An act to amend the Natural Gas Pipeline Safety Act of 1968 to provide for the safe operation of pipelines transporting natural gas and liquefied petroleum gas, to provide standards with respect to the siting, construction, and operation of liquefied natural gas facilities, and for other purposes.
PL 96-129 (S.411), enacted 11/30/1979

PUBLIC LAW 96-129-NOV. 30, 1979 
93 STAT. 989 
Public Law 96-129 
96th Congress 
An Act 
To amend the Natural Gas Pipeline Safety Act of 1968 to provide for the safe 
Nov. 30, 1979 
operation of pipelines transporting natural gas and liquefied petroleum gas, to 
[S. 411] 
provide standards with respect to the siting, construction, and operation of lique-
fied natural gas facilities, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled. 
Pipeline Safety 
' 
* 
Act of 1979. 
SHORT TITLE; T A B L E O F C O N T E N T S 
SECTION 1. (a) This Act may be cited as the "Pipeline Safety Act of 49 use 1671 
1979". 
n°te. 
(b) The table of contents for this Act is as follows: 
TABLE OF CONTENTS 
Sec. 1. Short title; table of contents. 
Sec. 2. References to Natural Gas Pipeline Safety Act of 1968. 
TITLE I-NATURAL GAS 
SUBTITLE A—GENERAL PROVISIONS 
Sec. 101. Pipeline participation in certain utility safety programs. 
Sec. 102. Technical Pipeline Standards Committee. 
Sec. 103. Reporting and monitoring requirements under State safety programs. 
Sec. 104. Enforcement powers. 
Sec. 105. Simplification of filing requirements. 
Sec. 106. Administration. 
Sec. 107. Annual report regarding State pipeline safety inspectors. 
Sec. 108. Appropriations authorization. 
Sec. 109. Technical, clerical, and conforming amendments. 
Sec. 110. Cost-benefit analysis of increased pipeline safety regulation. 
Sec. HI. Report on implementation efforts regarding distribution of gas in connec-
tion with the rental or lease of real property. 
Sec. 112. Effective date. 
SUBTITLE B — L N G FACIUTIES 
Sec. 151. Definitions. 
Sec. 152. Siting and safety standards. 
Sec. 153. Financial responsibility. 
Sec. 154. Enforcement of standards and financial responsibility requirements. 
Sec. 155. Intervention by the Secretary in safety proceedings. 
Sec. 156. Effective date. 
TITLE II-LIQUID PIPELINE SAFETY 
Sec. 201. Short title. 
Sec. 202. Definitions. 
Sec. 203. Regulations governing hazardous liquid pipeline facilities. 
Sec. 204. Technical Hazardous-Liquid Pipeline Safety Standards Committee. 
Sec. 205. State certifications and agreements. 
Sec. 206. Judicial review. 
Sec. 207. Compliance. 
Sec. 208. Penalties. 
Sec. 209. Specific relief. 
93 STAT. 990 
PUBLIC LAW 96-129—NOV. 30, 1979 
Sec. 210. Inspection and maintenance. 
iii , 
Sec. 211. Powers and duties of the Secretary. 
Sec. 212. Pipeline safety coordination and cooperation. 
Sec. 213. Annual report. 
Sec. 214. Appropriations authorized. 
Sec. 215. Citizens civil action. 
Sec. 216. Conforming amendments. 
Sec. 217. Effective date. 
Sec. 218. Savings provisions. 
REFERENCES TO NATURAL GAS PIPELINE SAFETY ACT OF 1968 
SEC. 2. Except as otherwise expressly provided, whenever in this 
Act any reference, amendment, or repeal is expressed in terms of a 
reference or amendment to, or repeal of, a section or other provision, 
it shall be considered to be made to a section or other provision of the 
Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1671 and follow-
ing). 
TITLE I-NATURAL GAS 
SUBTITLE A—GENERAL PROVISIONS 
PIPELINE PARTICIPATION IN CERTAIN UTILITY SAFETY PROGRAMS 
49 use 1672. 
SEC. 101. (a) Section 8(b) is amended by inserting "(1)" after "(b)", by 
redesignating paragraphs (1) through (4) as subparagraphs (A) 
through (D), and by adding at the end thereof the following new 
paragraph: 
"(2) Not later than 12 months after the date of the enactment of the 
Ante. p. 989. 
Pipeline Safety Act of 1979, the Secretary shall provide that the 
Federal minimum safety standards established under this section 
include a requirement that any operator of pipeline facilities— 
"(A) participate in any public safety program— 
"(i) which provides for notice to pipeline facility operators 
of proposed demolition, excavation, tunneling, or construc-
tion near or affecting such facility; 
"(ii) which requires such operators to identify specific 
pipeline facilities which may be affected by the proposed 
demolition, excavation, tunneling, or construction, for the 
purpose of preventing damage to such facilities; and 
"(iii) which the Secretary determines is being carried out 
in a manner adequate to assure protection against the 
hazards to that operator's pipeline facilities created by such 
demolition, excavation, tunneling, or construction; or 
"(B) to the extent that such a program is not available, take 
such steps as the Secretary shall prescribe to provide services to 
the public with respect to that operator's pipeline facilities which 
are comparable to those which would be available to the public 
under such a program.". 
49 use 1674. 
(b) Section 5(a)(4) is amended by striking out "excavation" and 
inserting in lieu thereof "demolition, excavation, tunneling, or con-
struction". 
49 use 1672 
(c) Requirements under the amendments made by subsection (a) 
note. 
shall not apply with respect to annual certifications under section 5 
during the 2-year period which begins on the effective date of such 
requirements. 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 991 
TECHNICAL PIPEUNE STANDARDS COMMITTEE 
SEC. 102. (a) Section 4(a) is amended by striking out "and experi- 49 USC1673. 
ence" and inserting in lieu thereof ", experience, or knowledge". 
(b) Section 40t)) is amended— 
(1) by striking out the first sentence and inserting in lieu 
thereof the following: "The Secretary shall submit to the Com-
mittee any proposed standard under this Act, or any proposed 
amendment to a standard under this Act, for its consideration. 
Within 90 days after receipt by the Committee of any proposed Report. 
standard or amendment, the Committee shall prepare a report 
on the technical feasibility, reasonableness, and practicability 
of such standard or amendment. The Secretary may prescribe a 
final standard or final amendment to a standard at any time 
after the 90th day after its submission to the Committee, whether 
or not the Committee has reported on such standard or 
amendment."; 
(2) by inserting after "published by the Secretary and" the 
following ", if timely made,"; and 
(3) by inserting before the last sentence thereof the following 
new sentence: "The Committee shall meet with the Secretary (or 
his designee) not less frequently than once every 6 months.". 
(c) Section 4(c) is amended by striking out "not to exceed $100 per 
diem" and inserting in lieu thereof "not to exceed the daily equiva-
lent of the maximum annual rate of basic pay then currently payable 
under the (Jeneral Schedule under section 5332 of title 5, United 
States Code, for each day". 
5 USC 5332 note. 
REPORTING AND MONITORING REQUIREMENTS UNDER STATE SAFETY 
PROGRAMS 
SEC. 103. (a) Section 5(aXii) is amended to read as follows: "(ii) all 49 USC 1674. 
accidents or incidents reported during the preceding 12 months by 
each such person involving personal injury requiring hospitalization, 
fatality, property damage exceeding $5,000 (whether or not sustained 
by a person subject to the safety jurisdiction of the State agency) and 
any other accident which the State agencv considers significant, 
together with a summary of the State agency s investigation as to the 
cause and circumstances surrounding such accident or incident;". 
(bXD Section 5(b) is amended by inserting "and" at the end of 
paragraph (1), by striking out the semicolon at the end of pareigraph 
(2) and inserting a period in lieu thereof, and by striking out 
paragraphs (3) and (4). 
(2) Section 5 is further amended— 
(A) by striking out subsection (f); 
(B) by redesignating subsections (c), (d), and (e) as (d), (e), and (f), 
respectively; and 
(C) by inserting after subsection (b) the following new 
subsection: 
"(c) The Secretary may conduct whatever monitoring may be 
necessary of any State program established by certification or agree-
ment under this section to assure that such programs are being 
carried out in compliance with such certification or agreement. State 
agencies shall cooperate fully in any monitoring of their programs 
under this subsection.". 
(3) Section 5(a) is amended by striking out "Except for the fourth 
sentence of section 3(b), section 12(b), and except as otherwise 
provided in this section, the provisions of this Act" and inserting in 
93 STAT. 992 
PUBLIC LAW 96-129—NOV. 30, 1979 
^^^l%r 
'^^" thereof "Except for section 19, and except as otherwise provided 
49 use 1686. 
jj^ ^j^jg section, the authority of the Secretary under this Act to 
prescribe safety standards and enforce compHance with such 
standards". 
ENFORCEMENT POWERS 
49 use 1677. 
SEC. 104. (a)(1) Section 8 is amended by redesignating subsection (b) 
as subsection (c) and inserting after subsection (a) the following new 
subsection: 
"(b)(1) The Secretary may issue orders directing compliance with 
this Act or any regulation issued under this Act. Any such order shall 
clearly set forth the particular actions required of the person to 
whom the order is issued. 
"(2) The district courts of the United States shall have jurisdiction, 
upon petition by the Attorney General, to enforce any such order by 
appropriate means.". 
49 use 1672. 
(2) Section 3(d) is amended by inserting "directing or" before 
"waiving compliance with". 
49 use 1678, 
(b) The Act is amended by striking out sections 9 and 10, redesignat-
1679,1680-1686. 
jng sections 11 through 17 as sections 13 through 19, respectively, and 
inserting before section 13 (as redesignated) the following new 
sections: 
"PENALTIES 
49 use 1679a. 
"SEC. 11. (a)(1) Any person who is determined by the Secretary to 
have violated any provisions of section 10(a) or any regulation or 
order issued under this Act, including any order issued under sections 
10(b) and 120?), shall be liable to the United States for a civil penalty 
of not more than $1,000 for each violation for each day that violation 
persists, except that the maximum civil penalty shall not exceed 
$200,000 for any related series of violations. 
