Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006
PL 109-468 (H.R.5782), enacted 12/29/2006

120 STAT. 3486
PUBLIC LAW 109–468—DEC. 29, 2006
Public Law 109–468
109th Congress
An Act
To amend title 49, United States Code, to provide for enhanced safety and environ-
mental protection in pipeline transportation, to provide for enhanced reliability
in the transportation of the Nation’s energy products by pipeline, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES
CODE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Pipeline
Inspection, Protection, Enforcement, and Safety Act of 2006’’.
(b) AMENDMENT OF TITLE 49, UNITED STATES CODE.—Except
as otherwise expressly provided, whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment to, or
a repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
(c) TABLE OF CONTENTS.—
Sec. 1. Short title; amendment of title 49, United States Code; table of contents.
Sec. 2. Pipeline safety and damage prevention.
Sec. 3. Public education and awareness.
Sec. 4. Low-stress pipelines.
Sec. 5. Technical assistance grants.
Sec. 6. Enforcement transparency.
Sec. 7. Direct line sales.
Sec. 8. Petroleum transportation capacity and regulatory adequacy study.
Sec. 9. Distribution integrity management program rulemaking deadline.
Sec. 10. Emergency waivers.
Sec. 11. Restoration of operations.
Sec. 12. Pipeline control room management.
Sec. 13. Safety orders.
Sec. 14. Integrity program enforcement.
Sec. 15. Incident reporting.
Sec. 16. Senior executive signature of integrity management program performance
reports.
Sec. 17. Cost recovery for design reviews.
Sec. 18. Authorization of appropriations.
Sec. 19. Standards to implement NTSB recommendations.
Sec. 20. Accident reporting form.
Sec. 21. Leak detection technology study.
Sec. 22. Corrosion control regulations.
Sec. 23. Inspector General report.
Sec. 24. Technical assistance program.
Sec. 25. Natural gas pipelines.
Sec. 26. Corrosion technology.
SEC. 2. PIPELINE SAFETY AND DAMAGE PREVENTION.
(a) ONE CALL CIVIL ENFORCEMENT.—
(1) PROHIBITIONS.—Section 60114 is amended by adding
at the end the following:
Pipeline
Inspection,
Protection,
Enforcement,
and Safety Act
of 2006.
49 USC 60101
note.
Dec. 29, 2006
[H.R. 5782]
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PUBLIC LAW 109–468—DEC. 29, 2006
‘‘(d) PROHIBITION APPLICABLE TO EXCAVATORS.—A person who
engages in demolition, excavation, tunneling, or construction—
‘‘(1) may not engage in a demolition, excavation, tunneling,
or construction activity in a State that has adopted a one-
call notification system without first using that system to estab-
lish the location of underground facilities in the demolition,
excavation, tunneling, or construction area;
‘‘(2) may not engage in such demolition, excavation, tun-
neling, or construction activity in disregard of location informa-
tion or markings established by a pipeline facility operator
pursuant to subsection (b); and
‘‘(3) and who causes damage to a pipeline facility that
may endanger life or cause serious bodily harm or damage
to property—
‘‘(A) may not fail to promptly report the damage to
the owner or operator of the facility; and
‘‘(B) if the damage results in the escape of any flam-
mable, toxic, or corrosive gas or liquid, may not fail to
promptly report to other appropriate authorities by calling
the 911 emergency telephone number.
‘‘(e) PROHIBITION
APPLICABLE
TO
UNDERGROUND
PIPELINE
FACILITY OWNERS AND OPERATORS.—Any owner or operator of a
pipeline facility who fails to respond to a location request in order
to prevent damage to the pipeline facility or who fails to take
reasonable steps, in response to such a request, to ensure accurate
marking of the location of the pipeline facility in order to prevent
damage to the pipeline facility shall be subject to a civil action
under section 60120 or assessment of a civil penalty under section
60122.
‘‘(f) LIMITATION.—The Secretary may not conduct an enforce-
ment proceeding under subsection (d) for a violation within the
boundaries of a State that has the authority to impose penalties
described in section 60134(b)(7) against persons who violate that
State’s damage prevention laws, unless the Secretary has deter-
mined that the State’s enforcement is inadequate to protect safety,
consistent with this chapter, and until the Secretary issues, through
a rulemaking proceeding, the procedures for determining inad-
equate State enforcement of penalties.’’.
(2) CIVIL
PENALTY.—Section 60122(a)(1) is amended by
striking ‘‘60114(b)’’ and inserting ‘‘60114(b), 60114(d),’’.
(b) STATE DAMAGE PREVENTION PROGRAMS.—
(1) CONTENTS OF CERTIFICATIONS.—Section 60105(b)(4) is
amended to read as follows:
‘‘(4) is encouraging and promoting the establishment of
a program designed to prevent damage by demolition, exca-
vation, tunneling, or construction activity to the pipeline facili-
ties to which the certification applies that subjects persons
who violate the applicable requirements of that program to
civil penalties and other enforcement actions that are substan-
tially the same as are provided under this chapter, and
addresses the elements in section 60134(b);’’.
