635
necessary to carry out this section. The regulations shall be similar to those
in effect under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.). This section is in addition to title VI of the Act.
§ 47124. Agreements for State and local operation of airport
facilities
(a) GOVERNMENT RELIEF FROM LIABILITY.—The Secretary of Transpor-
tation shall ensure that an agreement under this subchapter with a State or
a political subdivision of a State to allow the State or subdivision to operate
an airport facility in the State or subdivision relieves the United States Gov-
ernment from any liability arising out of, or related to, acts or omissions of
employees of the State or subdivision in operating the airport facility.
(b) AIR TRAFFIC CONTROL CONTRACT PROGRAM.—(1) The Secretary shall
continue the low activity (Visual Flight Rules) level I air traffic control tower
contract program established under subsection (a) of this section for towers
existing on December 30, 1987, and extend the program to other towers as
practicable.
(2) The Secretary may make a contract, on a sole source basis, with a State
or a political subdivision of a State to allow the State or subdivision to oper-
ate an airport traffic control tower classified as a level I (Visual Flight Rules)
tower if the Secretary decides that the State or subdivision has the capability
to comply with the requirements of this paragraph. The contract shall require
that the State or subdivision comply with applicable safety regulations in op-
erating the facility and with applicable competition requirements in making
a subcontract to perform work to carry out the contract.
§ 47125. Conveyances of United States Government land
(a) CONVEYANCES
TO PUBLIC AGENCIES.—Except as provided in sub-
section (b) of this section, the Secretary of Transportation shall request the
head of the department, agency, or instrumentality of the United States Gov-
ernment owning or controlling land or airspace to convey a property interest
in the land or airspace to the public agency sponsoring the project or owning
or controlling the airport when necessary to carry out a project under this
subchapter at a public airport, to operate a public airport, or for the future
development of an airport under the national plan of integrated airport sys-
tems. The head of the department, agency, or instrumentality shall decide
whether the requested conveyance is consistent with the needs of the depart-
ment, agency, or instrumentality and shall notify the Secretary of that deci-
sion not later than 4 months after receiving the request. If the head of the
department, agency, or instrumentality decides that the requested conveyance
is consistent with its needs, the head of the department, agency, or instrumen-
tality, with the approval of the Attorney General and without cost to the Gov-
ernment, shall make the conveyance. A conveyance may be made only on the
636
condition that the property interest conveyed reverts to the Government, at
the option of the Secretary, to the extent it is not developed for an airport
purpose or used consistently with the conveyance.
(b) NONAPPLICATION.—Except as specifically provided by law, subsection
(a) of this section does not apply to land or airspace owned or controlled by
the Government within—
(1) a national park, national monument, national recreation area, or
similar area under the administration of the National Park Service;
(2) a unit of the National Wildlife Refuge System or similar area
under the jurisdiction of the United States Fish and Wildlife Service; or
(3) a national forest or Indian reservation.
§ 47126. Criminal penalties for false statements
A person (including an officer, agent, or employee of the United States
Government or a public agency) shall be fined under title 18, imprisoned for
not more than 5 years, or both, if the person, with intent to defraud the Gov-
ernment, knowingly makes—
(1) a false statement about the kind, quantity, quality, or cost of the
material used or to be used, or the quantity, quality, or cost of work per-
formed or to be performed, in connection with the submission of a plan,
map, specification, contract, or estimate of project cost for a project in-
cluded in a grant application submitted to the Secretary of Transpor-
tation for approval under this subchapter;
(2) a false statement or claim for work or material for a project in-
cluded in a grant application approved by the Secretary under this sub-
chapter; or
(3) a false statement in a report or certification required under this
subchapter.
§ 47127. Ground transportation demonstration projects
(a) GENERAL AUTHORITY.—To improve the airport and airway system of
the United States consistent with regional airport system plans financed
under section 13(b) of the Airport and Airway Development Act of 1970, the
Secretary of Transportation may carry out ground transportation demonstra-
tion projects to improve ground access to air carrier airport terminals. The
Secretary may carry out a demonstration project independently or by grant
or contract, including an agreement with another department, agency, or in-
strumentality of the United States Government.
(b) PRIORITY.—In carrying out this section, the Secretary shall give prior-
ity to a demonstration project that—
(1) affects an airport in an area with an operating regional rapid
transit system with existing facilities reasonably near the airport;
(2) includes connection of the airport terminal to that system;
637
(3) is consistent with and supports a regional airport system plan
adopted by the planning agency for the region and submitted to the Sec-
retary; and
(4) improves access to air transportation for individuals residing or
working in the region by encouraging the optimal balance of use of air-
ports in the region.
§ 47128. State block grant pilot program
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall pre-
scribe regulations to carry out a State block grant pilot program. The regula-
tions shall provide that the Secretary may designate not more than 7 quali-
fied States to assume administrative responsibility for all airport grant
amounts available under this subchapter, except for amounts designated for
use at primary airports.
(b) APPLICATIONS AND SELECTION.—(1) A State wishing to participate in
the program must submit an application to the Secretary. The Secretary shall
select a State on the basis of its application only after—
(A) deciding the State has an organization capable of effectively ad-
ministering a block grant made under this section;
(B) deciding the State uses a satisfactory airport system planning
process;
(C) deciding the State uses a programming process acceptable to the
Secretary;
(D) finding that the State has agreed to comply with United States
Government standard requirements for administering the block grant;
and
(E) finding that the State has agreed to provide the Secretary with
program information the Secretary requires.
(2) For the fiscal years ending September 30, 1993–1996, the States selected
shall include Illinois, Missouri, and North Carolina.
(c) SAFETY AND SECURITY NEEDS AND NEEDS OF SYSTEM.—Before decid-
ing whether a planning process is satisfactory or a programming process is
acceptable under subsection (b)(2) or (3) of this section, the Secretary shall
ensure that the process provides for meeting critical safety and security needs
and that the programming process ensures that the needs of the national air-
port system will be addressed in deciding which projects will receive money
from the Government.
(d) ENDING EFFECTIVE DATE AND REPORT.—This section is effective only
through September 30, 1996.
638
§ 47129. Annual report
Not later than April 1 of each year, the Secretary of Transportation shall
submit to Congress a report on activities carried out under this subchapter
during the prior fiscal year. The report shall include—
(1) a detailed statement of airport development completed;
(2) the status of each project undertaken;
(3) the allocation of appropriations; and
(4) an itemized statement of expenditures and receipts.
SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC AIRPORTS
§ 47151. Authority to transfer an interest in surplus property
(a) GENERAL AUTHORITY.—Subject to sections 47152 and 47153 of this
title, a department, agency, or instrumentality of the executive branch of the
United States Government or a wholly owned Government corporation may
give a State, political subdivision of a State, or tax-supported organization
any interest in surplus property—
(1) that the Secretary of Transportation decides is—
(A) desirable for developing, improving, operating, or maintain-
ing a public airport (as defined in section 47102 of this title);
(B) reasonably necessary to fulfill the immediate and foreseeable
future requirements for developing, improving, operating, or main-
taining a public airport; or
(C) needed for developing sources of revenue from nonaviation
businesses at a public airport; and
(2) if the Administrator of General Services approves the gift and de-
cides the interest is not best suited for industrial use.
(b) ENSURING COMPLIANCE.—Only the Secretary may ensure compliance
with an instrument giving an interest in surplus property under this sub-
chapter. The Secretary may amend the instrument to correct the instrument
or to make the gift comply with law.
(c) DISPOSING OF INTERESTS NOT GIVEN UNDER THIS SUBCHAPTER.—An
interest in surplus property that could be used at a public airport but that
is not given under this subchapter shall be disposed of under other applicable
law.
§ 47152. Terms of gifts
Except as provided in section 47153 of this title, the following terms apply
to a gift of an interest in surplus property under this subchapter:
(1) A State, political subdivision of a State, or tax-supported organi-
zation receiving the interest may use, lease, salvage, or dispose of the in-
terest for other than airport purposes only after the Secretary of Trans-
portation gives written consent that the interest can be used, leased,
salvaged, or disposed of without materially and adversely affecting the
639
development, improvement, operation, or maintenance of the airport at
which the property is located.
(2) The interest shall be used and maintained for public use and bene-
fit without unreasonable discrimination.
(3) A right may not be vested in a person, excluding others in the
same class from using the airport at which the property is located—
(A) to conduct an aeronautical activity requiring the operation
of aircraft; or
(B) to engage in selling or supplying aircraft, aircraft accessories,
equipment, or supplies (except gasoline and oil), or aircraft services
necessary to operate aircraft (including maintaining and repairing
aircraft, aircraft engines, propellers, and appliances).
(4) The State, political subdivision, or tax-supported organization ac-
cepting the interest shall clear and protect the aerial approaches to the
airport by mitigating existing, and preventing future, airport hazards.
