, 60122, and 60123 of this title.
(b) GRANTS.—The Secretary may make a grant to a State under this sec-
tion to develop and establish a one-call notification system consistent with
subsection (a) of this section.
(c) MARKING FACILITIES.—On notification by an operator of a damage
prevention program or by a person planning to carry out demolition, exca-
vation, 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.
(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.
(e) RELATIONSHIP TO OTHER LAWS.—This section and regulations pre-
scribed 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.
§ 60115. Technical safety standards committees
(a) ORGANIZATION.—The Technical Pipeline Safety Standards Committee
and the Technical Hazardous Liquid Pipeline Safety Standards Committee
are committees in the Department of Transportation.
(b) COMPOSITION AND APPOINTMENT.—(1) The Technical Pipeline Safe-
ty Standards Committee is composed of 15 members appointed by the Sec-
698
retary 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 appli-
cable to transporting gas or operating a gas pipeline facility, to evaluate gas
pipeline safety standards.
(2) The Technical Hazardous Liquid Pipeline Safety Standards Commit-
tee 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 facil-
ity. Each member must be experienced in the safety regulation of transport-
ing hazardous liquid and of hazardous liquid pipeline facilities or technically
qualified, by training, experience, or knowledge in at least one field of engi-
neering applicable to transporting hazardous liquid or operating a hazardous
liquid pipeline facility, to evaluate hazardous liquid pipeline safety stand-
ards.
(3) The members of each committee are appointed as follows:
(A) 5 individuals selected from departments, agencies, and instru-
mentalities of the United States Government and of the States.
(B) 4 individuals selected from the natural gas or hazardous liquid
industry, as appropriate, after consulting with industry representatives.
(C) 6 individuals selected from the general public.
(4)(A) Two of the individuals selected for each committee under para-
graph (3)(A) of this subsection must be State commissioners. The Secretary
shall consult with the national organization of State commissions (referred
to in section 10344(f) of this title) before selecting those 2 individuals.
(B) At least 3 of the individuals selected for each committee under para-
graph (3)(B) of this subsection must be currently in the active operation
of natural gas pipelines or hazardous liquid pipeline facilities, as appro-
priate.
(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 one individual selected
for each committee under paragraph (3)(C) may not have a financial inter-
est in the pipeline, petroleum, or natural gas industries.
(c) COMMITTEE REPORTS
ON PROPOSED STANDARDS.—(1) The Sec-
retary shall give to—
(A) the Technical Pipeline Safety Standards Committee each stand-
ard proposed under this chapter for transporting gas and for gas pipe-
line facilities; and
699
(B) the Technical Hazardous Liquid Pipeline Safety Standards Com-
mittee each standard proposed under this chapter for transporting haz-
ardous liquid and for hazardous liquid pipeline facilities.
(2) Not later than 90 days after receiving the proposed standard, the ap-
propriate committee shall prepare a report on the technical feasibility, rea-
sonableness, and practicability of the proposed standard. The Secretary
shall publish each report, including 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 rea-
sons.
(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 Com-
mittee 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 stand-
ard for transporting hazardous liquid and for hazardous liquid pipeline fa-
cilities.
(2) If requested by the Secretary, a committee shall make policy develop-
ment recommendations to the Secretary.
(e) MEETINGS.—Each committee shall meet with the Secretary at least
twice annually. Each committee proceeding shall be recorded. The record of
the proceeding shall be available to the public.
(f) PAY AND EXPENSES.—The Secretary may establish the pay for each
member of a committee for each day (including travel time) when perform-
ing 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. A member 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.
§ 60116. Public education programs
Under regulations the Secretary of Transportation prescribes, each per-
son transporting gas shall carry out a program to educate the public on the
possible hazards associated with gas leaks and the importance of reporting
gas odors and leaks to the appropriate authority. The Secretary may de-
velop material suitable for use in the program.
700
§ 60117. Administrative
(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 activi-
ties. 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 transporting gas or hazardous liquid 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 Sec-
retary requires; and
(2) make the records, reports, and information available when the
Secretary requests.
(c) ENTRY AND INSPECTION.—An officer, employee, or agent of the De-
partment of Transportation designated by the Secretary, on display of prop-
er 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 stand-
ards prescribed or orders issued under this chapter.
(d) CONFIDENTIALITY OF INFORMATION.—Information related to a con-
fidential 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 carry-
ing 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 pro-
ceeding resulting from the accident. The officer, employee, or agent may be
required to testify in the proceeding about the facts developed in investigat-
ing 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 relat-
ed 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
701
(2) attempting to negotiate a mutually acceptable plan for testing
with the owner of the facility and, when the Secretary considers appro-
priate, 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, oper-
ations, 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 gov-
ernments, and public and private agencies and persons to develop and
encourage activities, including the enactment of legislation, that will as-
sist 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 au-
thority.
(i) PROMOTING COORDINATION.—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 fa-
cilities about responses to a pipeline accident.
(j) WITHHOLDING INFORMATION FROM CONGRESS.—This section does
not authorize information to be withheld from a committee of Congress au-
thorized to have the information.
§ 60118. Compliance and waivers
(a) GENERAL REQUIREMENTS.—A person transporting gas or hazardous
liquid or owning or operating a pipeline facility shall—
(1) comply with applicable safety standards prescribed under this
chapter, except as provided in this section;
(2) prepare and carry out a plan for inspection and maintenance re-
quired under section 60108(a) and (b) of this title; and
(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.
702
(b) COMPLIANCE ORDERS.—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.
(c) WAIVERS BY SECRETARY.—On application of a person transporting
gas or hazardous liquid or operating a pipeline facility, the Secretary by
order may waive compliance with any part of an applicable standard pre-
scribed 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.
§ 60119. Judicial review
(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 appli-
cation 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 Sec-
retary 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 ad-
versely 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 appro-
703
priate 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.
§ 60120. Enforcement
(a) CIVIL ACTIONS.—(1) On the request of the Secretary of Transpor-
tation, the Attorney General may bring a civil action in an appropriate dis-
trict court of the United States to enforce this chapter or a regulation pre-
scribed or order issued under this chapter. The court may award appro-
priate relief, including punitive damages.
(2) At the request of the Secretary, the Attorney General may bring a
civil action in a district court of the United States to require a person to
comply immediately with a subpena or to allow an officer, employee, or
agent authorized by the Secretary to enter the premises, and inspect the
records and property, of the person to decide whether the person is comply-
ing 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 pun-
ish 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 viola-
tion 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.
§ 60121. Actions by private persons
(a) GENERAL AUTHORITY.—(1) A person may bring a civil action in an
appropriate district court of the United States for an injunction against an-
other person (including the United States Government and other govern-
mental 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 viola-
tion; and
704
(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 At-
torney General may intervene in an action under paragraph (1) of this sub-
section.
(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 sec-
tion, 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.
§ 60122. Civil penalties
(a) GENERAL PENALTIES.—(1) A person that the Secretary of Transpor-
tation decides, after written notice and an opportunity for a hearing, has
violated section 60114(c) 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 $25,000 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 $500,000.
(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.
705
(b) PENALTY CONSIDERATIONS.—In determining the amount of a civil
penalty 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 con-
tinue doing business;
(3) good faith in attempting to comply; and
(4) 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.
§ 60123. Criminal penalties
(a) GENERAL PENALTY.—A person knowingly and willfully violating sec-
tion 60114(c) or 60118(a) 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, or attempting to damage
or destroy, an interstate gas pipeline facility or interstate hazardous liquid
pipeline facility shall be fined under title 18, imprisoned for not more than
15 years, or both.
(c) PENALTY FOR DAMAGING OR DESTROYING SIGN.—A person know-
ingly 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 knowingly and willfully—
706
(1) 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; or
(B) a hazardous liquid pipeline facility that results in the re-
lease of more than 50 barrels of product.
§ 60124. Annual reports
(a) SUBMISSION AND CONTENTS.—The Secretary of Transportation shall
submit to Congress not later than August 15 of each year a report on carry-
ing out this chapter for the prior calendar year for gas and a report on car-
rying out this chapter for the prior calendar year 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 casual-
ties 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, com-
pleted 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 pend-
ing 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.
707
(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 Sec-
retary recommends for that State.
(12) recommendations for legislation the Secretary considers nec-
essary—
(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.
§ 60125. Authorization of appropriations
(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.
(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.
(c) STATE GRANTS.—(1) Not more than the following amounts may be
appropriated to the Secretary to carry out section 60107 of this title:
(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.
