Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
PL 112-90 (H.R.2845), enacted 01/03/2012

125 STAT. 1904 
PUBLIC LAW 112–90—JAN. 3, 2012 
Public Law 112–90 
112th 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; DEFINITIONS; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Pipeline Safety, 
Regulatory Certainty, and Job Creation Act of 2011’’. 
(b) AMENDMENT OF TITLE 49, UNITED STATES CODE.—Except 
as otherwise expressly provided, whenever in this Act an 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) DEFINITIONS.— 
(1) APPLICABILITY OF CHAPTER 601 DEFINITIONS.—In this 
Act, any term defined in chapter 601 of title 49, United States 
Code, has the meaning given that term in that chapter. 
(2) HIGH-CONSEQUENCE AREA.—In this Act, the term ‘‘high- 
consequence area’’ means an area described in section 60109(a) 
of title 49, United States Code. 
(d) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; amendment of title 49, United States Code; definitions; table of 
contents. 
Sec. 2. Civil penalties. 
Sec. 3. Pipeline damage prevention. 
Sec. 4. Automatic and remote-controlled shut-off valves. 
Sec. 5. Integrity management. 
Sec. 6. Public education and awareness. 
Sec. 7. Cast iron gas pipelines. 
Sec. 8. Leak detection. 
Sec. 9. Accident and incident notification. 
Sec. 10. Transportation-related onshore facility response plan compliance. 
Sec. 11. Pipeline infrastructure data collection. 
Sec. 12. Transportation-related oil flow lines. 
Sec. 13. Cost recovery for design reviews. 
Sec. 14. Biofuel pipelines. 
Sec. 15. Carbon dioxide pipelines. 
Sec. 16. Study of transportation of diluted bitumen. 
Sec. 17. Study of nonpetroleum hazardous liquids transported by pipeline. 
Sec. 18. Clarifications. 
Sec. 19. Maintenance of effort. 
Sec. 20. Administrative enforcement process. 
Sec. 21. Gas and hazardous liquid gathering lines. 
49 USC 60101 
note. 
49 USC 60101 
note. 
Pipeline Safety, 
Regulatory 
Certainty, and 
Job Creation Act 
of 2011. 
Jan. 3, 2012 
[H.R. 2845] 
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125 STAT. 1905 
PUBLIC LAW 112–90—JAN. 3, 2012 
Sec. 22. Excess flow valves. 
Sec. 23. Maximum allowable operating pressure. 
Sec. 24. Limitation on incorporation of documents by reference. 
Sec. 25. Pipeline safety training for State and local government personnel. 
Sec. 26. Report on minority-owned, woman-owned, and disadvantaged businesses. 
Sec. 27. Report on pipeline projects. 
Sec. 28. Cover over buried pipelines. 
Sec. 29. Seismicity. 
Sec. 30. Tribal consultation for pipeline projects. 
Sec. 31. Pipeline inspection and enforcement needs. 
Sec. 32. Authorization of appropriations. 
SEC. 2. CIVIL PENALTIES. 
(a) GENERAL PENALTIES; PENALTY CONSIDERATIONS.—Section 
60122 is amended— 
(1) in subsection (a)(1)— 
(A) in the first sentence by striking ‘‘$100,000’’ and 
inserting ‘‘$200,000’’; and 
(B) in the last sentence by striking ‘‘$1,000,000’’ and 
inserting ‘‘$2,000,000’’; and 
(2) in subsection (b)(1)(B) by striking ‘‘the ability to pay,’’. 
(b) 
OPERATOR
ASSISTANCE
IN
INVESTIGATIONS.—Section 
60118(e) is amended to read as follows: 
‘‘(e) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 
‘‘(1) ASSISTANCE
AND
ACCESS.—If the Secretary or the 
National Transportation Safety Board investigates an accident 
or incident involving a pipeline facility, the operator of the 
facility shall— 
‘‘(A) make available to the Secretary or the Board 
all records and information that in any way pertain to 
the accident or incident, including integrity management 
plans and test results; and 
‘‘(B) afford all reasonable assistance in the investiga-
tion of the accident or incident. 
‘‘(2) OPERATOR ASSISTANCE IN INVESTIGATIONS.— 
‘‘(A) IN GENERAL.—The Secretary may impose a civil 
penalty under section 60122 on a person who obstructs 
or prevents the Secretary from carrying out inspections 
or investigations under this chapter. 