(5) During a national emergency declared by the President or Con-
gress, the United States Government is entitled to use, control, or possess,
without charge, any part of the public airport at which the property is
located. However, the Government shall—
(A) pay the entire cost of maintaining the part of the airport it
exclusively uses, controls, or possesses during the emergency;
(B) contribute a reasonable share, consistent with the Govern-
ment’s use, of the cost of maintaining the property it uses
nonexclusively, or over which the Government has nonexclusive con-
trol or possession, during the emergency; and
(C) pay a fair rental for use, control, or possession of improve-
ments to the airport made without Government assistance.
(6) The Government is entitled to the nonexclusive use, without charge,
of the landing area of an airport at which the property is located. The
Secretary may limit the use of the landing area if necessary to prevent
unreasonable interference with use by other authorized aircraft. However,
the Government shall—
(A) contribute a reasonable share, consistent with the Govern-
ment’s use, of the cost of maintaining and operating the landing
area; and
(B) pay for damages caused by its use of the landing area if its
use of the landing area is substantial.
(7) The State, political subdivision, or tax-supported organization ac-
cepting the interest shall release the Government from all liability for
damages arising under an agreement that provides for Government use
of any part of an airport owned, controlled, or operated by the State,
640
political subdivision, or tax-supported organization on which, adjacent
to which, or in connection with which, the property is located.
(8) When a term under this section is not satisfied, any part of the
interest in the property reverts to the Government, at the option of the
Government, as the property then exists.
§ 47153. Waiving and adding terms
(a) GENERAL AUTHORITY.—(1) The Secretary of Transportation may
waive, without charge, a term of a gift of an interest in property under this
subchapter if the Secretary decides that—
(A) the property no longer serves the purpose for which it was given;
or
(B) the waiver will not prevent carrying out the purpose for which
the gift was made and is necessary to advance the civil aviation interests
of the United States.
(2) The Secretary of Transportation shall waive a term under paragraph
(1) of this subsection on terms the Secretary considers necessary to protect or
advance the civil aviation interests of the United States.
(b) WAIVERS AND INCLUSION OF ADDITIONAL TERMS ON REQUEST.—On
request of the Secretary of Transportation or the Secretary of a military de-
partment, a department, agency, or instrumentality of the executive branch
of the United States Government or a wholly owned Government corporation
may waive a term required by section 47152 of this title or add another term
if the appropriate Secretary decides it is necessary to protect or advance the
interests of the United States in civil aviation or for national defense.
CHAPTER 473—INTERNATIONAL AIRPORT FACILITIES
Sec.
47301.
Definitions.
47302.
Providing airport and airway property in foreign territories.
47303.
Training foreign citizens.
47304.
Transfer of airport and airway property.
47305.
Administrative.
47306.
Criminal penalty.
§ 47301. Definitions
In this chapter—
(1) ‘‘airport property’’ means an interest in property used or useful
in operating and maintaining an airport.
(2) ‘‘airway property’’ means an interest in property used or useful
in operating and maintaining a ground installation, facility, or equip-
ment desirable for the orderly and safe operation of air traffic, including
air navigation, air traffic control, airway communication, and meteoro-
logical facilities.
(3) ‘‘foreign territory’’ means an area—
641
(A) over which no government or a government of a foreign coun-
try has sovereignty;
(B) temporarily under military occupation by the United States
Government; or
(C) occupied or administered by the Government or a government
of a foreign country under an international agreement.
(4) ‘‘territory outside the continental United States’’ means territory
outside the 48 contiguous States and the District of Columbia.
§ 47302. Providing airport and airway property in foreign
territories
(a) GENERAL AUTHORITY.—Subject to the concurrence of the Secretary of
State and the consideration of objectives of the International Civil Aviation
Organization—
(1) the Secretary of Transportation may acquire, establish, and con-
struct airport property and airway property (except meteorological fa-
cilities) in foreign territory; and
(2) the Secretary of Commerce may acquire, establish, and construct
meteorological facilities in foreign territory.
(b) SPECIFIC APPROPRIATIONS REQUIRED.—Except for airport property
transferred under section 47304(b) of this title, an airport (as defined in sec-
tion 40102(a) of this title) may be acquired, established, or constructed under
subsection (a) of this section only if amounts have been appropriated specifi-
cally for the airport.
(c) ACCEPTING FOREIGN PAYMENTS.—The Secretary of Transportation or
Commerce, as appropriate, may accept payment from a government of a for-
eign country or international organization for facilities or services sold or
provided the government or organization under this chapter. The amount re-
ceived may be credited to the appropriation current when the expenditures
are or were paid, the appropriation current when the amount is received, or
both.
§ 47303. Training foreign citizens
Subject to the concurrence of the Secretary of State, the Secretary of Trans-
portation or Commerce, as appropriate, may train a foreign citizen in a sub-
ject related to aeronautics and essential to the orderly and safe operation of
civil aircraft. The training may be provided—
(1) directly by the appropriate Secretary or jointly with another de-
partment, agency, or instrumentality of the United States Government;
(2) through a public or private agency of the United States (including
a State or municipal educational institution); or
(3) through an international organization.
642
§ 47304. Transfer of airport and airway property
(a) GENERAL AUTHORITY.—When requested by the government of a foreign
country or an international organization, the Secretary of Transportation or
Commerce, as appropriate, may transfer to the government or organization
airport property and airway property operated and maintained under this
chapter by the appropriate Secretary in foreign territory. The transfer shall
be on terms the appropriate Secretary considers proper, including consider-
ation agreed on through negotiations with the government or organization.
(b) PROPERTY INSTALLED
OR CONTROLLED
BY MILITARY.—Subject to
terms to which the parties agree, the Secretary of a military department may
transfer without charge to the Secretary of Transportation airport property
and airway property (except meteorological facilities), and to the Secretary
of Commerce meteorological facilities, that the Secretary of the military de-
partment installed or controls in territory outside the continental United
States. The transfer may be made if consistent with the needs of national de-
fense and—
(1) the Secretary of the military department finds that the property
or facility is no longer required exclusively for military purposes; and
(2) the Secretary of Transportation or Commerce, as appropriate, de-
cides that the transfer is or may be necessary to carry out this chapter.
(c) REPUBLIC OF PANAMA.—(1) The Secretary of Transportation may pro-
vide, operate, and maintain facilities and services for air navigation, airway
communications, and air traffic control in the Republic of Panama subject
to—
(A) the approval of the Secretary of Defense; and
(B) each obligation assumed by the United States Government under
an agreement between the Government and the Republic of Panama.
(2) The Secretary of a military department may transfer without charge
to the Secretary of Transportation property located in the Republic of Pan-
ama when the Secretary of Transportation decides that the transfer may be
useful in carrying out this chapter.
(3) Subsection (b) of this section (related to the Secretary of Transpor-
tation) and section 47302(a) and (b) of this title do not apply in carrying
out this subsection.
(d) RETAKING PROPERTY FOR MILITARY REQUIREMENT.—(1) When nec-
essary for a military requirement, the Secretary of a military department im-
mediately may retake property (with any improvements to it) transferred by
the Secretary under subsection (b) or (c) of this section. The Secretary shall
pay reasonable compensation to each person (or its successor in interest) that
made an improvement to the property that was not made at the expense of
643
the Government. The Secretary or a delegate of the Secretary shall decide on
the amount of compensation.
(2) On the recommendation of the Secretary of Transportation or Com-
merce, as appropriate, the Secretary of a military department may decide not
to act under paragraph (1) of this subsection.
§ 47305. Administrative
(a) GENERAL AUTHORITY.—The Secretary of Transportation shall consoli-
date, operate, protect, maintain, and improve airport property and airway
property (except meteorological facilities), and the Secretary of Commerce
may consolidate, operate, protect, maintain, and improve meteorological fa-
cilities, that the appropriate Secretary has acquired and that are located in
territory outside the continental United States. In carrying out this section,
the appropriate Secretary may—
(1) adapt the property or facility to the needs of civil aeronautics;
(2) lease the property or facility for not more than 20 years;
(3) make a contract, or provide directly, for facilities and services;
(4) make reasonable charges for aeronautical services; and
(5) acquire an interest in property.
(b) CREDITING APPROPRIATIONS.—Money received from the direct sale or
charge that the Secretary of Transportation or Commerce, as appropriate, de-
cides is equivalent to the cost of facilities and services sold or provided under
subsection (a)(3) and (4) of this section is credited to the appropriation from
which the cost was paid. The balance shall be deposited in the Treasury as
miscellaneous receipts.
(c) USING OTHER GOVERNMENT FACILITIES AND SERVICES.—To carry out
this chapter and to use personnel and facilities of the United States Govern-
ment most advantageously and without unnecessary duplication, the Sec-
retary of Transportation or Commerce, as appropriate, shall request, when
practicable, to use a facility or service of an appropriate department, agency,
or instrumentality of the Government on a reimbursable basis. A department,
agency, or instrumentality receiving a request under this section may provide
the facility or service.