708
(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.
(d) GRANTS FOR ONE-CALL NOTIFICATION SYSTEMS.—Not more than
$lllll may be appropriated to the Secretary for the fiscal year end-
ing September 30, 19l, to carry out section 60114(b) of this title.
Amounts under this subsection remain available until expended.
(e) CREDITING APPROPRIATIONS FOR EXPENDITURES FOR TRAINING.—
The Secretary may credit to an appropriation authorized under subsection
(a) or (b) of this section amounts received from sources other than the Gov-
ernment for reimbursement for expenses incurred by the Secretary in pro-
viding training.
(f) AVAILABILITY OF UNUSED AMOUNTS FOR GRANTS.—(1) The Sec-
retary 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 De-
cember 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 chap-
ter.
(4) A State may receive not more than $75,000 under this subsection.
(5) Amounts under this subsection remain available until expended.
CHAPTER 603—USER FEES
Sec.
60301.
User fees.
§ 60301. User fees
(a) SCHEDULE OF FEES.—The Secretary of Transportation shall pre-
scribe a schedule of fees for all natural gas and hazardous liquids trans-
ported by pipelines subject to chapter 601 of this title. The fees shall be
based on usage (in reasonable relationship to volume-miles, miles, revenues,
or a combination of volume-miles, miles, and revenues) of the pipelines. The
Secretary shall consider the allocation of resources of the Department of
Transportation when establishing the schedule.
(b) IMPOSITION AND TIME OF COLLECTION.—A fee shall be imposed on
each person operating a gas pipeline transmission facility, a liquefied natu-
709
ral gas pipeline facility, or a hazardous liquid pipeline facility to which chap-
ter 601 of this title applies. The fee shall be collected before the end of the
fiscal year to which it applies.
(c) MEANS OF COLLECTION.—The Secretary shall prescribe procedures to
collect fees under this section. The Secretary may use a department, agency,
or instrumentality of the United States Government or of a State or local
government to collect the fee and may reimburse the department, agency,
or instrumentality a reasonable amount for its services.
(d) USE OF FEES.—A fee collected under this section—
(1)(A) related to a gas pipeline facility may be used only for an ac-
tivity related to gas under chapter 601 of this title; and
(B) related to a hazardous liquid pipeline facility may be used only
for an activity related to hazardous liquid under chapter 601 of this
title; and
(2) may be used only to the extent provided in advance in an appro-
priation law.
(e) LIMITATIONS.—Fees prescribed under subsection (a) of this section
shall be sufficient to pay for the costs of activities described in subsection
(d) of this section. However, the total amount collected for a fiscal year may
not be more than 105 percent of the total amount of the appropriations
made for the fiscal year for activities to be financed by the fees.
CHAPTER 605—INTERSTATE COMMERCE REGULATION
Sec.
60501.
Secretary of Energy.
60502.
Federal Energy Regulatory Commission.
60503.
Effect of enactment.
§ 60501. Secretary of Energy
Except as provided in section 60502 of this title, the Secretary of Energy
has the duties and powers related to the transportation of oil by pipeline
that were vested on October 1, 1977, in the Interstate Commerce Commis-
sion or the chairman or a member of the Commission.
§ 60502. Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission has the duties and powers
related to the establishment of a rate or charge for the transportation of
oil by pipeline or the valuation of that pipeline that were vested on October
1, 1977, in the Interstate Commerce Commission or an officer or component
of the Interstate Commerce Commission.
§ 60503. Effect of enactment
The enactment of the Act of October 17, 1978 (Public Law 95–473, 92
Stat. 1337), the Act of January 12, 1983 (Public Law 97–449, 96 Stat.
2413), and the Act enacting this section does not repeal, and has no sub-
stantive effect on, any right, obligation, liability, or remedy of an oil pipe-
710
line, including a right, obligation, liability, or remedy arising under the
Interstate Commerce Act or the Act of August 29, 1916 (known as the
Pomerene Bills of Lading Act), before any department, agency, or instru-
mentality of the United States Government, an officer or employee of the
Government, or a court of competent jurisdiction.
SUBTITLE IX—COMMERCIAL SPACE
TRANSPORTATION
CHAPTER
Sec.
701.
COMMERCIAL SPACE LAUNCH ACTIVITIES .........................................
70101
703.
SPACE 
TRANSPORTATION 
INFRASTRUCTURE 
MATCHING
GRANTS.
70301
CHAPTER 701—COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec.
70101.
Findings and purposes.
70102.
Definitions.
70103.
General authority.
70104.
Restrictions on launches and operations.
70105.
License applications and requirements.
70106.
Monitoring activities.
70107.
Effective periods, and modifications, suspensions, and revocations, of licenses.
70108.
Prohibition, suspension, and end of launches and operation of launch sites.
70109.
Preemption of scheduled launches.
70110.
Administrative hearings and judicial review.
70111.
Acquiring United States Government property and services.
70112.
Liability insurance and financial responsibility requirements.
70113.
Paying claims exceeding liability insurance and financial responsibility requirements.
70114.
Disclosing information.
70115.
Enforcement and penalty.
70116.
Consultation.
70117.
Relationship to other executive agencies, laws, and international obligations.
70118.
User fees.
70119.
Authorization of appropriations.
§ 70101. Findings and purposes
(a) FINDINGS.—Congress finds that—
(1) the peaceful uses of outer space continue to be of great value
and to offer benefits to all mankind;
(2) private applications of space technology have achieved a signifi-
cant level of commercial and economic activity and offer the potential
for growth in the future, particularly in the United States;
(3) new and innovative equipment and services are being sought,
produced, and offered by entrepreneurs in telecommunications, infor-
mation services, and remote sensing technologies;
(4) the private sector in the United States has the capability of de-
veloping and providing private satellite launching and associated serv-
ices that would complement the launching and associated services now
available from the United States Government;
(5) the development of commercial launch vehicles and associated
services would enable the United States to retain its competitive posi-
tion internationally, contributing to the national interest and economic
well-being of the United States;
711
(6) providing launch services by the private sector is consistent with
the national security and foreign policy interests of the United States
and would be facilitated by stable, minimal, and appropriate regulatory
guidelines that are fairly and expeditiously applied;
(7) the United States should encourage private sector launches and
associated services and, only to the extent necessary, regulate those
launches and services to ensure compliance with international obliga-
tions of the United States and to protect the public health and safety,
safety of property, and national security and foreign policy interests of
the United States;
(8) space transportation, including the establishment and operation
of launch sites and complementary facilities, the providing of launch
services, the establishment of support facilities, and the providing of
support services, is an important element of the transportation system
of the United States, and in connection with the commerce of the Unit-
ed States there is a need to develop a strong space transportation in-
frastructure with significant private sector involvement; and
(9) the participation of State governments in encouraging and facili-
tating private sector involvement in space-related activity, particularly
through the establishment of a space transportation-related infrastruc-
ture, including launch sites, complementary facilities, and launch site
support facilities, is in the national interest and is of significant public
benefit.
(b) PURPOSES.—The purposes of this chapter are—
(1) to promote economic growth and entrepreneurial activity through
use of the space environment for peaceful purposes;
(2) to encourage the United States private sector to provide launch
vehicles and associated services by—
(A) simplifying and expediting the issuance and transfer of com-
mercial launch licenses; and
(B) facilitating and encouraging the use of Government-devel-
oped space technology;
(3) to provide that the Secretary of Transportation is to oversee and
coordinate the conduct of commercial launch operations, issue and
transfer commercial launch licenses authorizing those operations, and
protect the public health and safety, safety of property, and national
security and foreign policy interests of the United States; and
(4) to facilitate the strengthening and expansion of the United
States space transportation infrastructure, including the enhancement
of United States launch sites and launch-site support facilities, with
712
Government, State, and private sector involvement, to support the full
range of United States space-related activities.
§ 70102. Definitions
In this chapter—
(1) ‘‘citizen of the United States’’ means—
(A) an individual who is a citizen of the United States;
(B) an entity organized or existing under the laws of the United
States or a State; or
(C) an entity organized or existing under the laws of a foreign
country if the controlling interest (as defined by the Secretary of
Transportation) is held by an individual or entity described in
subclause (A) or (B) of this clause.
(2) ‘‘executive agency’’ has the same meaning given that term in sec-
tion 105 of title 5.
