IB 
Union Calendar No. 197 
112TH CONGRESS 
1ST SESSION H. R. 2845 
[Report No. 112–297, Part I] 
To amend title 49, United States Code, to provide for enhanced safety 
and environmental protection in pipeline transportation, to provide for 
enhanced reliability in the transportation of the Nation’s energy products 
by pipeline, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 7, 2011 
Mr. SHUSTER (for himself and Mr. MICA) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure, and 
in addition to the Committee on Energy and Commerce, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
DECEMBER 1, 2011 
Reported from the Committee on Transportation and Infrastructure with an 
amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 1, 2011 
The Committee on Energy and Commerce discharged; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be 
printed 
[For text of introduced bill, see copy of bill as introduced on September 7, 2011] 
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A BILL 
To amend title 49, United States Code, to provide for en-
hanced safety and environmental protection in pipeline 
transportation, to provide for enhanced reliability in the 
transportation of the Nation’s energy products by pipe-
line, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, 
UNITED STATES CODE; DEFINITIONS; TABLE 
OF CONTENTS. 
(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 provi-
sion, the reference shall be considered to be made to a section 
or other provision of title 49, United States Code. 
(c) DEFINITIONS.—Any term used in this Act that is 
defined in chapter 601 of title 49, United States Code, shall 
have the meaning given that term in that chapter. 
(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. 
Sec. 9. Accident and incident notification. 
Sec. 10. Transportation-related onshore facility response plan compliance. 
Sec. 11. Transportation-related oil flow lines. 
Sec. 12. Cost recovery for design reviews. 
Sec. 13. Biofuel pipelines. 
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Sec. 14. Carbon dioxide pipelines. 
Sec. 15. Study of transportation of diluted bitumen. 
Sec. 16. Study of non-petroleum hazardous liquids transported by pipeline. 
Sec. 17. Clarifications. 
Sec. 18. Maintenance of effort. 
Sec. 19. Administrative enforcement process. 
Sec. 20. Gas and hazardous liquid gathering lines. 
Sec. 21. 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 ‘‘$175,000’’; and 
(B) in the last sentence by striking 
‘‘$1,000,000’’ and inserting ‘‘$1,750,000’’; and 
(2) in subsection (b)(1)(B) by striking ‘‘the abil-
ity to pay,’’. 
(b) OPERATOR ASSISTANCE IN INVESTIGATIONS.—Sec-
tion 60118(e) is amended to read as follows: 
‘‘(e) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 
‘‘(1) ASSISTANCE AND ACCESS.—If the Secretary 
or the National Transportation Safety Board inves-
tigates an accident involving a pipeline facility, the 
operator of the facility shall— 
‘‘(A) make available to the Secretary or the 
Board all records and information that in any 
way pertain to the accident (including integrity 
management plans and test results); and 
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‘‘(B) afford all reasonable assistance in the 
investigation of the accident. 
‘‘(2) OPERATOR
ASSISTANCE
IN
INVESTIGA-
TIONS.— 
‘‘(A) IN GENERAL.—The Secretary may im-
pose a civil penalty under section 60122 on a 
person who obstructs or prevents the Secretary 
from carrying out inspections or investigations 
under this chapter. 
‘‘(B) DEFINITIONS.—In this paragraph, the 
following definitions apply: 
‘‘(i) OBSTRUCTS.—The term ‘obstructs’ 
includes actions that were known, or rea-
sonably should have been known, to prevent, 
hinder, or impede an investigation without 
good cause. 
‘‘(ii) GOOD
CAUSE.—The term ‘good 
cause’ includes, at a minimum, restricting 
access to facilities that are not secure or safe 
for non-pipeline personnel or visitors.’’. 
(c) ADMINISTRATIVE PENALTY CAPS INAPPLICABLE.— 
Section 60120(a)(1) is amended by adding at the end the 
following: ‘‘The maximum amount of civil penalties for ad-
ministrative enforcement actions under section 60122 shall 
not apply to enforcement actions under this section.’’. 
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(d) JUDICIAL REVIEW OF ADMINISTRATIVE ENFORCE-
MENT ORDERS.—Section 60119(a) is amended— 
(1) in the subsection heading by striking ‘‘AND 
WAIVER ORDERS’’ and inserting ‘‘, ORDERS, AND 
OTHER FINAL AGENCY ACTIONS’’; and 
(2) by striking ‘‘about an application for a 
waiver under section 60118(c) or (d) of this title’’ and 
inserting ‘‘under this chapter’’. 
SEC. 3. PIPELINE DAMAGE PREVENTION. 