(d) ADVERTISING NOT REQUIRED.—Section 3709 of the Revised Statutes
(41 U.S.C. 5) does not apply to a lease or contract made by the Secretary
of Transportation or Commerce under this chapter.
§ 47306. Criminal penalty
A person that knowingly and willfully violates a regulation prescribed by
the Secretary of Transportation to carry out this chapter shall be fined under
title 18, imprisoned for not more than 6 months, or both.
644
CHAPTER 475—NOISE
SUBCHAPTER I—NOISE ABATEMENT
Sec.
47501.
Definitions.
47502.
Noise measurement and exposure systems and identifying land use compatible with noise
exposure.
47503.
Noise exposure maps.
47504.
Noise compatibility programs.
47505.
Airport noise compatibility planning grants.
47506.
Limitations on recovering damages for noise.
47507.
Nonadmissibility of noise exposure map and related information as evidence.
47508.
Noise standards for air carriers and foreign air carriers providing foreign air transpor-
tation.
SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY
47521.
Findings.
47522.
Definitions.
47523.
National aviation noise policy.
47524.
Airport noise and access restriction review program.
47525.
Decision about airport noise and access restrictions on certain stage 2 aircraft.
47526.
Limitations for noncomplying airport noise and access restrictions.
47527.
Liability of the United States Government for noise damages.
47528.
Prohibition on operating certain aircraft not complying with stage 3 noise levels.
47529.
Nonaddition rule.
47530.
Nonapplication of sections 47528(a)–(d) and 47529 to aircraft outside the 48 contiguous
States.
47531.
Penalties for violating sections 47528–47530.
47532.
Judicial review.
47533.
Relationship to other laws.
SUBCHAPTER I—NOISE ABATEMENT
§ 47501. Definitions
In this subchapter—
(1) ‘‘airport’’ means a public-use airport as defined in section 47102
of this title.
(2) ‘‘airport operator’’ means—
(A) for an airport serving air carriers that have certificates from
the Secretary of Transportation, any person holding an airport op-
erating certificate issued under section 44706 of this title; and
(B) for any other airport, the person operating the airport.
§ 47502. Noise measurement and exposure systems and iden-
tifying land use compatible with noise exposure
After consultation with the Administrator of the Environmental Protection
Agency and United States Government, State, and interstate agencies that the
Secretary of Transportation considers appropriate, the Secretary shall by reg-
ulation—
(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;
645
(2) establish a single system for determining the exposure of individ-
uals to noise resulting from airport operations, including noise intensity,
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 submitted,
a description of estimated aircraft operations during 1985, and how those op-
erations will affect the map. The map shall—
(1) be prepared in consultation with public agencies and planning au-
thorities 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 estab-
lish a substantial new noncompatible use in an area surrounding the airport,
the airport operator shall submit a revised noise exposure map to the Sec-
retary 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 having
local responsibility for the airport, and air carriers using the airport;
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 existing
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;
(B) restricting the use of the airport by a type or class of aircraft be-
cause 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
646
(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 program
submitted under subsection (a) of this section (except as the program is relat-
ed to flight procedures referred to in subsection (a)(2)(D) of this section) not
later than 180 days after receiving it. The Secretary shall approve the pro-
gram (except as the program is related to flight procedures referred to in sub-
section (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 pro-
cedures referred to in subsection (a)(2)(D) of this section to the Administrator
of the Federal Aviation Administration. The Administrator shall approve 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 subsection (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 regulations
were prescribed, if the Secretary decides the program is substantially
consistent with reducing existing noncompatible uses and preventing 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 edu-
647
cational or medical purposes and that the Secretary decides is adversely
affected by airport noise.
(2) An airport operator may agree to make a grant made under paragraph
(1)(A) of this subsection available to a public agency in the area surrounding
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 available
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 liable
for damages from aviation noise because of action taken under this section.
§ 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, informa-
tion 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 Government’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.
§ 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 dam-
ages for noise attributable to the airport only if, in addition to any other ele-
ments 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;
648
(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 existence
of a map under subsection (a) of this section shall be imputed, at a mini-
mum, 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 cir-
culation in the county in which the property is located; or
(2) the person is given a copy of the map when acquiring the interest.
§ 47507. Nonadmissibility of noise exposure map and related
information as evidence
No part of a noise exposure map or related information described in section
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 re-
quire each air carrier and foreign air carrier providing foreign air transpor-
tation 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, Code
of Federal Regulations, prescribed between January 2, 1977, and Janu-
ary 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 reg-
istered 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—
649
(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 tech-
nology 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 re-
solve noise problems and carry with them a responsibility to the national
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 reg-
ulation establishing procedures for reviewing airport noise and access re-
strictions 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.
§ 47523. National aviation noise policy
(a) GENERAL REQUIREMENTS.—Not later than July 1, 1991, the Secretary
of Transportation shall establish by regulation a national aviation noise pol-
icy 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.
650
§ 47524. Airport noise and access restriction review program
(a) GENERAL REQUIREMENTS.—The national aviation noise policy estab-
lished under section 47523 of this title shall provide for establishing by regu-
lation a national program for reviewing airport noise and access restrictions
on the operation of stage 2 and stage 3 aircraft. The program shall provide
for adequate public notice and opportunity for comment on the restrictions.
(b) STAGE 2 AIRCRAFT.—Except as provided in subsection (d) of this sec-
tion, 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 air-
port 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 measures
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 air-
craft not in effect on October 1, 1990, may become effective only if the restric-
tion has been agreed to by the airport proprietor and all aircraft operators
or has been submitted to and approved by the Secretary of Transportation
after an airport or aircraft operator’s request for approval as provided 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 air-
craft operator’s request for approval of an airport noise or access restriction
on the operation of a stage 3 aircraft, the Secretary shall approve or dis-
approve 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;
651
(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 na-
tional aviation system.
(3) Paragraphs (1) and (2) of this subsection do not apply if the Adminis-
trator 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 airport. However,
if an agreement on noise reductions at that airport is made between the air-
port proprietor and one or more air carriers or foreign air carriers that con-
stitute 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 pre-
viously agreed to or approved under this subsection on request of an aircraft
operator able to demonstrate to the satisfaction of the Secretary that there has
been a change in the noise environment of the affected airport that justifies
a reevaluation. The Secretary shall establish by regulation procedures for con-
ducting 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 operators
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 oper-
ators before November 5, 1990;
(3) an intergovernmental agreement including an airport noise or ac-
cess restriction in effect on November 5, 1990;
652
(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 op-
erator 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 dis-
allowed by a court, if the new restriction would not prohibit aircraft op-
erations 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 November
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 fa-
cility operating under an airport noise or access restriction on the operation
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 pas-
senger 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
(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.
653
§ 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 result of
the disapproval. The United States Court of Federal Claims has exclusive ju-
risdiction 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 Transpor-
tation 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 subsection (a)
of this section for the remaining aircraft used by the carrier to 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 estab-
lish 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—
654
(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 require-
ments of this section and regulations prescribed under this section; 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 service’’
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.
(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
655
(2) was purchased by the person importing the aircraft into the Unit-
ed 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 modi-
fications 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 Columbia);
(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 expira-
tion 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
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 regula-
tion 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 section
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 re-
strictions by local authorities;
656
(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 obtain
legal remedies the Secretary considers appropriate, including injunctive
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 Trans-
portation 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, estab-
lish, and improve air navigation facilities under section 44502(a)(1)(A) of
this title:
(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 section
remain available until expended.
657
§ 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 activities.
(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 activities.
(J) $5,200,000 for innovative and cooperative research projects
and activities.
(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 re-
search 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 Aviation
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
658
(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 enhancing
airport capacity, including research and development on improvements to
airport design standards, maintenance, safety, operations, and environmental
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 sub-
section 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.
§ 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 In-
ternal 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 car-
rying 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 sec-
tion, 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 main-
tain air navigation facilities referred to in section 44502(a)(1)(A) of this
title safely and efficiently; and
659
(2) the costs of services provided under international agreements relat-
ed 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.
§ 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, necessary
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 make grants under section
44912(a)(4)(A).
§ 48108. Availability and uses of amounts
(a) AVAILABILITY OF AMOUNTS.—Amounts equal to the amounts authorized
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 sections 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 expenses
of the Department of Transportation or a component of the Department only
to the extent authorized by section 48104 of this title.
660
(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 Office
of Management and Budget any budget information, legislative recommenda-
tion, or comment on legislation about amounts authorized in section 48101
or 48102 of this title, the Administrator concurrently shall submit 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 Senate, and the Committees
on Commerce, Science, and Transportation and Appropriations of the Senate.