‘‘(B) OBSTRUCTS DEFINED.— 
‘‘(i) IN
GENERAL.—In this paragraph, the term 
‘obstructs’ includes actions that were known, or reason-
ably should have been known, to prevent, hinder, or 
impede an investigation without good cause. 
‘‘(ii) GOOD CAUSE.—In clause (i), the term ‘good 
cause’ may include actions such as restricting access 
to facilities that are not secure or safe for nonpipeline 
personnel or visitors.’’. 
(c) ADMINISTRATIVE
PENALTY
CAPS
INAPPLICABLE.—Section 
60120(a)(1) is amended by adding at the end the following: ‘‘The 
maximum amount of civil penalties for administrative enforcement 
actions under section 60122 shall not apply to enforcement actions 
under this section.’’. 
(d) JUDICIAL
REVIEW
OF
ADMINISTRATIVE
ENFORCEMENT 
ORDERS.—Section 60119(a) is amended— 
(1) in the subsection heading by striking ‘‘AND WAIVER 
ORDERS’’ and inserting ‘‘, ORDERS, AND OTHER FINAL AGENCY 
ACTIONS’’; and 
Records. 
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125 STAT. 1906 
PUBLIC LAW 112–90—JAN. 3, 2012 
(2) by striking ‘‘about an application for a waiver under 
section 60118(c) or (d) of this title’’ and inserting ‘‘under this 
chapter’’. 
SEC. 3. PIPELINE DAMAGE PREVENTION. 
(a) MINIMUM STANDARDS FOR STATE ONE-CALL NOTIFICATION 
PROGRAMS.—Section 6103(a) is amended to read as follows: 
‘‘(a) MINIMUM STANDARDS.— 
‘‘(1) IN GENERAL.—In order to qualify for a grant under 
section 6106, a State one-call notification program, at a min-
imum, shall provide for— 
‘‘(A) appropriate participation by all underground 
facility operators, including all government operators; 
‘‘(B) appropriate participation by all excavators, 
including all government and contract excavators; and 
‘‘(C) flexible and effective enforcement under State law 
with respect to participation in, and use of, one-call notifica-
tion systems. 
‘‘(2) EXEMPTIONS PROHIBITED.—In order to qualify for a 
grant under section 6106, a State one-call notification program 
may not exempt municipalities, State agencies, or their contrac-
tors from the one-call notification system requirements of the 
program.’’. 
(b) STATE DAMAGE PREVENTION PROGRAMS.—Section 60134(a) 
is amended— 
(1) in paragraph (1) by striking ‘‘and’’ after the semicolon; 
(2) in paragraph (2)(B) by striking ‘‘(b).’’ and inserting 
‘‘(b); and’’; and 
(3) by adding at the end the following: 
‘‘(3) does not provide any exemptions to municipalities, 
State agencies, or their contractors from the one-call notification 
system requirements of the program.’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect 2 years after the date of enactment of this Act. 
(d) EXCAVATION DAMAGE.— 
(1) STUDY.—The Secretary of Transportation shall conduct 
a study on the impact of excavation damage on pipeline safety. 
(2) CONTENTS.—The study shall include— 
(A) an analysis of the frequency and severity of dif-
ferent types of excavation damage incidents; 
(B) an analysis of exemptions to the one-call notifica-
tion system requirements in each State; 
(C) a comparison of exemptions to the one-call notifica-
tion system requirements in each State to the types of 
excavation damage incidents in that State; and 
(D) an analysis of the potential safety benefits and 
adverse consequences of eliminating all exemptions for 
mechanized excavation from State one-call notification sys-
tems. 
(3) REPORT.—Not later than 2 years after the date of enact-
ment of this Act, the Secretary shall submit to the Committee 
on Transportation and Infrastructure and the Committee on 
Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of 
the Senate a report on the results of the study. 
SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES. 
Section 60102 is amended— 
49 USC 6103 
note. 
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125 STAT. 1907 
PUBLIC LAW 112–90—JAN. 3, 2012 
(1) by striking subsection (j)(3); and 
(2) by adding at the end the following: 
‘‘(n) AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES 
FOR NEW TRANSMISSION PIPELINES.— 
‘‘(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this subsection, and after considering the fac-
tors specified in subsection (b)(2), the Secretary, if appropriate, 
shall require by regulation the use of automatic or remote- 
controlled shut-off valves, or equivalent technology, where 
economically, technically, and operationally feasible on trans-
mission pipeline facilities constructed or entirely replaced after 
the date on which the Secretary issues the final rule containing 
such requirement. 
