Pipeline Safety Reauthorization Act of 1988
PL 100-561 (H.R.2266), enacted 10/31/1988

PUBLIC LAW 100-561—OCT. 31, 1988 
102 STAT. 2805 
Public Law 100-561 
100th Congress 
An Act 
To amend the Natural Gas Pipeline Safety Act of 1968 and tlie Hazardous liquid 
Pipeline Safety Act of 1979 to authorise appropriations for fiscal years 1988 and 
1989, and for other purposes. 
Oct. 31, 1988 
[H.R. 2266] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. 
Pipeline Safety 
Reauthorization 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Act of 1988. 
(a) SHORT TITLE.—This Act may be cited as the "Hpeline Safety govlrnmtnS.^^ 
Reauthorization Act of 1988". 
49USCapp. 
(b) T A B L E OF C O N T E N T S . — 
i67inote. 
TITLE I—NATURAL GAS PIPELINE SAFETY 
Sec. 101. Certification authority. 
Sec. 102. State notification and pipeline inventory. 
Sec 103. State enforcement. 
Sec 104. Qualifications for State grant programs. 
Sec 105. Federal-State cooperation in case of accident. 
Sec 106. Increased civil penalties. 
Sec. 107. Destruction of signs or markers. 
Sec 108. Additional inspection and testing. 
Sec. 109. State prenotification of testing. 
Sec 110. Authorization for appropriations. 
TITLE n—HAZARDOUS UQUID PIPELINE SAFETY 
Sec 201. Certification authority-
Sec 202. State notificaticm and pipeline inventory. 
Sec 203. State enforoemrait. 
Sec 204. Qualifications for State grant programs. 
Sec 205. Increased civU penalties. 
Sec 206. Destruction i
r
f
" signs or markers. 
Sec 207. Additional inspection and testing. 
Sec 208. State prenotification of testing. 
Sec 209. Federal-State cooperation in case of aocidmt. 
Sec 210. Authorization for :^>pr(^riations. 
Sec 211. Carbon dioxide. 
TITLE m—GENERALLY APPUCABLE PIPELINE SAFETY PROVISIONS 
Sec 301. Grants-in-aid authorization. 
Sec 302. Additiinial hirings. 
Sec 303. Minimum requirements for one-call notification systems. 
Sec 304. Internal inspection of pipelines. 
Sec 305. EmeTgRncy flow restricting dtevioes. 
Sec 306. Feasibility of regulating ezcavaticm activities. 
Sec 307. Pipeline safety instructors. 
Sec 306. Claiificati<m of congressional intent. 
TITLE IV—MOTOR VEHICLE INFORMATION AND COST SAVINGS 
Sec 401. Transfer of tities held by lienholders. 
102 STAT. 2806 
PUBLIC LAW 100-561—OCT. 31, 1988 
TITLE I—NATURAL GAS PIPELINE 
SAFETY 
SEC. 101. CERTIFICATION AUTHORITY. 
Section 3(aXl) of the Natural Gas Pipeline Safety Act of 1968 (49 
U.S.C. App. 1672(aXl)) is amended by inserting after the second 
sentence the following: "Such standards may include a requirement 
that all individuals responsible for the operation and maintenance 
of pipeline facilities be tested for qualifications and certified to 
perform such functions.". 
SEC. 102. STATE NOTIFICATION AND PIPELINE INVENTORY. 
Section 3 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 
App, 1672) is amended by adding at the end the following new 
subsections: 
Regulations. 
"(e) NOTIFICATION STANDARDS.—Not later than 1 year after the 
date of the enactment of this subsection, the Secretary shall estab-
lish by regulation minimum Federal standards requiring operators 
of pipeline facilities subject to this Act (to the extent practicable) to 
provide, and revise as necessary, information relating to the oper-
ation of such facilities. Such information shall be completed and 
maintained and be provided, upon request, to the Secretary and an 
appropriate official of a State, as the case may be. Such information 
shall include the following: 
"(1) The business name, address, and telephone number, 
including an operations emergency telephone number, of the 
operator. 
"(2) An accurate map or maps, along with an appropriate 
supplementary geographic description, showing the location of 
major pipeline facilities, including all transmission lines and 
significant distribution lines, of such operator in the State. 
"(3) A description of the characteristics of the operator's 
pipelines within the State. 
"(4) A description of all products transported through the 
operator's pipelines within the State. 
"(5) The manual which governs operations and maintenance 
of the pipeline facilities located in the State. 
"(6) An emergency response plan describing the operator's 
procedures for responding to and containing releases, includ-
ing— 
"(A) an identification of specific actions which will be 
taken by the operator on discovery of a release; 
"(B) liaison procedures with State and local government 
agencies for emergency response; and 
"(C) communication and alert procedures for immediate 
notification of State and local officials at the time of any 
release. 