(a) MINIMUM STANDARDS FOR STATE ONE-CALL NO-
TIFICATION PROGRAMS.—Section 6103(a) is amended to 
read as follows: 
‘‘(a) MINIMUM STANDARDS.— 
‘‘(1) IN GENERAL.—In order to qualify for a 
grant under section 6106, a State one-call notifica-
tion program, at a minimum, shall provide for— 
‘‘(A) appropriate participation by all un-
derground facility operators, including all gov-
ernment operators; 
‘‘(B) appropriate participation by all exca-
vators, including all government and contract 
excavators; and 
‘‘(C) flexible and effective enforcement under 
State law with respect to participation in, and 
use of, one-call notification systems. 
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‘‘(2) EXEMPTIONS
PROHIBITED.—In order to 
qualify for a grant under section 6106, a State one- 
call notification program may not exempt munici-
palities, State agencies, or their contractors from its 
one-call notification system requirements.’’. 
(b) STATE DAMAGE PREVENTION PROGRAMS.—Sec-
tion 60134(a) is amended— 
(1) in paragraph (1) by striking ‘‘and’’ after the 
semicolon; 
(2) in paragraph (2)(B) by striking ‘‘(b).’’ and 
inserting ‘‘(b); and’’; and 
(3) by adding at the end the following: 
‘‘(3) does not provide any exemptions to munici-
palities, State agencies, or their contractors from its 
one-call notification system requirements.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect 2 years after the date of enactment 
of this Act. 
(d) THIRD PARTY DAMAGE.— 
(1) STUDY.—The Secretary of Transportation 
shall conduct a study on the impact of third party 
damage on pipeline safety. 
(2) CONTENTS.—The study shall include— 
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(A) an analysis of the frequency and sever-
ity of different types of third party damage inci-
dents; 
(B) an analysis of exemptions to the one- 
call notification system requirements in each 
State; 
(C) a comparison of exemptions to the one- 
call notification system requirements in each 
State to the types of third party damage inci-
dents in that State; and 
(D) an analysis of the potential safety bene-
fits and adverse consequences of eliminating 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 sub-
mit to the House of Representatives Committee on 
Transportation and Infrastructure and Committee on 
Energy and Commerce and the Senate Committee on 
Commerce, Science, and Transportation 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 
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(2) by adding at the end the following: 
‘‘(n) AUTOMATIC AND REMOTE-CONTROLLED SHUT- 
OFF VALVES FOR NEW TRANSMISSION PIPELINES.— 
‘‘(1) IN GENERAL.—The Secretary may require 
by regulation, if determined appropriate by the Sec-
retary, the use of automatic or remote-controlled shut- 
off valves, or equivalent technology, where economi-
cally, technically, and operationally feasible on trans-
mission pipeline facilities constructed or entirely re-
placed after the date on which the Secretary issues the 
final rule containing such requirement. 
‘‘(2) FACTORS FOR CONSIDERATION.—In deter-
mining whether to proceed with a rulemaking under 
paragraph (1), the Secretary shall consider the factors 
specified in subsection (b)(2).’’. 
SEC. 5. INTEGRITY MANAGEMENT. 
(a) EVALUATION.—Not later than 2 years after the 
date of enactment of this Act, the Secretary of Transpor-
tation 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 additional 
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areas would mitigate the need for class location re-
quirements. 
(b) REPAIR CRITERIA.—In conducting the evaluation 
under subsection (a), the Secretary shall consider applying 
repair criteria, such as pressure reductions and special re-
quirements for scheduling remediation, to areas that are not 
high consequence areas. 
(c) REPORT.—Based on the evaluation to be conducted 
under subsection (a), the Secretary shall submit to the 
House of Representatives Committee on Transportation and 
Infrastructure and Committee on Energy and Commerce 
and the Senate Committee on Commerce, Science, and 
Transportation a report containing 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 
program requirements, or elements thereof, to addi-
tional areas would mitigate the need for class location 
requirements. 
(d) DATA REPORTING.—The Secretary shall collect 
any relevant data necessary to complete the evaluation re-
quired by subsection (a). 
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(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 described 
in subparagraph (A). Such deadline shall be ex-
tended for an additional 6 months if the oper-
ator submits written notice to the Secretary that 
includes an explanation of the need for the exten-
sion.’’. 
(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 
(B) the date that is 3 years after the date 
of enactment of this Act. 
(2) CONGRESSIONAL
AUTHORITY.—In order to 
provide Congress the necessary time to review the re-
sults of the report required by subsection (c) and im-
plement appropriate recommendations, the Secretary 
shall not, during the review period, proceed with a 
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rulemaking to prescribe regulations described in para-
graph (3). 