(2) IN GENERAL.—Chapter 601 is amended by adding at
the end the following:
‘‘§ 60134. State damage prevention programs
‘‘(a) IN GENERAL.—The Secretary may make a grant to a State
authority (including a municipality with respect to intrastate gas
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120 STAT. 3488
PUBLIC LAW 109–468—DEC. 29, 2006
pipeline transportation) to assist in improving the overall quality
and effectiveness of a damage prevention program of the State
authority under subsection (e) if the State authority—
‘‘(1) has in effect an annual certification under section
60105 or an agreement under section 60106; and
‘‘(2)(A) has in effect an effective damage prevention pro-
gram that meets the requirements of subsection (b); or
‘‘(B) demonstrates that it has made substantial progress
toward establishing such a program, and that such program
will meet the requirements of subsection (b).
‘‘(b) DAMAGE PREVENTION PROGRAM ELEMENTS.—An effective
damage prevention program includes the following elements:
‘‘(1) Participation by operators, excavators, and other stake-
holders in the development and implementation of methods
for establishing and maintaining effective communications
between stakeholders from receipt of an excavation notification
until successful completion of the excavation, as appropriate.
‘‘(2) A process for fostering and ensuring the support and
partnership of stakeholders, including excavators, operators,
locators, designers, and local government in all phases of the
program.
‘‘(3) A process for reviewing the adequacy of a pipeline
operator’s internal performance measures regarding persons
performing locating services and quality assurance programs.
‘‘(4) Participation by operators, excavators, and other stake-
holders in the development and implementation of effective
employee training programs to ensure that operators, the one-
call center, the enforcing agency, and the excavators have
partnered to design and implement training for the employees
of operators, excavators, and locators.
‘‘(5) A process for fostering and ensuring active participa-
tion by all stakeholders in public education for damage preven-
tion activities.
‘‘(6) A process for resolving disputes that defines the State
authority’s role as a partner and facilitator to resolve issues.
‘‘(7) Enforcement of State damage prevention laws and
regulations for all aspects of the damage prevention process,
including public education, and the use of civil penalties for
violations assessable by the appropriate State authority.
‘‘(8) A process for fostering and promoting the use, by
all appropriate stakeholders, of improving technologies that
may enhance communications, underground pipeline locating
capability, and gathering and analyzing information about the
accuracy and effectiveness of locating programs.
‘‘(9) A process for review and analysis of the effectiveness
of each program element, including a means for implementing
improvements identified by such program reviews.
‘‘(c) FACTORS TO CONSIDER.—In making grants under this sec-
tion, the Secretary shall take into consideration the commitment
of each State to ensuring the effectiveness of its damage prevention
program, including legislative and regulatory actions taken by the
State.
‘‘(d) APPLICATION.—If a State authority files an application
for a grant under this section not later than September 30 of
a calendar year and demonstrates that the Governor (or chief execu-
tive) of the State has designated it as the appropriate State
Deadline.
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120 STAT. 3489
PUBLIC LAW 109–468—DEC. 29, 2006
authority to receive the grant, the Secretary shall review the State’s
damage prevention program to determine its effectiveness.
‘‘(e) USE OF FUNDS.—A grant under this section to a State
authority may only be used to pay the cost of the personnel, equip-
ment, and activities that the State authority reasonably requires
for the calendar year covered by the grant to develop or carry
out its damage prevention program in accordance with subsection
(b).
‘‘(f) NONAPPLICABILITY OF LIMITATION.—A grant made under
this section is not subject to the section 60107(a) limitation on
the maximum percentage of funds to be paid by the Secretary.
‘‘(g) LIMITATION ON USE OF FUNDS.—Funds provided to carry
out this section may not be used for lobbying or in direct support
of litigation.
‘‘(h) DAMAGE PREVENTION PROCESS DEFINED.—In this section,
the term ‘damage prevention process’ means a process that incor-
porates the principles described in sections 60114(b), 60114(d), and
60114(e).’’.
(3) CLERICAL AMENDMENT.—The analysis for chapter 601
is amended by adding at the end the following:
‘‘60134. State damage prevention programs.’’.
(c) STATE
PIPELINE
SAFETY
GRANTS.—Section 60107(a) is
amended by striking ‘‘not more than 50 percent’’ and inserting
‘‘not more than 80 percent’’.
(d) MAINTENANCE OF EFFORT.—Section 60107(b) is amended
by striking ‘‘spent—’’ and all that follows and inserting ‘‘spent
for gas and hazardous liquid safety programs for the 3 fiscal years
prior to the fiscal year in which the Secretary makes the payment,
except when the Secretary waives this requirement.’’.
(e) DAMAGE PREVENTION TECHNOLOGY DEVELOPMENT.—Section
60114 (as amended by subsection (a)(1) of this section) is further
amended by adding at the end the following:
‘‘(g) TECHNOLOGY DEVELOPMENT GRANTS.—The Secretary may
make grants to any organization or entity (not including for-profit
entities) for the development of technologies that will facilitate
the prevention of pipeline damage caused by demolition, excavation,
tunneling, or construction activities, with emphasis on wireless
and global positioning technologies having potential for use in
connection with notification systems and underground facility
locating and marking services. Funds provided under this subsection
may not be used for lobbying or in direct support of litigation.
The Secretary may also support such technology development
through cooperative agreements with trade associations, academic
institutions, and other organizations.’’.
SEC. 3. PUBLIC EDUCATION AND AWARENESS.
