III 
112TH CONGRESS 
1ST SESSION 
H. CON. RES. 93 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 14, 2011 
Received 
CONCURRENT RESOLUTION 
Providing for a correction to the enrollment of the bill H.R. 
2845. 
Resolved by the House of Representatives (the Senate 
concurring), That, in the enrollment of the bill H.R. 2845, 
the Clerk of the House of Representatives shall make the 
following correction: Strike all after the enacting clause 
and insert the following: 
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, 
UNITED STATES CODE; DEFINITIONS; TABLE 
OF CONTENTS. 
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(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pipeline Safety, Regulatory Certainty, and Job Creation 
Act of 2011’’. 
(b) AMENDMENT
OF TITLE 49, UNITED STATES 
CODE.—Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 49, United States 
Code. 
(c) DEFINITIONS.— 
(1) APPLICABILITY OF CHAPTER 601 DEFINI-
TIONS.—In this Act, any term defined in chapter 
601 of title 49, United States Code, has the mean-
ing given that term in that chapter. 
(2) HIGH-CONSEQUENCE
AREA.—In this Act, 
the term ‘‘high-consequence area’’ means an area 
described in section 60109(a) of title 49, United 
States Code. 
(d) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; amendment of title 49, United States Code; definitions; 
table of contents. 
Sec. 2. Civil penalties. 
Sec. 3. Pipeline damage prevention. 
Sec. 4. Automatic and remote-controlled shut-off valves. 
Sec. 5. Integrity management. 
Sec. 6. Public education and awareness. 
Sec. 7. Cast iron gas pipelines. 
Sec. 8. Leak detection. 
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Sec. 9. Accident and incident notification. 
Sec. 10. Transportation-related onshore facility response plan compliance. 
Sec. 11. Pipeline infrastructure data collection. 
Sec. 12. Transportation-related oil flow lines. 
Sec. 13. Cost recovery for design reviews. 
Sec. 14. Biofuel pipelines. 
Sec. 15. Carbon dioxide pipelines. 
Sec. 16. Study of transportation of diluted bitumen. 
Sec. 17. Study of nonpetroleum hazardous liquids transported by pipeline. 
Sec. 18. Clarifications. 
Sec. 19. Maintenance of effort. 
Sec. 20. Administrative enforcement process. 
Sec. 21. Gas and hazardous liquid gathering lines. 
Sec. 22. Excess flow valves. 
Sec. 23. Maximum allowable operating pressure. 
Sec. 24. Limitation on incorporation of documents by reference. 
Sec. 25. Pipeline safety training for State and local government personnel. 
Sec. 26. Report on minority-owned, woman-owned, and disadvantaged busi-
nesses. 
Sec. 27. Report on pipeline projects. 
Sec. 28. Cover over buried pipelines. 
Sec. 29. Seismicity. 
Sec. 30. Tribal consultation for pipeline projects. 
Sec. 31. Pipeline inspection and enforcement needs. 
Sec. 32. Authorization of appropriations. 
SEC. 2. CIVIL PENALTIES. 
(a) GENERAL
PENALTIES; PENALTY
CONSIDER-
ATIONS.—Section 60122 is amended— 
(1) in subsection (a)(1)— 
(A) in the first sentence by striking 
‘‘$100,000’’ and inserting ‘‘$200,000’’; and 
(B) in the last sentence by striking 
‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; and 
(2) in subsection (b)(1)(B) by striking ‘‘the 
ability to pay,’’. 
(b) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 
Section 60118(e) is amended to read as follows: 
‘‘(e) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 
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all exemptions for mechanized excavation from 
State one-call notification systems. 
(3) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall 
submit to the Committee on Transportation and In-
frastructure and the Committee on Energy and 
Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the 
study. 
SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF 
VALVES. 
Section 60102 is amended— 
(1) by striking subsection (j)(3); and 
(2) by adding at the end the following: 
‘‘(n) AUTOMATIC AND REMOTE-CONTROLLED SHUT- 
OFF VALVES FOR NEW TRANSMISSION PIPELINES.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of enactment of this subsection, and 
after considering the factors specified in subsection 
(b)(2), the Secretary, if appropriate, shall require by 
regulation the use of automatic or remote-controlled 
shut-off valves, or equivalent technology, where eco-
nomically, technically, and operationally feasible on 
transmission pipeline facilities constructed or en-
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tirely replaced after the date on which the Secretary 
issues the final rule containing such requirement. 
‘‘(2) HIGH-CONSEQUENCE AREA STUDY.— 
‘‘(A) STUDY.—The Comptroller General of 
the United States shall conduct a study on the 
ability of transmission pipeline facility operators 
to respond to a hazardous liquid or gas release 
from a pipeline segment located in a high-con-
sequence area. 