(3) ‘‘launch’’ means to place or try to place a launch vehicle and any
payload—
(A) in a suborbital trajectory;
(B) in Earth orbit in outer space; or
(C) otherwise in outer space.
(4) ‘‘launch property’’ means an item built for, or used in, the
launch preparation or launch of a launch vehicle.
(5) ‘‘launch services’’ means—
(A) activities involved in the preparation of a launch vehicle and
payload for launch; and
(B) the conduct of a launch.
(6) ‘‘launch site’’ means the location on Earth from which a launch
takes place (as defined in a license the Secretary issues or transfers
under this chapter) and necessary facilities.
(7) ‘‘launch vehicle’’ means—
(A) a vehicle built to operate in, or place a payload in, outer
space; and
(B) a suborbital rocket.
(8) ‘‘payload’’ means an object that a person undertakes to place in
outer space by means of a launch vehicle, including components of the
vehicle specifically designed or adapted for that object.
(9) ‘‘person’’ means an individual and an entity organized or existing
under the laws of a State or country.
(10) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, and a territory or possession of the United States.
(11) ‘‘third party’’ means a person except—
713
(A) the United States Government or the Government’s contrac-
tors or subcontractors involved in launch services;
(B) a licensee or transferee under this chapter;
(C) a licensee’s or transferee’s contractors, subcontractors, or
customers involved in launch services; or
(D) the customer’s contractors or subcontractors involved in
launch services.
(12) ‘‘United States’’ means the States of the United States, the
District of Columbia, and the territories and possessions of the United
States.
§ 70103. General authority
(a) GENERAL.—The Secretary of Transportation shall carry out this
chapter.
(b) FACILITATING COMMERCIAL LAUNCHES.—In carrying out this chap-
ter, the Secretary shall—
(1) encourage, facilitate, and promote commercial space launches by
the private sector; and
(2) take actions to facilitate private sector involvement in commercial
space transportation activity, and to promote public-private partner-
ships involving the United States Government, State governments, and
the private sector to build, expand, modernize, or operate a space
launch infrastructure.
(c) EXECUTIVE AGENCY ASSISTANCE.—When necessary, the head of an
executive agency shall assist the Secretary in carrying out this chapter.
§ 70104. Restrictions on launches and operations
(a) LICENSE REQUIREMENT.—A license issued or transferred under this
chapter is required for the following:
(1) for a person to launch a launch vehicle or to operate a launch
site in the United States.
(2) for a citizen of the United States (as defined in section
70102(1)(A) or (B) of this title) to launch a launch vehicle or to oper-
ate a launch site outside the United States.
(3) for a citizen of the United States (as defined in section
70102(1)(C) of this title) to launch a launch vehicle or to operate a
launch site outside the United States and outside the territory of a for-
eign country unless there is an agreement between the United States
Government and the government of the foreign country providing that
the government of the foreign country has jurisdiction over the launch
or operation.
(4) for a citizen of the United States (as defined in section
70102(1)(C) of this title) to launch a launch vehicle or to operate a
714
launch site in the territory of a foreign country if there is an agreement
between the United States Government and the government of the for-
eign country providing that the United States Government has jurisdic-
tion over the launch or operation.
(b) COMPLIANCE WITH PAYLOAD REQUIREMENTS.—The holder of a
launch license under this chapter may launch a payload only if the payload
complies with all requirements of the laws of the United States related to
launching a payload.
(c) PREVENTING LAUNCHES.—The Secretary of Transportation shall es-
tablish whether all required licenses, authorizations, and permits required
for a payload have been obtained. If no license, authorization, or permit is
required, the Secretary may prevent the launch if the Secretary decides the
launch would jeopardize the public health and safety, safety of property, or
national security or foreign policy interest of the United States.
§ 70105. License applications and requirements
(a) APPLICATIONS.—A person may apply to the Secretary of Transpor-
tation for a license or transfer of a license under this chapter in the form
and way the Secretary prescribes. Consistent with the public health and
safety, safety of property, and national security and foreign policy interests
of the United States, the Secretary, not later than 180 days after receiving
an application, shall issue or transfer a license if the Secretary decides in
writing that the applicant complies, and will continue to comply, with this
chapter and regulations prescribed under this chapter. The Secretary shall
inform the applicant of any pending issue and action required to resolve the
issue if the Secretary has not made a decision not later than 120 days after
receiving an application.
(b) REQUIREMENTS.—(1) Except as provided in this subsection, all re-
quirements of the laws of the United States applicable to the launch of a
launch vehicle or the operation of a launch site are requirements for a li-
cense under this chapter.
(2) The Secretary may prescribe—
(A) any term necessary to ensure compliance with this chapter, in-
cluding on-site verification that a launch or operation complies with
representations stated in the application;
(B) an additional requirement necessary to protect the public health
and safety, safety of property, national security interests, and foreign
policy interests of the United States; and
(C) by regulation that a requirement of a law of the United States
not be a requirement for a license if the Secretary, after consulting
with the head of the appropriate executive agency, decides that the re-
quirement is not necessary to protect the public health and safety, safe-
715
ty of property, and national security and foreign policy interests of the
United States.
(3) The Secretary may waive a requirement for an individual applicant
if the Secretary decides that the waiver is in the public interest and will
not jeopardize the public health and safety, safety of property, and national
security and foreign policy interests of the United States.
(c) PROCEDURES AND TIMETABLES.—The Secretary shall establish pro-
cedures and timetables that expedite review of a license application and re-
duce the regulatory burden for an applicant.
§ 70106. Monitoring activities
(a) GENERAL REQUIREMENTS.—A licensee under this chapter must allow
the Secretary of Transportation to place an officer or employee of the Unit-
ed States Government or another individual as an observer at a launch site
the licensee uses, at a production facility or assembly site a contractor of
the licensee uses to produce or assemble a launch vehicle, or at a site at
which a payload is integrated with a launch vehicle. The observer will mon-
itor the activity of the licensee or contractor at the time and to the extent
the Secretary considers reasonable to ensure compliance with the license or
to carry out the duties of the Secretary under section 70104(c) of this title.
A licensee must cooperate with an observer carrying out this subsection.
(b) CONTRACTS.—To the extent provided in advance in an appropriation
law, the Secretary may make a contract with a person to carry out sub-
section (a) of this section.
§ 70107. Effective periods, and modifications, suspensions,
and revocations, of licenses
(a) EFFECTIVE PERIODS OF LICENSES.—The Secretary of Transpor-
tation shall specify the period for which a license issued or transferred
under this chapter is in effect.
(b) MODIFICATIONS.—On the initiative of the Secretary or on application
of the licensee, the Secretary may modify a license issued or transferred
under this chapter if the Secretary decides the modification will comply with
this chapter.
(c) SUSPENSIONS AND REVOCATIONS.—The Secretary may suspend or re-
voke a license if the Secretary decides that—
(1) the licensee has not complied substantially with a requirement of
this chapter or a regulation prescribed under this chapter; or
(2) the suspension or revocation is necessary to protect the public
health and safety, the safety of property, or a national security or for-
eign policy interest of the United States.
(d) EFFECTIVE PERIODS OF MODIFICATIONS, SUSPENSIONS, AND REV-
OCATIONS.—Unless the Secretary specifies otherwise, a modification, sus-
716
pension, or revocation under this section takes effect immediately and re-
mains in effect during a review under section 70110 of this title.
(e) NOTIFICATION.—The Secretary shall notify the licensee in writing of
the decision of the Secretary under this section and any action the Secretary
takes or proposes to take based on the decision.
§ 70108. Prohibition, suspension, and end of launches and
operation of launch sites
(a) GENERAL AUTHORITY.—The Secretary of Transportation may pro-
hibit, suspend, or end immediately the launch of a launch vehicle or the op-
eration of a launch site licensed under this chapter if the Secretary decides
the launch or operation is detrimental to the public health and safety, the
safety of property, or a national security or foreign policy interest of the
United States.
(b) EFFECTIVE PERIODS OF ORDERS.—An order under this section takes
effect immediately and remains in effect during a review under section
70110 of this title.
§ 70109. Preemption of scheduled launches
(a) GENERAL.—With the cooperation of the Secretary of Defense and the
Administrator of the National Aeronautics and Space Administration, the
Secretary of Transportation shall act to ensure that a launch of a payload
is not preempted from access to a United States Government launch site
or launch property, except for imperative national need, when a launch date
commitment from the Government has been obtained for a launch licensed
under this chapter. A licensee or transferee preempted from access to a
launch site or launch property does not have to pay the Government any
amount for launch services attributable only to the scheduled launch pre-
vented by the preemption.