‘‘(2) HIGH-CONSEQUENCE AREA STUDY.— 
‘‘(A) STUDY.—The Comptroller General of the United 
States shall conduct a study on the ability of transmission 
pipeline facility operators to respond to a hazardous liquid 
or gas release from a pipeline segment located in a high- 
consequence area. 
‘‘(B) CONSIDERATIONS.—In conducting the study, the 
Comptroller General shall consider the swiftness of leak 
detection and pipeline shutdown capabilities, the location 
of the nearest response personnel, and the costs, risks, 
and benefits of installing automatic and remote-controlled 
shut-off valves. 
‘‘(C) REPORT.—Not later than 1 year after the date 
of enactment of this subsection, the Comptroller General 
shall submit to the Committee on Transportation and Infra-
structure and the Committee on Energy and Commerce 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a 
report on the results of the study.’’. 
SEC. 5. INTEGRITY MANAGEMENT. 
(a) EVALUATION.—Not later than 18 months after the date 
of enactment of this Act, the Secretary of Transportation shall 
evaluate— 
(1) whether integrity management system requirements, 
or elements thereof, should be expanded beyond high-con-
sequence areas; and 
(2) with respect to gas transmission pipeline facilities, 
whether applying integrity management program requirements, 
or elements thereof, to additional areas would mitigate the 
need for class location requirements. 
(b) FACTORS.—In conducting the evaluation under subsection 
(a), the Secretary shall consider, at a minimum, the following: 
(1) The continuing priority to enhance protections for public 
safety. 
(2) The continuing importance of reducing risk in high- 
consequence areas. 
(3) The incremental costs of applying integrity management 
standards to pipelines outside of high-consequence areas where 
operators are already conducting assessments beyond what is 
required under chapter 601 of title 49, United States Code. 
(4) The need to undertake integrity management assess-
ments and repairs in a manner that is achievable and sustain-
able, and that does not disrupt pipeline service. 
Deadline. 
49 USC 60109 
note. 
Deadline. 
Regulations. 
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125 STAT. 1908 
PUBLIC LAW 112–90—JAN. 3, 2012 
(5) The options for phasing in the extension of integrity 
management requirements beyond high-consequence areas, 
including the most effective and efficient options for decreasing 
risks to an increasing number of people living or working 
in proximity to pipeline facilities. 
(6) The appropriateness of applying repair criteria, such 
as pressure reductions and special requirements for scheduling 
remediation, to areas that are not high-consequence areas. 
(c) REPORT.—Not later than 2 years after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure and the Committee on Energy 
and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report, 
based on the evaluation conducted under subsection (a), containing 
the Secretary’s analysis and findings regarding— 
(1) expansion of integrity management requirements, or 
elements thereof, beyond high-consequence areas; and 
(2) with respect to gas transmission pipeline facilities, 
whether applying the integrity management program require-
ments, or elements thereof, to additional areas would mitigate 
the need for class location requirements. 
(d) DATA REPORTING.—The Secretary shall collect any relevant 
data necessary to complete the evaluation required by subsection 
(a). 
(e) TECHNICAL CORRECTION.—Section 60109(c)(3)(B) is amended 
to read as follows: 
‘‘(B) Subject to paragraph (5), periodic reassessments 
of the facility, at a minimum of once every 7 calendar 
years, using methods described in subparagraph (A). The 
Secretary may extend such deadline for an additional 6 
months if the operator submits written notice to the Sec-
retary with sufficient justification of the need for the exten-
sion.’’. 
(f) RULEMAKING REQUIREMENTS.— 
(1) REVIEW PERIOD DEFINED.—In this subsection, the term 
‘‘review period’’ means the period beginning on the date of 
enactment of this Act and ending on the earlier of— 
(A) the date that is 1 year after the date of completion 
of the report under subsection (c); or 
(B) the date that is 3 years after the date of enactment 
of this Act. 
(2) CONGRESSIONAL AUTHORITY.—In order to provide Con-
gress the necessary time to review the results of the report 
required by subsection (c) and implement appropriate rec-
ommendations, the Secretary shall not, during the review 
period, issue final regulations described in paragraph (3)(B). 
(3) STANDARDS.— 
(A) FINDINGS.—As soon as practicable following the 
review period, the Secretary shall issue final regulations 
described in subparagraph (B), if the Secretary finds, in 
the report required under subsection (c), that— 
(i) integrity management system requirements, or 
elements thereof, should be expanded beyond high- 
consequence areas; and 
Notification. 
Deadline. 