(3) STANDARDS.—Following the review period, 
the Secretary may, as appropriate, prescribe regula-
tions that— 
(A) expand integrity management system 
requirements, or elements thereof, beyond high 
consequence areas; and 
(B) remove redundant class location re-
quirements for gas transmission pipeline facili-
ties that are regulated under an integrity man-
agement program adopted and implemented 
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 Secretary, 
during the review period, may proceed to a rule-
making to prescribe regulations described in 
paragraph (3), and may prescribe the regula-
tions, if the Secretary determines that a condi-
tion that poses a risk to public safety, property, 
or the environment is present or an imminent 
hazard exists and that the rulemaking will ad-
dress the risk or hazard. 
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(B) IMMINENT HAZARD DEFINED.—In sub-
paragraph (A), the term ‘‘imminent hazard’’ 
means the existence of a condition related to 
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 PIPELINE 
REASSESSMENT INTERVALS.—Not later than 2 years after 
the date of enactment of this Act, the Comptroller 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 as-
sessments are complete when compared to a 7-year re-
assessment interval; 
(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 num-
ber of anomalies found in reassessments required 
under section 60109(c)(3)(B) of such title; and 
(3) the progress made in incorporating the rec-
ommendations in GAO Report 06–945 and the cur-
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rent relevance of recommendations not incorporated to 
date. 
(h) HIGH CONSEQUENCE AREA DEFINED.—In this 
section, the term ‘‘high consequence area’’ means an area 
described in section 60109(a) of title 49, United States 
Code. 
SEC. 6. PUBLIC EDUCATION AND AWARENESS. 
(a) NATIONAL PIPELINE MAPPING SYSTEM.— 
(1) MAP OF HIGH CONSEQUENCE AREAS.—The 
Secretary of Transportation shall— 
(A) maintain, as part of the National Pipe-
line Mapping System, a map of all designated 
high consequence areas (as described in section 
60109(a) of title 49, United States Code) in 
which pipelines are required to meet integrity 
management safety regulations, excluding any 
proprietary or sensitive security information; 
and 
(B) update the map biennially. 
(2) PROGRAM TO PROMOTE AWARENESS OF NA-
TIONAL PIPELINE MAPPING SYSTEM.—Not later than 
1 year after the date of enactment of this Act, the Sec-
retary shall develop and implement a program pro-
moting greater awareness of the existence of the Na-
tional Pipeline Mapping System to State and local 
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emergency responders and other interested parties. 
The program shall include guidance on how to use the 
National Pipeline Mapping 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 Secretary shall 
issue guidance to owners and operators of pipeline fa-
cilities on the importance of providing system-specific 
information about their pipeline facilities to emer-
gency response agencies of the communities and juris-
dictions 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 deter-
mine the extent to which the owners and operators are 
already providing system-specific information about 
their pipeline facilities to emergency response agen-
cies. 
SEC. 7. CAST IRON GAS PIPELINES. 
(a) FOLLOW-UP
SURVEYS.—Section 60108(d) is 
amended by adding at the end the following: 
‘‘(4) Not later than December 31, 2012, and every 2 
years thereafter, the Secretary shall conduct a follow-up 
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survey to measure the progress that owners and operators 
of pipeline facilities have made in implementing their plans 
for the safe management and replacement of cast iron gas 
pipelines.’’. 
(b) STATUS REPORT.—Not later than December 31, 
2013, the Secretary of Transportation shall transmit to the 
House of Representatives Committee on Transportation and 
Infrastructure and Committee on Energy and Commerce 
and the Senate Committee on Commerce, Science, and 
Transportation 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 opera-
tors of pipeline facilities have made in implementing 
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 Senate Committee 
on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transpor-
tation and Infrastructure and Committee on Energy 
and Commerce a report on leak detection systems uti-
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lized by operators of hazardous liquid pipeline facili-
ties and transportation-related flow lines. 
(2) CONTENTS.—The report shall include— 
(A) an analysis of the technical limitations 
of current leak detection systems, including the 
systems’ ability to detect ruptures and small 
leaks that are ongoing or intermittent, and what 
can be done to foster development of better tech-
nologies; and 
(B) an analysis of the feasibility of estab-
lishing technically, operationally, and economi-
cally feasible standards for the capability of such 
systems to detect leaks, and the safety benefits 
and adverse consequences of requiring operators 
to use leak detection systems. 
(b) 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 (a); or 
(B) the date that is 2 years after the date 
of enactment of this Act. 
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