§ 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;
661
(2) the steel and goods produced in the United States are not produced
in a sufficient and reasonably available amount or are not of a satisfac-
tory 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 components
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.
§ 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 Reconcili-
ation Act of 1990 (Public Law 101–508, 104 Stat. 1388–353) if the govern-
ment of that country unfairly maintains, in government procurement, a sig-
nificant 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—
662
(1) the Administrator decides, and the Secretary of Commerce and the
United States Trade Representative concur, that the public interest re-
quires making the contract with the domestic firm, considering United
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 completely
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 subsection
(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.
(d) APPLICATION TO CERTAIN GRANTS.—This section applies only to a con-
tract 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 vio-
late 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 section—
(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 sep-
arate foreign country.
663
(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 coun-
try 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 sections
47106(d) and 47127) may not be used for a project that uses a product 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;
(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 prod-
uct 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 Representative, for a
construction project of more than $500,000 for which the government of a for-
eign 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 bidders. In making the
decision, the Trade Representative shall consider information obtained in pre-
paring 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 opportunities.
(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 published.
664
§ 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 con-
tract or grant from the United States Government related to a contract made
under section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (ex-
cept 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
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—
665
(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 a haz-
ardous liquid pipeline facility in a liquid state (except for liquefied
natural gas).
(5) ‘‘hazardous liquid pipeline facility’’ includes a pipeline, a right
of way, a facility, a building, or equipment used or intended to be used
in transporting hazardous liquid.
(6) ‘‘interstate gas pipeline facility’’—
(A) means a gas pipeline facility—
(i) used to transport gas; and
(ii) subject to the jurisdiction of the Commission under the
Natural Gas Act (15 U.S.C. 717 et seq.); but
(B) does not include a gas pipeline facility transporting gas from
an interstate gas pipeline in a State to a direct sales customer in
that State buying gas for its own consumption.
(7) ‘‘interstate hazardous liquid pipeline facility’’ means a hazardous
liquid pipeline facility used to transport hazardous liquid in interstate
or foreign commerce.
(8) ‘‘interstate or foreign commerce’’—
(A) related to gas, means commerce—
(i) between a place in a State and a place outside that
State; or
(ii) that affects any commerce described in subclause (A)(i)
of this clause; and
(B) related to hazardous liquid, means commerce between—
(i) a place in a State and a place outside that State; or
(ii) places in the same State through a place outside the
State.
666
(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 buy-
ing gas for its own consumption.
(10) ‘‘intrastate hazardous liquid pipeline facility’’ means a hazardous
liquid pipeline facility that is not an interstate hazardous liquid pipe-
line 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 ex-
plosion of liquefied natural gas from any cause, except a release, burn-
ing, or explosion that, under regulations prescribed by the Secretary,
does not pose a threat to public health or safety, property, or the environ-
ment.
(13) ‘‘liquefied natural gas conversion’’ means conversion of natural
gas into liquefied natural gas or conversion of liquefied natural gas into
natural gas.
(14) ‘‘liquefied natural gas pipeline facility’’—
(A) means a gas pipeline facility used for transporting or storing
liquefied natural gas, or for liquefied natural gas conversion, in
interstate or foreign commerce; but
(B) does not include any part of a structure or equipment located
in navigable waters (as defined in section 3 of the Federal Power
Act (16 U.S.C. 796)).
(15) ‘‘municipality’’ means a political subdivision of a State.
(16) ‘‘new liquefied natural gas pipeline facility’’ means a liquefied
natural gas pipeline facility except an existing liquefied natural gas
pipeline facility.
(17) ‘‘person’’, in addition to its meaning under section 1 of title 1
(except as to societies), includes a State, a municipality, and a trustee,
receiver, assignee, or personal representative of a person.
(18) ‘‘pipeline facility’’ means a gas pipeline facility and a hazardous
liquid pipeline facility.
(19) ‘‘pipeline transportation’’ means transporting gas and transport-
ing hazardous liquid.
(20) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, and Puerto Rico.
(21) ‘‘transporting gas’’—
667
(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 pop-
ulated 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 hazardous
liquid by pipeline, in or affecting interstate or foreign commerce;
but
(B) does not include moving hazardous liquid through—
(i) gathering lines in a rural area;
(ii) onshore production, refining, or manufacturing facili-
ties; or
(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 Sec-
retary 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 regu-
lation the term ‘‘regulated gathering line’’. In defining the term, the Secretary
shall consider factors such as location, length of line from the well site, operat-
ing pressure, throughput, and the composition of the transported gas or haz-
ardous liquid, as appropriate, in deciding on the types of lines that function-
ally are gathering but should be regulated under this chapter because of spe-
cific physical characteristics.
(B)(i) The Secretary also shall consider diameter when defining ‘‘regulated
gathering line’’ for hazardous liquid.
(ii) The definition of ‘‘regulated gathering line’’ for hazardous liquid may
not include a crude oil gathering line that has a nominal diameter of not
more than 6 inches, is operated at low pressure, and is located in a rural
area that is not unusually sensitive to environmental damage.
§ 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;
668
(B) may apply to the design, installation, inspection, emergency plans
and procedures, testing, construction, extension, operation, replacement,
and maintenance of pipeline facilities; and
(C) shall include a requirement that all individuals responsible for the
operation and maintenance of pipeline facilities be tested for qualifica-
tions and certified to operate and maintain those facilities.
(2) As the Secretary considers appropriate, the operator of a pipeline facil-
ity 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
to meet the need for gas pipeline safety, for safely transporting hazardous liq-
uid, and for protecting the environment. Except as provided in section 60103
of this title, when prescribing the standard the Secretary shall consider—
(1) relevant available—
(A) gas pipeline safety information; or
(B) hazardous liquid pipeline information;
(2) the appropriateness of the standard for the particular type of pipe-
line 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 re-
quirement that an operator of a gas pipeline facility participate in a public
safety program that—
(A) notifies an operator of proposed demolition, excavation, tunneling,
or construction near or affecting the facility;
(B) requires an operator to identify a pipeline facility that may be
affected by the proposed demolition, excavation, tunneling, or 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 requir-
ing an operator to take action the Secretary prescribes to provide services
comparable to services that would be available under a public safety program.
(3) The Secretary may include in the standards prescribed under subsection
(a) of this section a requirement that an operator of a hazardous liquid pipe-
669
line facility participate in a public safety program meeting the requirements
of paragraph (1) of this subsection or maintain and carry out a damage pre-
vention 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 facility
subject to this chapter to maintain, to the extent practicable, information re-
lated to operating the facility and, when requested, to provide the information
to the Secretary and an appropriate State official. The information shall in-
clude—
(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 minimum
standards requiring an operator of a pipeline facility subject to this chapter
and, to the extent the Secretary considers necessary, an operator of a gather-
ing 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 extent prac-
ticable, an inventory with appropriate information about the types of pipe
670
used for the transmission of gas or hazardous liquid, as appropriate, in the
operator’s system and additional information, including the material’s his-
tory 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 identi-
fication of each facility and gathering line passing through an area de-
scribed in regulations prescribed under section 60109 of this title, wheth-
er the facility or gathering line otherwise is subject to this chapter, but
shall exclude equipment associated only with the pipeline pumps or stor-
age 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 inter-
nal inspection device if the basic construction of the facility will accommodate
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 in-
clude any circumstances under which an inspection shall be conducted with
an instrumented internal inspection device and, if the device is not required,
use of an inspection method that is at least as effective as using the device
in providing for the safety of the pipeline.
(g) EFFECTIVE DATES.—A standard prescribed under this section and sec-
tion 60110 of this title is effective on the 30th day after the Secretary pre-
scribes 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.
(h) SAFETY CONDITION REPORTS.—(1) The Secretary shall prescribe regu-
lations requiring each operator of a pipeline facility (except a master meter)
to submit to the Secretary a written report on any—
671
(A) condition that is a hazard to life, property, or the environment;
and
(B) safety-related condition that causes or has caused a significant
change or restriction in the operation of a pipeline facility.
(2) The Secretary must receive the report not later than 5 working days
after a representative of a person to which this section applies first establishes
that the condition exists. Notice of the condition shall be given concurrently
to appropriate State authorities.
(i) CARBON DIOXIDE REGULATION.—The Secretary shall regulate carbon
dioxide transported by a hazardous liquid pipeline facility. The Secretary
shall prescribe regulations related to hazardous liquid to ensure the safe trans-
portation of carbon dioxide by such a facility.
(j) EMERGENCY FLOW RESTRICTING DEVICES.—(1) Not later than October
24, 1994, the Secretary shall survey and assess the effectiveness of emergency
flow restricting devices (including remotely controlled valves and check valves)
and other procedures, systems, and equipment used to detect and locate haz-
ardous liquid pipeline ruptures and minimize product releases from hazard-
ous 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 para-
graph (1) of this subsection on the facility.