‘‘(B) 
CONSIDERATIONS.—In 
conducting 
the study, the Comptroller General shall con-
sider the swiftness of leak detection and pipe-
line shutdown capabilities, the location of the 
nearest response personnel, and the costs, risks, 
and benefits of installing automatic and remote- 
controlled shut-off valves. 
‘‘(C) REPORT.—Not later than 1 year 
after the date of enactment of this subsection, 
the Comptroller General shall submit to the 
Committee on Transportation and Infrastruc-
ture and the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate a report on the results 
of the study.’’. 
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SEC. 5. INTEGRITY MANAGEMENT. 
(a) EVALUATION.—Not later than 18 months after 
the date of enactment of this Act, the Secretary of Trans-
portation shall evaluate— 
(1) whether integrity management system re-
quirements, or elements thereof, should be expanded 
beyond high-consequence areas; and 
(2) with respect to gas transmission pipeline fa-
cilities, whether applying integrity management pro-
gram requirements, or elements thereof, to addi-
tional areas would mitigate the need for class loca-
tion requirements. 
(b) FACTORS.—In conducting the evaluation under 
subsection (a), the Secretary shall consider, at a min-
imum, the following: 
(1) The continuing priority to enhance protec-
tions for public safety. 
(2) The continuing importance of reducing risk 
in high-consequence areas. 
(3) The incremental costs of applying integrity 
management standards to pipelines outside of high- 
consequence areas where operators are already con-
ducting assessments beyond what is required under 
chapter 601 of title 49, United States Code. 
(4) The need to undertake integrity manage-
ment assessments and repairs in a manner that is 
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achievable and sustainable, and that does not dis-
rupt pipeline service. 
(5) The options for phasing in the extension of 
integrity management requirements beyond high- 
consequence areas, including the most effective and 
efficient options for decreasing risks to an increasing 
number of people living or working in proximity to 
pipeline facilities. 
(6) The appropriateness of applying repair cri-
teria, such as pressure reductions and special re-
quirements for scheduling remediation, to areas that 
are not high-consequence areas. 
(c) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Transportation and Infrastructure and 
the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report, based 
on the evaluation conducted under subsection (a), con-
taining the Secretary’s analysis and findings regarding— 
(1) expansion of integrity management require-
ments, or elements thereof, beyond high-consequence 
areas; and 
(2) with respect to gas transmission pipeline fa-
cilities, whether applying the integrity management 
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program requirements, or elements thereof, to addi-
tional areas would mitigate the need for class loca-
tion requirements. 
(d) DATA REPORTING.—The Secretary shall collect 
any relevant data necessary to complete the evaluation re-
quired by subsection (a). 
(e) 
TECHNICAL
CORRECTION.—Section 
60109(c)(3)(B) is amended to read as follows: 
‘‘(B) Subject to paragraph (5), periodic re-
assessments of the facility, at a minimum of 
once every 7 calendar years, using methods de-
scribed in subparagraph (A). The Secretary 
may extend such deadline for an additional 6 
months if the operator submits written notice to 
the Secretary with sufficient justification of the 
need for the extension.’’. 
(f) RULEMAKING REQUIREMENTS.— 
(1) REVIEW
PERIOD
DEFINED.—In this sub-
section, the term ‘‘review period’’ means the period 
beginning on the date of enactment of this Act and 
ending on the earlier of— 
(A) the date that is 1 year after the date 
of completion of the report under subsection 
(c); or 
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(B) REGULATIONS.—Regulations issued by 
the Secretary under subparagraph (A), if any, 
shall— 
(i) expand integrity management sys-
tem requirements, or elements thereof, be-
yond high-consequence areas; and 
(ii) remove redundant class location 
requirements for gas transmission pipeline 
facilities that are regulated under an integ-
rity management program adopted and im-
plemented under section 60109(c)(2) of 
title 49, United States Code. 
(4) SAVINGS CLAUSE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of this subsection, the Sec-
retary, during the review period, may issue final 
regulations described in paragraph (3)(B), if 
the Secretary determines that a condition that 
poses a risk to public safety, property, or the 
environment is present or an imminent hazard 
exists and that the regulations will address the 
risk or hazard. 
(B) IMMINENT
HAZARD
DEFINED.—In 
subparagraph (A), the term ‘‘imminent hazard’’ 
means the existence of a condition related to 
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pipelines or pipeline operations that presents a 
substantial likelihood that death, serious illness, 
severe 
personal 
injury, 
or 
substantial 
endangerment to health, property, or the envi-
ronment may occur. 