"(2) The amount of the penalty shall be assessed by the Secretary 
by written notice. In determining the amount of the penalty, the 
Secretary shall consider the nature, circumstances, and gravity of the 
violation and, with respect to the person found to have committed the 
violation, the degree of culpability, any history of prior violations, the 
effect on ability to continue to do business, any good faith in 
attempting to achieve compliance, ability to pay the penalty, and 
such other matters as justice may require. 
"(b) A civil penalty assessed under subsection (a) may be recovered 
in an action brought by the Attorney General on behalf of the United 
States in the appropriate district court of the United States or, prior 
to referral to the Attorney General, it may be compromised by the 
Secretary. The amount of the penalty, when finally determined (or 
agreed upon in compromise), may be deducted from any sums owed 
by the United States to the person charged. All penalties collected 
under this subsection shall be deposited in the Treasury of the United 
States as miscellaneous receipts. 
"(c)(1) Any person who willfully and knowingly violates section 
10(a) or a regulation or order issued under this Act, including any 
order issued under sections 10(b) and 12(b), shall, upon conviction, be 
subject, for each offense, to a fine of not more than $25,000, imprison-
ment for a term not to exceed 5 years, or both. 
"(2) Any person who willfully and knowingly injures or destroys, or 
attempts to injure or destroy, any interstate transmission facility 
shall, upon conviction, be subject, for each offense, to a fine of not 
more than $25,000, imprisonment for a term not to exceed 15 years, or 
both. 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 993 
"(d) Nothing in this Act shall be construed to authorize the 
imposition of penalties for the violation of any regulation and the 
violation of any order under section 10(b) or 12(b) if both violations Ante, p. 992. 
are based on the same act. 
"SPECIFIC REUEP 
"SEC. 12. (aXD The Attorney General, at the request of the 49 use I679b 
Secretary, may bring an action in an appropriate district court of the 
United States for equitable relief to redress or restrain a violation by 
any person of a provision of this Act or a regulation issued under this 
Act. Such district courts shall have jurisdiction to determine such 
actions and may grant such relief as is necessary or appropriate, 
including mandatory or prohibitive injunctive relief, interim equita-
ble relief, and punitive damages. 
"(2) In any proceeding for criminal contempt for violation of a Trial by jury. 
mandatory or prohibitive injunction issued under this subsection, 
which violation also constitutes a violation of this Act, trial shall be 
by the court or, upon demand of the accused, by a jury. Such trial 
shall be conducted in accordance with the practice and procedure 
applicable in the case of proceedings subject to the provisions of rule 
42(b) of the Federal Rules of 
Criminal Procedure. 
"(bXD If the Secretary finds, after reasonable notice and an 
opportunity for hearing, that any pipeline facility is hazardous to life 
or property, he shall, by order, require the person operating the 
facility to take necessary corrective action. Such corrective action 
may include suspended or restricted use of the facility, physical 
inspection, testing, repair, replacement, or other action, as 
appropriate. 
"(2) The Secretary may find a pipeline facility to be hazardous 
under paragraph (1)— 
"(A) if under the facts and circumstances he determines the 
particular facility is hazardous to life or property, or 
"(B) if the pipeline facility or a component thereof has been 
constructed or operated with any equipment, material, or tech-
nique which he determines is hazardous to life or property, 
unless the operator involved demonstrates to the satisfaction of 
the Secretary that under the particular facts and circumstances 
involved such equipment, material, or technique is not hazardous 
to life or property. 
"(3) In maldng a determination under paragraph (2), the Secretary 
shall consider, if relevant— 
"(A) the characteristics of the pipe and other equipment used 
in the pipeline facility involved, including its age, manufacturer, 
physical properties (including its resistance to corrosion and 
deterioration), and the method of its manufacture, construction, 
or assembly; 
"(B) the nature of the materials transported by such facility 
(including their corrosive and deteriorative qualities), the se-
quence in which such materials are transported, and the pres-
sure required for such transportation; 
"(C) the aspects of the areas in which the pipeline facility is 
located, in particular the climatic and geologic conditions (in-
cluding soil characteristics) associated with such areas, and the 
population density and population and growth patterns of such 
areas; 
18 u s e app. 
Hazardous 
facilities, 
corrective 
action. 
Hazardous 
facilities, 
determinations. 
59-194 O — 81 
65 : QL3 
93 STAT. 994 
PUBLIC LAW 96-129—NOV. 30, 1979 
"(D) any recommendation of the National Transportation 
Safety Board issued in connection with any investigation con-
ducted by the Board under other provisions of law; and 
"(E) such other factors as the Secretary may consider appropri-
ate. 
"(4) The district courts of the United States shall have jurisdiction, 
upon petition by the Attorney General, to enforce orders issued under 
this subsection by appropriate means. 
"(5) The Secretary may waive the requirements for notice and 
hearing under this subsection and provide for expeditious issuance of 
an order under this subsection in any case in which he determines 
that the failure to do so would result in the likelihood of serious harm 
to life or property. However, the Secretary shall include in such an 
order an opportunity for hearing as soon as practicable after issuance 
of an order.'. 
Ante, p. 992. 
(c) Section 3(d) is amended by striking out "all orders" and 
49 use 1672. 
inserting in lieu thereof "all actions". 
(d) Section 3(e) is amended by inserting ", by order" after "the 
Secretary may". 
Judicial review. 
(e) Section 6 is amended— 
49 use 1675. 
(1) by striking out the section heading and inserting in lieu 
thereof "JUDICIAL REVIEW"; 
(2) in subsection (a), by striking out "any order issued under 
this Act" and inserting in lieu thereof, "any regulation issued 
under this Act or any order with respect to an application for a 
waiver under section 3(d)" and by striking out "such order is 
issued" and inserting in lieu thereof "such regulation or order is 
issued"; and 
(3) in subsections (b) and (c), by striking out "order" and 
inserting in lieu thereof "regulation or order". 
SIMPUFICATION OF FILING REQUIREMENTS 
Ante, p. 992. 
SEC. 105. (a)(1) The first sentence of section 13, as amended and 
49 use 1680. 
redesignated, is amended by striking out "shall file with the Secre-
tary or, if a certification or an agreement pursuant to section 5 of this 
Act is in effect, with the appropriate State agency, a plan for 
inspection and maintenance" and inserting in lieu thereof "shall 
prepare, maintain at such office or offices of that person as the 
Secretary determines appropriate, and carry out a written current 
plan for inspection and maintenance". 
(2) Section 13, as so amended and redesignated, is further amended 
by inserting after the fourth sentence the following new sentence: 
"Such plans shall be made available to the Secretary or the appropri-
Infra. 
ate State agency upon request pursuant to section 14.". 
49 use 1677. 
(b) Section 8(a)(2) is amended by striking out "file and comply with 
a plan of inspection and maintenance required by section 13" and 
inserting in lieu thereof "prepare and maintain a plan of inspection 
and maintenance required by section 13 and comply with such plan". 
ADMINISTRATION 
Ante, p. 992. 
SEC. 106. Section 14 (relating to records, reports, and inspection for 
compliance), as redesignated, is amended to read as follows: 
"POWERS AND DUTIES OF THE SECRETARY 
49 use 1681. 
"SEC. 14. (a) The Secretary may, to the extent necessary to carry 
out his responsibilities under this Act, conduct investigations, make 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 995 
reports, issue subpenas, conduct hearings, require the production of 
relevant documents and records, take depositions, and conduct, 
directly or, by contract, or otherwise, research, testing, development, 
demonstration, and training activities; however, before the Secretary 
may exercise authority under this section to require testing of 
portions of pipeline facilities subject to the provisions of this Act 
which have been involved in or affected by an accident, he shall make 
every effort to negotiate a mutually acceptable plan with the owner 
of such facilities and, where appropriate, the National Transporta-
tion Safety Board for performing such testing. 
"(b) Each person who engages in the transportation of gas or who 
owns or operates pipeline facilities shall establish and maintain such 
records, make such reports, and provide such information as the 
Secretary may reasonably require, and shall submit such reports and 
shall make such records and information available as the Secretary 
may request, to enable him to determine whether such person has 
acted or is acting in compliance with this Act and the standards or 
orders issued under this Act. 
"(c) Officers, employees, or agents authorized by the Secretary, 
upon presenting appropriate credentials to the person in charge, are 
authorized to enter upon, inspect, and examine, at reasonable times 
and in a reasonable manner, the records and properties of persons to 
the extent such records and properties are relevant to determining 
whether such persons have acted or are acting in compliance with 
this Act and the standards or orders issued under this Act. 
"(d) Accident reports made by any officer, employee, or agent of the 
Department of Transportation shall be available for use in any civil, 
criminal, or other judicial proceeding arising out of such accident. 
Any such officer, employee, or agent may be required to testify in 
such proceedings as to the facts developed in such investigations. Any 
such report shall be made available to the public in a manner which 
need not identify individuals. All reports on research projects, dem-
onstration projects, and other related activities shall be public 
information. 
"(e) All information reported to or otherwise obtained by the 
Secretary or his representative pursuant to subsection (a), (b), or (c) 
which information contains or relates to a trade secret referred to in 
section 1905 of title 18 of the United States Code shall be considered 
confidential for the purpose of that section, except that such informa-
tion may be disclosed to other officers or employees concerned with 
carrying out this Act or when relevant in any proceeding under this 
Act. Nothing in this section shall authorize the withholding of 
information by the Secretary or any officer, employee, or agent under 
his control, from the duly authorized committees of the Congress.". 
Recordkeeping 
and reporting 
requirements. 
Inspection 
and examination 
of records and 
properties. 
Accident reports, 
availability for 
judicial proceed-
ings and to 
public. 
Trade secret, 
confidentiality. 
Ante, p. 992. 
49 u s e 1683. 