(b) IMPERATIVE NATIONAL NEED DECISIONS.—In consultation with the
Secretary of Transportation, the Secretary of Defense or the Administrator
shall decide when an imperative national need requires preemption under
subsection (a) of this section. That decision may not be delegated.
(c) REPORTS.—In cooperation with the Secretary of Transportation, the
Secretary of Defense or the Administrator, as appropriate, shall submit to
Congress not later than 7 days after a decision to preempt under subsection
(a) of this section, a report that includes an explanation of the cir-
cumstances justifying the decision and a schedule for ensuring the prompt
launching of a preempted payload.
§ 70110. Administrative hearings and judicial review
(a) ADMINISTRATIVE HEARINGS.—The Secretary of Transportation shall
provide an opportunity for a hearing on the record to—
717
(1) an applicant under this chapter, for a decision of the Secretary
under section 70105(a) of this title to issue or transfer a license with
terms or deny the issuance or transfer of a license;
(2) an owner or operator of a payload under this chapter, for a deci-
sion of the Secretary under section 70104(c) of this title to prevent the
launch of the payload; and
(3) a licensee under this chapter, for a decision of the Secretary
under—
(A) section 70107 (b) or (c) of this title to modify, suspend, or
revoke a license; or
(B) section 70108(a) of this title to prohibit, suspend, or end
a launch or operation of a launch site licensed by the Secretary.
(b) JUDICIAL REVIEW.—A final action of the Secretary under this chap-
ter is subject to judicial review as provided in chapter 7 of title 5.
§ 70111. Acquiring United States Government property and
services
(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—(1) The Secretary
of Transportation shall facilitate and encourage the acquisition by the pri-
vate sector and State governments of—
(A) launch property of the United States Government that is excess
or otherwise is not needed for public use; and
(B) launch services, including utilities, of the Government otherwise
not needed for public use.
(2) In acting under paragraph (1) of this subsection, the Secretary shall
consider the commercial availability on reasonable terms of substantially
equivalent launch property or launch services from a domestic source.
(b) PRICE.—(1) In this subsection, ‘‘direct costs’’ means the actual costs
that—
(A) can be associated unambiguously with a commercial launch ef-
fort; and
(B) the Government would not incur if there were no commercial
launch effort.
(2) In consultation with the Secretary, the head of the executive agency
providing the property or service under subsection (a) of this section shall
establish the price for the property or service. The price for—
(A) acquiring launch property by sale or transaction instead of sale
is the fair market value;
(B) acquiring launch property (except by sale or transaction instead
of sale) is an amount equal to the direct costs, including specific wear
and tear and property damage, the Government incurred because of ac-
quisition of the property; and
718
(C) launch services is an amount equal to the direct costs, including
the basic pay of Government civilian and contractor personnel, the Gov-
ernment incurred because of acquisition of the services.
(c) COLLECTION BY SECRETARY.—The Secretary may collect a payment
under this section with the consent of the head of the executive agency es-
tablishing the price. Amounts collected under this subsection shall be depos-
ited in the Treasury. Amounts (except for excess launch property) shall be
credited to the appropriation from which the cost of providing the property
or services was paid.
(d) COLLECTION BY OTHER GOVERNMENTAL HEADS.—The head of a de-
partment, agency, or instrumentality of the Government may collect a pay-
ment for an activity involved in producing a launch vehicle or its payload
for launch if the activity was agreed to by the owner or manufacturer of
the launch vehicle or payload.
§ 70112. Liability insurance and financial responsibility re-
quirements
(a) GENERAL REQUIREMENTS.—(1) When a license is issued or trans-
ferred under this chapter, the licensee or transferee shall obtain liability in-
surance or demonstrate financial responsibility in amounts to compensate
for the maximum probable loss from claims by—
(A) a third party for death, bodily injury, or property damage or loss
resulting from an activity carried out under the license; and
(B) the United States Government against a person for damage or
loss to Government property resulting from an activity carried out
under the license.
(2) The Secretary of Transportation shall determine the amounts re-
quired under paragraph (1)(A) and (B) of this subsection, after consulting
with the Administrator of the National Aeronautics and Space Administra-
tion, the Secretary of the Air Force, and the heads of other appropriate ex-
ecutive agencies.
(3) For the total claims related to one launch, a licensee or transferee
is not required to obtain insurance or demonstrate financial responsibility
of more than—
(A)(i) $500,000,000 under paragraph (1)(A) of this subsection; or
(ii) $100,000,000 under paragraph (1)(B) of this subsection; or
(B) the maximum liability insurance available on the world market
at reasonable cost if the amount is less than the applicable amount in
clause (A) of this paragraph.
(4) An insurance policy or demonstration of financial responsibility under
this subsection shall protect the following, to the extent of their potential
liability for involvement in launch services, at no cost to the Government:
719
(A) the Government.
(B) executive agencies and personnel, contractors, and subcontrac-
tors of the Government.
(C) contractors, subcontractors, and customers of the licensee or
transferee.
(D) contractors and subcontractors of the customer.
(b) RECIPROCAL WAIVER OF CLAIMS.—(1) A license issued or transferred
under this chapter shall contain a provision requiring the licensee or trans-
feree to make a reciprocal waiver of claims with its contractors, subcontrac-
tors, and customers, and contractors and subcontractors of the customers,
involved in launch services under which each party to the waiver agrees to
be responsible for property damage or loss it sustains, or for personal injury
to, death of, or property damage or loss sustained by its own employees re-
sulting from an activity carried out under the license.
(2) The Secretary of Transportation shall make, for the Government, ex-
ecutive agencies of the Government involved in launch services, and contrac-
tors and subcontractors involved in launch services, a reciprocal waiver of
claims with the licensee or transferee, contractors, subcontractors, and cus-
tomers of the licensee or transferee, and contractors and subcontractors of
the customers, involved in launch services under which each party to the
waiver agrees to be responsible for property damage or loss it sustains, or
for personal injury to, death of, or property damage or loss sustained by
its own employees resulting from an activity carried out under the license.
The waiver applies only to the extent that claims are more than the amount
of insurance or demonstration of financial responsibility required under sub-
section (a)(1)(B) of this section. After consulting with the Administrator
and the Secretary of the Air Force, the Secretary of Transportation may
waive, for the Government and a department, agency, and instrumentality
of the Government, the right to recover damages for damage or loss to Gov-
ernment property to the extent insurance is not available because of a policy
exclusion the Secretary of Transportation decides is usual for the type of
insurance involved.
(c) DETERMINATION OF MAXIMUM PROBABLE LOSSES.—The Secretary
of Transportation shall determine the maximum probable losses under sub-
section (a)(1)(A) and (B) of this section associated with an activity under
a license not later than 90 days after a licensee or transferee requires a
determination and submits all information the Secretary requires. The Sec-
retary shall amend the determination as warranted by new information.
(d) ANNUAL REPORT.—(1) Not later than November 15 of each year, the
Secretary of Transportation shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science,
720
Space, and Technology of the House of Representatives a report on current
determinations made under subsection (c) of this section related to all is-
sued licenses and the reasons for the determinations.
(2) Not later than May 15 of each year, the Secretary of Transportation
shall review the amounts specified in subsection (a)(3)(A) of this section
and submit a report to Congress that contains proposed adjustments in the
amounts to conform with changed liability expectations and availability of
insurance on the world market. The proposed adjustment takes effect 30
days after a report is submitted.
(e) LAUNCHES INVOLVING GOVERNMENT FACILITIES
AND PERSON-
NEL.—The Secretary of Transportation shall establish requirements consist-
ent with this chapter for proof of financial responsibility and other assur-
ances necessary to protect the Government and its executive agencies and
personnel from liability, death, bodily injury, or property damage or loss as
a result of a launch or operation of a launch site involving a facility or per-
sonnel of the Government. The Secretary may not relieve the Government
of liability under this subsection for death, bodily injury, or property dam-
age or loss resulting from the willful misconduct of the Government or its
agents.
(f) COLLECTION AND CREDITING PAYMENTS.—The head of a depart-
ment, agency, or instrumentality of the Government shall collect a payment
owed for damage or loss to Government property under its jurisdiction or
control resulting from an activity carried out under a license issued or
transferred under this chapter. The payment shall be credited to the current
applicable appropriation, fund, or account of the department, agency, or in-
strumentality.