"(7) Any other information the Secretary considers useful and 
necessary to inform the States of the presence of pipeline 
facilities and operations within their boundaries. 
Regulations. 
"(f) PiPEUNE INVENTORY STANDARDS.—The Secretary shall, by 
regulation, establish minimum Federal standards to require, not 
later than 1 year after the date of the enactment of this subsection, 
operators of pipeline facilities subject to this Act, to the extent 
practicable, to complete and maintain for the Secretary, and to 
"^sa^i 
PUBLIC LAW 100-561—OCT. 31, 1988 
102 STAT. 2807 
revise as appropriate thereafter, an inventory with appropriate 
information with respect to all types of pipe used for the trans-
mission of gas in such operator's system, along with additional 
information such as the material history and the leak history of 
such pipe. Such inventory shall exclude equipment used with the 
compression of gas.". 
SEC. 103. STATE ENFORCEMENT. 
Section 5(aX3) of the Natural Gas Pipeline Safety Act of 1968 (49 
U.S.C. App. 1674(aX3)) is amended by inserting "through means 
which include inspections conducted by State employees who meet 
qualifications established by the Secretary under subsection (d)" 
after "each such standard". 
SEC. 104. QUALIFICATIONS FOR STATE GRANT PROGRAMS. 
Section 5(d) of the Natural Gas Pipeline Safety Act of 1968 (49 
U.S.C. App. 1674(d)) is amended by adding at the end the following 
new paragraph: 
"(5) QuAUFiCATiONS FOR STATE GRANT PROGRAMS.—The Sec-
retary may establish by regulation qualifications for States to 
meet in order to participate in the pipeline safety grant pro-
gram under this subsection, including qualifications for State 
employees who perform inspection activities pursuant to either 
an annual certification by a State agency or an agreement 
relating to inspection between a State agency and the Secretary. 
Such regulations may take into account the experience and 
training of the State employee, may mandate training or other 
requirements, and may provide for conditional approval of 
qualifications pending satisfaction of specified requirements.". 
SEC. 105. FEDERAL-STATE COOPERATION IN CASE OF ACCIDENT. 
Section 9 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 
App. 1676) is amended— 
(1) by inserting "(a) GENERAL RULE.—" before "Whenever"; 
and 
(2) by adding at the end the following new subsection: 
"(b) (DooRDiNATiON PROCEDURES.—Not later than 1 year after the 
date of the enactment of this subsection, the Secretary, after con-
sultation with appropriate State officials, shall establish procedures 
to promote more effective coordination between the agencies of the 
United States and of the States with regulatory authority over 
pipeline facilities with respect to responses to pipeline accidents.". 
SEC. 106. INCREASED CIVIL PENALTIES. 
Section ll(aXl) of the Natural Gas Pipeline Safety Act of 1968 (49 
U.S.C. App. 1679a(aXl)) is amended— 
(1) by inserting ", after notice and an opportunity for a 
hearing," after "Secretary"; 
(2) by striking out "$1,000" and inserting in lieu thereof 
"$10,000"; and 
(3) by striking out "$200,000" and inserting in lieu thereof 
"$500,000". 
SEC. 107. DESTRUCTION OF SIGNS OR MARKERS. 
Section 11(c) of the Natural Gas Pipeline Safety Act of 1968 (49 
U.S.C. App. 1679a(c)) is amended by adding at the end the following 
new paragraph: 
102 STAT. 2808 
PUBLIC LAW 100-561—OCT. 31, 1988 
Law 
"(3) DESTRUCTION OF SIGNS OR MARKERS.—Any person who 
enforcement and 
willfully and knowingly defaces, damages, removes, or destroys 
'^"™®' 
any pipeline sign or right-of-way marker required by Federal 
law or regulation shall, upon conviction, be subject, for each 
offense, to a fine of not more than $5,000, imprisonment for a 
term not to exceed 1 year, or both.". 
SEC. 108. ADDITIONAL INSPECTION AND TESTING. 
(a) INSPECTION AND TESTING.—Section 13 of the Natural Gas Pipe-
line Safety Act of 1968 (49 U.S.C. App. 1680) is amended— 
(1) by inserting "(a) PIPEUNE OPERATOR'S RESPONSIBILITIES.—" 
before "Each person who engages"; and 
(2) by adding at the end the following new subsection: 
"(b) SECRETARY'S RESPONSIBIUTIES.— 
"(1) IN GENERAL.—The Secretary shall inspect and, as appro-
priate, shall require testing of pipeline facilities subject to this 
Act and not covered by an agreement or certification under 
section 5 to ensure the safety of such pipeline facilities. To the 
extent and in such amounts £is are provided in advance by 
appropriation Acts, such inspections shall be at intervals deter-
mined under paragraph (2) but no less frequently than once 
every 2 years thereafter; except that the Secretary may reduce 
the frequency of such inspections with respect to master meter 
systems. Such inspections shall begin as soon as feasible, but in 
no event more than 1 year after the date of the enactment of 
this subsection. Such testing shall be performed using the most 
appropriate technology practicable. 