(g) REPORT TO CONGRESS ON RISK-BASED PIPE-
LINE REASSESSMENT INTERVALS.—Not later than 2 
years after the date of enactment of this Act, the Comp-
troller General of the United States shall evaluate— 
(1) whether risk-based reassessment intervals 
are a more effective alternative for managing risks 
to pipelines in high-consequence areas once baseline 
assessments are complete when compared to the re-
assessment 
interval 
specified 
in 
section 
60109(c)(3)(B) of title 49, United States Code; 
(2) the number of anomalies found in baseline 
assessments required under section 60109(c)(3)(A) 
of title 49, United States Code, as compared to the 
number of anomalies found in reassessments re-
quired under section 60109(c)(3)(B) of such title; 
and 
(3) the progress made in implementing the rec-
ommendations in GAO Report 06–945 and the cur-
rent relevance of those recommendations that have 
not been implemented. 
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SEC. 6. PUBLIC EDUCATION AND AWARENESS. 
(a) NATIONAL PIPELINE MAPPING SYSTEM.—Sec-
tion 60132 is amended by adding at the end the following: 
‘‘(d) MAP
OF HIGH-CONSEQUENCE AREAS.—The 
Secretary shall— 
‘‘(1) maintain, as part of the National Pipeline 
Mapping System, a map of designated high-con-
sequence areas (as described in section 60109(a)) in 
which pipelines are required to meet integrity man-
agement program regulations, excluding any propri-
etary or sensitive security information; and 
‘‘(2) update the map biennially. 
‘‘(e) PROGRAM TO PROMOTE AWARENESS OF NA-
TIONAL PIPELINE MAPPING SYSTEM.—Not later than 1 
year after the date of enactment of this subsection, the 
Secretary shall develop and implement a program pro-
moting greater awareness of the existence of the National 
Pipeline Mapping System to State and local emergency re-
sponders and other interested parties. The program shall 
include guidance on how to use the National Pipeline Map-
ping System to locate pipelines in communities and local 
jurisdictions.’’. 
(b) INFORMATION TO EMERGENCY RESPONSE AGEN-
CIES.— 
(1) GUIDANCE.—Not later than 18 months 
after the date of enactment of this Act, the Sec-
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retary shall issue guidance to owners and operators 
of pipeline facilities on the importance of providing 
system-specific information about their pipeline fa-
cilities to emergency response agencies of the com-
munities and jurisdictions in which those facilities 
are located. 
(2) CONSULTATION.—Before issuing guidance 
under paragraph (1), the Secretary shall consult 
with owners and operators of pipeline facilities to de-
termine the extent to which the owners and opera-
tors are already providing system-specific informa-
tion about their pipeline facilities to emergency re-
sponse agencies. 
(c) RESPONSE PLANS.— 
(1) IN GENERAL.—Chapter 601 is amended by 
adding at the end the following: 
‘‘§ 60138. Response plans 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall— 
‘‘(1) maintain on file a copy of the most recent 
response plan (as defined in part 194 of title 49, 
Code of Federal Regulations) prepared by an owner 
or operator of a pipeline facility; and 
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‘‘(2) provide upon written request to a person 
a copy of the plan, which may exclude, as the Sec-
retary determines appropriate— 
‘‘(A) proprietary information; 
‘‘(B) security-sensitive information, includ-
ing information described in section 1520.5(a) 
of title 49, Code of Federal Regulations; 
‘‘(C) specific response resources and tac-
tical resource deployment plans; and 
‘‘(D) the specific amount and location of 
worst case discharges (as defined in part 194 of 
title 49, Code of Federal Regulations), includ-
ing the process by which an owner or operator 
determines the worst case discharge. 
‘‘(b) RELATIONSHIP TO FOIA.—Nothing in this sec-
tion may be construed to require disclosure of information 
or records that are exempt from disclosure under section 
552 of title 5.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
chapter 601 is amended by inserting after the item 
relating to section 60137 the following: 
‘‘60138. Response plans.’’. 
SEC. 7. CAST IRON GAS PIPELINES. 
(a) FOLLOW-UP SURVEYS.—Section 60108(d) is 
amended by adding at the end the following: 
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‘‘(4) Not later than December 31, 2012, and every 
2 years thereafter, the Secretary shall conduct a follow- 
up survey to measure the progress that owners and opera-
tors of pipeline facilities have made in adopting and imple-
menting their plans for the safe management and replace-
ment of cast iron gas pipelines.’’. 
(b) STATUS REPORT.—Not later than December 31, 
2013, the Secretary of Transportation shall transmit to 
the Committee on Transportation and Infrastructure and 
the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that— 
(1) identifies the total mileage of cast iron gas 
pipelines in the United States; and 
(2) evaluates the progress that owners and op-
erators of pipeline facilities have made in imple-
menting their plans for the safe management and 
replacement of cast iron gas pipelines. 
SEC. 8. LEAK DETECTION. 
(a) LEAK DETECTION REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Transportation shall submit to the Committee on 
Commerce, Science, and Transportation of the Sen-
ate and the Committee on Transportation and Infra-
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