§ 70113. Paying claims exceeding liability insurance and fi-
nancial responsibility requirements
(a) GENERAL REQUIREMENTS.—(1) To the extent provided in advance in
an appropriation law or to the extent additional legislative authority is en-
acted providing for paying claims in a compensation plan submitted under
subsection (d) of this section, the Secretary of Transportation shall provide
for the payment by the United States Government of a successful claim (in-
cluding reasonable litigation or settlement expenses) of a third party against
a licensee or transferee under this chapter, a contractor, subcontractor, or
customer of the licensee or transferee, or a contractor or subcontractor of
a customer, resulting from an activity carried out under the license issued
or transferred under this chapter for death, bodily injury, or property dam-
age or loss resulting from an activity carried out under the license. How-
ever, claims may be paid under this section only to the extent the total
amount of successful claims related to one launch—
721
(A) is more than the amount of insurance or demonstration of finan-
cial responsibility required under section 70112(a)(1)(A) of this title;
and
(B) is not more than $1,500,000,000 (plus additional amounts nec-
essary to reflect inflation occurring after January 1, 1989) above that
insurance or financial responsibility amount.
(2) The Secretary may not provide for paying a part of a claim for which
death, bodily injury, or property damage or loss results from willful mis-
conduct by the licensee or transferee. To the extent insurance required
under section 70112(a)(1)(A) of this title is not available to cover a success-
ful third party liability claim because of an insurance policy exclusion the
Secretary decides is usual for the type of insurance involved, the Secretary
may provide for paying the excluded claims without regard to the limitation
contained in section 70112(a)(1).
(b) NOTICE, PARTICIPATION, AND APPROVAL.—Before a payment under
subsection (a) of this section is made—
(1) notice must be given to the Government of a claim, or a civil
action related to the claim, against a party described in subsection
(a)(1) of this section for death, bodily injury, or property damage or
loss;
(2) the Government must be given an opportunity to participate or
assist in the defense of the claim or action; and
(3) the Secretary must approve any part of a settlement to be paid
out of appropriations of the Government.
(c) WITHHOLDING PAYMENTS.—The Secretary may withhold a payment
under subsection (a) of this section if the Secretary certifies that the
amount is not reasonable. However, the Secretary shall deem to be reason-
able the amount of a claim finally decided by a court of competent jurisdic-
tion.
(d) SURVEYS, REPORTS, AND COMPENSATION PLANS.—(1) If as a result
of an activity carried out under a license issued or transferred under this
chapter the total of claims related to one launch is likely to be more than
the amount of required insurance or demonstration of financial responsibil-
ity, the Secretary shall—
(A) survey the causes and extent of damage; and
(B) submit expeditiously to Congress a report on the results of the
survey.
(2) Not later than 90 days after a court determination indicates that the
liability for the total of claims related to one launch may be more than the
required amount of insurance or demonstration of financial responsibility,
722
the President, on the recommendation of the Secretary, shall submit to Con-
gress a compensation plan that—
(A) outlines the total dollar value of the claims;
(B) recommends sources of amounts to pay for the claims;
(C) includes legislative language required to carry out the plan if ad-
ditional legislative authority is required; and
(D) for a single event or incident, may not be for more than
$1,500,000,000.
(3) A compensation plan submitted to Congress under paragraph (2) of
this subsection shall—
(A) have an identification number; and
(B) be submitted to the Senate and the House of Representatives
on the same day and when the Senate and House are in session.
(e) CONGRESSIONAL RESOLUTIONS.—(1) In this subsection, ‘‘resolu-
tion’’—
(A) means a joint resolution of Congress the matter after the resolv-
ing clause of which is as follows: ‘‘That the Congress approves the com-
pensation plan numbered lllll submitted to the Congress on
lllll ll, l9ll.’’, with the blank spaces being filled appro-
priately; but
(B) does not include a resolution that includes more than one com-
pensation plan.
(2) The Senate shall consider under this subsection a compensation plan
requiring additional appropriations or legislative authority not later than 60
calendar days of continuous session of Congress after the date on which the
plan is submitted to Congress.
(3) A resolution introduced in the Senate shall be referred immediately
to a committee by the President of the Senate. All resolutions related to
the same plan shall be referred to the same committee.
(4)(A) If the committee of the Senate to which a resolution has been re-
ferred does not report the resolution within 20 calendar days after it is re-
ferred, a motion is in order to discharge the committee from further consid-
eration of the resolution or to discharge the committee from further consid-
eration of the plan.
(B) A motion to discharge may be made only by an individual favoring
the resolution and is highly privileged (except that the motion may not be
made after the committee has reported a resolution on the plan). Debate
on the motion is limited to one hour, to be divided equally between those
favoring and those opposing the resolution. An amendment to the motion
is not in order. A motion to reconsider the vote by which the motion is
agreed to or disagreed to is not in order.
723
(C) If the motion to discharge is agreed to or disagreed to, the motion
may not be renewed and another motion to discharge the committee from
another resolution on the same plan may not be made.
(5)(A) After a committee of the Senate reports, or is discharged from fur-
ther consideration of, a resolution, a motion to proceed to the consideration
of the resolution is in order at any time, even though a similar previous mo-
tion has been disagreed to. The motion is highly privileged and is not debat-
able. An amendment to the motion is not in order. A motion to reconsider
the vote by which the motion is agreed to or disagreed to is not in order.
(B) Debate on the resolution referred to in subparagraph (A) of this
paragraph is limited to not more than 10 hours, to be divided equally be-
tween those favoring and those opposing the resolution. A motion further
to limit debate is not debatable. An amendment to, or motion to recommit,
the resolution is not in order. A motion to reconsider the vote by which the
resolution is agreed to or disagreed to is not in order.
(6) The following shall be decided in the Senate without debate:
(A) a motion to postpone related to the discharge from committee.
(B) a motion to postpone consideration of a resolution.
(C) a motion to proceed to the consideration of other business.
(D) an appeal from a decision of the chair related to the application
of the rules of the Senate to the procedures related to resolution.
(f) APPLICATION.—This section applies to a license issued or transferred
under this chapter for which the Secretary receives a complete and valid ap-
plication not later than December 31, 1999.
§ 70114. Disclosing information
The Secretary of Transportation, an officer or employee of the United
States Government, or a person making a contract with the Secretary under
section 70106(b) of this title may disclose information under this chapter
that qualifies for an exemption under section 552(b)(4) of title 5 or is des-
ignated as confidential by the person or head of the executive agency provid-
ing the information only if the Secretary decides withholding the informa-
tion is contrary to the public or national interest.
§ 70115. Enforcement and penalty
(a) PROHIBITIONS.—A person may not violate this chapter, a regulation
prescribed under this chapter, or any term of a license issued or transferred
under this chapter.
(b) GENERAL AUTHORITY.—(1) In carrying out this chapter, the Sec-
retary of Transportation may—
(A) conduct investigations and inquiries;
(B) administer oaths;
(C) take affidavits; and
724
(D) under lawful process—
(i) enter at a reasonable time a launch site, production facility,
assembly site of a launch vehicle, or site at which a payload is in-
tegrated with a launch vehicle to inspect an object to which this
chapter applies or a record or report the Secretary requires be
made or kept under this chapter; and
(ii) seize the object, record, or report when there is probable
cause to believe the object, record, or report was used, is being
used, or likely will be used in violation of this chapter.
(2) The Secretary may delegate a duty or power under this chapter relat-
ed to enforcement to an officer or employee of another executive agency with
the consent of the head of the agency.
(c) CIVIL PENALTY.—(1) After notice and an opportunity for a hearing
on the record, a person the Secretary finds to have violated subsection (a)
of this section is liable to the United States Government for a civil penalty
of not more than $100,000. A separate violation occurs for each day the
violation continues.
(2) In conducting a hearing under paragraph (1) of this subsection, the
Secretary may—
(A) subpena witnesses and records; and
(B) enforce a subpena in an appropriate district court of the United
States.
(3) The Secretary shall impose the civil penalty by written notice. The
Secretary may compromise or remit a penalty imposed, or that may be im-
posed, under this section.
(4) The Secretary shall recover a civil penalty not paid after the penalty
is final or after a court enters a final judgment for the Secretary.
§ 70116. Consultation
(a) MATTERS
AFFECTING
NATIONAL
SECURITY.—The Secretary of
Transportation shall consult with the Secretary of Defense on a matter
under this chapter affecting national security. The Secretary of Defense
shall identify and notify the Secretary of Transportation of a national secu-
rity interest relevant to an activity under this chapter.