"(2) CRITERIA FOR FREQUENCY AND TYPE.—The frequency and 
type of inspection and testing under this subsection shall be 
determined by the Secretary on a case-by-case basis after consid-
eration of the following factors: 
"(A) The location of the pipeline facilities. 
"(B) The type, size, age, manufacturer, method of 
construction, and condition of the pipeline facilities. 
"(C) The nature and volume of the materials transported 
through the pipeline facilities and the pressure at which 
they are transported. 
"(D) The climatic, geologic, and seismic characteristics of, 
and conditions (including soil characteristics) associated 
with the areas in which the pipeline facilities are located, 
and the existing and projected population and demographic 
characteristics associated with such areas. 
"(E) The frequency of leaks, if any. 
"(F) Any other factors determined by the Secretary to be 
relevant to the safety of pipeline facilities.". 
(b) INSTRUMENTED INTERNAL INSPECTION DEVICES.—Section 3 of 
such Act (49 U.S.C. App. 1672) is amended by adding at the end the 
following new subsection: 
Regulations. 
"(g) INSTRUMENTED INTERNAL INSPECTION DEVICES.—The Secretary 
shall, by regulation, establish minimum Federal safety standards 
requiring that— 
"(1) the design and construction of new transmission facilities, 
and 
"(2) when replacement of existing transmission facilities or 
equipment is required, the replacement of such existing facili-
ties, 
PUBLIC LAW 100-561—OCT. 31, 1988 
102 STAT. 2809 
be carried out, to the extent practicable, in a manner so as to 
accommodate the passage through such transmission faciUties of 
instrumented internal inspection devices (commonly referred to as 
'smart pigs').", 
(c) IMPROVEMENT OF MASTER METER INSPECTION PROGRAM.— 
49 use app. 
(1) STUDY.—The Secretary of Transportation shall undertake 
1680 note, 
a study to assess the need for an improved inspection program 
for master meter systems. 
: 
(2) REPORT.—Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Transportation shall 
submit to Congress a report detailing the Secretary's findings 
under paragraph (1) together with any recommendations of the 
Secretary for appropriate legislation. 
SEC. 109. STATE PRENOTIFICATION OF TESTING. 
Section 14(a) of the Natural Gas Pipeline Safety Act of 1968 (49 
U.S.C. App. 1681(a)) is amended by inserting after the first sentence 
the following new sentence: "Prior to requiring such testing, the 
Secretary shall notify the appropriate State official in the State in 
which the affected pipeline facility is located.". 
SEC. no. AUTHORIZATION FOR APPROPRIATIONS. 
Section 17(a) of the Natural Gas Pipeline Safety Act of 1968 (49 
U.S.C. App. 1684(a)) is amended— 
(1) by striking "and" at the end of paragraph (4); 
(2) by striking the period at the end of paragraph (5) and 
inserting in lieu thereof a semicolon; and 
(3) by adding at the end the following: 
"(6) $3,733,000 for the fiscal year ending September 30, 1988; 
"(7) $3,978,000 for the fiscal year ending September 30, 1989; 
"(8) $4,086,000 for the fiscal year ending September 30, 1990; 
and 
"(9) $4,270,000 for the fiscal year ending September 30, 1991. 
The Secretary may credit to any appropriation authorized under 
this subsection funds received from non-Federal sources for re-
imbursement for expenses incurred by the Secretary in providing 
training. The Secretary may expend in fiscal year 1989 or fiscal year 
1990 not to exceed $50,000 of funds appropriated pursuant to this 
subsection for such fiscal year for establishing a training program 
for persons who install, operate, and maintain a system of providing 
natural gas for more than one unit in a definable area (including a 
building or series of buildings, a mobile home park, a housing 
project, or an apartment complex) through use of a master metering 
system in lieu of separate meters." 
TITLE II—HAZARDOUS LIQUID PIPELINE 
SAFETY 
SEC. 201. CERTIFICATION AUTHORITY. 
Section 203(c) of the Hazardous Liquid Pipeline Safety Act of 1979 
(49 U.S.C. App. 2002(c)) is amended by inserting after the first 
sentence the following: "Such standards may include a requirement 
that all individuals responsible for the operation and maintenance 
of pipeline facilities be tested for qualifications and certified to 
perform such functions ". 
102 STAT. 2810 
PUBLIC LAW 100-561—OCT. 31, 1988 
SEC 202. STATE NOTIFICATION AND PIPELINE INVENTORY. 
Section 203 of the Hazardous Liquid Pipeline Safety Act of 1979 
(49 U.S.C. App. 2002) is amended by adding at the end the following 
new subsections: 
Regulations. 