(k) PROHIBITION AGAINST LOW INTERNAL STRESS EXCEPTION.—The Sec-
retary may not provide an exception to this chapter for a hazardous liquid
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 characteristics
of the location;
(3) existing and proposed land use near the location;
(4) natural physical aspects of the location;
(5) medical, law enforcement, and fire prevention capabilities near the
location that can cope with a risk caused by the facility; and
(6) need to encourage remote siting.
672
(b) DESIGN, INSTALLATION, CONSTRUCTION, INSPECTION, AND TESTING
STANDARDS.—The Secretary of Transportation shall prescribe minimum safe-
ty standards for designing, installing, constructing, initially inspecting, and
initially testing a new liquefied natural gas pipeline facility. When prescrib-
ing a standard, the Secretary shall consider—
(1) the characteristics of material to be used in constructing the facil-
ity and of alternative material;
(2) design factors;
(3) the characteristics of the liquefied natural gas to be stored or con-
verted 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 pro-
vide 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 com-
ponents 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 Trans-
portation shall prescribe minimum operating and maintenance standards for
a liquefied natural gas pipeline facility. In prescribing a standard, the Sec-
retary shall consider—
(1) the conditions, features, and type of equipment and structures that
make up or are used in connection with the facility;
673
(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.
(e) EFFECTIVE DATES.—A standard prescribed under this section is effec-
tive on the 30th day after the Secretary of Transportation prescribes the
standard. However, the Secretary for good cause may prescribe a different ef-
fective date when required because of the time reasonably necessary to comply
with the standard. The different date must be specified in the regulation pre-
scribing 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 oc-
curs. 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 apply-
ing a standard prescribed under section 60102 of this title to a gas pipeline
facility (except a liquefied natural gas pipeline facility) associated with a liq-
uefied natural gas pipeline facility.
§ 60104. Requirements and limitations
(a) OPPORTUNITY TO PRESENT VIEWS.—The Secretary of Transportation
shall give an interested person an opportunity to make oral and written pres-
entations 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 pre-
scribing a standard or waiving compliance with standards under this chap-
ter, the Secretary of Transportation shall consult with and advise the Federal
674
Energy Regulatory Commission or a State authority having jurisdiction over
the affected gas pipeline facility before prescribing the standard or waiving
compliance. The Secretary shall delay the effective date of the standard or
waiver until the Commission or State authority has a reasonable opportunity
to grant an authorization it considers necessary.
(2) In a proceeding under section 3 or 7 of the Natural Gas Act (15 U.S.C.
717b or 717f), each applicant for authority to import natural gas or to estab-
lish, construct, operate, or extend a gas pipeline facility subject to an applica-
ble safety standard shall certify that it will design, install, inspect, test, con-
struct, operate, replace, and maintain a gas pipeline facility under those
standards and plans for inspection and maintenance under section 60108 of
this title. The certification is binding on the Secretary of Energy and the
Commission except when an appropriate enforcement agency has given timely
written notice to the Commission that the applicant has violated a standard
prescribed under this chapter.
(e) LOCATION AND ROUTING OF FACILITIES.—This chapter does not author-
ize 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 Trans-
portation may not prescribe or enforce safety standards and practices for an
intrastate pipeline facility or intrastate pipeline transportation to the extent
that the safety standards and practices are regulated by a State authority
(including a municipality if the standards and practices apply to intrastate
gas pipeline transportation) that submits to the Secretary annually a certifi-
cation for the facilities and transportation that complies with subsections (b)
and (c) of this section.
(b) CONTENTS.—Each certification submitted under subsection (a) of this
section shall state that the State authority—
(1) has regulatory jurisdiction over the standards and practices to
which the certification applies;
(2) has adopted, by the date of certification, each applicable standard
prescribed under this chapter or, if a standard under this chapter was
prescribed not later than 120 days before certification, is taking steps to
adopt that standard;
(3) is enforcing each adopted standard through ways that include in-
spections conducted by State employees meeting the qualifications the
Secretary prescribes under section 60107(d)(1)(C) of this title;
675
(4) is encouraging and promoting programs designed to prevent dam-
age 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 sec-
tion 60108 (a) and (b) of this title be filed for approval; and
(7) may enforce safety standards of the authority under a law of the
State by injunctive relief and civil penalties substantially the same as
provided under sections 60120 and 60122(a)(1) and (b)–(f) of this title.
(c) REPORTS.—(1) Each certification submitted under subsection (a) of this
section shall include a report that contains—
(A) the name and address of each person to whom the certification ap-
plies 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 hospitaliza-
tion, or property damage or loss of more than an amount the Secretary
establishes (even if the person sustaining the fatality, personal injury, or
property damage or loss is not subject to the safety jurisdiction of the
authority), any other accident the authority considers significant, and a
summary of the investigation by the authority of the cause and cir-
cumstances surrounding the accident or incident;
(C) the record maintenance, reporting, and inspection practices con-
ducted by the authority to enforce compliance with safety standards pre-
scribed under this chapter to which the certification applies, including
the number of inspections of pipeline facilities the authority made dur-
ing the prior 12 months; and
(D) any other information the Secretary requires.
(2) The report included in the first certification submitted under subsection
(a) of this section is only required to state information available at the time
of certification.
(d) APPLICATION.—A certification in effect under this section does not
apply to safety standards prescribed under this chapter after the date of cer-
tification. This chapter applies to each applicable safety standard prescribed
after the date of certification until the State authority adopts the standard
and submits the appropriate certification to the Secretary under subsection
(a) of this section.
(e) MONITORING.—The Secretary may monitor a safety program estab-
lished under this section to ensure that the program complies with the certifi-
cation. A State authority shall cooperate with the Secretary under this sub-
section.
676
(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 Sec-
retary may reject the certification, assert United States Government jurisdic-
tion, or take other appropriate action to achieve adequate enforcement. The
Secretary shall give the authority notice and an opportunity for a hearing
before taking final action under this subsection. When notice is given, the bur-
den of proof is on the authority to demonstrate that it is enforcing satisfac-
torily compliance with the prescribed standards.
§ 60106. State agreements
(a) GENERAL AUTHORITY.—If the Secretary of Transportation does not re-
ceive a certification under section 60105 of this title, the Secretary may make
an agreement with a State authority (including a municipality if the agree-
ment 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 main-
tenance 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 appli-
cable 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 agree-
ment. A State authority shall cooperate with the Secretary under this sub-
section.
(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,
677
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
transmission facilities or interstate hazardous liquid pipeline facilities.
(b) PAYMENTS.—After notifying and consulting with a State authority, the
Secretary may withhold any part of a payment when the Secretary decides
that the authority is not carrying out satisfactorily a safety program or not
acting satisfactorily as an agent. The Secretary may pay an authority under
this section only when the authority ensures the Secretary that it will provide
the remaining costs of a safety program and that the total State amount
spent for a safety program (excluding grants of the United States Govern-
ment) 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 ap-
portion the amount appropriated to carry out this section among the States.
A payment may be made under this section in installments, in advance, or
on a reimbursable basis.
(d) ADDITIONAL AUTHORITY AND CONSIDERATIONS.—(1) The Secretary
may prescribe—
(A) the form of, and way of filing, an application under this section;
(B) reporting and fiscal procedures the Secretary considers necessary
to ensure the proper accounting of money of the Government; and
(C) qualifications for a State to meet to receive a payment under this
section, including qualifications for State employees who perform inspec-
tion activities under section 60105 or 60106 of this title.
(2) The qualifications prescribed under paragraph (1)(C) of this subsection
may—
(A) consider the experience and training of the employee;
(B) order training or other requirements; and
(C) provide for approval of qualifications on a conditional basis until
specified requirements are met.
§ 60108. Inspection and maintenance
(a) PLANS.—(1) Each person transporting gas or hazardous liquid or own-
ing or operating an intrastate gas pipeline facility or hazardous liquid pipe-
line facility shall carry out a current written plan (including any changes)
for inspection and maintenance of each facility used in the transportation
678
and owned or operated by the person. A copy of the plan shall be kept at
any office of the person the Secretary of Transportation considers appro-
priate. The Secretary also may require a person transporting gas or hazard-
ous liquid or owning or operating a pipeline facility subject to this chapter
to file a plan for inspection and maintenance for approval.
(2) If the Secretary or a State authority responsible for enforcing standards
prescribed under this chapter decides that a plan required under paragraph
(1) of this subsection is inadequate for safe operation, the Secretary or author-
ity 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 safe-
ty-related conditions described in section 60102(h)(1) of this title. In deciding
on the adequacy of a plan, the Secretary or authority shall consider—
(A) relevant available pipeline safety information;
(B) the appropriateness of the plan for the particular kind of pipeline
transportation or facility;
(C) the reasonableness of the plan; and
(D) the extent to which the plan will contribute to public safety and
the protection of the environment.