(a) IN GENERAL.—Chapter 61 is amended by adding at the
end the following:
‘‘§ 6109. Public education and awareness
‘‘(a) GRANT AUTHORITY.—The Secretary shall make a grant
to an appropriate entity for promoting public education and aware-
ness with respect to the 811 national excavation damage prevention
phone number.
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120 STAT. 3490
PUBLIC LAW 109–468—DEC. 29, 2006
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary $1,000,000 for the period begin-
ning October 1, 2006, and ending September 30, 2008, to carry
out this section.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 61 is
amended by adding at the end the following:
‘‘6109. Public education and awareness.’’.
SEC. 4. LOW-STRESS PIPELINES.
Section 60102(k) is amended to read as follows:
‘‘(k) LOW-STRESS HAZARDOUS LIQUID PIPELINES.—
‘‘(1) MINIMUM STANDARDS.—Not later than December 31,
2007, the Secretary shall issue regulations subjecting low-stress
hazardous liquid pipelines to the same standards and regula-
tions as other hazardous liquid pipelines, except as provided
in paragraph (3). The implementation of the applicable stand-
ards and regulatory requirements may be phased in. The regu-
lations issued under this paragraph shall not apply to gathering
lines.
‘‘(2) GENERAL PROHIBITION AGAINST LOW INTERNAL STRESS
EXCEPTION.—Except as provided in paragraph (3), the Secretary
may not provide an exception to the requirements of this
chapter for a hazardous liquid pipeline because the pipeline
operates at low internal stress.
‘‘(3) LIMITED EXCEPTIONS.—The Secretary shall provide or
continue in force exceptions to this subsection for low-stress
hazardous liquid pipelines that—
‘‘(A) are subject to safety regulations of the United
States Coast Guard; or
‘‘(B) serve refining, manufacturing, or truck, rail, or
vessel terminal facilities if the pipeline is less than 1 mile
long (measured outside the facility grounds) and does not
cross an offshore area or a waterway currently used for
commercial navigation,
until regulations issued under paragraph (1) become effective.
After such regulations become effective, the Secretary may
retain or remove those exceptions as appropriate.
‘‘(4) RELATIONSHIP TO OTHER LAWS.—Nothing in this sub-
section shall be construed to prohibit or otherwise affect the
applicability of any other statutory or regulatory exemption
to any hazardous liquid pipeline.
‘‘(5) DEFINITION.—For purposes of this subsection, the term
‘low-stress hazardous liquid pipeline’ means a hazardous liquid
pipeline that is operated in its entirety at a stress level of
20 percent or less of the specified minimum yield strength
of the line pipe.
‘‘(6) EFFECTIVE DATE.—The requirements of this subsection
shall not take effect as to low-stress hazardous liquid pipeline
operators before the effective date of the rules promulgated
by the Secretary under this subsection.’’.
SEC. 5. TECHNICAL ASSISTANCE GRANTS.
Section 60130 is amended—
(1) in subsection (a)(1) by striking ‘‘The Secretary shall
establish competitive’’ and inserting ‘‘No grants may be awarded
under section 60114(g) until the Secretary has established
competitive’’;
Deadline.
Regulations.
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120 STAT. 3491
PUBLIC LAW 109–468—DEC. 29, 2006
(2) in subsection (a) by redesignating paragraph (2) as
paragraph (4);
(3) in subsection (a) by inserting after paragraph (1) the
following:
‘‘(2) DEMONSTRATION GRANTS.—At least the first 3 grants
awarded under this section shall be demonstration grants for
the purpose of demonstrating and evaluating the utility of
grants under this section. Each such demonstration grant shall
not exceed $25,000.
‘‘(3) 
DISSEMINATION
OF
TECHNICAL
FINDINGS.—Each
recipient of a grant under this section shall ensure that—
‘‘(A) the technical findings made possible by the grants
are made available to the relevant operators; and
‘‘(B) open communication between the grant recipients,
local operators, local communities, and other interested
parties is encouraged.’’; and
(4) in subsection (d) by striking ‘‘2006’’ and inserting ‘‘2010’’.
SEC. 6. ENFORCEMENT TRANSPARENCY.
(a) IN GENERAL.—Chapter 601 (as amended by section 2(b)
of this Act) is further amended by adding at the end the following:
‘‘§ 60135. Enforcement transparency
‘‘(a) IN GENERAL.—Not later than December 31, 2007, the Sec-
retary shall—
‘‘(1) provide a monthly updated summary to the public
of all gas and hazardous liquid pipeline enforcement actions
taken by the Secretary or the Pipeline and Hazardous Materials
Safety Administration, from the time a notice commencing an
enforcement action is issued until the enforcement action is
final;
‘‘(2) include in each such summary identification of the
operator involved in the enforcement activity, the type of alleged
violation, the penalty or penalties proposed, any changes in
case status since the previous summary, the final assessment
amount of each penalty, and the reasons for a reduction in
the proposed penalty, if appropriate; and
‘‘(3) provide a mechanism by which a pipeline operator
named in an enforcement action may make information, expla-
nations, or documents it believes are responsive to the enforce-
ment action available to the public.
‘‘(b) ELECTRONIC AVAILABILITY.—Each summary under this sec-
tion shall be made available to the public by electronic means.