ANNUAL REPORT REGARDING STATE PIPEUNE SAFETY INSPECTORS 
SEC. 107. Section 16 (relating to annual report), as redesignated, is 
amended by striking out "and" at the end of paragraph (9), by 
striking out the period at the end of paragraph (10) and inserting in 
lieu thereof "; and", and by adding at the end thereof the following: 
"(11) a description of the number and qualifications of State 
pipeline safety inspectors in each State for which a certification 
or agreement is in effect under section 5, together with the 49 USC 1674 
number of such pipeline inspectors (and their qualifications) 
which the Secretary recommends for that State.". 
93 STAT. 996 
PUBLIC LAW 96-129—NOV. 30, 1979 
APPROPRIATIONS AUTHORIZATION 
Ante, p. 992. 
SEC. 108. Section 17, as redesignated, is amended to read as follows: 
"APPROPRIATIONS AUTHORIZED 
49 use 1684. 
"SEC. 17. (a) For the purpose of carrying out the provisions of this 
Act (other than provisions for which funds are authorized to be 
appropriated under subsection Qy)), there are authorized to be 
appropriated— 
"(1) $6,200,000, for the fiscal year ending September 30, 1980; 
and 
"(2) $6,900,000, for the fiscal year ending September 30, 1981. 
"Ot)) For the purpose of carrying out the Federal grants-in-aid 
provisions of section 5(d) of this Act, there are authorized to be 
appropriated— 
"(1) $4,500,000, for the fiscal year ending September 30, 1980; 
and 
"(2) $5,500,000, for the fiscal year ending September 30,1981.". 
TECHNICAL, CLERICAL, AND CONFORMING AMENDMENTS 
49 use 1671. 
SEC. 109. (a) Section 2(7) (relating to the nationed organization of 
State commissions) is amended by striking out "part II of the 
Interstate Commerce Act" and inserting in lieu thereof "subchapter 
m of chapter 103 of title 49, United States Code". 
(b) Sections 2(8) and 2(9) (relating to certain interstate and intra-
state facilities) are amended by striking out "Federal Power C!ommis-
sion" and inserting in lieu thereof "Federal Energy Regulatory 
Commission". 
49 use 1672. 
(c) Section 3 (relating to standards), as amended, is amended by 
striking out subsection (a) and by redesignating subsections (b) 
through (e) as subsections (a) through (d), respectively. 
(d) The first sentence of section 3(a), as redesignated by subsection 
(c), is amended by striking out all that precedes' establish minimum" 
and inserting in lieu thereof "The Secretary shall, by regulation,". 
(e) Section 3(a), as redesignated by subsection (c), is amended by 
striking out the fourth sentence in p£iragraph (1), by inserting in 
paragraph (IXB) "or facility" after "pipeline transportation", and by 
inserting "safety" after "or more stringent". 
(f) Section 3(b), as redesignated by subsection (c), is amended by 
inserting after "period reasonably necessary for compliance" the 
following: "and such date is specified in the regulation establishing or 
amending such standard". 
49 use 1674. 
(g) Section 5(a) (relating to State certifications and agreements) is 
amended by striking out "; except that a State agency may file a 
certification under this subsection without regard to the requirement 
of injunctive and monetary sanctions under State law for a period not 
to exceed five years after the date of enactment of this Act". 
(hXD Section 5(a) is amended by striking out "section 12", "section 
Ante, p. 994. 
H", and "sections 9 and 10" and inserting in lieu thereof "section 14", 
Ante, p. 992, 
"section 13", and "sections 11 (other than subsection (aX3) thereof) 
^^^- 
and 12", respectively. 
(2) Section 5(bX2) is amended bv striking out "section 11" and 
inserting in lieu thereof "section 13 . 
(3) Section 5(dX2), as redesignated, is amended by striking out 
Supra. 
"section 15(b)" and inserting in lieu thereof "section 17(b)". 
49 use 1677. 
(4) Section 8 (relating to compliance) is amended by striking out 
"section 12" and inserting in lieu thereof "section 14". 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 997 
(i) Section 7 (relating to cooperation with Federal Power Commis- 49 USC 1676. 
sion and State commissions) is amended, in the section heading, by 
striking out "FEDERAL POWER COMMISSION" and inserting in lieu 
thereof "FEDERAL ENERGY REGULATORY COMMISSION" and, in the text, 
by striking out "Federal Power Commission" each place it appears 
and 
inserting 
in 
lieu 
thereof 
"Federal 
Energy 
Regulatory 
Commission". 
Ci) Section 15 (relating to administration), as redesignated, is Ante, p. 992. 
amended- 
49 USC 1682. 
(1) by striking out the section heading and inserting "NATURAL 
GAS SAFETY COOPERATION AND COORDINATION"; and 
(2) by striking out subsection (a) and redesignating subsections 
(b), (c), and (d) as subsections (a), (b), and (c), respectively. 
(k) Section 15(a), as redesignated, is amended by striking out 
"Federal Power Commission" and inserting in lieu thereof "Federal 
Energy Regulatory Commission". 
(1) Section 16(a)(3) (relating to annual reports), as redesignated, is Ante, p. 992. 
amended by striking out "section 3(e)" and inserting in lieu thereof 49 USC 1683. 
"section 3(d)". 
(m) Section 16 (relating to annual report), as redesignated, is 
amended by striking out "March 17" and inserting in lieu thereof 
i; 
"June 15". 
COST-BENEFIT ANALYSIS OF INCREASED PIPELINE SAFETY REGULATION 
SEC. 110. (a) Within 12 months after the date of the enactment of Report to 
this section, the Secretary of Transportation, after affording an 
9Q'J^P^^,(.Q9 
opportunity for consultation and comment by persons operating ^ote 
pipeline facilities. State and local regulatory authorities with juris-
diction over pipeline safety, and consumers shall conduct and com-
plete a cost-benefit analysis to determine whether additional Federal 
legislation on pipeline safety is beneficial and submit a report of his 
findings to the Congress. 
(b) As part of the cost-benefit analysis required by subsection (a), 
the Secretary of Transportation shall conduct a study of the adequacy 
and effectiveness of existing pipeline safety regulations. In addition 
to existing pipeline safety regulations, the study shall address the 
following issues: 
(1) whether pipeline safety could be significantly enhanced in a 
cost-effective manner by regulations requiring pipeline facility 
operators to prepare and maintain a general description of their 
pipeline facilities, including— 
(A) the location of the pipeline and the pipeline facilities; 
(B) the type, age, manufacturer, and method of construc-
tion of such pipeline and facilities; 
(C) the nature of the materials transported, the sequence 
in which they are transported, and the pressure at which 
they are transported; and 
(D) the climatic, geologic, seismic, and conditions (includ-
ing soil characteristics) associated with the areas in which 
the pipeline facilities are located, and the existing and 
projected population and demographic characteristics asso-
ciated with such areas; 
(2) the cost-effectiveness, feasibility, and potential benefits of 
establishing in the Department of Transportation a program for 
use in an electronic data-processing system, which would be used 
to process and maintain pipeline-safety information obtained 
under existing and future Federal laws and regulations; 
93 STAT. 998 
PUBLIC LAW 96-129—NOV. 30, 1979 
(3) whether it is necessary and cost-effective to amend existing 
Federal law and regulations on the reporting of pipeline leaks to 
require the reporting of any such future leak which— 
(A) the person owning or operating the pipeline facility 
knew or reasonably should have known existed; 
(B) was not caused by operation, inspection, or adjustment 
procedures which were properly carried out; and 
(C) posed a threat to public health or safety, property, or 
the environment. 
REPORT ON IMPLEMENTATION EFFORTS REGARDING DISTRIBUTION OF 
GAS IN CONNECTION WITH THE RENTAL OR LEASE OF REAL PROPERTY 
49 use 1682 
note, 
Report to 
SEC. 111. (a) Not later than 18 months after the date of the 
^"^^^cQo 
enactment of this Act, the Secretary of Transportation shall prepare 
and transmit to each House of the Congress a report on how, when, 
and to what extent the Department of Transportation intends to 
implement its safety jurisdiction over the distribution of gas by any 
person in connection with the rental or lease of real property by that 
person, particularly in instances in which the gas being distributed to 
the renter or lessee is not separately metered. 
(b) The Secretary shall provide reasonable notice and an opportu-
nity for public comment in connection with the preparation of the 
report required under subsection (a). 
EFFECTIVE DATE 
49 use 1671 
SEC. 112. (a) The provisions of this subtitle, including amendments 
»o<*- 
made by such provisions, shall take effect on the date of the 
enactment of this Act. 
(b) Suits, actions, or other proceedings pending upon the date of the 
enactment of this subtitle shall not be affected by the provisions of 
this subtitle and shall be completed as if this title had not been 
enacted, unless the Secretary makes a determination that the public 
safety otherwise requires. 
SUBTITLE B—LNG FACILITIES 
DEFINITIONS 
49 use 1671. 
SEC. 151. Section 2 is amended by striking out "and" at the end of 
paragraph (9), by striking out the period at the end of paragraph (10) 
and inserting a semicolon in lieu thereof, and by adding at the end 
thereof the following new items: 
"(11) 'LNG' means natural gas in a liquid or semisolid state; 
"(12) 'LNG facility' means any pipeline facility used for the 
transportation or storage of LNG, or for LNG conversion, in inter-
state or foreign commerce, but does not include any structure or 
equipment (or portion thereof) located in navigable waters (as defined 
in section 3(8) of the Federal Power Act (16 U.S.C. 796(8))); 
"(13) 'LNG conversion' means conversions of natural gas into LNG 
(liquefaction or solidification) or the conversion of LNG into natural 
gas (vaporization); 
"(14) 'Existing LNG facility' means any LNG facility for which an 
application for the approval of the siting, construction, or operation 
of such facility was filed before March 1,1978, with— 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 999 
"(A) the Department of Energy or any predecessor organiza-
tion of the Department, or 
"(B) the appropriate State or local agency, in the case of any 
facility not subject to the jurisdiction of the Department of 
Energy under the Natural Gas Act, 
except that such term does not include any facility the construction of 
which commences on or after the date of the enactment of this 
paragraph and such construction is not pursuant to such an approval; 
"(15) 'New LNG facility' means any LNG facility other than an 
existing LNG facility; 
"(16) 'LNG accident' means any release, burning, or explosion of 
LNG resulting from— 
"(A) a rupture or other failure of a storage tank, pipeline, or 
other LNG facility; 
"(B) natural hazards (including earthquakes, hurricanes, and 
high winds); 
"(C) sabotage; or 
"(D) any other cause; 
other than any such release, burning, or explosion which, as deter-
mined in accordance with regulations prescribed by the Secretary, 
does not pose a threat to public health or safety, property, or the 
environment; and 
"(17) 'Interstate or foreign commerce' means any trade, traffic, 
transportation, exchange, or other commerce— 
"(A) between any State and any place outside of such State, or 
"(B) which affects any trade, transportation, exchange, or 
other commerce described in subparagraph (A).". 