"(i) NOTIFICATION STANDARDS.—Not later than 1 year after the 
date of the enactment of this subsection, the Secretary shall estab-
lish by r^ulation minimum Federal standards requiring operators 
of pipeline facilities subject to this title (to the extent practicable) to 
provide, and revise as necessary, information relating to operation 
of such facilities. Such information shsdl be completed and main-
tained and be provided, upon request, to the Secretary and an 
appropriate official of a State, as the case may be. Such information 
shall include the following: 
"(1) The business name, address, and telephone number, 
including an operations emeigeni^ telephone number, of the 
operator. 
"(2) An accurate map or maps, along with any appropriate 
supplementary geographic description, showing the location of 
major pipeline facilities of such operator in the State. 
"(3) A description of the characteristics of the operator's 
pipelines within the State. 
"(4) A description of all products transported through the 
operator's pipelmes within the State. 
"(5) The manual which governs operations and maintenance 
of the pipeline facilities located in the State. 
"(6) An emergency response plan describing the operator's 
procedures for responding to and containing releases, includ-
ing— 
"(A) an identification of specific actions which will be 
taken by the operator on discovery of a release; 
"(B) liaison procedures with State and local government 
agencies for emergency response; and 
"(C) communication and alert procedures for immediate 
notification of State and local officials at the time of any 
release. 
"(7) Any other information the Secretary considers useful and 
necessary to inform the States of the presence of pipeline 
facilities and operations within their boundaries. 
Regulations. 
"0") PIPELINE INVENTORY STANDARDS.—The Secretary shall, by 
r^fulation, establish minimum Federal standards to require, not 
later than 1 year after the date of the enactment of this subsection, 
operators of pipeline facilities subject to this title, to the extent 
practicable, to complete and maintain for the Secretai^, and revise 
as appropriate thereafter, an inventory with appropriate informa-
tion with respect to all types of pipe used for the transmission of 
hazardous liquids in such operator's system, along with additional 
information such as the material history and the leak history of 
such pipe. Such inventory shall exclude equipment associated only 
with the pipeline pumps or storage facilities.". 
SEC 203. STATE ENFORCEMENT. 
Section 205(aX3) of the Hazardous Liquid Pipeline Safety Act of 
1979 (49 U.S.C. App. 2004(aX3)) is amended by inserting "through 
means which include inspections conducted by State employees who 
meet qualifications established by the Secretary under subsection 
(d)" after "each such standard". 
PUBLIC LAW 100-561—OCT. 31, 1988 
102 STAT. 2811 
SEC. 204. QUALIFICATIONS FOR STATE GRANT PROGRAMS. 
Section 205(d) of the Hazardous Liquid Pipeline Safety Act of 1979 
(49 U.S.C. App. 2004(d)) is amended by adding at the end the 
following new paragraph: 
"(5) QUALIFICATIONS FOR STATE GRANT PROGRAMS.—The Sec-
retary may establish by regulation qualifications for States to 
meet in order to participate in the pipeline safety grant pro-
gram under this subsection, including qualifications for State 
employees who perform inspection activities pursuant to either 
an annual certification by a State agency or an agreement 
relating to inspection between a State agency and the Secretary. 
Such regulations may take into account the experience and 
training of the State employee, may mandate training or other 
requirements, and may provide for conditional approval of 
qualifications pending satisfaction of specified requirements.". 
SEC. 205. INCREASED CIVIL PENALTIES. 
Section 208(a)(1) of the Hazardous Liquid Pipeline Safety Act of 
1979 (49 U.S.C. App. 2007(a)(1)) is amended— 
(1) by inserting ", after notice and an opportunity for a 
hearing," after "Secretary"; 
(2) by striking out "$1,000" and inserting in lieu thereof 
"$10,000"; and 
(3) by striking out "$200,000" and inserting in lieu thereof 
"$500,000". 
SEC. 206. DESTRUCTION OF SIGNS OR MARKERS. 
Section 208(c) of the Hazardous Liquid Pipeline Safety Act of 1979 
(49 U.S.C. App. 2007(c)) is amended by adding at the end the 
following new paragraph: 
"(3) DESTRUCTION OF SIGNS OR MARKERS.—Any person who 
Law 
willfully and knowingly defaces, damages, removes, or destroys 
enforcement and 
any pipeline sign or right-of-way marker required by Federal 
^nme. 
law or regulation shall, upon conviction, be subject, for each 
offense, to a fine of not more than $5,000, imprisonment for a 
term not to exceed 1 year, or both". 
SEC. 207. ADDITIONAL INSPECTION AND TESTING. 