‘‘(c) RELATIONSHIP TO FOIA.—Nothing in this section shall be
construed to require disclosure of information or records that are
exempt from disclosure under section 552 of title 5.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 601 (as
amended by section 2(b) of this Act) is further amended by adding
at the end:
‘‘60135. Enforcement transparency.’’.
SEC. 7. DIRECT LINE SALES.
Section 60101(a) is amended—
(1) by striking paragraph (6) and inserting the following:
‘‘(6) ‘interstate gas pipeline facility’ means a gas pipeline
facility—
‘‘(A) used to transport gas; and
Deadline.
Public
information.
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PUBLIC LAW 109–468—DEC. 29, 2006
‘‘(B) subject to the jurisdiction of the Commission under
the Natural Gas Act (15 U.S.C. 717 et seq.);’’; and
(2) by striking paragraph (9) and inserting the following:
‘‘(9) ‘intrastate gas pipeline facility’ means a gas pipeline
facility and transportation of gas within a State not subject
to the jurisdiction of the Commission under the Natural Gas
Act (15 U.S.C. 717 et seq.);’’.
SEC. 8. PETROLEUM TRANSPORTATION CAPACITY AND REGULATORY
ADEQUACY STUDY.
(a) IN GENERAL.—Chapter 601 (as amended by sections 2(b)
and 6 of this Act) is further amended by adding at the end the
following:
‘‘§ 60136. Petroleum product transportation capacity study
‘‘(a) IN
GENERAL.—The Secretaries of Transportation and
Energy shall conduct periodic analyses of the domestic transport
of petroleum products by pipeline. Such analyses should identify
areas of the United States where unplanned loss of individual
pipeline facilities may cause shortages of petroleum products or
price disruptions and where shortages of pipeline capacity and
reliability concerns may have or are anticipated to contribute to
shortages of petroleum products or price disruptions. Upon identi-
fying such areas, the Secretaries may determine if the current
level of regulation is sufficient to minimize the potential for
unplanned losses of pipeline capacity.
‘‘(b) CONSULTATION.—In preparing any analysis under this sec-
tion, the Secretaries may consult with the heads of other govern-
ment agencies and public- and private-sector experts in pipeline
and other forms of petroleum product transportation, energy
consumption, pipeline capacity, population, and economic develop-
ment.
‘‘(c) REPORT TO CONGRESS.—Not later than June 1, 2008, the
Secretaries shall submit to the Committee on Energy and Commerce
and the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science,
and Transportation and the Committee on Energy and Natural
Resources of the Senate a report setting forth their recommenda-
tions to reduce the likelihood of the shortages and price disruptions
referred to in subsection (a).
‘‘(d) ADDITIONAL REPORTS.—The Secretaries shall submit addi-
tional reports to the congressional committees referred to in sub-
section (c) containing the results of any subsequent analyses per-
formed under subsection (a) and any additional recommendations,
as appropriate.
‘‘(e) PETROLEUM PRODUCT DEFINED.—In this section, the term
‘petroleum product’ means oil of any kind
or in any form, gasoline,
diesel fuel, aviation fuel, fuel oil, kerosene, any product obtained
from refining or processing of crude oil, liquefied petroleum gases,
natural gas liquids, petrochemical feedstocks, condensate, waste
or refuse mixtures containing any of such oil products, and any
other liquid hydrocarbon compounds.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 601 (as
amended by sections 2(b) and 6 of this Act) is further amended
by adding at the end the following:
‘‘60136. Petroleum product transportation capacity study.’’.
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SEC. 9. DISTRIBUTION INTEGRITY MANAGEMENT PROGRAM RULE-
MAKING DEADLINE.
Section 60109 is amended by adding at the end the following:
‘‘(e) DISTRIBUTION INTEGRITY MANAGEMENT PROGRAMS.—
‘‘(1) MINIMUM STANDARDS.—Not later than December 31,
2007, the Secretary shall prescribe minimum standards for
integrity management programs for distribution pipelines.
‘‘(2) ADDITIONAL
AUTHORITY
OF
SECRETARY.—In carrying
out this subsection, the Secretary may require operators of
distribution pipelines to continually identify and assess risks
on their distribution lines, to remediate conditions that present
a potential threat to line integrity, and to monitor program
effectiveness.
‘‘(3) EXCESS FLOW VALVES.—
‘‘(A) IN
GENERAL.—The minimum standards shall
include a requirement for an operator of a natural gas
distribution system to install an excess flow valve on each
single family residence service line connected to such
system if—
‘‘(i) the service line is installed or entirely replaced
after June 1, 2008;
‘‘(ii) the service line operates continuously through-
out the year at a pressure not less than 10 pounds
per square inch gauge;
‘‘(iii) the service line is not connected to a gas
stream with respect to which the operator has had
prior experience with contaminants the presence of
which could interfere with the operation of an excess
flow valve;
‘‘(iv) the installation of an excess flow valve on
the service line is not likely to cause loss of service
to the residence or interfere with necessary operation
or maintenance activities, such as purging liquids from
the service line; and
‘‘(v) an excess flow valve meeting performance
standards developed under section 60110(e) of title
49, United States Code, is commercially available to
the operator, as determined by the Secretary.
‘‘(B) REPORTS.—Operators of natural gas distribution
systems shall report annually to the Secretary on the
number of excess flow valves installed on their systems
under subparagraph (A).