(b) MATTERS AFFECTING FOREIGN POLICY.—The Secretary of Trans-
portation shall consult with the Secretary of State on a matter under this
chapter affecting foreign policy. The Secretary of State shall identify and
notify the Secretary of Transportation of a foreign policy interest or obliga-
tion relevant to an activity under this chapter.
(c) OTHER MATTERS.—In carrying out this chapter, the Secretary of
Transportation shall consult with the head of another executive agency—
725
(1) to provide consistent application of licensing requirements under
this chapter;
(2) to ensure fair treatment for all license applicants; and
(3) when appropriate.
§ 70117. Relationship to other executive agencies, laws, and
international obligations
(a) EXECUTIVE AGENCIES.—Except as provided in this chapter, a person
is not required to obtain from an executive agency a license, approval, waiv-
er, or exemption to launch a launch vehicle or operate a launch site.
(b) FEDERAL COMMUNICATIONS COMMISSION AND SECRETARY OF COM-
MERCE.—This chapter does not affect the authority of—
(1) the Federal Communications Commission under the Communica-
tions Act of 1934 (47 U.S.C. 151 et seq.); or
(2) the Secretary of Commerce under the Land Remote-Sensing
Commercialization Act of 1984 (15 U.S.C. 4201 et seq.).
(c) STATES AND POLITICAL SUBDIVISIONS.—A State or political subdivi-
sion of a State—
(1) may not adopt or have in effect a law, regulation, standard, or
order inconsistent with this chapter; but
(2) may adopt or have in effect a law, regulation, standard, or order
consistent with this chapter that is in addition to or more stringent
than a requirement of, or regulation prescribed under, this chapter.
(d) CONSULTATION.—The Secretary of Transportation is encouraged to
consult with a State to simplify and expedite the approval of a space launch
activity.
(e) FOREIGN COUNTRIES.—The Secretary of Transportation shall—
(1) carry out this chapter consistent with an obligation the United
States Government assumes in a treaty, convention, or agreement in
force between the Government and the government of a foreign coun-
try; and
(2) consider applicable laws and requirements of a foreign country
when carrying out this chapter.
(f) LAUNCH NOT
AN EXPORT.—A launch vehicle or payload that is
launched is not, because of the launch, an export for purposes of a law con-
trolling exports.
(g) NONAPPLICATION.—This chapter does not apply to—
(1) a launch, operation of a launch vehicle or launch site, or other
space activity the Government carries out for the Government; or
(2) planning or policies related to the launch, operation, or activity.
726
§ 70118. User fees
The Secretary of Transportation may collect a user fee for a regulatory
or other service conducted under this chapter only if specifically authorized
by this chapter.
§ 70119. Authorization of appropriations
The following amounts may be appropriated to the Secretary of Transpor-
tation for the fiscal year ending September 30, 1993:
(1) $4,900,000 to carry out this chapter.
(2) $20,000,000 for a program to ensure the resiliency of the space
launch infrastructure of the United States if a law is enacted to estab-
lish that program in the Department of Transportation.
CHAPTER 703—SPACE TRANSPORTATION
INFRASTRUCTURE MATCHING GRANTS
Sec.
70301.
Definitions.
70302.
Grant authority.
70303.
Grant applications.
70304.
Environmental requirements.
70305.
Authorization of appropriations.
§ 70301. Definitions
In this chapter—
(1) the definitions in section 502 of the National Aeronautics and
Space Administration Authorization Act, Fiscal Year 1993 (15 U.S.C.
5802) apply.
(2) ‘‘commercial space transportation infrastructure development’’
includes—
(A) construction, improvement, design, and engineering of space
transportation infrastructure in the United States; and
(B) technical studies to define how new or enhanced space
transportation infrastructure can best meet the needs of the Unit-
ed States commercial space transportation industry.
(3) ‘‘project’’ means a project (or separate projects submitted to-
gether) to carry out commercial space transportation infrastructure de-
velopment, including the combined submission of all projects to be un-
dertaken at a particular site in a fiscal year.
(4) ‘‘project grant’’ means a grant of an amount by the Secretary
of Transportation to a sponsor for one or more projects.
(5) ‘‘public agency’’ means a State or an agency of a State, a politi-
cal subdivision of a State, or a tax-supported organization.
(6) ‘‘sponsor’’ means a public agency that, individually or jointly
with one or more other public agencies, submits to the Secretary under
this chapter an application for a project grant.
727
§ 70302. Grant authority
(a) GENERAL AUTHORITY.—To ensure the resiliency of the space trans-
portation infrastructure of the United States, the Secretary of Transpor-
tation may make project grants to sponsors as provided in this chapter.
(b) LIMITATIONS.—The Secretary may make a project grant under this
chapter only if—
(1) at least 10 percent of the total cost of the project will be paid
by the private sector; and
(2) the grant will not be for more than 50 percent of the total cost
of the project.
§ 70303. Grant applications
(a) GENERAL.—A sponsor may submit to the Secretary of Transportation
an application for a project grant. The application must state the project
to be undertaken and be in the form and contain the information the Sec-
retary requires.
(b) CONSIDERATIONS AND CONSULTATION.—(1) In selecting proposed
projects for grants under this section, the Secretary of Transportation shall
consider—
(A) the contribution of the project to industry capabilities that serve
the United States Government’s space transportation needs;
(B) the extent of industry’s financial contribution to the project;
(C) the extent of industry’s participation in the project;
(D) the positive impact of the project on the international competi-
tiveness of the United States space transportation industry;
(E) the extent of State contributions to the project; and
(F) the impact of the project on launch operations and other activi-
ties at Government launch ranges.
(2) The Secretary of Transportation shall consult with the Secretary of
Defense, the Administrator of the National Space and Aeronautics Adminis-
tration, and the heads of other appropriate agencies of the Government
about paragraph (1)(A) and (F) of this subsection.
(c) REQUIREMENTS.—The Secretary of Transportation may approve an
application only if the Secretary is satisfied that—
(1) the project will contribute to the purposes of this chapter;
(2) the project is reasonably consistent with plans (existing at the
time of approval of the project) of public agencies that are—
(A) authorized by the State in which the project is located; and
(B) responsible for the development of the area surrounding the
project site;
(3) if the application proposes to use Government property, the spe-
cific consent of the head of the appropriate agency has been obtained;
728
(4) the project will be completed without unreasonable delay;
(5) the sponsor submitting the application has the legal authority to
engage in the project; and
(6) any additional requirements prescribed by the Secretary have
been met.
(d) PREFERENCE
FOR INDUSTRY CONTRIBUTIONS.—The Secretary of
Transportation shall give preference to applications for projects for which
there will be greater industry financial contributions, all other factors being
equal.
§ 70304. Environmental requirements
(a) POLICY.—It is the policy of the United States that projects selected
under this chapter shall provide for the protection and enhancement of the
natural resources and the quality of the environment of the United States.
In carrying out this policy, the Secretary of Transportation shall consult
with the Secretary of the Interior and the Administrator of the Environ-
mental Protection Agency about a project that may have a significant effect
on natural resources, including fish and wildlife, natural, scenic, and rec-
reational assets, water and air quality, and other factors affecting the envi-
ronment. If the Secretary of Transportation finds that a project will have
a significant adverse effect, the Secretary may approve the application for
the project only if, after a complete review that is a matter of public record,
the Secretary makes a written finding that no feasible and prudent alter-
native to the project exists and that all reasonable steps have been taken
to minimize the adverse effect.
(b) PUBLIC HEARING REQUIREMENT.—The Secretary of Transportation
may approve an application only if the sponsor of the project certifies to
the Secretary that an opportunity for a public hearing has been provided
to consider the economic, social, and environmental effects of the project
and its consistency with the goals of any planning carried out by the com-
munity. When a hearing is held under this paragraph, the sponsor shall sub-
mit a copy of the transcript of the hearing to the Secretary.
(c) COMPLIANCE WITH AIR AND WATER QUALITY STANDARDS.—(1) The
Secretary of Transportation may approve an application only if the chief ex-
ecutive officer of the State in which the project is located certifies in writing
to the Secretary that there is reasonable assurance that the project will be
located, designed, constructed, and operated to comply with applicable air
and water quality standards. If the Administrator has not prescribed those
standards, certification shall be obtained from the Administrator. Notice of
certification or refusal to certify shall be provided not later than 60 days
after the Secretary receives the application.