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125 STAT. 1909 
PUBLIC LAW 112–90—JAN. 3, 2012 
(ii) with respect to gas transmission pipeline facili-
ties, applying integrity management program require-
ments, or elements thereof, to additional areas would 
mitigate the need for class location requirements. 
(B) REGULATIONS.—Regulations issued by the Sec-
retary under subparagraph (A), if any, shall— 
(i) expand integrity management system require-
ments, or elements thereof, beyond high-consequence 
areas; and 
(ii) remove redundant class location requirements 
for gas transmission pipeline facilities that are regu-
lated under an integrity management program adopted 
and implemented under section 60109(c)(2) of title 49, 
United States Code. 
(4) SAVINGS CLAUSE.— 
(A) IN GENERAL.—Notwithstanding any other provision 
of this subsection, the Secretary, during the review period, 
may issue final regulations described in paragraph (3)(B), 
if the Secretary determines that a condition that poses 
a risk to public safety, property, or the environment is 
present or an imminent hazard exists and that the regula-
tions will address the risk or hazard. 
(B) IMMINENT HAZARD DEFINED.—In subparagraph (A), 
the term ‘‘imminent hazard’’ means the existence of a condi-
tion related to pipelines or pipeline operations that presents 
a substantial likelihood that death, serious illness, severe 
personal injury, or substantial endangerment to health, 
property, or the environment may occur. 
(g) REPORT TO CONGRESS ON RISK-BASED PIPELINE REASSESS-
MENT INTERVALS.—Not later than 2 years after the date of enact-
ment of this Act, the Comptroller General of the United States 
shall evaluate— 
(1) whether risk-based reassessment intervals are a more 
effective alternative for managing risks to pipelines in high- 
consequence areas once baseline assessments are complete 
when compared to the reassessment interval specified in section 
60109(c)(3)(B) of title 49, United States Code; 
(2) the number of anomalies found in baseline assessments 
required under section 60109(c)(3)(A) of title 49, United States 
Code, as compared to the number of anomalies found in 
reassessments required under section 60109(c)(3)(B) of such 
title; and 
(3) the progress made in implementing the recommenda-
tions in GAO Report 06–945 and the current relevance of 
those recommendations that have not been implemented. 
SEC. 6. PUBLIC EDUCATION AND AWARENESS. 
(a) NATIONAL PIPELINE MAPPING SYSTEM.—Section 60132 is 
amended by adding at the end the following: 
‘‘(d) MAP OF HIGH-CONSEQUENCE AREAS.—The Secretary shall— 
‘‘(1) maintain, as part of the National Pipeline Mapping 
System, a map of designated high-consequence areas (as 
described in section 60109(a)) in which pipelines are required 
to meet integrity management program regulations, excluding 
any proprietary or sensitive security information; and 
‘‘(2) update the map biennially. 
Determination. 
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125 STAT. 1910 
PUBLIC LAW 112–90—JAN. 3, 2012 
‘‘(e) PROGRAM TO PROMOTE AWARENESS OF NATIONAL PIPELINE 
MAPPING SYSTEM.—Not later than 1 year after the date of enact-
ment of this subsection, the Secretary shall develop and implement 
a program promoting greater awareness of the existence of the 
National Pipeline Mapping System to State and local emergency 
responders and other interested parties. The program shall include 
guidance on how to use the National Pipeline Mapping System 
to locate pipelines in communities and local jurisdictions.’’. 
(b) INFORMATION TO EMERGENCY RESPONSE AGENCIES.— 
(1) GUIDANCE.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall issue guidance 
to owners and operators of pipeline facilities on the importance 
of providing system-specific information about their pipeline 
facilities to emergency response agencies of the communities 
and jurisdictions in which those facilities are located. 
(2) CONSULTATION.—Before issuing guidance under para-
graph (1), the Secretary shall consult with owners and operators 
of pipeline facilities to determine the extent to which the owners 
and operators are already providing system-specific information 
about their pipeline facilities to emergency response agencies. 
(c) RESPONSE PLANS.— 
(1) IN GENERAL.—Chapter 601 is amended by adding at 
the end the following: 
‘‘§ 60138. Response plans 
‘‘(a) IN GENERAL.—The Secretary of Transportation shall— 
‘‘(1) maintain on file a copy of the most recent response 
plan (as defined in part 194 of title 49, Code of Federal Regula-
tions) prepared by an owner or operator of a pipeline facility; 
and 
‘‘(2) provide upon written request to a person a copy of 
the plan, which may exclude, as the Secretary determines 
appropriate— 
‘‘(A) proprietary information; 
‘‘(B) security-sensitive information, including informa-
tion described in section 1520.5(a) of title 49, Code of 
Federal Regulations; 
‘‘(C) specific response resources and tactical resource 
deployment plans; and 
‘‘(D) the specific amount and location of worst case 
discharges (as defined in part 194 of title 49, Code of 
Federal Regulations), including the process by which an 
owner or operator determines the worst case discharge. 
