H. R. 1758—571
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 publish a notice on the availability of industry guidelines,
developed by the Gas Piping Technology Committee, for replacing
cast iron pipelines. Not later than 2 years after the guidelines
become available, the Secretary shall conduct a survey of gas pipe-
line operators with cast iron pipe in their systems to establish—
(A) the extent to which each operator has adopted a plan
for the safe management and replacement of cast iron;
(B) the elements of the plan, including the anticipated
rate of replacement; 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 develop-
ing Government 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—
(1) establish criteria for identifying—
(A) by operators of gas pipeline facilities, each gas
pipeline facility (except a natural gas distribution line)
located in a high-density population area; and
(B) by operators of hazardous liquid pipeline facilities
and gathering lines—
(i) each hazardous liquid pipeline facility, whether
otherwise subject to this chapter, that crosses a navi-
gable 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 chap-
ter, located in an area that the Secretary, in consulta-
tion with the Administrator of the Environmental
Protection Agency, describes as unusually 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
H. R. 1758—572
damage if there is a hazardous liquid pipeline accident, the Sec-
retary shall consider including—
(1) earthquake zones and areas subject to landslides and
other substantial ground movements;
(2) areas of likely ground water contamination if a hazard-
ous 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 system requires replacing a part to accommodate install-
ing 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 system must install excess flow valves
in the system. The Secretary shall consider—
(1) the system design pressure;
(2) the system operating pressure;
(3) the types of customers to which the distribution system
supplies gas, including hospitals, schools, and commercial enter-
prises;
(4) the technical feasibility and cost of installing the valve;
(5) the public safety benefits of installing the valve;
(6) the location of customer meters; and
(7) other factors the Secretary considers relevant.
(c) NOTIFICATION OF AVAILABILITY.—(1) Not later than October
24, 1994, the Secretary shall prescribe regulations requiring an
operator of a natural gas distribution system to notify in writing
its customers having lines in which excess flow valves are not
required by law but can be installed according to the standards
prescribed under subsection (e) of this section, of—
(A) the availability of excess flow valves for installation
in the 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 installation.
(d) REPORT.—If the Secretary decides under subsection (b) of
this section that there are no circumstances under which an opera-
tor 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 Secretary 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
H. R. 1758—573
Secretary prescribes under this section. All excess flow valves shall
be installed according to the standards.
§ 60111. Financial responsibility for liquefied natural gas
facilities
(a) NOTICE.—When the Secretary of Transportation believes
that an operator of a liquefied natural gas facility does not have
adequate financial responsibility for the facility, the Secretary may
issue a notice to the operator about the inadequacy and the amount
of financial responsibility the Secretary considers 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 receiving the notice. The operator may show
why the Secretary should not issue an order requiring the operator
to demonstrate and maintain financial responsibility in at least
the amount the Secretary considers adequate.
(c) ORDERS.—After an opportunity for a hearing on the record,
the Secretary 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 constructed or operated, with equipment, material, or a tech-
nique the Secretary 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 equipment;
(2) the nature of the material the pipeline facility trans-
ports, the corrosive and deteriorative qualities of the material,
the sequence in which the material are transported, and the
pressure required for transporting the material;
(3) the aspects of the area in which the pipeline facility
is located, including climatic and geologic conditions and soil
characteristics;
(4) the proximity of the area in which the hazardous liquid
pipeline facility is located to environmentally sensitive areas;
(5) the population density and population and growth pat-
terns of the area in which the pipeline facility is located;
(6) any recommendation of the National Transportation
Safety Board made under another law; and
(7) other factors the Secretary considers appropriate.
(c) OPPORTUNITY FOR STATE COMMENT.—The Secretary shall
provide, to any appropriate official of a State in which a pipeline
facility is located and about which a proceeding has begun under
this section, notice and an opportunity to comment on an agreement
the Secretary proposes to make to resolve the proceeding. State
comment shall incorporate comments of affected local officials.
(d) CORRECTIVE ACTION ORDERS.—If the Secretary decides
under subsection (a) of this section that a pipeline facility is hazard-
H. R. 1758—574
ous, the Secretary shall order the operator of the facility to take
necessary corrective action.
(e) WAIVER OF NOTICE AND HEARING IN EMERGENCY.—The Sec-
retary 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, prop-
erty, or the environment. An order under this subsection 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 maintain-
ing 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 authorities, 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 prescribe regulations providing minimum requirements for
establishing and operating a one-call notification system for a State
to adopt that will notify an operator of a pipeline facility of activity
in the vicinity of the facility that could threaten the safety of
the facility. The regulations shall include the following:
(1) a requirement that the system apply to all areas of
the State containing underground pipeline facilities.
(2) a requirement that a person intending to engage in
an activity the Secretary decides could cause physical damage
to an underground facility must contact the appropriate system
to establish if there are underground facilities present in the
area of the intended activity.
(3) a requirement that all operators of underground pipeline
facilities participate in an appropriate one-call notification sys-
tem.
(4) qualifications for an operator of a facility, a private
contractor, or a State or local authority to operate a system.
(5) procedures for advertisement and notice of the availabil-
ity of a system.
(6) a requirement about the information to be provided
by a person contacting the system under clause (2) of this
subsection.