H. R. 1758—563
(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 pipe-
line facility must use an emergency flow restricting device or other
procedure, system, or equipment described in paragraph (1) of this
subsection on the facility.
(k) PROHIBITION AGAINST LOW INTERNAL STRESS EXCEPTION.—
The Secretary may not provide an exception to this chapter for
a hazardous 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 prescribe minimum safety standards for deciding on the loca-
tion of a new liquefied 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 capabili-
ties near the location that can cope with a risk caused by
the facility; and
(6) need to encourage remote siting.
(b) DESIGN, INSTALLATION, CONSTRUCTION, INSPECTION, AND
TESTING STANDARDS.—The Secretary of Transportation shall pre-
scribe minimum safety standards for designing, installing, con-
structing, initially inspecting, and initially testing a new liquefied
natural gas pipeline facility. When prescribing a standard, the
Secretary shall consider—
(1) the characteristics of material to be used in constructing
the facility and of alternative material;
(2) design factors;
(3) the characteristics of the liquefied natural gas to be
stored or converted at, or transported by, the facility; and
(4) the public safety factors of the design and of alternative
designs, particularly the ability to prevent and contain a lique-
fied natural gas spill.
(c) NONAPPLICATION.—(1) Except as provided in paragraph (2)
of this subsection, a design, location, installation, construction, ini-
tial inspection, or initial testing standard prescribed under this
chapter after March 1, 1978, does not apply to an existing liquefied
natural gas pipeline facility if the standard is to be applied because
of authority given—
(A) under this chapter; or
(B) under another law, and the standard is not prescribed
at the time the authority is applied.
(2)(A) Any design, installation, construction, initial inspection,
or initial testing standard prescribed under this chapter after March
1, 1978, may provide that the standard applies to any part of
a replacement component of a liquefied natural gas pipeline facility
if the component or part is placed in service after the standard
is prescribed and application of the standard—
(i) does not make the component or part incompatible with
other components or parts; or
H. R. 1758—564
(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 compo-
nent of an existing liquefied natural gas pipeline facility.
(3) A design, installation, construction, initial inspection, or
initial testing standard does not apply to a liquefied natural gas
pipeline facility existing when the standard is adopted.
(d) OPERATION AND MAINTENANCE STANDARDS.—The Secretary
of Transportation shall prescribe minimum operating and mainte-
nance standards for a liquefied natural gas pipeline facility. In
prescribing a standard, the Secretary shall consider—
(1) the conditions, features, and type of equipment and
structures that make up or are used in connection with the
facility;
(2) the fire prevention and containment equipment at the
facility;
(3) security measures to prevent an intentional act that
could cause a liquefied natural gas accident;
(4) maintenance procedures and equipment;
(5) the training of personnel in matters specified by this
subsection; and
(6) other factors and conditions related to the safe handling
of liquefied natural gas.
(e) EFFECTIVE DATES.—A standard prescribed under this section
is effective on the 30th day after the Secretary of Transportation
prescribes the standard. However, the Secretary for good cause
may prescribe a different effective date when required because
of the time reasonably necessary to comply with the standard.
The different date must be specified in the regulation prescribing
the standard.
(f) CONTINGENCY PLANS.—A new liquefied natural gas pipeline
facility may be operated only after the operator submits an adequate
contingency plan that states the action to be taken if a liquefied
natural gas accident occurs. The Secretary of Energy or appropriate
State or local authority shall decide if the plan is adequate.
(g) EFFECT ON OTHER STANDARDS.—This section does not pre-
clude applying a standard prescribed under section 60102 of this
title to a gas pipeline facility (except a liquefied natural gas pipeline
facility) associated with a liquefied natural gas pipeline facility.
§ 60104. Requirements and limitations
(a) OPPORTUNITY
TO
PRESENT
VIEWS.—The Secretary of
Transportation shall give an interested person an opportunity to
make oral and written presentations of information, views, and
arguments when prescribing a standard under this chapter.
(b) NONAPPLICATION.—A design, installation, construction, ini-
tial inspection, 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 cur-
rent certification 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 stand-
ards are compatible with the minimum standards prescribed under
this chapter. A State authority may not adopt or continue in force
safety standards for interstate pipeline facilities or interstate pipe-
line transportation.
H. R. 1758—565
(d) CONSULTATION.—(1) When continuity of gas service is
affected by prescribing a standard or waiving compliance with
standards under this chapter, the Secretary of Transportation shall
consult with and advise the Federal Energy Regulatory Commission
or a State authority having jurisdiction over the affected gas pipe-
line 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 establish, construct, operate, or extend a gas
pipeline facility subject to an applicable safety standard shall certify
that it will design, install, inspect, test, construct, 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 authorize the Secretary of Transportation to prescribe the loca-
tion or routing of a pipeline facility.
§ 60105. State certifications
(a) GENERAL REQUIREMENTS AND SUBMISSION.—Except as pro-
vided in this section and sections 60114 and 60121 of this title,
the Secretary of Transportation may not prescribe or enforce safety
standards and practices for an intrastate pipeline facility or intra-
state pipeline transportation to the extent that the safety standards
and practices are regulated by a State authority (including a munici-
pality 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 sub-
sections (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 prac-
tices 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 inspections conducted by State employees meeting the
qualifications 
the 
Secretary 
prescribes 
under 
section
60107(d)(1)(C) of this title;
(4) is encouraging and promoting programs designed to
prevent damage by demolition, excavation, tunneling, or
construction activity to the pipeline facilities to which the cer-
tification applies;
(5) may require record maintenance, reporting, and inspec-
tion substantially the same as provided under section 60117
of this title;
(6) may require that plans for inspection and maintenance
under section 60108 (a) and (b) of this title be filed for approval;
and
H. R. 1758—566
(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 applies that is subject to the safety jurisdiction
of the State authority;
(B) each accident or incident reported during the prior
12 months by that person involving a fatality, personal injury
requiring hospitalization, 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 circumstances surrounding the accident or incident;
(C) the record maintenance, reporting, and inspection prac-
tices conducted by the authority to enforce compliance with
safety standards prescribed under this chapter to which the
certification applies, including the number of inspections of
pipeline facilities the authority made during the prior 12
months; and
(D) any other information the Secretary requires.
(2) The report included in the first certification submitted under
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 certification. 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
established under this section to ensure that the program complies
with the certification. A State authority shall cooperate with the
Secretary under this subsection.
(f) REJECTIONS OF CERTIFICATION.—If after receiving a certifi-
cation the Secretary decides the State authority is not enforcing
satisfactorily compliance with applicable safety standards pre-
scribed under this chapter, the Secretary may reject the certifi-
cation, assert United States Government jurisdiction, 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 burden of proof is on the authority to demonstrate that
it is enforcing satisfactorily compliance with the prescribed stand-
ards.
§ 60106. State agreements
(a) GENERAL AUTHORITY.—If the Secretary of Transportation
does not receive a certification under section 60105 of this title,
the Secretary may make an agreement with a State authority
(including a municipality if the agreement applies to intrastate
gas pipeline transportation) authorizing it to take necessary action.
Each agreement shall—