(a) INSPECTION AND TESTING.—Section 210 of the Hazardous Liquid 
Pipeline Safety Act of 1979 (49 U.S.C. App. 2009) is amended by 
adding at the end the following new subsection: 
"(d) SECRETARY'S RESPONSIBILITIES.— 
"(1) IN GENERAL.—The Secretary shall inspect and, as appro-
priate, shall require testing of pipeline facilities subject to this 
title and not covered by an agreement or certification under 
section 205 to ensure the safety of such pipeline facilities. To the 
extent and in such amounts as are provided in advance by 
appropriation Acts, such inspections shall be at intervals deter-
mined under paragraph (2) but no less frequently than once 
every 2 years thereafter. Such inspections shall begin as soon as 
feasible, but in no event more than 1 year after the date of the 
enactment of this subsection. Such testing shall be performed 
using the most appropriate technology practicable. 
"(2) CRITERIA FOR FREQUENCY AND TYPE.—The frequency and 
type of inspection and testing under this subsection shall be 
determined by the Secretary on a case-by-case basis after consid-
eration of the following factors: 
102 STAT. 2812 
PUBLIC LAW 100-561—OCT. 31, 1988 
"(A) The location of the pipeline facilities. 
"(B) The type, size, age, manufacture, method of construc-
tion, and condition of the pipeline facilities. 
"(C) The nature and volume of the materials transported 
through the pipeline facilities and the pressure at which 
they are transported. 
"(D) The climatic, geologic, and seismic characteristics of, 
and conditions (including soil characteristics) associated 
with the areas in which the pipeline facilities are located, 
and the existing and projected population and demographic 
characteristics associated with such areas. 
"(E) The frequency of leaks, if any. 
"(F) Any other factors determined by the Secretary to be 
relevant to the safety of pipeline facilities.". 
(b) INSTRUMENTED INTERNAL INSPECTION DEVICES.—Section 203 of 
such Act (49 U.S.C. App. 2002) is amended by inserting at the end 
the following new subsection: 
Regulations. 
"(k) INSTRUMENTED INTERNAL INSPECTION DEVICES.—The Sec-
retary shall, by r^ulation, establish minimum Federal safety stand-
ards requiring that— 
"(1) the design and construction of new pipeline facilities, and 
"(2) when the replacement of existing pipeline facilities or 
^uipment is required, the replacement of such existing facili-
ties, 
be carried out, to the extent practicable, in a manner so as to 
accommodate the passage through such pipeline facilities of in-
strumented internal inspection devices (commonly referred to as 
'smart pigs')."-
(c) TBGHNICAL CORRECTION.—Section 210 of such Act (49 U.S.C. 
App. 2009) is amended by striking the last sentence of subsection 
(cX3) and inserting such sentence at the end of subsection (a). 
SEC. 208. STATE PRENOTIFICATION OF TESTING. 
Section 211(a) of the Hazardous Liquid Pipeline Safety Act of 1979 
(49 U.S.C. App. 2010(a)) is amend^ by inserting after the first 
sentence the following new sentence: "Prior to requiring such test-
ing, the Secretary shall notify the appropriate State official in the 
State in which the affected pipeline facility is located.". 
SEC. 209. FEDERAL-STATE COOPERATION IN CASE OF ACCIDENT. 
Section 212 of the Hazardous Liquid Pipeline Safety Act of 1979 
(49 U.S.C. App. 2011) is amended by adding at the end the following 
new subsection: 
"(d) COORDINATION PROCEDURES.—Not later than 1 year after the 
date of the enactment of this subsection, the Secretary, after con-
sultation with appropriate State officials, shall establish procedures 
to promote more effective coordination between the agencies of the 
United States and of the States with regulatory authority over 
pipeline facilities with respect to responses to pipeline accidents.". 
SEC. 210. AUTHORIZATION FOR APPROPRIATIONS. 
Section 214(a) of the Hazardous Liquid Pipeline Safety Act of 1979 
(49 U.S.C. App. 2013(a)) is amended— 
(1) by striking "and" at the end of paragraph (4); 
(2) by striking the period at the end of paragraph (5) and 
inserting in Ueu thereof a semicolon; and 
(3) by adding at the end the following: 
PUBLIC LAW 100-561—OCT. 31, 1988 
102 STAT. 2813 
"(6) $921,000 for the fiscal year ending September 30, 1988; 
"(7) $995,000 for the fiscal year ending September 30, 1989; 
"(8) $1,021,000 for the fiscal year ending September 30, 1990; 
and 
"(9) $1,067,000 for the fiscal year ending September 30,1991. 
The Secretary may credit to any appropriation authorized under 
this subsection funds received from non-Federal sources for re-
imbursement for expenses incurred by the Secretary in providing 
training.". 
SEC. 211. CARBON DIOXIDE. 
49 USC app. 
(a) REGULATION.—^The Hazardous Liquid Pipeline Safety Act of 
1979 (49 U.S.C. App. 2001 et seq.) is further amended by adding at 
the end the following new section: 
"SEC. 219. CARBON DIOXIDE. 