SITING AND SAFETY STANDARDS 
SEC. 152. (a) The Act is amended by redesignating sections 6, 7, and 
8 as sections 8,9, and 10, respectively, and by inserting after section 5 
the following new section: 
49 use 
1675-1677. 
49 u s e 1674. 
STANDARDS FOR LNG FACILITIES 
"SEC. 6. (a)(1) Not later than 180 days after the date of the Regulations, 
enactment of this section, the Secretary shall establish, by ^^ USe 1674a. 
regulation— 
"(A) minimum safety standards for determining the location of 
any new LNG facility, and 
"(B) minimum safety standards for the design, installation, 
construction, initial inspection, and initial testing of any new 
LNG facility. 
"(2) After the date standards first take effect under this section, no 
new LNG facility may be constructed other than in accordance with 
the applicable standards prescribed under this section. The Secretary 
shall ensure that the facility is constructed and operated in compli-
ance with such standards. 
"(3) No new LNG facility may be operated unless the person 
operating such facility has previously submitted a contingency plan 
which sets forth those steps which are to be taken in the event of an 
LNG accident and which is determined to be adequate by the 
Department of Energy or the appropriate State agency, in the case of 
any facility not subject to the jurisdiction of the Department under 
the Natural Gas Act. 
15 USe 717w. 
"(b) Not later than 270 days after the date of the enactment of this 
subsection, the Secretary shall establish minimum standards to be 
93 STAT. 1000 
PUBLIC LAW 96-129—NOV. 30, 1979 
maintained with respect to the operation and maintenance of any 
LNG facility. 
"(c)(1)(A) Except to the extent provided under subparagraph (B), 
any standard issued under this Act after March 1,1978, affecting the 
design, location, installation, construction, initial inspection, or ini-
tial testing shall not apply to an existing LNG facility either— 
"(i) under the authority of this Act; or 
"(ii) under the authority of any other Federal law if such 
standard was not issued at the time such authority was 
exercised. 
"(B) Any such standard (other than one affecting location) may be 
made applicable under the provisions of such standard to any 
replacement component or part thereof of an LNG facility if that 
component or part is placed in service after the date of the issuance of 
that standard, but only if such applicability— 
"(i) would not render such component or part incompatible 
with the other components or parts of the facility involved; or 
"(ii) would not otherwise be impracticable. 
No standard issued under this Act after March 1, 1978, affecting 
location shall apply to any replacement component or part thereof of 
an existing LNG facility. 
"(2) Nothing in this section shall preclude the application of 
49 use 1672. 
standards under section 3 to pipeline facilities (other than LNG 
facilities) associated with LNG facilities. 
"(3) Standards affecting the design, installation, construction, ini-
tial inspection, and initial testing shall not be applicable to LNG 
facilities in existence on the date such standards are adopted. 
"(d) In prescribing general safety standards under subsections (a) 
and (b), the Secretary shall take into consideration— 
"(1) with respect to standards relating to the location of any 
new LNG facility— 
"(A) the nature of 
the use of 
the facility; 
"(B) the existing and projected population and demo-
graphic characteristics associated with the location involved; 
"(C) the existing and proposed land uses near such 
location; 
"(D) the meteorological, geological, topographical, seismic, 
and other natural physical aspects of 
such location; 
"(E) the medical, law enforcement, and fire prevention 
capabilities existing near such location to cope with risks 
created by such a facility; and 
"(F) the need to encourage remote siting; 
"(2) with respect to standards applicable to the design, installa-
tion, construction, initial inspection, and initial testing of any 
new LNG facility— 
"(A) the thermal resistance and other characteristics of 
materials to be used in the construction of such facility as 
compared to alternative materials; 
"(B) design factors (such as multiple diking, insulated 
concrete, and vapor containment barriers); 
"(C) the characteristics of the LNG to be stored or 
converted at, or transported by, such facility (for example, 
whether it is to be in a liquid or semisolid state); and 
"(D) the public safety factors of the design as compared to 
alternative designs (particularly the ability under such a 
design to prevent and contain an LNG spill); and 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 1001 
"(3) with respect to standards for the operation and maintance 
of any LNG facility— 
"(A) the conditions, features, and type of equipment and 
structures which comprise, or which are used in connection 
with, such facility; 
"(B) the fire prevention and containment equipment at 
such facility; 
"(C) the security measures to be used with respect to the 
operation of such facility for the prevention of sabotage or 
other intentional acts which could cause an LNG accident; 
"(D) maintenance procedures and equipment; 
"(E) the training of personnel with respect to the equip-
ment, structures, measures, and procedures described in 
subparagraphs (A), (B), (C), and (D); and 
"(F) other factors and conditions relating to the safe 
handling of LNG. 
"(e) At any time after the effective date of standards initially 
prescribed under subsections (a) and (b), the Secretary shall, on his 
own motion or on the motion of any person, amend such standards to 
the extent he considers necessary to reflect changes in technology or 
to otherwise carry out the purposes of this section. 
"(f) The provisions of the last two sentences of subsection (a)(1) of 
section 3 and of subsections (b), (c), and (d) of section 3 shall apply with 
respect to standards prescribed under this section in the same 
manner as they apply to standards prescribed under section 3.". 
(b)(1) Section 2(3) (definition of transportation of gas) is amended by 49 use 1671 
striking out "or affecting". 
(2) Section 3(d) (relating to waiver of standards), as redesignated, is 
amended by inserting after "in the sajne manner" the following: "and 
to the same extent". 
(3) Section 9 (relating to cooperation with Federal Energy Regula-
tory Commission), as redesignated, is amended— 
(A) by inserting "section 3 or" after "proceedings under"; 
(B) by inserting "to import natural gas or" after "authority"; 
(C) by striking out "a gas pipeline which is" and inserting in 
lieu thereof "pipeline facilities which are"; and 
(D) by inserting "the Department of Energy and" before "the 
Commission unless". 
Ante, p. 992. 
49 u s e 1672. 
Ante, p. 992. 
49 u s e 1672. 
Ante, p. 999. 
49 u s e 1676. 
FINANCIAL RESPONSIBILITY 
SEC. 153. The Act, as amended by section 152 of this Act, is further 
amended by inserting after the new section 6 the following new 
section: 
Ante, p. 999. 
FINANCIAL RESPONSIBILITY FOR CERTAIN LNG ACTIVITIES; STUDIES 
"SEC. 7. (a) Not later than 270 days after the date of the enactment 49 USC 1674b. 
of this section, the Secretary shall— 
"(1) conduct a study of— 
"(A) the risks associated with the production, transporta-
tion, and storage of LNG; 
"(B) the risks associated with the production, transporta-
tion, and storage of liquified petroleum gas; 
"(C) the methods of assuring adequate financial responsi-
bility for those engaged in any such activity; and 
"(2) prepare and transmit to each House of the Congress a Report to 
report on the results of such study, together with the recommen- eongress. 
93 STAT. 1002 
PUBLIC LAW 96-129—NOV. 30, 1979 
Hearing. 
Judicial 
review. 
Review by 
Supreme 
C!ourt. 
dations of the Secretary for such legislative or administrative 
action as he considers appropriate. 
"(b)(1) Whenever the Secretary has reason to believe that any 
operator of an LNG facility is not maintaining adequate insurance or 
otherwise does not have adequate financial responsibility with re-
spect to such facilities, he may issue and serve upon such operator 
notice thereof, together with a statement of the amount of the 
financial responsibility that the Secretary would consider adequate. 
"(2) Any person issued notice under paragraph (1) shall have a right 
to hearing on the record in accordance with section 554 of title 5, 
United States Code, to be held not later than 30 days after notice 
under paragraph (1), at which such person has the right to show cause 
as to why an order should not be issued by the Secretary requiring 
such person to demonstrate and maintain financial responsibility at 
or above the amount indicated in the notice under paragraph (1). 
"(3) After an opportunity for hearing under paragraph (2), the 
Secretary may, if he determines it is justified in the public interest, 
order the person issued notice of such hearing to demonstrate and 
maintain financial responsibility at or above an amount determined 
appropriate by the Secretary, taking into account any information, 
data, and views presented in such hearing. 
"(4)(A) Any person aggrieved by an order issued under paragraph 
(3) may seek judicial review of such order only by filing a petition for 
review in the appropriate court of appeals of the United States within 
60 days after such order is issued. 
"(B) Upon receipt of notice of the filing of such petition, the 
Secretary shall file in the court the record in the proceeding, as 
provided in section 2112 of title 28, United States Code. Upon such 
filing, the court may affirm, modify, remand, or set aside the order of 
the Secretary, and may enforce the order to the extent that such 
order is affirmed and issue such writs as are ancillary to its jurisdic-
tion or are necessary in its judgment to prevent injury to the public 
pendente lite. The findings of the Secretary as to the facts, if 
supported by substantial evidence, shall be conclusive. 
"(C) The judgment and decree of the court shall be final, except 
that such judgment and decree shall be subject to review by the 
Supreme Court upon certiorari, as provided in section 1254 of title 28, 
United States Code. 