‘‘(b) RELATIONSHIP TO FOIA.—Nothing in this section may be 
construed to require disclosure of information or records that are 
exempt from disclosure under section 552 of title 5.’’. 
(2) CLERICAL AMENDMENT.—The analysis for chapter 601 
is amended by inserting after the item relating to section 60137 
the following: 
‘‘60138. Response plans.’’. 
SEC. 7. CAST IRON GAS PIPELINES. 
(a) FOLLOW-UP SURVEYS.—Section 60108(d) is amended by 
adding at the end the following: 
‘‘(4) Not later than December 31, 2012, and every 2 years 
thereafter, the Secretary shall conduct a follow-up survey to 
measure the progress that owners and operators of pipeline facilities 
Deadlines. 
Records. 
49 USC 60138. 
Deadline. 
49 USC 60132 
note. 
Guidance. 
Deadline. 
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125 STAT. 1911 
PUBLIC LAW 112–90—JAN. 3, 2012 
have made in adopting and implementing their plans for the safe 
management and replacement of cast iron gas pipelines.’’. 
(b) STATUS REPORT.—Not later than December 31, 2013, the 
Secretary of Transportation shall transmit to the Committee on 
Transportation and Infrastructure and the Committee on Energy 
and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report 
that— 
(1) identifies the total mileage of cast iron gas pipelines 
in the United States; and 
(2) evaluates the progress that owners and operators of 
pipeline facilities have made in implementing their plans for 
the safe management and replacement of cast iron gas pipe-
lines. 
SEC. 8. LEAK DETECTION. 
(a) LEAK DETECTION REPORT.— 
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation shall 
submit to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation 
and Infrastructure and the Committee on Energy and Com-
merce of the House of Representatives a report on leak detection 
systems utilized by operators of hazardous liquid pipeline facili-
ties and transportation-related flow lines. 
(2) CONTENTS.—The report shall include— 
(A) an analysis of the technical limitations of current 
leak detection systems, including the ability of the systems 
to detect ruptures and small leaks that are ongoing or 
intermittent, and what can be done to foster development 
of better technologies; and 
(B) an analysis of the practicability of establishing 
technically, operationally, and economically feasible stand-
ards for the capability of such systems to detect leaks, 
and the safety benefits and adverse consequences of 
requiring operators to use leak detection systems. 
(b) RULEMAKING REQUIREMENTS.— 
(1) REVIEW PERIOD DEFINED.—In this subsection, the term 
‘‘review period’’ means the period beginning on the date of 
enactment of this Act and ending on the earlier of— 
(A) the date that is 1 year after the date of completion 
of the report under subsection (a); or 
(B) the date that is 2 years after the date of enactment 
of this Act. 
(2) CONGRESSIONAL AUTHORITY.—In order to provide Con-
gress the necessary time to review the results of the report 
required by subsection (a) and implement appropriate rec-
ommendations, the Secretary, during the review period, shall 
not issue final regulations described in paragraph (3). 
(3) STANDARDS.—As soon as practicable following the 
review period, if the report required by subsection (a) finds 
that it is practicable to establish technically, operationally, 
and economically feasible standards for the capability of leak 
detection systems to detect leaks, the Secretary shall issue 
final regulations that— 
(A) require operators of hazardous liquid pipeline facili-
ties to use leak detection systems where practicable; and 
49 USC 60108 
note. 
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125 STAT. 1912 
PUBLIC LAW 112–90—JAN. 3, 2012 
(B) establish technically, operationally, and economi-
cally feasible standards for the capability of such systems 
to detect leaks. 
(4) SAVINGS CLAUSE.— 
(A) IN GENERAL.—Notwithstanding any other provision 
of this subsection, the Secretary, during the review period, 
may issue final regulations described in paragraph (3) if 
the Secretary determines that a condition that poses a 
risk to public safety, property, or the environment is 
present or an imminent hazard exists and that the regula-
tions will address the risk or hazard. 