"(a) GENERAL RULE.—In addition to hazardous liquids, the Sec-
retary shall r^ulate under this title carbon dioxide which is trans-
ported by pipeline facilities. 
"(b) REGULATIONS.—^The Secretaiy, as necessary and appropriate, 
shall amend regulations issued with respect to hazardous liquids 
under this title and shall issue new r^ulations to ensure the safe 
transportation of carbon dioxide by pipeline facilities.". 
(b) CONFORMING AMENDBfENT.—The table of contents in section 
1(b) of the Hazardous Liquid Pipeline Safety Act of 1979 is amended 
by inserting 
"Sec. 219. Carbon dioxide." 
after 
"Sec. 218. Savings provisions.". 
(c) EFFECTIVE DATE.—Section 219(a) of the Hazardous Liquid Pipe- 
49 use app. 
line Safety Act of 1979, as added by subsection (a) of this section, 
2015 note. 
shall take effect 18 months after the date of the enactment of this 
Act. 
TITLE III—GENERALLY APPLICABLE 
PIPELINE SAFETY PROVISIONS 
SEC. 301. GRANTS-IN-AID AUTHORIZATION. 
(a) IN GENERAL.—Subsection (c) of section 17 of the Natural Gas 
Pipeline Safety Act of 1968 (49 U.S.C. App. 1684) is amended— 
(1) by striking "and" aft«r "September 30,1986,"; and 
(2) by inserting ", $5,000,000 for the fiscal year ending 
September 30, 1988, $5,500,000 for the fiscal year ending 
September 30, 1989, $5,500,000 for the fiscal year ending 
September 30, 1990, and $5,500,000 for the fiscal year ending 
September 30,1991" after "September 30,1987". 
(b) MAXIMUM ALLOCATION ON INDIRECT EXPENSES.— 
(1) IN GENERAL.—Subsection (d) of such section is amended by 
inserting "(1) SET ASIDE FOR HAZARDOUS UQUID GRANTS-IN-AID 
PROGRAM.—" before "Not less than" and by adding at the end 
thereof the foUoMdng new paragraph: 
102 STAT. 2814 
PUBLIC LAW 100-561—OCT. 31, 1988 
"(2) MAXIMUM ALLOCATION TO INDIRECT EXPENSES.—Not more 
than 20 percent of the amount of a pipehne safety grant made 
to a State under section 5(d) of this Act and section 205(d) of the 
Hazardous Pipeline Safety Act of 1979 may be allocated to 
indirect expenses.". 
(2) CONFORMING AMENDMENTS.—Such subsection is further 
amended— 
(A) by inserting "LIMITATION ON GRANTS-IN-AID FUNDS.—" 
after "(d)" the first place it appears; and 
(B) by indenting paragraph (1), as designated by this 
subsection, and aligning such paragraph with paragraph (2) 
of such section, as added by this subsection. 
(c) ADDITIONAL FUNDING.—Such section is further amended by 
adding at the end the following new subsection: 
"(e) ADDITIONAL FUNDING.— 
"(1) ADDITIONAL GRANT FUNDS.—The Secretary shall make 
available for grants to the States any funds appropriated for 
fiscal years 1986 and 1987 which have not been expended in 
making grants under section 5(d) of this Act and section 205(d) 
of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 
App. 2004(d)). 
"(2) ELIGIBILITY.—Grants made under this subsection shall be 
available to States which in 1988 or thereafter (A) undertake 
new responsibilities under section 5(a) of this Act or section 
205(a) of the Hazardous Liquid Pipeline Safety Act of 1979, or 
(B) implement a one-call damage prevention program estab-
lished under State law. 
"(3) LIMITATIONS.—Nothing in this subsection shall result in 
any State receiving grant funds under this Act or under the 
Hazardous Liquid Pipeline Safety Act of 1979 in excess of 50 
percent of its allowable pipeline safety costs. No State shall 
receive funds under this subsection in excess of $75,000. 
"(4) AVAILABILITY.—Funds made available under this subsec-
tion shall remain available until expended.". 
SEC. 302. ADDITIONAL HIRINGS. 
Section 17 of the Natural Gas Pipeline Safety Act of 1968 (49 
U.S.C. App. 1684) is amended by adding at the end thereof the 
following new subsection: 
Appropriation 
"(f) ADDITIONAL HIRING.—For purposes of hiring 8 additional 
authorization. 
inspectors to Carry out inspections under section 13(b) of this Act 
and section 210(d) of the Hazardous Liquid Pipeline Safety Act of 
1979 and necessary support staff, there is authorized to be appro-
priated $500,000 for fiscal year 1989. For purposes of retaining the 
persons hired under the preceding sentence and for hiring 8 addi-
tional inspectors to carry out such inspections and necessary sup-
port staff, there is authorized to be appropriated $1,000,000 for fiscal 
year 1990. For purposes of retaining the persons hired under the two 
preceding sentences, there is authorized to be appropriated 
$1,000,000 for fiscal year 1991.". 