"(c) For purposes of subsection (b) of this section, financial responsi-
bility may be msiintained by any one of, or a combination of, the 
following methods acceptable to the Secretary: 
"(1) evidence of insurance, 
"(2) surety bonds, 
"(3) qualification as a self-insurer, or 
"(4) other evidence of financial responsibility.". 
49 u s e 1679a. 
Ante, p. 992. 
Ante, p. 999, 
1001. 
ENFORCEMENT OF STANDARDS AND FINANCIAL RESPONSIBIUTY 
REQUIREMENTS 
SEC. 154. Section 11(a) (relating to penalties), as added by section 
104, is amended by redesignating paragraph (2) as paragraph (3) and 
by inserting after paragraph (1) the following new paragraph: 
"(2) Any person who is determined by the Secretary to have 
violated any standard or order under section 6 or 7(b) shall be subject 
to a civil penalty of not to exceed $50,000, which penalty shall be in 
addition to any other penalties to which such person may be subject 
under this subsection. . 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 1003 
INTERVENTION BY THE SECRETARY IN SAFETY PROCEEDINGS 
SEC. 155. (a) Section 15, as redesignated, is amended by adding at Ante, p. 992. 
the end thereof the following new subsection: 
^^ USC 1682. 
"(d) The Secretary may as a matter of right intervene or otherwise 
participate in any proceeding before the Federal Energy Regulatory 
Commission, or any State agency, which involves safety requirements 
relating to LNG facilities. The Secretary shall comply with rules of 
procedure of general applicability governing the timing of interven-
tion or participation in such proceeding or activity and, upon inter-
vening or participating therein, shall comply with rules of procedure 
of general applicability governing the conduct thereof.". 
ft)) Section 15(a), as redesignated, is amended by inserting ", or any 
appropriate State agency," after "Commission". 
EFFECTIVE DATE 
SEC. 156. The provisions of this subtitle, including amendments 49 USC 1671 
made by such provisions, shall take effect on the date of the note, 
enactment of this Act. 
TITLE II—LIQUID PIPELINE SAFETY 
Hazardous 
Liquid Pipeline 
SHORT TITLE 
Safety Act of 
1979. 
SEC. 201. This title may be cited as the "Hazardous Liquid Pipeline 49 USC 2001 
Safety Act of 1979". 
note. 
DEFINITIONS 
SEC. 202. As used in this title— 
49 use 2001. 
(1) "person" means any individual, firm, joint venture, part-
nership, corporation, association. State, municipality, coopera-
tive association, or joint stock association, and includes any 
trustee, receiver, assignee, or personal representative thereof; 
(2) "hazardous liquid" means— 
(A) petroleum or any petroleum product, and 
(B) any substance or material which is in liquid state 
(excluding liquefied natural gas) when transported by pipe-
line facilities and which, as determined by the Secretary, 
may pose an unreasonable risk to life or property when 
transported by pipeline facilities; 
(3) "transportation of hazardous liquids" means the movement 
of hazardous liquids by pipeline, or their storage incidental to 
such movement, in or affecting interstate or foreign commerce; 
except that it shall not include any such movement through 
gathering lines in rural locations or onshore production, refin-
ing, or manufacturing facilities or storage or in-plant piping 
systems associated with any of such facilities; 
(4) "pipeline facilities" includes, without limitation, new and 
existing pipe, rights-of-way, and any equipment, facility, or 
building used or intended for use in the transportation of 
hazardous liquids but "rights-of-way" as used in this title does not 
authorize the Secretary to prescribe the location or the routing of 
any pipeline facility; 
(5) "interstate pipeline facilities" means the pipeline facilities 
used in the transportation of hazardous liquids in interstate or 
foreign commerce; 
(6) "intrastate pipeline facilities" means pipeline facilities 
which are not interstate pipeline facilities; 
93 STAT. 1004 
PUBLIC LAW 96-129—NOV. 30, 1979 
(7) "interstate or foreign commerce" means commerce between 
any point in a State and any point outside thereof, or between 
points within the same State but through any place outside 
thereof; 
(8) "State" includes each of the several States, the District of 
Columbia, and the Commonwealth of Puerto Rico; 
(9) "municipality" means a city, county, or other political 
subdivision of a State; 
(10) "national organization of State commissions" means the 
national organization of the State commissions referred to in 
subchapter III of chapter 103 of title 49, United States Code; and 
(11) "Secretary" means the Secretary of Transportation. 
REGULATIONS GOVERNING HAZARDOUS-UQUID PIPEUNE FACILITIES 
Federal 
SEC. 203. (a) The Secretary shall, by regulation, establish minimum 
safety standards, Federal safety standards for the transportation of hazardous liquids 
49 use 2^02! 
^"^^ pipeline facilities. The standards shall apply to each person who 
engages in the transportation of hazardous liquids or who owns or 
operates pipeline facilities. The standards shall be practicable and 
designed to meet the need for safe transportation of hazardous 
liquids. 
(b) In prescribing standards under this section, the Secretary shall 
consider— 
(1) relevant available pipeline data; 
(2) whether the standards are appropriate for the particular 
type of pipeline transportation or facility; 
(3) the reasonableness of any proposed standards; and 
(4) the extent to which the standards will contribute to public 
safety. 
(c) Standards under this section may apply to the design, installa-
tion, inspection, emergency plans and procedures, testing, construc-
tion, extension, operation, replacement, and maintenance of pipeline 
facilities. Any standard issued under this section Eiffecting the design, 
installation, construction, initial inspection, and initial testing shall 
not be applicable to pipeline facilities in existence on the date such 
standard is adopted. 
(d) Any State agency may adopt additional or more stringent safety 
standards for intrastate pipeline facilities and the transportation of 
hazardous liquids associated with such facilities, if such standards 
are compatible with the Federal standards issued under this title. No 
State agency may adopt or continue in force any safety standards 
applicable to interstate pipeline facilities or the transportation of 
hazardous liquids associated with such facilities. 
(e) The Secretary may provide that the Federal minimum safety 
standards established under this section include a requirement that 
any operator of pipeline facilities— 
(1) participate in any public safety program— 
(A) which provides for notice to pipeline facility operators 
of proposed demolition, excavation, tunneling, or construc-
tion near or affecting such facility; 
(B) which requires such operators to identify specific 
pipeline facilities which may be affected by the proposed 
demolition, excavation, tunneling, or construction, for the 
purpose of preventing damage to such facilities; and 
(C) which the Secretary determines is being carried out in 
a manner adequate to assure protection against the hazards 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 1005 
to that operator's pipeline facilities created by such demoli-
tion, excavation, tunneling, or construction; or 
(2) establish and carry out a damage prevention program 
which provides services to the public with respect to that opera-
tor's pipeline facilities which are comparable to those which 
would be available to the public under a program described in 
paragraph (1). 
(f) Any standards prescribed under this section, and amendments Effective date, 
thereto, shall become effective thirty days after the date of issuance 
of such standards unless the Secretary, for good cause recited, 
determines an earlier or later effective date is required as a result of 
the period reasonably necessary for compliance and such date is 
specified in the regulation establishing or amending such standard. 
(g) The provisions of subchapter II of chapter 5 of title 5 of the 
United States Code shall apply to all actions establishing, amending, 5 USC 551 
revoking, or directing or waiving compliance with, any standard ^tseq. 
established under this Act. The Secretary shall afford interested 
persons an opportunity to participate fully in the establishment of 
such safety standards through submission of written data, views, or 
arguments with opportunity to present oral testimony and argument. 
(h) Upon application by any person engaged in the transportation Waiver. 
of hazardous liquids or the operation of pipeline facilities, the 
Secretary may, by order, after notice and opportunity for hearing and 
under such terms and conditions and to such extent as he deems 
appropriate, waive in whole or in part compliance with any standard 
established under this title, if he determines that a waiver of 
compliance with such standard is not inconsistent with pipeline 
safety. The Secretary shall state his reasons for any such waiver. A 
State agency, with respect to which there is in effect a certification 
pursuant to section 205(a) or an agreement pursuant to section 205(b), 
may waive compliance with a safety standard in the same manner 
and to the same extent as the Secretary, provided such State agency 
gives the Secretary written notice at least sixty days prior to the 
effective date of the waiver. If, before the effective date of a waiver to 
be granted by a State agency, the Secretary objects in writing to the 
granting of the waiver, any State agency action granting the waiver 
will be stayed. After notifying such State agency of his objection, the 
Secretary shall afford such agency a prompt opportunity to present 
its request for waiver, with opportunity for hearing, and the Secre-
tary shall determine finally whether the requested waiver may be 
granted. 
TECHNICAL HAZARDOUS-UQUID PIPELINE SAFETY STANDARDS 
COMMITTEE 
SEC. 204, (a) Not later than 12 months after the date of the 
enactment of this Act, the Secretary shall establish a Technical 
Hazardous-Liquid Pipeline Safety Standards Committee and appoint 
the initial members of the Committee. The Committee shall be 
appointed by the Secretary, after consultation with public and 
private agencies concerned with the technical aspect of the transpor-
tation of hazardous liquids or the operation of pipeline facilities, and 
shall be composed of fifteen members each of whom shall be experi-
enced in the safety regulation of the transportation of heizardous 
liquids and of pipeline facilities or technically qualified by training, 
experience, or knowledge in one or more fields of engineering applied 
in the transportation of hazardous liquids or the operation of pipeline 
facilities to evaluate pipeline safety standards, as follows: 
Establishment. 
49 USC 2003. 
Membership. 
93 STAT. 1006 
PUBLIC LAW 96-129—NOV. 30, 1979 
Proposed 
standard 
or amendment. 
Report. 
Final standard 
or amendment. 
Safety 
standards, 
proposal. 
Compensation. 
5 u s e 5332 note. 
Travel expenses. 
(1) five members shall be selected from governmental agencies, 
including State and Federal Governments, two of whom, after 
consultation with representatives of the national organization of 
State commissions, shall be State commissioners; 
(2) four members shall be selected from the hazardous liquids 
industry after consultation with industry representatives, not 
less than three of whom shall be currently engaged in the active 
operation of pipeline facilities; and 
(3) six members shall be selected from the general public. 