‘‘(4) APPLICABILITY.—The Secretary shall determine which
distribution pipelines will be subject to the minimum standards.
‘‘(5) DEVELOPMENT AND IMPLEMENTATION.—Each operator
of a distribution pipeline that the Secretary determines is sub-
ject to the minimum standards prescribed by the Secretary
under this subsection shall develop and implement an integrity
management program in accordance with those standards.
‘‘(6) SAVINGS CLAUSE.—Subject to section 60104(c), a State
authority having a current certification under section 60105
may adopt or continue in force additional integrity management
requirements, including additional requirements for installation
of excess flow valves, for gas distribution pipelines within the
boundaries of that State.’’.
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SEC. 10. EMERGENCY WAIVERS.
Section 60118(c) is amended to read as follows:
‘‘(c) WAIVERS BY SECRETARY.—
‘‘(1) NONEMERGENCY WAIVERS.—
‘‘(A) IN GENERAL.—On application of an owner or oper-
ator of a pipeline facility, the Secretary by order may
waive compliance with any part of an applicable standard
prescribed under this chapter with respect to such facility
on terms the Secretary considers appropriate if the Sec-
retary determines that the waiver is not inconsistent with
pipeline safety.
‘‘(B) HEARING.—The Secretary may act on a waiver
under this paragraph only after notice and an opportunity
for a hearing.
‘‘(2) EMERGENCY WAIVERS.—
‘‘(A) IN GENERAL.—The Secretary by order may waive
compliance with any part of an applicable standard pre-
scribed under this chapter on terms the Secretary considers
appropriate without prior notice and comment if the Sec-
retary determines that—
‘‘(i) it is in the public interest to grant the waiver;
‘‘(ii) the waiver is not inconsistent with pipeline
safety; and
‘‘(iii) the waiver is necessary to address an actual
or impending emergency involving pipeline transpor-
tation, including an emergency caused by a natural
or manmade disaster.
‘‘(B) PERIOD OF WAIVER.—A waiver under this para-
graph may be issued for a period of not more than 60
days and may be renewed upon application to the Secretary
only after notice and an opportunity for a hearing on the
waiver. The Secretary shall immediately revoke the waiver
if continuation of the waiver would not be consistent with
the goals and objectives of this chapter.
‘‘(3) STATEMENT OF REASONS.—The Secretary shall state
in an order issued under this subsection the reasons for
granting the waiver.’’.
SEC. 11. RESTORATION OF OPERATIONS.
Section 60117 is amended by adding at the end the following:
‘‘(m) RESTORATION OF OPERATIONS.—
‘‘(1) IN GENERAL.—The Secretary may advise, assist, and
cooperate with the heads of other departments, agencies, and
instrumentalities of the United States Government, the States,
and public and private agencies and persons to facilitate the
restoration of pipeline operations that have been or are antici-
pated to become disrupted by manmade or natural disasters.
‘‘(2) SAVINGS CLAUSE.—Nothing in this section alters or
amends the authorities and responsibilities of any department,
agency, or instrumentality of the United States Government,
other than the Department of Transportation.’’.
SEC. 12. PIPELINE CONTROL ROOM MANAGEMENT.
(a) IN GENERAL.—Chapter 601 (as amended by sections 2(b),
6, and 8 of this Act) is further amended by adding at the end
the following:
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‘‘§ 60137. Pipeline control room management
‘‘(a) IN GENERAL.—Not later than June 1, 2008, the Secretary
shall issue regulations requiring each operator of a gas or hazardous
liquid pipeline to develop, implement, and submit to the Secretary
or, in the case of an operator of an intrastate pipeline located
within the boundaries of a State that has in effect an annual
certification under section 60105, to the head of the appropriate
State authority, a human factors management plan designed to
reduce risks associated with human factors, including fatigue, in
each control center for the pipeline. Each plan must include, among
the measures to reduce such risks, a maximum limit on the hours
of service established by the operator for individuals employed
as controllers in a control center for the pipeline.
‘‘(b) REVIEW AND APPROVAL OF THE PLAN.—The Secretary or,
in the case of an operator of an intrastate pipeline located within
the boundaries of a State that has in effect an annual certification
under section 60105, the head of the appropriate State authority,
shall review and approve each plan submitted to the Secretary
or the head of such authority under subsection (a). The Secretary
and the head of such authority may not approve a plan that does
not include a maximum limit on the hours of service established
by the operator of the pipeline for individuals employed as control-
lers in a control center for the pipeline.
‘‘(c) ENFORCEMENT OF THE PLAN.—If the Secretary or the head
of the appropriate State authority determines that an operator’s
plan submitted to the Secretary or the head of such authority
under subsection (a), or implementation of such a plan, does not
comply with the regulations issued under this section or is inad-
equate for the safe operation of a pipeline, the Secretary or the
head of such authority may take action consistent with this chapter
and enforce the requirements of such regulations.
‘‘(d) COMPLIANCE WITH
THE PLAN.—Each operator of a gas
or hazardous liquid pipeline shall document compliance with the
plan submitted by the operator under subsection (a) and the reasons
for any deviation from compliance with such plan. The Secretary
or the head of the appropriate State authority, as the case may
be, shall review the reasonableness of any such deviation in consid-
ering whether to take enforcement action or discontinue approval
of the operator’s plan under subsection (b).