(B) IMMINENT HAZARD DEFINED.—In subparagraph (A), 
the term ‘‘imminent hazard’’ means the existence of a condi-
tion related to pipelines or pipeline operations that presents 
a substantial likelihood that death, serious illness, severe 
personal injury, or substantial endangerment to health, 
property, or the environment may occur. 
SEC. 9. ACCIDENT AND INCIDENT NOTIFICATION. 
(a) REVISION OF REGULATIONS.—Not later than 18 months after 
the date of enactment of this Act, the Secretary of Transportation 
shall revise regulations issued under sections 191.5 and 195.52 
of title 49, Code of Federal Regulations, to establish specific time 
limits for telephonic or electronic notice of accidents and incidents 
involving pipeline facilities to the Secretary and the National 
Response Center. 
(b) MINIMUM REQUIREMENTS.—In revising the regulations, the 
Secretary, at a minimum, shall— 
(1) establish time limits for telephonic or electronic notifica-
tion of an accident or incident to require such notification 
at the earliest practicable moment following confirmed dis-
covery of an accident or incident and not later than 1 hour 
following the time of such confirmed discovery; 
(2) review procedures for owners and operators of pipeline 
facilities and the National Response Center to provide thorough 
and coordinated notification to all relevant State and local 
emergency response officials, including 911 emergency call cen-
ters, for the jurisdictions in which those pipeline facilities are 
located in the event of an accident or incident, and revise 
such procedures as appropriate; and 
(3) require such owners and operators to revise their initial 
telephonic or electronic notice to the Secretary and the National 
Response Center with an estimate of the amount of the product 
released, an estimate of the number of fatalities and injuries, 
if any, and any other information determined appropriate by 
the Secretary within 48 hours of the accident or incident, to 
the extent practicable. 
(c) UPDATING OF REPORTS.—After receiving revisions described 
in subsection (b)(3), the National Response Center shall update 
the initial report on an accident or incident instead of generating 
a new report. 
SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE 
PLAN COMPLIANCE. 
(a) IN
GENERAL.—Subparagraphs (A) and (B) of section 
311(m)(2) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(m)(2)) are each amended by striking ‘‘Administrator or’’ and 
inserting ‘‘Administrator, the Secretary of Transportation, or’’. 
49 USC 60117 
note. 
Determination. 
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125 STAT. 1913 
PUBLIC LAW 112–90—JAN. 3, 2012 
(b) CONFORMING AMENDMENT.—Section 311(b)(6)(A) of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is 
amended by striking ‘‘operating or’’ and inserting ‘‘operating, the 
Secretary of Transportation, or’’. 
SEC. 11. PIPELINE INFRASTRUCTURE DATA COLLECTION. 
(a) IN GENERAL.—Section 60132(a) is amended by adding at 
the end the following: 
‘‘(4) Any other geospatial or technical data, including design 
and material specifications, that the Secretary determines are 
necessary to carry out the purposes of this section. The Sec-
retary shall give reasonable notice to operators that the data 
are being requested.’’. 
(b) DISCLOSURE LIMITED
TO FOIA REQUIREMENTS.—Section 
60132, as amended by this Act, is further amended by adding 
at the end the following: 
‘‘(f) PUBLIC DISCLOSURE LIMITED.—The Secretary may not dis-
close information collected pursuant to subsection (a) except to 
the extent permitted by section 552 of title 5.’’. 
SEC. 12. TRANSPORTATION-RELATED OIL FLOW LINES. 
Section 60102, as amended by this Act, is further amended 
by adding at the end the following: 
‘‘(o) TRANSPORTATION-RELATED OIL FLOW LINES.— 
‘‘(1) 
DATA
COLLECTION.—The 
Secretary 
may 
collect 
geospatial or technical data on transportation-related oil flow 
lines, including unregulated transportation-related oil flow 
lines. 
‘‘(2) TRANSPORTATION-RELATED OIL FLOW LINE DEFINED.— 
In this subsection, the term ‘transportation-related oil flow 
line’ means a pipeline transporting oil off of the grounds of 
the well where it originated and across areas not owned by 
the producer, regardless of the extent to which the oil has 
been processed, if at all. 
‘‘(3) LIMITATION.—Nothing in this subsection authorizes the 
Secretary to prescribe standards for the movement of oil 
through production, refining, or manufacturing facilities or 
through oil production flow lines located on the grounds of 
wells.’’. 
SEC. 13. COST RECOVERY FOR DESIGN REVIEWS. 