(b) After the Committee has been established and its members 
appointed, the Secretary sheill submit to the Committee any proposed 
standard under this title, or any proposed amendment to a standard 
under this title, for its consideration. Within 90 days after receipt by 
the Committee of any proposed standard or amendment, the Commit-
tee shall prepare a report on the technical feasibility, reasonableness, 
and practicability of such standard or amendment. The Secretary 
may prescribe a final standard or a final amendment to a standard at 
any time after the 90th day after its submission to the Committee, 
whether or not the Committee has reported on such standard or 
amendment. Each report by the Committee, including any minority 
views, shall be published by the Secretary and, if timely made, form a 
part of the proceedings for the promulgation of standards. In the 
event that the Secretary rejects the conclusions of the majority of the 
Committee, he shall not be bound by such conclusions but shall 
publish his reasons for rejection thereof. The Committee may propose 
safety standards for pipeline facilities and the transportation of 
hazardous liquids to the Secretary for his consideration. The Commit-
tee shall meet with the Secretary (or his designee) not less frequently 
than once every 6 months. All proceedings of the Committee shall be 
recorded and the record of each proceeding shall be available for 
public inspection. 
(c) Members of the Committee other than Federal employees may 
be compensated at a rate to be fixed by the Secretary at not to exceed 
the daily equivalent of the maximum annual rate of basic pay then 
currently payable under the General Schedule under section 5332 of 
title 5, United States Code, for each day (including traveltime) when 
engaged in the actual duties of the Committee. All members, while 
away from their homes or regular places of business, may be allowed 
travel expenses, including per diem in lieu of subsistence as author-
ized by section 5703 of title 5, United States Code, for persons in the 
Government service employed intermittently. Pa3mients under this 
section shall not render members of the Committee employees or 
officials of the United States for any purpose. 
Safety 
standards, 
enforcement. 
49 u s e 2004. 
STATE CERTIFICATIONS AND AGREEMENTS 
SEC. 205. (a) Except for section 215 and except as otherwise provided 
in this section, the authority of the Secretary under this Act to 
prescribe safety standards and enforce compliance with such stand-
ards shall not apply to intrastate pipeline facilities or the transporta-
tion of hazardous liquids associated with those facilities, when the 
safety standards and practices applicable to same are regulated by a 
State agency which submits to the Secretary an annual certification 
that such State agency— 
(1) has regulatory jurisdiction over the safety standards and 
practices of intrastate pipeline facilities and the transportation 
of hazardous liquids associated with those facilities; 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 1007 
(2) has adopted, as of the date of the certification, each Federal 
safety standard established under this title which is applicable to 
intrastate pipeline facilities and the transportation of hazardous 
liquids associated with those facilities or, with respect to each 
such Federal safety standard established within 120 days before 
the date of certification, is taking steps pursuant to State law to 
adopt such standard; 
(3) is enforcing each such standard; 
(4) is encouraging and promoting programs designed to prevent 
damage to pipeline facilities as a consequence of demolition, 
excavation, tunneling, or construction activity; and 
(5) has the authority to require record maintenance, reporting, 
and inspection substantially the same as are provided under 
section 211 and the filing for approval of plans of inspection and 
maintenance described in section 210 and that the law of the 
State makes provision for the enforcement of the safety stand-
ards of such State agency by way of injunctive and monetary 
sanctions substantially the same as are provided under sections 
208 (other than subsection (aX2) thereof) and 209. 
Each annual certification shall include a report, in such form as the Report 
Secretary may by regulation provide, showing (i) name and address of 
each person subject to the safety jurisdiction of the State agency; (ii) 
all accidents or incidents reported during the preceding 12 
months by each such person involving personal injury requiring 
hospitalization, fatality, or property damage exceeding $5,000 
(whether or not sustained by a person subject to the safety jurisdic-
tion of the State agency) and any other accident which the State 
agency considers significant, together with a summary of the State 
agency's investigation as to the cause and circumstances surrounding 
such accident or incident; (iii) the record maintenance, reporting, and 
inspection practiced by the State agency to enforce compliance with 
such Federal safety standards, including a detail of the number of 
inspections made of pipeline facilities by the State agency during the 
preceding 12 months; and (iv) such other information as the 
Secretary may require. The report included with the first annual 
certification need not show information unavailable at that time. 
(b) With respect to any intrastate pipeline facilities or transporta-
tion of hazardous liquids associated with those facilities for which the 
Secretary does not receive an annual certification under subsection 
(a), the Secretary may, by agreement with a State agency authorize 
such agency to assume responsibility for, and carry out on behalf of 
the Secretary as it relates to those facilities or associated transporta-
tion, the necessary actions to— 
(1) establish an adequate program for record maintenance, 
reporting, and inspection designed to assist compligince with 
Federal safety standards; and 
(2) establish procedures for approval of plans for inspection 
and maintenance substantially the same as are required under 
section 210. 
Any agreement executed pursuant to this subsection shall require 
the State agency promptly to notify the Secretary of any violation or 
probable violation of a Federal safety standard which it discovers as a 
result of its program. 
(c) The Secretary may conduct whatever monitoring may be neces-
sary of any State program established by certification or agreement 
under this section to assure that such programs are being carried out 
in compliance with such certification or agreement. State agencies 
Safety standard 
violation or 
probable 
violation, 
notification. 
State program, 
monitoring. 
93 STAT. 1008 
PUBLIC LAW 96-129—NOV. 30, 1979 
Funds 
withholding. 
Funds 
allocation. 
Payment 
methods. 
Certification, 
applicability. 
Notice; 
hearing. 
Agreement 
termination. 
Publication 
in Federal 
Register. 
shall cooperate fully in any monitoring of their programs under this 
subsection. 
(dXD Except as otherwise provided in this section, if an application 
submitted not later than September 30 in any calendar year, the 
Secretary shall pay out of funds appropriated or otherwise made 
available up to 50 percent of the cost of the personnel, equipment, and 
activities of a State agency reasonably required during the following 
calendar year to carry out a safety program under a certification 
under subsection (a) or an agreement under subsection O?) of this 
section; or to act as agent of the Secretary with respect to interstate 
pipeline facilities. The Secretary may, after notice and consultation 
with a State agency, withhold all or any part of the funds for a 
particular State agency if he determines that such State agency (A) is 
not satisfactorily canying out a safety program under a certification 
under subsection (a) or an agreement under subsection Ot)) of this 
section, or (B) is not satisfactorily acting as agent of the Secretary 
with respect to interstate pipeline facilities. No such payment may be 
made unless the State agency making application under this subsec-
tion gives assurances satisfactory to the Secretary that the State 
agency will provide the remaining cost of such a safety program and 
that the aggregate expenditures of funds of the State, exclusive of 
Federal grants, for hazardous liquid pipeline safety programs will be 
maintained at a level which does not fall below the average level of 
such expenditures for the last 2 fiscal years preceding the date of 
enactment of this section. 
(2) Funds authorized to be appropriated by section 214 of this title 
shall be allocated among the several States for pajmients to aid in the 
conduct of pipeline safety programs in accordance with parsigraph (1) 
of this subsection. 
(3) Payments under this section may be made in installments, in 
advance or by way of reimbursement, with necessary adjustments on 
account of overpajrments and underpayments. 
(4) The Secretary may, by regulation, provide for the form and 
manner of filing of applications under this section, and for such 
reporting and fiscal procedures as he deems necessary to assure the 
proper accounting for Federal funds. 
(e) A certification which is in effect under subsection (a) shall not 
apply with respect to any new or amended Federal safety standard 
established for intrastate pipeline facilities or transportation of 
hazardous liquids associated with those facilities pursuant to this 
title after the date of such certification. The provisions of this title 
shall apply to any such new or amended Federal safety standard until 
the State agency has adopted such standard and has submitted an 
appropriate certification in accordance with provisions of subsection 
(a). 
(f) If after receipt of annual certification under subsection (a), the 
Secretary determines that the State agency is not satisfactorily 
enforcing compliance with Federal safety standards, he may, on 
reasonable notice and after opportunity for hearing, reject the 
certification or take such other action as he deems appropriate to 
achieve adequate enforcement including the assertion of Federal 
jurisdiction. When such notice is given by the Secretary, the burden 
of proof shall be upon the Stete agency to show that it is satisfactorily 
enforcing compliance with Federal safety standards. 
(g) Any agreement under subsection (b) may be terminated by the 
Secretary if, after notice and opportunity for a hearing, he finds that 
the State agency has failed to comply with any provision of such 
agreement. Such finding and termination shall be published in the 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 1009 
Federal Register and shall become effective no sooner than 15 
days after the date of publication. 
JUDICIAL REVIEW 
SEC. 206. (a) Any person who is or will be adversely affected or 
aggrieved by any regulation issued under this title or any order 
issued relating to an application for waiver under section 203(h) may 
at any time prior to the 60th day after such regulation or order is 
issued file a petition for a judicial review with the United States 
Court of Appe^s for the District of Columbia or for the circuit 
wherein such petitioner is located or has his principal place of 
business. A copy of the petition shall be forthwith transmitted by the 
clerk of the court to the Secretary or other officer designated by him 
for that purpose. 
O
b
) Upon the filing of the petition referred to in subsection (a), the 
court shall have jurisdiction to review the regulation or order in 
accordance with chapter 7 of title 5 of the United States Code and to 
grant appropriate relief as provided in such chapter. 
(c) The judgment of the court affirming or setting aside, in whole or 
in part, any such regulation or order of the Secretary shall be final, 
subject to review by the Supreme Court of the United States upon 
certiorari or certification as provided in section 1254 of title 28 of the 
United States Code. 
(d) Any action instituted under this section shall survive, notwith-
standing any change in the person occup5dng the office of the 
Secretary or any vacancy in such office. 
(e) The remedies provided for in this section shall be in addition to 
and not in substitution for any other remedies provided by law. 
Petition filing. 
49 u s e 2005. 