‘‘(e) DEVIATION REPORTING REQUIREMENTS.—In issuing regula-
tions under subsection (a), the Secretary shall develop and include
in such regulations requirements for an operator of a gas or haz-
ardous liquid pipeline to report deviations from compliance with
the plan submitted by the operator under subsection (a).’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 601 (as
amended by sections 2(b), 6, and 8 of this Act) is further amended
by adding at the end the following:
‘‘60137. Pipeline control room management.’’.
SEC. 13. SAFETY ORDERS.
Section 60117(l) is amended to read as follows:
‘‘(l) SAFETY ORDERS.—
‘‘(1) IN GENERAL.—Not later than December 31, 2007, the
Secretary shall issue regulations providing that, after notice
and opportunity for a hearing, if the Secretary determines
that a pipeline facility has a condition that poses a pipeline
Deadline.
Regulations.
Deadline.
Regulations.
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integrity risk to public safety, property, or the environment,
the Secretary may order the operator of the facility to take
necessary corrective action, including physical inspection,
testing, repair, or other appropriate action, to remedy that
condition.
‘‘(2) CONSIDERATIONS.—In making a determination under
paragraph (1), the Secretary, if relevant and pursuant to the
regulations issued under paragraph (1), shall consider—
‘‘(A) the considerations specified in paragraphs (1)
through (6) of section 60112(b);
‘‘(B) the likelihood that the condition will impair the
serviceability of a pipeline;
‘‘(C) the likelihood that the condition will worsen over
time; and
‘‘(D) the likelihood that the condition is present or
could develop on other areas of the pipeline.’’.
SEC. 14. INTEGRITY PROGRAM ENFORCEMENT.
Section 60109(c)(9)(A)(iii) is amended to read as follows:
‘‘(iii) INADEQUATE
PROGRAMS.—If the Secretary
determines that a risk analysis or integrity manage-
ment program does not comply with the requirements
of this subsection or regulations issued as described
in paragraph (2), has not been adequately imple-
mented, or is inadequate for the safe operation of a
pipeline facility, the Secretary may conduct proceedings
under this chapter.’’.
SEC. 15. INCIDENT REPORTING.
Not later than December 31, 2007, the Secretary of Transpor-
tation shall review the incident reporting requirements for operators
of natural gas pipelines and modify the reporting criteria as appro-
priate to ensure that the incident data gathered accurately reflects
incident trends over time, taking into consideration the rec-
ommendations from the Comptroller General in GAO report 06–
946.
SEC. 16. SENIOR EXECUTIVE SIGNATURE OF INTEGRITY MANAGEMENT
PROGRAM PERFORMANCE REPORTS.
Section 60109 (as amended by section 9 of this Act) is further
amended by adding at the end the following:
‘‘(f) CERTIFICATION OF PIPELINE INTEGRITY MANAGEMENT PRO-
GRAM PERFORMANCE.—The Secretary shall establish procedures
requiring certification of annual and semiannual pipeline integrity
management program performance reports by a senior executive
officer of the company operating a pipeline subject to this chapter.
The procedures shall require a signed statement, which may be
effected electronically in accordance with the provisions of the Elec-
tronic Signatures in Global and National Commerce Act (15 U.S.C.
7001 et seq.), certifying that—
‘‘(1) the signing officer has reviewed the report; and
‘‘(2) to the best of such officer’s knowledge and belief,
the report is true and complete.’’.
SEC. 17. COST RECOVERY FOR DESIGN REVIEWS.
Section 60117 (as amended by section 11 of this Act) is amended
by adding at the end the following:
‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.—
Procedures.
49 USC 60117
note.
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‘‘(1) IN GENERAL.—If the Secretary conducts facility design
safety reviews in connection with a proposal to construct,
expand, or operate a liquefied natural gas pipeline facility,
the Secretary may require the person requesting such reviews
to pay the associated staff costs relating to such reviews
incurred by the Secretary in section 60301(d). The Secretary
may assess such costs in any reasonable manner.
‘‘(2) DEPOSIT.—The Secretary shall deposit all funds paid
to the Secretary under this subsection into the Department
of Treasury account 69–5172–0–2–407 or its successor account.
‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—Funds deposited
pursuant to this subsection are authorized to be appropriated
for the purposes set forth in section 60301(d).’’.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
(a) GAS AND HAZARDOUS LIQUID.—Section 60125(a) is amended
to read as follows:
‘‘(a) GAS AND HAZARDOUS LIQUID.—
‘‘(1) IN
GENERAL.—To carry out the provisions of this
chapter related to gas and hazardous liquid and section 12
of the Pipeline Safety Improvement Act of 2002 (49 U.S.C.
60101 note; Public Law 107–355), the following amounts are
authorized to be appropriated to the Department of Transpor-
tation from fees collected under section 60301 in each respective
year:
‘‘(A) For fiscal year 2007, $60,175,000 of which
$7,386,000 is for carrying out such section 12 and
$17,556,000 is for making grants.
‘‘(B) For fiscal year 2008, $67,118,000 of which
$7,586,000 is for carrying out such section 12 and
$20,614,000 is for making grants.
‘‘(C) For fiscal year 2009, $72,045,000 of which
$7,586,000 is for carrying out such section 12 and
$21,513,000 is for making grants.