(3) A plan required under this subsection shall be made available to the
Secretary or State authority on request under section 60117 of this title.
(b) INSPECTION AND TESTING.—(1) The Secretary shall inspect and require
appropriate testing of a pipeline facility subject to this chapter that is not
covered by a certification under section 60105 of this title or an agreement
under section 60106 of this title. The Secretary shall decide on the frequency
and type of inspection and testing under this subsection on a case-by-case
basis after considering the following:
(A) the location of the pipeline facility.
(B) the type, size, age, manufacturer, method of construction, and con-
dition 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 char-
acteristics) and conditions of the area in which the pipeline facility is
located.
(F) existing and projected population and demographic characteristics
of the area in which the pipeline facility is located.
679
(G) for a hazardous liquid pipeline facility, the proximity of the area
in which the facility is located to an area that is unusually sensitive
to environmental damage.
(H) the frequency of leaks.
(I) other factors the Secretary decides are relevant to the safety of
pipeline facilities.
(2) To the extent and in amounts provided in advance in an appropriation
law, the Secretary shall decide on the frequency of inspection under 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 inspection of
a master meter system.
(3) Testing under this subsection shall use the most appropriate technology
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 ap-
propriate, 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 hazard
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 poten-
tial that the facility will pose a hazard to navigation and shall consider
the relationship between water depth and navigational safety and factors
relevant to the local marine environment.
680
(3)(A) The Secretary shall establish by regulation a program requiring an
operator of a pipeline facility described in paragraph (2) of this subsection
to report a potential or existing navigational hazard involving that pipeline
facility to the Secretary through the appropriate Coast Guard office.
(B) The operator of a pipeline facility described in paragraph (2) of this
subsection that discovers any part of the pipeline facility that is a hazard
to navigation shall mark the location of the hazardous part with a Coast-
Guard-approved marine buoy or marker and immediately shall notify the
Secretary as provided by the Secretary under subparagraph (A) of this para-
graph. 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 stand-
ards on what is an exposed offshore pipeline facility and what is a hazard
to navigation under this subsection.
(B) Not later than 6 months after the Secretary establishes standards under
subparagraph (A) of this paragraph, or October 24, 1995, whichever occurs
first, the operator of each offshore pipeline facility not described in section
3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or section
203(l )(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as appro-
priate, shall inspect the facility and report to the Secretary on any part of
the facility that is exposed or is a hazard to navigation. This subparagraph
applies only to a facility that is between the high water mark and the point
at which the subsurface is under 15 feet of water, as measured from mean
low water. An inspection that occurred after October 3, 1989, may be used
for compliance with this subparagraph if the inspection conforms to the re-
quirements of this subparagraph.
(C) The Secretary may extend the time period specified in subparagraph
(B) of this paragraph for not more than 6 months if the operator of a facility
satisfies the Secretary that the operator has made a good faith effort, with
reasonable diligence, but has been unable to comply by the end of that period.
681
(6)(A) The operator of a pipeline facility abandoned after October 24, 1992,
shall report the abandonment to the Secretary in a way that specifies whether
the facility has been abandoned properly according to applicable United
States Government and State requirements.
(B) Not later than October 24, 1995, the operator of a pipeline facility
abandoned before October 24, 1992, shall report to the Secretary reasonably
available information related to the facility, including information that a
third party possesses. The information shall include the location, size, date,
and method of abandonment, whether the facility has been abandoned 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 Government
maintains the information in a way accessible to appropriate Government
agencies and State authorities.
(C) The Secretary shall request that a State authority having information
on a collision between a vessel and an underwater pipeline facility report the
information to the Secretary in a timely way and make a reasonable effort
to specify the location, date, and severity of the collision. Chapter 35 of title
44 does not apply to this subparagraph.
(7) The Secretary may not exempt from this chapter an offshore hazardous
liquid pipeline facility only because the pipeline facility transfers hazardous
liquid in an underwater pipeline between a vessel and an onshore facility.
(d) REPLACING CAST IRON GAS PIPELINES.—(1) The Secretary shall pub-
lish a notice on the availability of industry guidelines, developed by the Gas
Piping Technology Committee, for replacing cast iron pipelines. Not later
than 2 years after the guidelines become available, the Secretary shall conduct
a survey of gas pipeline operators with cast iron pipe in their systems to es-
tablish—
(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 replace-
ment; 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 Govern-
ment guidelines or regulations for cast iron gas pipelines as the Secretary
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—
682
(1) establish criteria for identifying—
(A) by operators of gas pipeline facilities, each gas pipeline facil-
ity (except a natural gas distribution line) located in a high-density
population area; and
(B) by operators of hazardous liquid pipeline facilities and gath-
ering lines—
(i) each hazardous liquid pipeline facility, whether otherwise
subject to this chapter, that crosses a navigable waterway (as
the Secretary defines by regulation) or that is located in an
area described in the criteria as a high-density population
area; and
(ii) each hazardous liquid pipeline facility and gathering
line, whether otherwise subject to this chapter, located in an
area that the Secretary, in consultation with the Administrator
of the Environmental Protection Agency, describes as unusu-
ally sensitive to environmental damage if there is a hazardous
liquid pipeline accident; and
(2) provide that the identification be carried out through the inventory
required under section 60102(c) of this title.
(b) AREAS TO BE INCLUDED AS UNUSUALLY SENSITIVE.—When describing
an area that is unusually sensitive to environmental damage if there is a haz-
ardous liquid pipeline accident, the Secretary shall consider including—
(1) earthquake zones and areas subject to landslides and other substan-
tial 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 regulations on
the circumstances under which an operator of a natural gas distribution sys-
683
tem must install excess flow valves in the system. The Secretary shall con-
sider—
(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 accord-
ing to the standards prescribed under subsection (e) of this section, of—
(A) the availability of excess flow valves for installation in the system;
(B) safety benefits to be derived from installation; and
(C) costs associated with installation.
(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 in-
stallation.
(d) REPORT.—If the Secretary decides under subsection (b) of this section
that there are no circumstances under which an operator must install excess
flow valves, the Secretary shall submit to Congress a report on the reasons
for the decision not later than 30 days after the decision is made.
(e) PERFORMANCE STANDARDS.—Not later than April 24, 1994, the 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 opera-
tor of a liquefied natural gas facility does not have adequate financial respon-
sibility for the facility, the Secretary may issue a notice to the operator about
the inadequacy and the amount of financial responsibility the Secretary con-
siders adequate.
(b) HEARINGS.—An operator receiving a notice under subsection (a) of this
section may have a hearing on the record not later than 30 days after receiv-
ing the notice. The operator may show why the Secretary should not issue
684
an order requiring the operator to demonstrate and maintain financial re-
sponsibility 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 public
interest.
§ 60112. Pipeline facilities hazardous to life and property
(a) GENERAL AUTHORITY.—After notice and an opportunity for a hearing,
the Secretary of Transportation may decide a pipeline facility is hazardous
if the Secretary decides the facility is—
(1) hazardous to life, property, or the environment; or
(2) constructed or operated, or a component of the facility is 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 cor-
rosive 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 oppor-
tunity to comment on an agreement the Secretary proposes to make to resolve
the proceeding. State comment shall incorporate comments of affected local of-
ficials.
(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.
685
(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 operator
of a natural gas distribution pipeline that does not maintain customer-owned
natural gas service lines up to building walls to advise its customers of—
(1) the requirements for maintaining those lines;
(2) any resources known to the operator that could assist customers
in carrying out the maintenance;
(3) information the operator has on operating and maintaining its
lines that could assist customers; and
(4) the potential hazards of not maintaining the lines.
(b) Actions To Promote Safety.—Not later than one year after submitting
the report required under section 115(b) of the Pipeline Safety Act of 1992
(Public Law 102–508, 106 Stat. 3296), the Secretary, considering the report
and in cooperation and coordination with appropriate State and local au-
thorities, shall take appropriate action to promote the adoption of measures
to improve the safety of customer-owned natural gas service lines.
§ 60114. One-call notification systems
(a) MINIMUM REQUIREMENTS.—The Secretary of Transportation shall pre-
scribe regulations providing minimum requirements for establishing and oper-
ating 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 fol-
lowing:
(1) a requirement that the system apply to all areas of the State con-
taining 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 fa-
cility must contact the appropriate system to establish if there are under-
ground facilities present in the area of the intended activity.
(3) a requirement that all operators of underground pipeline facilities
participate in an appropriate one-call notification system.
(4) qualifications for an operator of a facility, a private contractor,
or a State or local authority to operate a system.
