H. R. 1758—575
(7) a requirement for the response of the operator of the
system and of the facility after they are contacted by an individ-
ual under this subsection.
(8) a requirement that each State decide whether the sys-
tem 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 section 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, excavation, 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 appro-
priated 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 regula-
tions prescribed under this section do not affect the liability estab-
lished 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 Pipe-
line 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 facility. Each member
must be experienced in the safety regulation of transporting gas
and of gas pipeline facilities or technically qualified, by training,
experience, or knowledge in at least one field of engineering
applicable to transporting 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 transporting hazardous liquid or operating
a hazardous liquid pipeline facility. Each member must be experi-
enced in the safety regulation of transporting hazardous liquid
and of hazardous liquid pipeline facilities or technically qualified,
by training, experience, or knowledge in at least one field of
engineering applicable to transporting hazardous liquid or operating
a hazardous liquid pipeline facility, to evaluate hazardous liquid
pipeline safety standards.
H. R. 1758—576
(3) The members of each committee are appointed as follows:
(A) 5 individuals selected from departments, agencies, and
instrumentalities 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 paragraph (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, back-
ground, 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 Stand-
ards Committee each standard proposed under this chapter
for transporting hazardous liquid and for hazardous liquid pipe-
line facilities.
(2) Not later than 90 days after receiving the proposed standard,
the appropriate committee shall prepare a report on the technical
feasibility, reasonableness, and practicability of the proposed stand-
ard. The Secretary shall 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 conclu-
sions of the committee. However, if the Secretary rejects the conclu-
sions 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 DEVELOP-
MENT
RECOMMENDATIONS.—(1) The Technical Pipeline Safety
Standards Committee may propose to the Secretary a safety stand-
ard for transporting gas and for gas pipeline facilities. The Technical
Hazardous Liquid Pipeline Safety Standards Committee may pro-
pose 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 development 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
H. R. 1758—577
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 section 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 possible hazards associated with gas leaks and
the importance of reporting gas odors and leaks to the appropriate
authority. The Secretary may develop material suitable for use
in the program.
§ 60117. Administrative
(a) GENERAL AUTHORITY.—To carry out this chapter, the Sec-
retary of Transportation may conduct investigations, make reports,
issue subpenas, conduct hearings, require the production of records,
take depositions, and conduct research, testing, development, dem-
onstration, 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 Sec-
retary to decide whether a person transporting gas or hazardous
liquid or operating a 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 informa-
tion the Secretary requires; and
(2) make the records, reports, and information available
when the Secretary requests.
(c) ENTRY
AND INSPECTION.—An officer, employee, or agent
of the Department of Transportation designated by the Secretary,
on display of proper credentials 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 prescribed
or orders issued under this chapter.
(d) CONFIDENTIALITY OF INFORMATION.—Information related to
a confidential 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 proceeding 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 require testing of a part of a pipeline facility subject to this
H. R. 1758—578
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 Sec-
retary considers appropriate, the National Transportation
Safety Board.
(g) PROVIDING SAFETY INFORMATION.—On request, the Sec-
retary shall provide the Federal Energy Regulatory Commission
or appropriate State authority with information the Secretary has
on the safety of material, operations, 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 Govern-
ment, the States, and public 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 Govern-
ment, State and local governments, and public and private
agencies and persons to develop and encourage activities,
including the enactment of legislation, that will assist in carry-
ing out this chapter and improve State and local pipeline safety
programs; and
(3) participate in a proceeding involving safety require-
ments related to a liquefied natural gas facility before the
Commission or a State authority.
(i) PROMOTING COORDINATION.—After consulting with appro-
priate State officials, the Secretary shall establish procedures to
promote more effective coordination between departments, agencies,
and instrumentalities of the Government and State authorities
with regulatory authority over pipeline facilities 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 mainte-
nance required 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 orders 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,