SEC. 303. MINIMUM 
REQUIREMENTS FOR 
ONE-CALL NOTIFICATION 
SYSTEMS. 
(a) REQUIREMENT AND GRANT PROGRAM.—The Natural Gas Pipe-
line Safety Act of 1968 (49 U.S.C. App. 1671-1686) is amended by 
adding at the end thereof the following new section: 
PUBLIC LAW 100-561—OCT. 31, 1988 
102 STAT. 2815 
"SEC. 20. MINIMUM REQUIREMENTS FOR 
ONE-CALL 
NOTIFICATION 
49 USC app. 
SYSTEMS. 
1687. 
"(a) STATE ADOPTION OF SYSTEM.—In making allocations under 
section 5 of this Act, and under section 205 of the Hazardous Liquid 
Pipeline Safety Act of 1979, the Secretary shall consider whether a 
State has adopted or is seeking adoption of a one-call notification 
system under subsection (b). If the Secretary determines that any 
State has not adopted, and is not seeking adoption of, such a system, 
such State may not receive the full reimbursement under such 
sections to which it would otherwise be entitled. 
"(b) ONE-CALL NOTIFICATION SYSTEMS.—Not later than 18 months Regulations. 
after the date of the enactment of this section, the Secretary shall 
issue regulations establishing minimum Federal requirements for 
establishment and operation of one-call notification systems for 
adoption by States as described in subsection (a) relating to notifica-
tion of operators of pipeline facilities of activities in the vicinity of a 
pipeline facility which could threaten the safety of such facility. 
Such regulations shall include, but not be limited to, the following: 
"(1) A requirement that the system or systems apply to all 
areas of the State containing underground pipeline facilities. 
"(2) A requirement that any person intending to engage in 
any activity, as determined by the Secretary, which could cause 
physical damage to an underground pipeline facility must con-
tact the appropriate one-call notification system to determine if 
there are underground pipeline 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 
system. 
"(4) Qualifications for operation of such a system whether by 
operators of pipeline facilities, private contractors, or State or 
local agencies. 
"(5) Procedures for advertisement and notice of the availabil-
ity of such a system. 
"(6) Requirements for the information to be provided by 
persons contacting the system under paragraph (2). 
"(7) Requirements for the response of the operator of such 
notification system and of the operator of the pipeline facility 
after contact by a person under this subsection. 
"(8) A requirement that each State determine whether the 
notification system will be toll free or not. 
"(9) Requirements for sanctions substantially the same as are 
provided under sections 11 and 12 of this Act. 
"(c) GRANTS TO STATES.—The Secretary may make grants to States 
for development and establishment of one-call notification systems 
which are consistent with all of the requirements established under 
subsection (b). 
"(d) LIMITATION.—Nothing in this section or any regulation issued 
under this section shall alter any liability established under Federal 
or State law for damages caused by activities described in subsection 
(b)(2). 
"(e) PIPELINE FACILITY DEFINED.—As used in this section, the term 
'pipeline facility' includes, in addition to pipeline facilities as de-
fined by this Act, any pipeline facility which is described in section 
202(4) of the Hazardous Liquid Pipeline Safety Act of 1979. 
102 STAT. 2816 
PUBLIC LAW 100-561—OCT. 31, 1988 
"(f) AUTHORIZATION OF APPROPRIATIONS.—For purposes of carrying 
out subsection (c), there is authorized to be appropriated $1,000,000 
per fiscal year for each of fiscal years 1990 and 1991. Such sums 
shall remain available until expended.". 
OJ) CONFORMING AMENDMENTS.—(1) Section 5(a) of the Natural 
Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1674(a)) is amended 
by striking "section 19" and inserting in lieu thereof "sections 19 
and 20". 
(2) Section 17(a) of such Act (49 U.S.C. 1684(a)) is amended by 
inserting "or section 20" after "subsection (b) or (c)". 
49 use app. 
SEC. 304. INTERNAL INSPECTION OF PIPELINES. 
(a) STUDY.—The Secretary of Transportation shall undertake a 
study assessing the feasibility of requiring the inspection of trans-
mission facilities with instrumented internal inspection devices at 
periodic intervals determined after consideration of the factors set 
forth in section 13(bX2) of the Natural Gas Pipeline Safety Act of 
1968 and section 21(KdX2) of the Hazardous Liquid Pipeline Safety 
Act of 1979. 
(b) REPORT.—^Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Transportation shall submit 
to 0>ngress a report detailing the Secretary's findings under subsec-
tion (a) together with any recommendations of the Secretary for 
appropriate legislation. 
49 use app. 
SEC. 305. EMERGENCY FLOW RESTRICTING DEVICES. 