5 u s e 701 
et seq. 
Review by 
Supreme eourt. 
COMPLIANCE 
SEC. 207. (a) Each person who engages in the transportation of 49USC2006. 
hazardous liquids or who owns or operates pipeline facilities shall— 
(1) at all times after the date any applicable safety standard 
established under this title takes effect comply with the require-
ments of 
such standard; 
(2) establish and maintain a plan of inspection and mainte-
nance required by section 210 and comply with such plan; and 
(3) permit access to or copying of records, and make reports or 
provide information, and permit entry or inspection, as required 
under section 211. 
Ob)(l) The Secretary may issue orders directing compliance with 
.^^,, 
this Act or any regulation issued under this Act. Any such order shall 
clearly set forth the particular actions required of the person to 
whom the order is issued. 
(2) The district courts of the United States shall have jurisdiction, U.S. jurisdiction. 
upon petition by the Attorney General, to enforce any such order by 
appropriate means. 
(c) Nothing in this title shall affect the common law or statutory 
liability of any person. 
PENALTIES 
SEC. 208. (a)(1) Any person who is determined by the Secretary to 
have violated any provisions of section 207(a) or any regulation or 
order issued under this title, including any order issued under section 
2O70t)) or 2090)), shall be liable to the United States for a civil penalty 
of not more than $1,000 for each violation for each day that violation 
49 u s e 2007. 
59-194 O — 81 
66 : QL3 
93 STAT. 1010 
PUBLIC LAW 96-129—NOV. 30, 1979 
Penalty 
assessment. 
Recovery. 
persists, except that the maximum civil penalty shall not exceed 
$200,000 for any related series of violations. 
(2) The amount of the penalty shall be assessed by the Secretary by 
written notice. In determining the amount of the penalty, the 
Secretary shall consider the nature, circumstances, and gravity of the 
violation and, with respect to the person found to have committed the 
violation, the degree of culpability, any history of prior violations, the 
effect on ability to continue to do business, any good faith in 
attempting to achieve compliance, ability to pay the penalty, and 
such other matters as justice may require. 
(b) A civil penalty assessed under subsection (a) may be recovered 
in an action brought by the Attorney General on behalf of the United 
States in the appropriate district court of the United States or, prior 
to referral to the Attorney General, it may be compromised by the 
Secretary. The amount of the penalty, when finally determined (or 
agreed upon in compromise), may be deducted from any sums owed 
by the United States to the person charged. All penalties collected 
under this subsection shall be deposited in the Treasury of the United 
States as miscellaneous receipts. 
(c)(1) Any person who willfully and knowingly violates section 
207(a) or a regulation or order issued under this title, including any 
order issued under section 207(b) or 2090t)), shall, upon conviction, be 
subject, for each offense, to a fine of not more than $25,000, imprison-
ment for a term not to exceed 5 years, or both. 
(2) Any person who willfully and knowingly injures or destroys, or 
attempts to injure or destroy, any interstate pipeline facility shall, 
upon conviction, be subject, for each offense, to a fine of not more 
than $25,000, imprisonment for a term not to exceed 15 years, or both. 
(d) Nothing in this title shall be construed to authorize the 
imposition of penalties for the violation of any regulation and the 
violation of any order under section 2070^) or 209(b) if both violations 
are based on the same act. 
Redress 
or restraint 
of violation. 
49 use 2008. 
Trial. 
18 use app. 
SPECIFIC RELIEF 
SEC. 209. (a)(1) The Attorney General, at the request of the Secre-
tary, may bring an action in an appropriate district court of the 
United States for equitable relief to redress or restrain a violation by 
any person of a provision of this title or a regulation issued under this 
title. Such district courts shall have jurisdiction to determine such 
actions and may grant such relief as is necessary or appropriate, 
including mandatory or prohibitive injunctive relief, interim equita-
ble relief, and punitive damages. 
(2) In any proceeding for criminal contempt for violation of a 
mandatory or prohibitive injunction issued under this subsection, 
which violation also constitutes a violation of this Act, trial shall be 
by the court or, upon demand of the accused, by a jury. Such trial 
shall be conducted in accordance with the practice and procedure 
applicable in the case of proceedings subject to the provisions of rule 
42(b) of the Federal Rules of Criminal Procedure. 
(b)(1) If the Secretary finds, after reasonable notice and an opportu-
nity for hearing, that any pipeline facility is hazardous to life or 
property, he shall, by order, require the person operating the facility 
to take necessary corrective action. Such corrective action may 
include suspended or restricted use of the facility, physical inspec-
tion, testing, repair, replacement, or other action, as appropriate. 
(2) The Secretary may find a pipeline facility to be hazardous under 
paragraph (1)— 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 1011 
(A) if under the facts and circumstances he determines the 
particular facility is hazardous to life or property, or 
(B) if the pipeline facility or a component thereof has been 
constructed or operated with any equipment, material, or tech-
nique which he determines is hazardous to life or property, 
unless the operator involved demonstrates to the satisfaction of 
the Secretary that under the particular facts and circumstances 
involved such equipment, material, or technique is not hazardous 
to life or property. 
(3) In making a determination under paragraph (2), the Secretary 
shall consider, if relevant— 
(A) the characteristics of the pipe and other equipment used in 
the pipeline facility involved, including its age, manufacturer, 
physical properties (including its resistance to corrosion and 
deterioration), and the method of its manufacture, construction, 
or assembly; 
(B) the nature of the materials transported by such facility 
(including their corrosive and deteriorative qualities), the se-
quence in which such materials are transported, and the pres-
sure required for such transportation; 
(C) the aspects of the areas in which the pipeline facility is 
located, in particular the climatic and geologic conditions (in-
cluding soil characteristics) associated with such areas, and the 
population density and population and growth patterns of such 
areas; 
(D) any recommendation of the National Transportation 
Safety Board issued in connection with any investigation con-
ducted by the Board under other provisions of law; and 
(E) such other factors as the Secretary may consider appropri-
ate. 
(4) The district courts of the United States shall have jurisdiction, U.S. jurisdiction. 
upon petition by the Attorney General, to enforce orders issued under 
this subsection by appropriate means. 
(5) The Secretary may waive the requirements for notice and 
hearing under this subsection and provide for expeditious issuance of 
an order under this subsection in any case in which he determines 
that the failure to do so would result in the likelihood of serious harm 
to life or property. However, the Secretary shall include in such an 
order an opportunity for hearing as soon as practicable after issuance 
of an order. 
INSPECTION AND MAINTENANCE 
SEC. 210. (a) Each person who engages in the transportation of 
hazardous liquids or who owns or operates pipeline facilities shall 
prepare, maintain at such office or offices of that person as the 
Secretary determines appropriate, and carry out a current written 
plan for inspection and maintenance of each facility used in that 
transportation and owned or operated by that person in accordance 
with regulations prescribed by the Secretary or, where a certification 
or agreement pursuant to section 205 of this title is in effect, by the 
appropriate State agency. The Secretary may, by regulation, also 
require persons who engage in the transportation of hazardous 
liquids or who own or operate pipeline facilities subject to the 
provisions of this title to file such plans for approval. A plan required 
by this subsection shall be practicable and designed to meet the need 
for pipeline safety and shall be made available to the Secretary or 
appropriate State agency upon request pursuant to section 211. 
Notice and 
hearing, 
waiver. 
Written 
plan. 
49 use 2009. 
Plans, filing 
for approval. 
93 STAT. 1012 
PUBLIC LAW 96-129—NOV. 30, 1979 
Plan revision. 
49 use 2010. 
Accident reports, 
availability for 
any judicial 
proceeding and 
general public. 
Trade secret, 
confidentiality. 
(b) If the Secretary or appropriate State agency finds that a plan 
required under this section is inadequate to achieve safe operation of 
pipeUne facilities, the Secretary or appropriate State agency shall, 
after notice and opportunity for a hearing, require the plan to be 
revised. In determining the adequacy of a plan filed under this 
section, the Secretary or appropriate State agency shall consider— 
(1) relevant available pipeline safety data; 
(2) whether the plan is appropriate for the particular type of 
pipeline transportation or facility; 
(3) the reasonableness of the plan; and 
(4) the extent to which such plan will contribute to public 
safety. 
POWERS AND DUTIES OF THE SECRETARY 
SEC. 211. (a) The Secretary may, to the extent necessary to carry out 
his responsibilities under this title, conduct investigations, make 
reports, issue subpenas, conduct hearings, require the production of 
relevant documents and records, take depositions, and conduct, 
directly or, by contract, or otherwise, research, testing, development, 
demonstration, and training activities; however, before the Secretary 
may exercise authority under this section to require testing of 
portions of pipeline facilities subject to the provisions of this title 
which have been involved in or affected by an accident, he shall make 
every effort to negotiate a mutually acceptable plan with the owner 
of such facilities and, where appropriate, the National Transporta-
tion Safety Board for performing such testing. 
(b) Each person who engages in the transportation of hazardous 
liquids or who owns or operates pipeline facilities shall establish and 
maintain such records, make such reports, and provide such informa-
tion as the Secretary may reasonably require, and shall submit such 
reports and shall make such records and information available as the 
Secretary may request, to enable him to determine whether such 
person has acted or is acting in compliance with this title and the 
standards or orders issued under this title. 
(c) Officers, employees, or agents authorized by the Secretary, upon 
presenting appropriate credentials to the person in charge, are 
authorized to enter upon, inspect, and examine, at reasonable times 
and in a reasonable manner, the records and properties of persons to 
the extent such records and properties are relevant to determining 
whether such persons have acted or are acting in compliance with 
this title and the standards or orders issued under this title. 
(d) Accident reports made by any officer, employee, or agent of the 
Department of Transportation shall be available for use in any civil, 
criminal, or other judicial proceeding arising out of such accident. 
Any such officer, employee, or agent may be required to testify in 
such proceedings as to the facts developed in such investigations. Any 
such report shall be made available to the public in a manner which 
need not identify individuals. All reports on research projects, dem-
onstration projects, and other related activities shall be public 
information. 