729
(2) The Secretary of Transportation shall condition the approval of an
application on compliance with applicable air and water quality standards
during construction and operation.
(d) COMPLIANCE WITH LAWS AND REGULATIONS.—The Secretary of
Transportation may require a certification from a sponsor that the sponsor
will comply with all applicable laws and regulations. The Secretary may re-
scind at any time acceptance of a certification from a sponsor under this
subsection. This subsection does not affect any responsibility of the Sec-
retary under another law, including—
(1) section 303 of this title;
(2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.);
(3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.);
(4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.); and
(5) the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.).
§ 70305. Authorization of appropriations
Not more than $10,000,000 may be appropriated to the Secretary of
Transportation to make grants under this chapter. Amounts appropriated
under this section remain available until expended.
SUBTITLE X—MISCELLANEOUS
CHAPTER
Sec.
801.
BILLS OF LADING .......................................................................................
80101
803.
CONTRABAND ...............................................................................................
80301
805.
MISCELLANEOUS .........................................................................................
80501
CHAPTER 801—BILLS OF LADING
Sec.
80101.
Definitions.
80102.
Application.
80103.
Negotiable and nonnegotiable bills.
80104.
Form and requirements for negotiation.
80105.
Title and rights affected by negotiation.
80106.
Transfer without negotiation.
80107.
Warranties and liability.
80108.
Alterations and additions.
80109.
Liens under negotiable bills.
80110.
Duty to deliver goods.
80111.
Liability for delivery of goods.
80112.
Liability under negotiable bills issued in parts, sets, or duplicates.
80113.
Liability for nonreceipt, misdescription, and improper loading.
80114.
Lost, stolen, and destroyed negotiable bills.
80115.
Limitation on use of judicial process to obtain possession of goods from common car-
riers.
80116.
Criminal penalty.
§ 80101. Definitions
In this chapter—
(1) ‘‘consignee’’ means the person named in a bill of lading as the
person to whom the goods are to be delivered.
730
(2) ‘‘consignor’’ means the person named in a bill of lading as the
person from whom the goods have been received for shipment.
(3) ‘‘goods’’ means merchandise or personal property that has been,
is being, or will be transported.
(4) ‘‘holder’’ means a person having possession of, and a property
right in, a bill of lading.
(5) ‘‘order’’ means an order by indorsement on a bill of lading.
(6) ‘‘purchase’’ includes taking by mortgage or pledge.
(7) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, and a territory or possession of the United States.
§ 80102. Application
This chapter applies to a bill of lading when the bill is issued by a com-
mon carrier for the transportation of goods—
(1) between a place in the District of Columbia and another place
in the District of Columbia;
(2) between a place in a territory or possession of the United States
and another place in the same territory or possession;
(3) between a place in a State and a place in another State;
(4) between a place in a State and a place in the same State through
another State or a foreign country; or
(5) from a place in a State to a place in a foreign country.
§ 80103. Negotiable and nonnegotiable bills
(a) NEGOTIABLE BILLS.—(1) A bill of lading is negotiable if the bill—
(A) states that the goods are to be delivered to the order of a con-
signee; and
(B) does not contain on its face an agreement with the shipper that
the bill is not negotiable.
(2) Inserting in a negotiable bill of lading the name of a person to be
notified of the arrival of the goods—
(A) does not limit its negotiability; and
(B) is not notice to the purchaser of the goods of a right the named
person has to the goods.
(b) NONNEGOTIABLE BILLS.—(1) A bill of lading is nonnegotiable if the
bill states that the goods are to be delivered to a consignee. The
indorsement of a nonnegotiable bill does not—
(A) make the bill negotiable; or
(B) give the transferee any additional right.
(2) A common carrier issuing a nonnegotiable bill of lading must put
‘‘nonnegotiable’’ or ‘‘not negotiable’’ on the bill. This paragraph does not
apply to an informal memorandum or acknowledgment.
731
§ 80104. Form and requirements for negotiation
(a) GENERAL RULES.—(1) A negotiable bill of lading may be negotiated
by indorsement. An indorsement may be made in blank or to a specified
person. If the goods are deliverable to the order of a specified person, then
the bill must be indorsed by that person.
(2) A negotiable bill of lading may be negotiated by delivery when the
common carrier, under the terms of the bill, undertakes to deliver the goods
to the order of a specified person and that person or a subsequent indorsee
has indorsed the bill in blank.
(3) A negotiable bill of lading may be negotiated by a person possessing
the bill, regardless of the way in which the person got possession, if—
(A) a common carrier, under the terms of the bill, undertakes to de-
liver the goods to that person; or
(B) when the bill is negotiated, it is in a form that allows it to be
negotiated by delivery.
(b) VALIDITY NOT AFFECTED.—The validity of a negotiation of a bill of
lading is not affected by the negotiation having been a breach of duty by
the person making the negotiation, or by the owner of the bill having been
deprived of possession by fraud, accident, mistake, duress, loss, theft, or
conversion, if the person to whom the bill is negotiated, or a person to
whom the bill is subsequently negotiated, gives value for the bill in good
faith and without notice of the breach of duty, fraud, accident, mistake, du-
ress, loss, theft, or conversion.
(c) NEGOTIATION BY SELLER, MORTGAGOR, OR PLEDGOR TO PERSON
WITHOUT NOTICE.—When goods for which a negotiable bill of lading has
been issued are in a common carrier’s possession, and the person to whom
the bill has been issued retains possession of the bill after selling, mortgag-
ing, or pledging the goods or bill, the subsequent negotiation of the bill by
that person to another person receiving the bill for value, in good faith, and
without notice of the prior sale, mortgage, or pledge has the same effect
as if the first purchaser of the goods or bill had expressly authorized the
subsequent negotiation.
§ 80105. Title and rights affected by negotiation
(a) TITLE.—When a negotiable bill of lading is negotiated—
(1) the person to whom it is negotiated acquires the title to the
goods that—
(A) the person negotiating the bill had the ability to convey to
a purchaser in good faith for value; and
(B) the consignor and consignee had the ability to convey to
such a purchaser; and
732
(2) the common carrier issuing the bill becomes obligated directly to
the person to whom the bill is negotiated to hold possession of the
goods under the terms of the bill the same as if the carrier had issued
the bill to that person.
(b) SUPERIORITY OF RIGHTS.—When a negotiable bill of lading is nego-
tiated to a person for value in good faith, that person’s right to the goods
for which the bill was issued is superior to a seller’s lien or to a right to
stop the transportation of the goods. This subsection applies whether the
negotiation is made before or after the common carrier issuing the bill re-
ceives notice of the seller’s claim. The carrier may deliver the goods to an
unpaid seller only if the bill first is surrendered for cancellation.
(c) MORTGAGEE AND LIEN HOLDER RIGHTS NOT AFFECTED.—Except
as provided in subsection (b) of this section, this chapter does not limit a
right of a mortgagee or lien holder having a mortgage or lien on goods
against a person that purchased for value in good faith from the owner, and
got possession of the goods immediately before delivery to the common car-
rier.
§ 80106. Transfer without negotiation
(a) DELIVERY AND AGREEMENT.—The holder of a bill of lading may
transfer the bill without negotiating it by delivery and agreement to transfer
title to the bill or to the goods represented by it. Subject to the agreement,
the person to whom the bill is transferred has title to the goods against the
transferor.
(b) COMPELLING INDORSEMENT.—When a negotiable bill of lading is
transferred for value by delivery without being negotiated and indorsement
of the transferor is essential for negotiation, the transferee may compel the
transferor to indorse the bill unless a contrary intention appears. The nego-
tiation is effective when the indorsement is made.
(c) EFFECT OF NOTIFICATION.—(1) When a transferee notifies the com-
mon carrier that a nonnegotiable bill of lading has been transferred under
subsection (a) of this section, the carrier is obligated directly to the trans-
feree for any obligations the carrier owed to the transferor immediately be-
fore the notification. However, before the carrier is notified, the transferee’s
title to the goods and right to acquire the obligations of the carrier may
be defeated by—
(A) garnishment, attachment, or execution on the goods by a creditor
of the transferor; or
(B) notice to the carrier by the transferor or a purchaser from the
transferor of a later purchase of the goods from the transferor.
(2) A common carrier has been notified under this subsection only if—
733
(A) an officer or agent of the carrier, whose actual or apparent au-
thority includes acting on the notification, has been notified; and
(B) the officer or agent has had time, exercising reasonable dili-
gence, to communicate with the agent having possession or control of
the goods.