686
(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 Safety
Standards Committee is composed of 15 members appointed by the Secretary
of Transportation after consulting with public and private agencies concerned
with the technical aspect of transporting gas or operating a gas pipeline facil-
ity. Each member must be experienced in the safety regulation of transporting
gas and of gas pipeline facilities or technically qualified, by training, experi-
687
ence, or knowledge in at least one field of engineering applicable to transport-
ing gas or operating a gas pipeline facility, to evaluate gas pipeline safety
standards.
(2) The Technical Hazardous Liquid Pipeline Safety Standards Committee
is composed of 15 members appointed by the Secretary after consulting with
public and private agencies concerned with the technical aspect of transport-
ing hazardous liquid or operating a hazardous liquid pipeline facility. Each
member must be experienced in the safety regulation of transporting hazard-
ous liquid and of hazardous liquid pipeline facilities or technically qualified,
by training, experience, or knowledge in at least one field of engineering ap-
plicable to transporting hazardous liquid or operating a hazardous liquid
pipeline facility, to evaluate hazardous liquid pipeline safety standards.
(3) The members of each committee are appointed as follows:
(A) 5 individuals selected from departments, agencies, and instrumen-
talities 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 paragraph
(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 appropriate.
(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 interest in
the pipeline, petroleum, or natural gas industries.
(c) COMMITTEE REPORTS ON PROPOSED STANDARDS.—(1) The Secretary
shall give to—
(A) the Technical Pipeline Safety Standards Committee each standard
proposed under this chapter for transporting gas and for gas pipeline
facilities; and
(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, reason-
ableness, and practicability of the proposed standard. The Secretary shall
688
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 reasons.
(3) The Secretary may prescribe a standard after the end of the 90-day
period.
(d) PROPOSED COMMITTEE STANDARDS AND POLICY DEVELOPMENT REC-
OMMENDATIONS.—(1) The Technical Pipeline Safety Standards Committee
may propose to the Secretary a safety standard for transporting gas and for
gas pipeline facilities. The Technical Hazardous Liquid Pipeline Safety
Standards Committee may propose to the Secretary a safety standard for
transporting hazardous liquid and for hazardous liquid pipeline facilities.
(2) If requested by the Secretary, a committee shall make policy 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 performing
duties of the committee. However, a member may not be paid more than the
daily equivalent of the maximum annual rate of basic pay payable under sec-
tion 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 person
transporting gas shall carry out a program to educate the public on the pos-
sible hazards associated with gas leaks and the importance of reporting gas
odors and leaks to the appropriate authority. The Secretary may develop ma-
terial suitable for use in the program.
§ 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 con-
duct research, testing, development, demonstration, and training activities.
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
689
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 Sec-
retary requests.
(c) ENTRY AND INSPECTION.—An officer, employee, or agent of the Depart-
ment of Transportation designated by the Secretary, on display of proper cre-
dentials to the individual in charge, may enter premises to inspect the records
and property of a person at a reasonable time and in a reasonable way to
decide whether a person is complying with this chapter and standards pre-
scribed 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 carrying out
this chapter or in a proceeding under this chapter.
(e) USE OF ACCIDENT REPORTS.—(1) Each accident report made by an
officer, employee, or agent of the Department may be used in a judicial pro-
ceeding resulting from the accident. The officer, employee, or agent may be
required to testify in the proceeding about the facts developed in investigating
the accident. The report shall be made available to the public in a way that
does not identify an individual.
(2) Each report related to research and demonstration projects and related
activities is public information.
(f) TESTING FACILITIES INVOLVED IN ACCIDENTS.—The Secretary may re-
quire testing of a part of a pipeline facility subject to this chapter that has
been involved in or affected by an accident only after—
(1) notifying the appropriate State official in the State in which the
facility is located; and
(2) attempting to negotiate a mutually acceptable plan for testing
with the owner of the facility and, when the Secretary considers 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 au-
thority 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 pub-
690
lic 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 co-
ordination between departments, agencies, and instrumentalities of the Gov-
ernment and State authorities with regulatory authority over pipeline facili-
ties 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 authorized
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.
(b) COMPLIANCE ORDERS.—The Secretary of Transportation may issue or-
ders 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 prescribed
under this chapter on terms the Secretary considers appropriate, if the waiver
is not inconsistent with pipeline safety. The Secretary shall state the reasons
for granting a waiver under this subsection. The Secretary may act on a
waiver only after notice and an opportunity for a hearing.
691
(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 ef-
fect, 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 sec-
tion. 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 writ-
ten 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 pro-
vided in subsection (b) of this section, a person adversely affected by a regula-
tion prescribed under this chapter or an order issued about an application
for a waiver under section 60118(c) or (d) of this title may apply for review
of the regulation or order by filing a petition for review in the United States
Court of Appeals for the District of Columbia Circuit or in the court of ap-
peals of the United States for the circuit in which the person resides or has
its principal place of business. The petition must be filed not later than 89
days after the regulation is prescribed or order is issued. The clerk of the court
immediately shall send a copy of the petition to the Secretary of Transpor-
tation.
(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 appropriate court
of appeals of the United States. The petition must be filed not later than 60
days after the order is issued. Findings of fact the Secretary makes are con-
clusive 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 Transportation,
the Attorney General may bring a civil action in an appropriate district
court of the United States to enforce this chapter or a regulation prescribed
or order issued under this chapter. The court may award appropriate relief,
including punitive damages.
692
(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 author-
ized by the Secretary to enter the premises, and inspect the records and prop-
erty, of the person to decide whether the person is complying with this chap-
ter. The action may be brought in the judicial district in which the defendant
resides, is found, or does business. The court may punish a failure to obey
the order as a contempt of court.
(b) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating
an injunction issued under this section, the violation of which is also a 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 Pro-
cedure (18 App. U.S.C.).
(c) EFFECT ON TORT LIABILITY.—This chapter does not affect the tort li-
ability 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 appro-
priate State authority (when the violation is alleged to have occurred in
a State certified under section 60105 of this title) and to the person al-
leged 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
(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 Attor-
ney General may intervene in an action under paragraph (1) of this sub-
section.
(b) COSTS AND FEES.—The court may award costs, reasonable expert wit-
ness 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 defend-
693
ant when the action is unreasonable, frivolous, or meritless. In this subsection,
a reasonable attorney’s fee is a fee—
(1) based on the actual time spent and the reasonable expenses of the
attorney for legal services provided to a person under this section; and
(2) computed at the rate prevailing for providing similar services for
actions brought in the court awarding the fee.
(c) STATE VIOLATIONS AS VIOLATIONS OF THIS CHAPTER.—In this section,
a violation of a safety standard or practice of a State is deemed to be a viola-
tion of this chapter or a regulation prescribed or order issued under this chap-
ter 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 vio-
lated 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 viola-
tion 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.
(b) PENALTY CONSIDERATIONS.—In determining the amount of a civil pen-
alty 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 At-
torney 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.
694
(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 vio-
lating an order under section 60112 or 60118(b) of this title may not be im-
posed 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 is-
sued 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 know-
ingly and willfully damaging or destroying, or attempting to damage or de-
stroy, an interstate transmission facility or interstate hazardous liquid pipe-
line 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 knowingly
and willfully defacing, damaging, removing, or destroying a pipeline sign or
right-of-way marker required by a law or regulation of the United States
shall be fined under title 18, imprisoned for not more than one year, or both.
(d) PENALTY FOR NOT USING ONE-CALL NOTIFICATION SYSTEM OR NOT
HEEDING LOCATION INFORMATION OR MARKINGS.—A person shall be fined
under title 18, imprisoned for not more than 5 years, or both, if the person
knowingly and willfully—
(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 release
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-
695
ing out this chapter for the prior calendar year for gas and a report on carry-
ing 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 al-
leged 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 pending
judicial actions under this chapter.
(8) the extent to which technical information was distributed to the
scientific community and consumer-oriented information was made
available to the public.
(9) a compilation of certifications filed under section 60105 of this
title that were—
(A) in effect; or
(B) rejected in any part by the Secretary and a summary of the
reasons for each rejection.
(10) a compilation of agreements made under section 60106 of this
title that were—
(A) in effect; or
(B) ended in any part by the Secretary and a summary of the
reasons for ending each agreement.
(11) a description of the number and qualifications of State pipeline
safety inspectors in each State for which a certification under section
60105 of this title or an agreement under section 60106 of this title is
in effect and the number and qualifications of inspectors the Secretary
recommends for that State.
696
(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 ap-
propriated 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.
(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 ending
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 Government
for reimbursement for expenses incurred by the Secretary in providing train-
ing.
697
(f) AVAILABILITY OF UNUSED AMOUNTS FOR GRANTS.—(1) The Secretary
shall make available for grants to States amounts appropriated for each of
the fiscal years that ended September 30, 1986, and 1987, that have not been
expended in making grants under section 60107 of this title.
(2) A grant under this subsection is available to a State that after Decem-
ber 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 per-
cent of its allowable pipeline safety costs from a grant under this chapter.