(a) IN GENERAL.—Section 60117(n) is amended to read as fol-
lows: 
‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW
COSTS.—For any project described in 
subparagraph (B), if the Secretary conducts facility design 
safety reviews in connection with a proposal to construct, 
expand, or operate a gas or hazardous liquid pipeline 
facility or liquefied natural gas pipeline facility, including 
construction inspections and oversight, the Secretary may 
require the person proposing the project to pay the costs 
incurred by the Secretary relating to such reviews. If the 
Secretary exercises the cost recovery authority described 
in this paragraph, the Secretary shall prescribe a fee struc-
ture and assessment methodology that is based on the 
costs of providing these reviews and shall prescribe proce-
dures to collect fees under this paragraph. The Secretary 
Fees. 
Assessment. 
Procedures. 
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125 STAT. 1914 
PUBLIC LAW 112–90—JAN. 3, 2012 
may not collect design safety review fees under this para-
graph and section 60301 for the same design safety review. 
‘‘(B) PROJECTS TO WHICH APPLICABLE.—Subparagraph 
(A) applies to any project that— 
‘‘(i) has design and construction costs totaling at 
least $2,500,000,000, as periodically adjusted by the 
Secretary to take into account increases in the Con-
sumer Price Index for all-urban consumers published 
by the Department of Labor, based on— 
‘‘(I) the cost estimate provided to the Federal 
Energy Regulatory Commission in an application 
for a certificate of public convenience and necessity 
for a gas pipeline facility or an application for 
authorization for a liquefied natural gas pipeline 
facility; or 
‘‘(II) a good faith estimate developed by the 
person proposing a hazardous liquid pipeline 
facility and submitted to the Secretary; or 
‘‘(ii) uses new or novel technologies or design, as 
determined by the Secretary. 
‘‘(2) NOTIFICATION.—For any new pipeline facility construc-
tion project in which the Secretary will conduct design reviews, 
the person proposing the project shall notify the Secretary 
and provide the design specifications, construction plans and 
procedures, and related materials at least 120 days prior to 
the commencement of construction. To the maximum extent 
practicable, not later than 90 days after receiving such design 
specifications, construction plans and procedures, and related 
materials, the Secretary shall provide written comments, feed-
back, and guidance on the project. 
‘‘(3) PIPELINE SAFETY DESIGN REVIEW FUND.— 
‘‘(A) ESTABLISHMENT.—There is established a Pipeline 
Safety Design Review Fund in the Treasury of the United 
States. 
‘‘(B) DEPOSITS.—The Secretary shall deposit funds paid 
under this subsection into the Fund. 
‘‘(C) USE.—Amounts in the Fund shall be available 
to the Secretary, in amounts specified in appropriations 
Acts, to offset the costs of conducting facility design safety 
reviews under this subsection. 
‘‘(4) NO ADDITIONAL PERMITTING AUTHORITY.—Nothing in 
this subsection may be construed as authorizing the Secretary 
to require a person to obtain a permit before beginning design 
and construction in connection with a project described in para-
graph (1)(B).’’. 
(b) GUIDANCE.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation shall issue guid-
ance to clarify the meaning of the term ‘‘new or novel technologies 
or design’’ as used in section 60117(n)(1)(B)(ii) of title 49, United 
States Code, as amended by subsection (a) of this section. 
SEC. 14. BIOFUEL PIPELINES. 
Section 60101(a)(4) is amended— 
(1) in subparagraph (A) by striking ‘‘and’’ after the semi-
colon; 
(2) by redesignating subparagraph (B) as subparagraph 
(C); and 
Deadline. 
49 USC 60117 
note. 
Guidance. 
Deadlines. 
Plans. 
Procedures. 
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125 STAT. 1915 
PUBLIC LAW 112–90—JAN. 3, 2012 
(3) by inserting after subparagraph (A) the following: 
‘‘(B) nonpetroleum fuel, including biofuel, that is flam-
mable, toxic, or corrosive or would be harmful to the 
environment if released in significant quantities; and’’. 
SEC. 15. CARBON DIOXIDE PIPELINES. 
Section 60102(i) is amended— 
(1) by striking ‘‘The Secretary shall regulate’’ and inserting 
the following: 
‘‘(1) TRANSPORTATION IN LIQUID STATE.—The Secretary shall 
regulate’’. 
(2) by adding at the end the following new paragraph: 
‘‘(2) TRANSPORTATION IN GASEOUS STATE.— 
‘‘(A) MINIMUM SAFETY STANDARDS.—The Secretary shall 
prescribe minimum safety standards for the transportation 
of carbon dioxide by pipeline in a gaseous state. 