‘‘(D) For fiscal year 2010, $76,580,000 of which
$7,586,000 
is 
for 
carrying 
out 
subsection 
12 
and
$22,252,000 is for making grants.
‘‘(2) TRUST FUND AMOUNTS.—In addition to the amounts
authorized to be appropriated by paragraph (1) the following
amounts are authorized from the Oil Spill Liability Trust Fund
to carry out the provisions of this chapter related to hazardous
liquid and section 12 of the Pipeline Safety Improvement Act
of 2002 (49 U.S.C. 60101 note; Public Law 107–355):
‘‘(A) For fiscal year 2007, $18,810,000 of which
$4,207,000 is for carrying out such section 12 and
$2,682,000 is for making grants.
‘‘(B) For fiscal year 2008, $19,000,000 of which
$4,207,000 is for carrying out such section 12 and
$2,682,000 is for making grants.
‘‘(C) For fiscal year 2009, $19,500,000 of which
$4,207,000 is for carrying out such section 12 and
$3,103,000 is for making grants.
‘‘(D) For fiscal year 2010, $20,000,000 of which
$4,207,000 is for carrying out such section 12 $3,603,000
is for making grants.’’.
(b) CONFORMING AMENDMENTS.—Section 60125 is amended—
(1) by striking subsections (b) and (c); and
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(2) by redesignating subsections (d) and (e) as subsections
(b) and (c), respectively.
(c) EMERGENCY
RESPONSE
GRANTS.—Section 60125(b) (as
redesignated by subsection (b)(2) of this section) is amended—
(1) in paragraph (1) by adding at the end the following:
‘‘To the extent that such grants are used to train emergency
responders, such training shall ensure that emergency
responders have the ability to protect nearby persons, property,
and the environment from the effects of accidents or incidents
involving gas or hazardous liquid pipelines, in accordance with
existing regulations.’’; and
(2) in paragraph (2)—
(A) 
by 
striking 
‘‘$6,000,000’’ 
and 
inserting
‘‘$10,000,000’’; and
(B) by striking ‘‘2003 through 2006’’ and inserting
‘‘2007 through 2010’’.
(d) ONE-CALL
NOTIFICATION
PROGRAMS.—Section 6107 is
amended—
(1) in subsection (a) by striking ‘‘fiscal years 2003 through
2006’’ and inserting ‘‘fiscal years 2007 through 2010’’; and
(2) in subsection (b) by striking ‘‘for fiscal years 2003
through 2006’’ and inserting ‘‘for fiscal years 2007 through
2010’’.
(e) INSPECTOR STAFFING.—The Secretary shall ensure that the
number of positions for pipeline inspection and enforcement per-
sonnel at the Pipeline and Hazardous Materials Safety Administra-
tion does not fall below 100 for fiscal year 2007, 111 for fiscal
year 2008, 123 for fiscal year 2009, and 135 for fiscal year 2010.
SEC. 19. STANDARDS TO IMPLEMENT NTSB RECOMMENDATIONS.
Not later than June 1, 2008, the Secretary of Transportation
shall issue standards that implement the following recommenda-
tions contained in the National Transportation Safety Board’s report
entitled ‘‘Supervisory Control and Data Acquisition (SCADA) in
Liquid Pipelines’’ and adopted November 29, 2005:
(1) Implementation of the American Petroleum Institute’s
Recommended Practice 165 for the use of graphics on the
supervisory control and data acquisition screens.
(2) Implementation of a standard for pipeline companies
to review and audit alarms on monitoring equipment.
(3) Implementation of standards for pipeline controller
training that include simulator or noncomputerized simulations
for controller recognition of abnormal pipeline operating condi-
tions, in particular, leak events.
SEC. 20. ACCIDENT REPORTING FORM.
Not later than December 31, 2007, the Secretary of Transpor-
tation shall amend accident reporting forms to require operators
of gas and hazardous liquid pipelines to provide data related to
controller fatigue.
SEC. 21. LEAK DETECTION TECHNOLOGY STUDY.
Not later than December 31, 2007, the Secretary of Transpor-
tation shall submit to Congress a report on leak detection systems
utilized by operators of hazardous liquid pipelines. The report shall
include a discussion of the inadequacies of current leak detection
systems, including their ability to detect ruptures and small leaks
that are ongoing or intermittent, and what can be done to foster
Reports.
49 USC 60117
note.
49 USC 60102
note.
Deadline.
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development of better technologies as well as address existing
technological inadequacies.
SEC. 22. CORROSION CONTROL REGULATIONS.
(a) REVIEW.—The Secretary of Transportation, in consultation
with the Technical Hazardous Liquid Pipeline Safety Standards
Committee and other appropriate entities, shall review the internal
corrosion control regulations set forth in subpart H of part 195
of title 49 of the Code of Federal Regulations to determine if
such regulations are currently adequate to ensure that the pipeline
facilities subject to such regulations will not present a hazard
to public safety or the environment.
(b) REPORT.—Not later than December 31, 2007, the Secretary
shall submit to Congress a report containing the results of the
review and may modify the regulations referred to in subsection
(a) if necessary and appropriate.
SEC. 23. INSPECTOR GENERAL REPORT.