(e) All information reported to or otherwise obtained by the 
Secretary or his representative pursuant to subsection (a), (b), or (c) 
which information contains or relates to a trade secret referred to in 
section 1905 of title 18 of the United States Code shall be considered 
confidential for the purpose of that section, except that such informa-
tion may be disclosed to other officers or employees concerned with 
carrying out this title or when relevant in any proceeding under this 
title. Nothing in this section shall authorize the withholding of 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 1013 
information by the Secretary or any officer, employee, or agent under 
his control, from the duly authorized committees of the Congress. 
PIPELINE SAFETY COORDINATION AND COOPERATION 
SEC. 212. (a) Upon request, the Secretary shall furnish to the 
Federal Energy Regulatory Commission or any appropriate State 
agency, with respect to matters under their jurisdiction, any informa-
tion he has concerning the safety of any materials, operations, 
devices, or processes relating to the transportation of hazardous 
liquids or the operation of pipeline facilities. 
(b) The Secretary is authorized to advise, assist, and cooperate with 
other Federal departments and agencies and State and other inter-
ested public and private agencies and persons, in the planning and 
development of (1) Federal safety standards relating to hazardous 
liquids, and (2) methods for inspecting and testing to determine 
compliance with Federal safety standards relating to hazardous 
liquids. 
(c) The Secretary is authorized to consult with, and make recom-
mendations to, other Federal departments and agencies. State and 
local governments, and other public and private agencies or persons, 
for the purpose of developing and encouraging activities, including 
the enactment of legislation, to assist in the implementation of this 
title and to improve State and local pipeline safety programs relating 
to hazardous liquids. 
ANNUAL REPORT 
SEC. 213. (a) The Secretary shall prepare and submit to the 
President for transmittal to the Congress on June 15 of each year a 
comprehensive report on the administration of this title for the 
preceding calendar year. Such report shall include— 
(1) a thorough compilation of the leak repairs, accidents, and 
casualties occurring in such year with a statement of cause 
whenever investigated and determined by the National Trans-
portation Safety Board; 
(2) a list of Federal hazardous liquid pipeline safety standards 
established or in effect in such year with identification of 
standards newly established during such year; 
(3) a summary of the reasons for each waiver granted under 
section 203(h) during such year; 
(4) an evaluation of the degree of observance of applicable 
safety standards for the transportation of hazardous liquids and 
pipeline facilities including a list of enforcement actions, and 
compromises of alleged violations by location and company 
name; 
(5) a summary of outstanding problems confronting the admin-
istration of this title in order of priority; 
(6) an analysis and evaluation of research activities, including 
the policy implications thereof, completed as a result of Govern-
ment and private sponsorship and technological progress for 
safety achieved during such year; 
(7) a list, with a brief statement of the issues, of completed or 
pending judicial actions under the title; 
(8) the extent to which technical information was disseminated 
to the scientific community and consumer-oriented information 
was made available to the public; 
(9) a compilation o
f
— 
Information 
to Federal 
Energy Regu-
latory 
Commission. 
49 u s e 2011. 
Consultation 
and 
recommenda-
tions. 
Report to 
President for 
transmittal 
to Congress. 
49 u s e 2012. 
93 STAT. 1014 
PUBLIC LAW 96-129—NOV. 30, 1979 
Annual report. 
49 u s e 1683. 
(A) certifications filed by State agencies (including munici-
palities) under section 205(a) which were in effect during the 
preceding calendar year, and 
(B) certifications filed under section 205(a) which were 
rejected by the Secretary during the preceding calendar 
year, t(^ether with a summary of the reasons for such 
rejection; and 
(10) a compilation of— 
(A) agreements entered into with State agencies (including 
municipalities) under section 205(b) which were in effect 
during the preceding calendar year, and 
(B) agreements entered into under section 205(b) which 
were terminated by the Secretary during the preceding 
calendar year, together with a siunmary of the reasons for 
each such termination. 
(11) a description of the number and qualifications of State 
pipeline safety inspectors in each State for which a certification 
or agreement is in effect under section 205, together with the 
number of such pipeline inspectors (and their qualifications) 
which the Secretary recommends for that State. 
(b) The report required by subsection (a) shall contain such recom-
mendations for additional le^lation as the Secretary deems 
necessary to promote cooperation among the several States in the 
improvement of hazardous liquid pipeline safety programs. 
(c) The Secretary is authorized to submit one annual report in 
satisfaction of the report requirements of this section and of section 
16 of the Natural Gas Pipeline Safety Act of 1968. 
APPROPRIATIONS AUTHORIZED 
49 use 2013. 
SEC. 214. (a) For the purpose of carrying out the provisions of this 
title (other than provisions for which funds are authorized to be 
appropriated under subsection (b)), there are authorized to be appro-
priatcKl— 
(1) $1,800,000, for the fiscal year ending September 30, 1980; 
and 
(2) $2,100,000, for the fiscal year ending September 30, 1981. 
(b) For the purpose of carrying out the Federal grants-in-aid 
provisions of section 205 of this title, there are authorized to be 
appropriated— 
(1) $500,000, for the fiscal year ending September 30,1980; and 
(2) $535,000, for the fiscal year ending September 30, 1981. 
Mandatory 
or prohibitive 
injunctive 
relief. 
49 u s e 2014. 
CITIZENS CIVIL ACTION 
SEC. 215. (a) Except as provided in subsection (b), any person may 
commence a civil action for mandatory or prohibitive injunctive 
relief, including interim equitable relief, against any other person 
(including any State, municipality, or other governmental entity to 
the extent permitted by the eleventh amendment to the Constitution, 
and the United States) who is alleged to be in violation of this title or 
of any order or regulation issued under this title. The district courts 
of the United States shall have jurisdiction over actions brought 
under this section, without regard to the amount in controversy or 
the citizenship of the parties. 
(b) No civil action may be commenced under subsection (a) with 
respect to any alleged violation of this title or any order or regulation 
issued under this title— 
PUBLIC LAW 96-129—NOV. 30, 1979 
93 STAT. 1015 
(1) prior to the expiration of 60 days after the plaintiff has 
given notice of such alleged violation to the Secretary (or to the 
applicable State agency in the case of a State which has been 
certified under section 205(a) and in which the violation is 
alleged to have occurred), and to any person who is alleged to 
have committed such violation; or 
(2) if the Secretary (or such State agency) h£is commenced and 
is diligently pursuing administrative proceedings or the Attor-
ney General of the United States (or the chief law enforcement 
officer of such State) has commenced and is diligently pursuing 
judicial proceedings with respect to such alleged violation. 
Notice under this subsection shall be given in such manner as the 
Secretary shall prescribe by regulation. 
(c) In any action under subsection (a), the Secretary (with the 
concurrence of the Attorney General) or the Attorney General may 
intervene as a matter of right. 
(d) Nothing in this section shall restrict any right which any person 
(or class of persons) may have under any statute or at common law to 
seek enforcement of this title or any order or regulation under this 
title or to seek any other relief. 
(e) In any action under this section the court may, in the interest of 
justice, award the costs of suit, including reasonable attorney's fees 
and reasonable expert witnesses fees, to a prevailing plaintiff. Such 
court may, in the interest of 
justice, award such costs to a prevailing 
defendant whenever such action is unreasonable, frivolous, or merit-
less. For purposes of this subsection, a reasonable attorney's fee is a 
fee (1) which is based upon (A) the actual time expended by an 
attorney in providing advice and other legal services in connection 
with representing a person in an action brought under this section, 
and (B) such reasonable expenses as may be incurred by the attorney 
in the provision of such services, and (2) which is computed at the rate 
prevailing for the provision of similar services with respect to actions 
brought in the court which is awarding such fee. 
(f) For purposes of this section, a violation of any safety standard or 
practice of any State shall be deemed to be a violation of this title or 
of any order or regulation under this title only to the extent that such 
standard or practice is not more stringent than the comparable 
Federal safety standard. 
CONFORMING AMENDMENTS 
SEC. 216. (a) Section 112(c) of the Hazardous Materials Transporta-
tion Act (49 U.S.C. 1811(c)) is amended by striking out "chapter 39 of 
title 18, United States Code" and inserting in lieu thereof "Hazardous 
Liquid Pipeline Safety Act of 1979". 
(b) Sections 831 through 835 of chapter 39 of title 18, United States Repeal. 
Code, are repealed. 
EFFECTIVE DATE 
SEC. 217. The provisions of this title shall take effect on the date of 49 U
S
C 2001 
enactment. 
note. 
Reasonable 
attorney's 
fee. 
SAVINGS PROVISIONS 
SEC. 218. (a) All orders, determinations, rules, regulations, permits, 
contracts, certificates, licenses, and privileges which have been is-
sued, made, granted, or allowed to become effective under the 
provisions of chapter 39 of title 18, United States Code repealed by 
this title and which are in effect at the time this title takes effect, 
18 USC 831 note. 
Supra. 
93 STAT. 1016 
PUBLIC LAW 96-129—NOV. 30, 1979 
shall continue in effect as though issued, made, granted, or allowed to 
become effective under the authority of this title, according to their 
terms until modified, terminated, superseded, set aside, or repealed 
by the Secretary, by any court of competent jurisdiction, or by 
operation of law. 
(b) Suits, actions, or other proceedings pending upon the date of 
enactment of this title shall not be affected by the provisions of this 
title and shall be completed as if this title had not been enacted, 
unless the Secretary makes a determination that the public safety 
otherwise requires. 
Approved November 30, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-201, Pt. 1 (Coram, on Interstate and Foreign Commerce) 
and No. 96-201, Ft. II (Comm. or Public Works and Transporta-
tion), both accompanjdng H.R. 51. 
SENATE REPORT No. 96-182 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
June 4, considered and passed Senate. 
Sept. 17, 18, H.R. 51 considered and passed House; passage vacated and S. 411, 
amended, passed in lieu. 
Nov. 14, Senate concurred in House amendments with an amendment. 
Nov. 15, House concurred in Senate timendment.