(a) STUDY.—The Secretary of Transportation shall undertake a 
study of the safety, cost, feasibility, and effectiveness of requiring 
operators of pipeline facilities subject to the Natural Gas Pipeline 
Safety Act of 1968 and operators of pipeline facilities subject to the 
Hazardous Liquid Pipeline Safety Act of 1979 to install emergency 
flow restricting devices in existing and future pipeline systems in 
vai^5dng circumstances and locations. The Secretary of Transpor-
tation shall also assess the cost and effectiveness of initiating a 
demonstration project of such emergency flow restricting devices. 
(b) REPORT.—Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Transportation shall submit to Congress 
a report detailing the Secretary's findings under subsection (a) 
together with any recommendations of the Secretary for appropriate 
l^islation. 
49 use app. 
SEC. 306. FEASIBILITY OF REGULATING EXCAVATION ACTIVITIES. 
(a) ASSESSMENT AND REPORT.—The Secretary of Transportation 
shall assess the feasibility of regulating persons whose excavation 
activities may result in damage to pipeline facilities (as defined 
under section 2 of the Natural Gas Pipeline Safety Act of 1968 and 
under section 202 of the Hazardous Liquid Pipeline Safety Act of 
1979) and, not later than 1 year after the date of the enactment of 
this Act, transmit to Congress a report on the results of such 
assessment t(^ether with any l^islative recommendations of the 
Secretary concerning r^ulation of such persons. 
(b) FUNDING.—The Secretary of Transportation may use such 
sums as may be necessary of funds appropriated pursuant to section 
17(a) of the Natural Gas Pipeline Safety Act of 1968 and section 
214(a) of the Hazardous Liquid Pipeline Safety Act to carry out this 
section. 
PUBLIC LAW 100-561—OCT. 31, 1988 
102 STAT. 2817 
SEC. 307. PIPELINE SAFETY INSTRUCTORS. 
To the extent and in such amounts as are provided in advance by 
appropriation Acts, the Secretary of Transportation shall increase 
by not less than 2 the number of instructors of pipeline safety at the 
Transportation Safety Institute of the Department of Transpor-
tation. 
SEC. 308. CLARIFICATION OF CONGRESSIONAL INTENT. 
49 USC prec. 101 
The Act entitled "An Act to revise, codify, and enact without 
substantive change the Interstate Commerce Act and related laws 
as subtitle IV of title 49, United States Code, Transportation' ", 
approved October 17, 1978 (92 Stat. 1337; Public Law 95-473) does 
not repeal and has no substantive effect on any rights, obligations, 
liabilities, or remedies of oil pipelines, including those arising under 
any provisions of the Interstate Commerce Act (49 U.S.C. App. 1 et 
seq.) or the Pomerene Bills of Lading Act (49 U.S.C. App. 81 et seq.), 
before any Federal department or agency or official thereof or a 
court of competent jurisdiction. 
TITLE IV—MOTOR VEHICLE 
INFORMATION AND COST SAVINGS 
SEC. 401. TRANSFER OF TITLES HELD BY LIENHOLDERS. 
Section 408(d)(1) of the Motor Vehicle Information and Cost Sav-
ings Act (15 U.S.C. 1988(d)(1)) is amended by adding at the end 
thereof the following new subparagraph: 
"(C) In the case of a transferor to whom title to a motor vehicle 
has been issued by any State and such title is, at the time of a 
transfer of such motor vehicle, physically held by a lienholder, 
nothing in this subsection shall be construed to prohibit for purposes 
of the mileage disclosure requirements of this section the use of a 
written power of attorney (if otherwise permitted by State law) in a 
form, and under reasonable conditions, prescribed by rule by the 
Secretary before February 1, 1989. The rule shall (i) ensure disclo-
sure on the power of attorney document of the actual mileage at the 
time of the transfer, and (ii) ensure that such mileage will be 
restated exactly by the person exercising the power of attorney in 
the space referred to in paragraph (2)(A)(iii). The rule, consistent 
with the purposes of this Act and the need to facilitate enforcement 
thereof, shall prescribe that the form be issued by the State to the 
transferee in accordance with paragraph (2)(A)(i) and shall provide 
for retention of a copy of such power of attorney and for the original 
to be submitted back to the State by the person granted such power 
of attorney. The provisions of sections 412 and 413 shall apply to any 
person granting or granted such power of attorney.". 
Approved October 31, 1988. 
LEGISLATIVE HISTORY—H.R. 2266 (S. 2424): 
HOUSE REPORTS: No. 100-445, Pt. 1 (Comm. on Energy and Commerce) and Pt. 2 
(Comm. on Public Works and Transportation). 
SENATE REPORTS: No. 100-436 accompanying S. 2424 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Apr. 19, considered and passed House. 
Sept. 30, considered and passed Senate, amended, in lieu of S. 2424. 
Oct. 12, House concurred in Senate amendment with an amendment. 
Oct. 14, Senate concurred in House amendment.