(4) A State may receive not more than $75,000 under this subsection.
(5) Amounts under this subsection remain available until expended.
CHAPTER 603—USER FEES
Sec.
60301.
User fees.
§ 60301. User fees
(a) SCHEDULE OF FEES.—The Secretary of Transportation shall prescribe
a schedule of fees for all natural gas and hazardous liquids transported by
pipelines subject to chapter 601 of this title. The fees shall be based on usage
(in reasonable relationship to volume-miles, miles, revenues, or a combination
of volume-miles, miles, and revenues) of the pipelines. The Secretary shall
consider the allocation of resources of the Department of Transportation when
establishing the schedule.
(b) IMPOSITION AND TIME OF COLLECTION.—A fee shall be imposed on each
person operating a gas pipeline transmission facility, a liquefied natural gas
pipeline facility, or a hazardous liquid pipeline facility to which chapter 601
of this title applies. The fee shall be collected before the end of the fiscal year
to which it applies.
(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 gov-
ernment to collect the fee and may reimburse the department, agency, or in-
strumentality 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 activ-
ity 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
698
(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 Commission or
the chairman or a member of the Commission.
§ 60502. Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission has the duties and powers re-
lated 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 substantive effect
on, any right, obligation, liability, or remedy of an oil pipeline, 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 instrumentality of the United States
Government, an officer or employee of the Government, or a court of com-
petent 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.
699
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, pro-
duced, and offered by entrepreneurs in telecommunications, information
services, and remote sensing technologies;
(4) the private sector in the United States has the capability of devel-
oping and providing private satellite launching and associated services
that would complement the launching and associated services now avail-
able from the United States Government;
(5) the development of commercial launch vehicles and associated serv-
ices would enable the United States to retain its competitive position
internationally, contributing to the national interest and economic well-
being of the United States;
(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 as-
sociated services and, only to the extent necessary, regulate those launches
and services to ensure compliance with international obligations of the
United States and to protect the public health and safety, safety of prop-
erty, 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 serv-
ices, the establishment of support facilities, and the providing of support
services, is an important element of the transportation system of the
700
United States, and in connection with the commerce of the United States
there is a need to develop a strong space transportation infrastructure
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 ve-
hicles 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-developed
space technology;
(3) to provide that the Secretary of Transportation is to oversee and
coordinate the conduct of commercial launch operations, issue and trans-
fer 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 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.
701
(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—
(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 cus-
tomers 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 Dis-
trict of Columbia, and the territories and possessions of the United
States.
§ 70103. General authority
(a) GENERAL.—The Secretary of Transportation shall carry out this chap-
ter.
(b) FACILITATING COMMERCIAL LAUNCHES.—In carrying out this chapter,
the Secretary shall—
702
(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 ex-
ecutive 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 operate
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 Gov-
ernment and the government of the foreign country providing that the
government of the foreign country has jurisdiction over the launch or op-
eration.
(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
launch site in the territory of a foreign country if there is an agreement
between the United States Government and the government of the foreign
country providing that the United States Government has jurisdiction
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 estab-
lish whether all required licenses, authorizations, and permits required for a
payload have been obtained. If no license, authorization, or permit is re-
quired, 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.
703
§ 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 safe-
ty, 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 writ-
ing that the applicant complies, and will continue to comply, with this chap-
ter 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 receiv-
ing an application.
(b) REQUIREMENTS.—(1) Except as provided in this subsection, all require-
ments 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 license 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 rep-
resentations 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 require-
ment is not necessary to protect the public health and safety, safety 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 secu-
rity and foreign policy interests of the United States.
(c) PROCEDURES AND TIMETABLES.—The Secretary shall establish proce-
dures and timetables that expedite review of a license application and reduce
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 United
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 li-
704
censee 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 monitor the ac-
tivity 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 subsection
(a) of this section.
§ 70107. Effective periods, and modifications, suspensions,
and revocations, of licenses
(a) EFFECTIVE PERIODS OF LICENSES.—The Secretary of Transportation
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 foreign
policy interest of the United States.
(d) EFFECTIVE PERIODS OF MODIFICATIONS, SUSPENSIONS, AND REVOCA-
TIONS.—Unless the Secretary specifies otherwise, a modification, suspension,
or revocation under this section takes effect immediately and remains 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 prohibit,
suspend, or end immediately the launch of a launch vehicle or the operation
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 prop-
erty, or a national security or foreign policy interest of the United States.
705
(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 prevented 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 circumstances
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—
(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 chapter
is subject to judicial review as provided in chapter 7 of title 5.
706
§ 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 private
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 effort;
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 pro-
viding the property or service under subsection (a) of this section shall estab-
lish 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
(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 estab-
lishing the price. Amounts collected under this subsection shall be deposited
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.
707
§ 70112. Liability insurance and financial responsibility re-
quirements
(a) GENERAL REQUIREMENTS.—(1) When a license is issued or transferred
under this chapter, the licensee or transferee shall obtain liability insurance
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 required
under paragraph (1)(A) and (B) of this subsection, after consulting with the
Administrator of the National Aeronautics and Space Administration, the
Secretary of the Air Force, and the heads of other appropriate executive agen-
cies.
(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 li-
ability for involvement in launch services, at no cost to the Government:
(A) the Government.
(B) executive agencies and personnel, contractors, and subcontractors
of the Government.
(C) contractors, subcontractors, and customers of the licensee or trans-
feree.
(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, in-
volved 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.
708
(2) The Secretary of Transportation shall make, for the Government, execu-
tive agencies of the Government involved in launch services, and contractors
and subcontractors involved in launch services, a reciprocal waiver of claims
with the licensee or transferee, contractors, subcontractors, and customers 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 result-
ing 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 dem-
onstration of financial responsibility required under subsection (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 Government 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 subsection
(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 Secretary 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,
Space, and Technology of the House of Representatives a report on current
determinations made under subsection (c) of this section related to all issued
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 PERSONNEL.—
The Secretary of Transportation shall establish requirements consistent with
this chapter for proof of financial responsibility and other assurances nec-
essary 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 personnel
709
of the Government. The Secretary may not relieve the Government of liability
under this subsection for death, bodily injury, or property damage or loss re-
sulting from the willful misconduct of the Government or its agents.
(f) COLLECTION AND CREDITING PAYMENTS.—The head of a department,
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 instrumental-
ity.
§ 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 cus-
tomer of the licensee or transferee, or a contractor or subcontractor of a cus-
tomer, resulting from an activity carried out under the license issued or
transferred under this chapter for death, bodily injury, or property damage
or loss resulting from an activity carried out under the license. However,
claims may be paid under this section only to the extent the total amount
of successful claims related to one launch—
(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 successful 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—
710
(1) notice must be given to the Government of a claim, or a civil ac-
tion 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 reasonable the
amount of a claim finally decided by a court of competent jurisdiction.
(d) SURVEYS, REPORTS, AND COMPENSATION PLANS.—(1) If as a result of
an activity carried out under a license issued or transferred under this chap-
ter the total of claims related to one launch is likely to be more than the
amount of required insurance or demonstration of financial responsibility, the
Secretary shall—
(A) survey the causes and extent of damage; and
(B) submit expeditiously to Congress a report on the results of the sur-
vey.
(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, the
President, on the recommendation of the Secretary, shall submit to Congress
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, ‘‘resolution’’—
(A) means a joint resolution of Congress the matter after the resolving
clause of which is as follows: ‘‘That the Congress approves the compensa-
tion plan numbered lllll submitted to the Congress on
lllll ll, l9ll.’’, with the blank spaces being filled appro-
priately; but
711
(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 consider-
ation of the resolution or to discharge the committee from further consider-
ation 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.
(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 para-
graph is limited to not more than 10 hours, to be divided equally between
those favoring and those opposing the resolution. A motion further to limit
debate is not debatable. An amendment to, or motion to recommit, the resolu-
tion 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.
712
(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 designated
as confidential by the person or head of the executive agency providing the
information only if the Secretary decides withholding the information is con-
trary 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 Secretary
of Transportation may—
(A) conduct investigations and inquiries;
(B) administer oaths;
(C) take affidavits; and
(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 inte-
grated with a launch vehicle to inspect an object to which this chap-
ter 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 related
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—
713
(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 Sec-
retary may compromise or remit a penalty imposed, or that may be imposed,
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 Trans-
portation 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 security interest rel-
evant to an activity under this chapter.
(b) MATTERS AFFECTING FOREIGN POLICY.—The Secretary of Transpor-
tation shall consult with the Secretary of State on a matter under this chap-
ter affecting foreign policy. The Secretary of State shall identify and notify
the Secretary of Transportation of a foreign policy interest or obligation rel-
evant 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—
(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, waiver,
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 Com-
mercialization 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
714
(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 country;
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.
§ 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 establish
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—