(a) ASSESSMENT.—Not later than December 31, 2007, the
Inspector General of the Department of Transportation shall con-
duct an assessment of the actions the Department has taken in
implementing the annex to the memorandum of understanding
between the Secretary of Transportation and the Secretary of Home-
land Security, dated September 28, 2004, relating to pipeline secu-
rity.
(b) SPECIFIED DUTIES
OF INSPECTOR GENERAL.—In carrying
out the assessment, the Inspector General shall—
(1) provide a status report on implementation of the pro-
gram elements outlined and developed in the annex;
(2) describe the roles, responsibilities, and authority of
the Department of Transportation relating to pipeline security;
(3) assess the adequacy and effectiveness of the process
by which the Department of Transportation has communicated
and coordinated with the Department of Homeland Security
on matters relating to pipeline security;
(4) address the adequacy of security standards for gas
and oil pipelines in coordination, as necessary, with the
Inspector General of the Department of Homeland Security;
and
(5) consider any other issues determined to be appropriate
by the Inspector General of the Department of Transportation
or the Secretary of Transportation.
(c) ASSESSMENT REPORT AND PERIODIC STATUS UPDATES.—
(1) ASSESSMENT
REPORT.—Not later than December 31,
2007, the Inspector General of the Department of Transpor-
tation shall transmit a report on the results of the assessment,
together with any recommendations (including legislative
options for Congress to consider), to the Committees on
Transportation and Infrastructure and Energy and Commerce
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate.
(2) PERIODIC STATUS REPORTS.—The Inspector General shall
transmit periodically to the Committees as referred to in para-
graph (1), as necessary and appropriate, reports on matters
pertaining to the implementation by the Department of
Transportation of any recommendations contained in the report
transmitted pursuant to paragraph (1).
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120 STAT. 3500
PUBLIC LAW 109–468—DEC. 29, 2006
(d) FORMAT.—The report, or portions of the report, under sub-
section (c)(1) may be submitted in a classified format if the Inspector
General determines that such action is necessary.
SEC. 24. TECHNICAL ASSISTANCE PROGRAM.
(a) IN GENERAL.—The Secretary of Transportation may award,
through a competitive process, grants to universities with expertise
in pipeline safety and security to establish jointly a collaborative
program to conduct pipeline safety and technical assistance pro-
grams.
(b) DUTIES.—In cooperation with the Pipeline and Hazardous
Materials Safety Administration and representatives from States
and boards of public utilities, the participants in the collaborative
program established under subsection (a) shall be responsible for
development of workforce training and technical assistance pro-
grams through statewide and regional partnerships that provide
for—
(1) communication of national, State, and local safety
information to pipeline operators;
(2) distribution of technical resources and training to sup-
port current and future Federal mandates; and
(3) evaluation of program outcomes.
(c) TRAINING AND EDUCATIONAL MATERIALS.—The collaborative
program established under subsection (a) may include courses in
recent developments, techniques, and procedures related to—
(1) safety and security of pipeline systems;
(2) incident and risk management for such systems;
(3) integrity management for such systems;
(4) consequence modeling for such systems;
(5) detection of encroachments and monitoring of rights-
of-way for such systems; and
(6) vulnerability assessment of such systems at both project
and national levels.
(d) REPORTS.—
(1) UNIVERSITY.—Not later than March 31, 2009, the
universities awarded grants under subsection (a) shall submit
to the Secretary a report on the results of the collaborative
program.
(2) SECRETARY.—Not later than October 1, 2009, the Sec-
retary shall transmit the reports submitted to the Secretary
under paragraph (1), along with any findings, recommenda-
tions, or legislative options for Congress to consider, to the
Committees on Transportation and Infrastructure and Energy
and Commerce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
this section for each of fiscal years 2007 through 2010.
SEC. 25. NATURAL GAS PIPELINES.
The Secretary of Transportation shall review and comment
on the Comptroller General report issued under section 14(d)(1)
of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60109
note; 116 Stat. 3005), and not later than 60 days after the date
of enactment of this Act, transmit to Congress any legislative rec-
ommendations the Secretary considers necessary and appropriate
to implement the conclusions of that report.
Deadline.
Recommen-
dations.
49 USC 60101
note.
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LEGISLATIVE HISTORY—H.R. 5782:
HOUSE REPORTS: No. 109–717, Pt. 1 (Comm. on Transportation and Infrastruc-
ture) and Pt. 2 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 6, considered and passed House.
Dec. 7, considered and passed Senate.
SEC. 26. CORROSION TECHNOLOGY.
Section 12 of the Pipeline Safety Improvement Act of 2002
(49 U.S.C. 60101 note; Public Law 107–355) is amended—
(1) in subsection (c)(2) by striking ‘‘corrosion,’’;
(2) in subsection (c)—
(A) by striking ‘‘and’’ at the end of paragraph (9);
(B) by redesignating paragraph (10) as paragraph (11);
(C) by inserting after paragraph (9) the following:
‘‘(10) corrosion detection and improving methods, best prac-
tices, and technologies for identifying, detecting, preventing,
and managing internal and external corrosion and other safety
risks; and’’; and
(D) by adding at the end the following:
‘‘The results of activities carried out under paragraph (10) shall
be used by the participating agencies to support development and
improvement of national consensus standards.’’; and
(3) by striking subsection (f) and redesignating subsections
(g) and (h) as subsections (f) and (g), respectively.
Approved December 29, 2006.
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