§ 80107. Warranties and liability
(a) GENERAL RULE.—Unless a contrary intention appears, a person ne-
gotiating or transferring a bill of lading for value warrants that—
(1) the bill is genuine;
(2) the person has the right to transfer the bill and the title to the
goods described in the bill;
(3) the person does not know of a fact that would affect the validity
or worth of the bill; and
(4) the goods are merchantable or fit for a particular purpose when
merchantability or fitness would have been implied if the agreement of
the parties had been to transfer the goods without a bill of lading.
(b) SECURITY FOR DEBT.—A person holding a bill of lading as security
for a debt and in good faith demanding or receiving payment of the debt
from another person does not warrant by the demand or receipt—
(1) the genuineness of the bill; or
(2) the quantity or quality of the goods described in the bill.
(c) DUPLICATES.—A common carrier issuing a bill of lading, on the face
of which is the word ‘‘duplicate’’ or another word indicating that the bill
is not an original bill, is liable the same as a person that represents and
warrants that the bill is an accurate copy of an original bill properly issued.
The carrier is not otherwise liable under the bill.
(d) INDORSER LIABILITY.—Indorsement of a bill of lading does not make
the indorser liable for failure of the common carrier or a previous indorser
to fulfill its obligations.
§ 80108. Alterations and additions
An alteration or addition to a bill of lading after its issuance by a com-
mon carrier, without authorization from the carrier in writing or noted on
the bill, is void. However, the original terms of the bill are enforceable.
§ 80109. Liens under negotiable bills
A common carrier issuing a negotiable bill of lading has a lien on the
goods covered by the bill for—
(1) charges for storage, transportation, and delivery (including de-
murrage and terminal charges), and expenses necessary to preserve the
goods or incidental to transporting the goods after the date of the bill;
and
734
(2) other charges for which the bill expressly specifies a lien is
claimed to the extent the charges are allowed by law and the agreement
between the consignor and carrier.
§ 80110. Duty to deliver goods
(a) GENERAL RULES.—Except to the extent a common carrier establishes
an excuse provided by law, the carrier must deliver goods covered by a bill
of lading on demand of the consignee named in a nonnegotiable bill or the
holder of a negotiable bill for the goods when the consignee or holder—
(1) offers in good faith to satisfy the lien of the carrier on the goods;
(2) has possession of the bill and, if a negotiable bill, offers to in-
dorse and give the bill to the carrier; and
(3) agrees to sign, on delivery of the goods, a receipt for delivery if
requested by the carrier.
(b) PERSONS TO WHOM GOODS MAY BE DELIVERED.—Subject to section
80111 of this title, a common carrier may deliver the goods covered by a
bill of lading to—
(1) a person entitled to their possession;
(2) the consignee named in a nonnegotiable bill; or
(3) a person in possession of a negotiable bill if—
(A) the goods are deliverable to the order of that person; or
(B) the bill has been indorsed to that person or in blank by the
consignee or another indorsee.
(c) COMMON CARRIER CLAIMS OF TITLE AND POSSESSION.—A claim by
a common carrier that the carrier has title to goods or right to their posses-
sion is an excuse for nondelivery of the goods only if the title or right is
derived from—
(1) a transfer made by the consignor or consignee after the ship-
ment; or
(2) the carrier’s lien.
(d) ADVERSE CLAIMS.—If a person other than the consignee or the per-
son in possession of a bill of lading claims title to or possession of goods
and the common carrier knows of the claim, the carrier is not required to
deliver the goods to any claimant until the carrier has had a reasonable time
to decide the validity of the adverse claim or to bring a civil action to re-
quire all claimants to interplead.
(e) INTERPLEADER.—If at least 2 persons claim title to or possession of
the goods, the common carrier may—
(1) bring a civil action to interplead all known claimants to the
goods; or
(2) require those claimants to interplead as a defense in an action
brought against the carrier for nondelivery.
735
(f) THIRD PERSON CLAIMS NOT A DEFENSE.—Except as provided in
subsections (b), (d), and (e) of this section, title or a right of a third person
is not a defense to an action brought by the consignee of a nonnegotiable
bill of lading or by the holder of a negotiable bill against the common car-
rier for failure to deliver the goods on demand unless enforced by legal proc-
ess.
§ 80111. Liability for delivery of goods
(a) GENERAL RULES.—A common carrier is liable for damages to a per-
son having title to, or right to possession of, goods when—
(1) the carrier delivers the goods to a person not entitled to their
possession unless the delivery is authorized under section 80110(b)(2)
or (3) of this title;
(2) the carrier makes a delivery under section 80110(b)(2) or (3) of
this title after being requested by or for a person having title to, or
right to possession of, the goods not to make the delivery; or
(3) at the time of delivery under section 80110(b)(2) or (3) of this
title, the carrier has information it is delivering the goods to a person
not entitled to their possession.
(b) EFFECTIVENESS OF REQUEST OR INFORMATION.—A request or infor-
mation is effective under subsection (a)(2) or (3) of this section only if—
(1) an officer or agent of the carrier, whose actual or apparent au-
thority includes acting on the request or information, has been given
the request or information; and
(2) the officer or agent has had time, exercising reasonable diligence,
to stop delivery of the goods.
(c) FAILURE TO TAKE AND CANCEL BILLS.—Except as provided in sub-
section (d) of this section, if a common carrier delivers goods for which a
negotiable bill of lading has been issued without taking and canceling the
bill, the carrier is liable for damages for failure to deliver the goods to a
person purchasing the bill for value in good faith whether the purchase was
before or after delivery and even when delivery was made to the person enti-
tled to the goods. The carrier also is liable under this paragraph if part of
the goods are delivered without taking and canceling the bill or plainly not-
ing on the bill that a partial delivery was made and generally describing the
goods or the remaining goods kept by the carrier.
(d) EXCEPTIONS TO LIABILITY.—A common carrier is not liable for fail-
ure to deliver goods to the consignee or owner of the goods or a holder of
the bill if—
(1) a delivery described in subsection (c) of this section was com-
pelled by legal process;
(2) the goods have been sold lawfully to satisfy the carrier’s lien;
736
(3) the goods have not been claimed; or
(4) the goods are perishable or hazardous.
§ 80112. Liability under negotiable bills issued in parts, sets,
or duplicates
(a) PARTS AND SETS.—A negotiable bill of lading issued in a State for
the transportation of goods to a place in the 48 contiguous States or the
District of Columbia may not be issued in parts or sets. A common carrier
issuing a bill in violation of this subsection is liable for damages for failure
to deliver the goods to a purchaser of one part for value in good faith even
though the purchase occurred after the carrier delivered the goods to a hold-
er of one of the other parts.
(b) DUPLICATES.—When at least 2 negotiable bills of lading are issued
in a State for the same goods to be transported to a place in the 48 contig-
uous States or the District of Columbia, the word ‘‘duplicate’’ or another
word indicating that the bill is not an original must be put plainly on the
face of each bill except the original. A common carrier violating this sub-
section is liable for damages caused by the violation to a purchaser of the
bill for value in good faith as an original bill even though the purchase oc-
curred after the carrier delivered the goods to the holder of the original bill.
§ 80113. Liability for nonreceipt, misdescription, and im-
proper loading
(a) LIABILITY FOR NONRECEIPT AND MISDESCRIPTION.—Except as pro-
vided in this section, a common carrier issuing a bill of lading is liable for
damages caused by nonreceipt by the carrier of any part of the goods by
the date shown in the bill or by failure of the goods to correspond with the
description contained in the bill. The carrier is liable to the owner of goods
transported under a nonnegotiable bill (subject to the right of stoppage in
transit) or to the holder of a negotiable bill if the owner or holder gave value
in good faith relying on the description of the goods in the bill or on the
shipment being made on the date shown in the bill.
(b) NONLIABILITY OF CARRIERS.—A common carrier issuing a bill of lad-
ing is not liable under subsection (a) of this section—
(1) when the goods are loaded by the shipper;
(2) when the bill—
(A) describes the goods in terms of marks or labels, or in a
statement about kind, quantity, or condition; or
(B) is qualified by ‘‘contents or condition of contents of pack-
ages unknown’’, ‘‘said to contain’’, ‘‘shipper’s weight, load, and
count’’, or words of the same meaning; and
(3) to the extent the carrier does not know whether any part of the
goods were received or conform to the description.