‘‘(B) CONSIDERATIONS.—In establishing the standards, 
the Secretary shall consider whether applying the min-
imum safety standards in part 195 of title 49, Code of 
Federal Regulations, as in effect on the date of enactment 
of this paragraph, for the transportation of carbon dioxide 
in a liquid state to the transportation of carbon dioxide 
in a gaseous state would ensure safety. 
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUCTION.—Nothing 
in this subsection authorizes the Secretary to regulate piping 
or equipment used in the production, extraction, recovery, 
lifting, stabilization, separation, or treatment of carbon dioxide 
or the preparation of carbon dioxide for transportation by pipe-
line at production, refining, or manufacturing facilities.’’. 
SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITUMEN. 
Not later than 18 months after the date of enactment of this 
Act, the Secretary of Transportation shall complete a comprehensive 
review of hazardous liquid pipeline facility regulations to determine 
whether the regulations are sufficient to regulate pipeline facilities 
used for the transportation of diluted bitumen. In conducting the 
review, the Secretary shall conduct an analysis of whether any 
increase in the risk of a release exists for pipeline facilities trans-
porting diluted bitumen. The Secretary shall report the results 
of the review to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation 
and Infrastructure and the Committee on Energy and Commerce 
of the House of Representatives. 
SEC. 17. STUDY OF NONPETROLEUM HAZARDOUS LIQUIDS TRANS-
PORTED BY PIPELINE. 
The Secretary of Transportation may conduct an analysis of 
the transportation of nonpetroleum hazardous liquids by pipeline 
facility for the purpose of identifying the extent to which pipeline 
facilities are currently being used to transport nonpetroleum haz-
ardous liquids, such as chlorine, from chemical production facilities 
across land areas not owned by the producer that are accessible 
to the public. The analysis should identify the extent to which 
the safety of the pipeline facilities is unregulated by the States 
and evaluate whether the transportation of such chemicals by pipe-
line facility across areas accessible to the public would present 
significant risks to public safety, property, or the environment in 
the absence of regulation. The results of the analysis shall be 
Reports. 
Deadline. 
Review. 
Determination. 
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125 STAT. 1916 
PUBLIC LAW 112–90—JAN. 3, 2012 
made available to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation 
and Infrastructure and the Committee on Energy and Commerce 
of the House of Representatives. 
SEC. 18. CLARIFICATIONS. 
(a) INSPECTION
AND
MAINTENANCE.—Section 60108(a)(1) is 
amended by striking ‘‘an intrastate’’ and inserting ‘‘a’’. 
(b) OWNER AND OPERATOR.—Section 60102(a)(2)(A) is amended 
by striking ‘‘owners and operators’’ and inserting ‘‘any or all of 
the owners or operators’’. 
SEC. 19. MAINTENANCE OF EFFORT. 
Section 60107(b) is amended by adding at the end the following: 
‘‘For each of fiscal years 2012 and 2013, the Secretary shall grant 
such a waiver to a State if the State can demonstrate an inability 
to maintain or increase the required funding share of its safety 
program at or above the level required by this subsection due 
to economic hardship in that State. For fiscal year 2014, and each 
fiscal year thereafter, the Secretary may grant such a waiver to 
a State if the State can make the demonstration described in 
the preceding sentence.’’. 
SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS. 
(a) ISSUANCE OF REGULATIONS.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Secretary of Transportation shall 
issue regulations— 
(A) requiring hearings under sections 60112, 60117, 
60118, and 60122 of title 49, United States Code, to be 
convened before a presiding official; 
(B) providing the opportunity for any person requesting 
a hearing under section 60112, 60117, 60118, or 60122 
of such title to arrange for a transcript of the hearing, 
at the expense of the requesting person; 
(C) ensuring expedited review of any order issued 
pursuant to section 60112(e) of such title; 
(D) implementing a separation of functions between 
personnel involved with the investigation and prosecution 
of an enforcement case and advising the Secretary on 
findings and determinations; and 
(E) prohibiting ex-parte communication relevant to the 
question to be decided in such a case by parties to an 
investigation or hearing. 
(2) PRESIDING OFFICIAL.—The regulations issued under this 
subsection shall— 
(A) define the term ‘‘presiding official’’ to mean the 
person who conducts any hearing relating to civil penalty 
assessments, compliance orders, safety orders, or corrective 
action orders; and 
(B) require that the presiding official be an attorney 
on the staff of the Deputy Chief Counsel of the Pipeline 
and Hazardous Materials Safety Administration that is 
not engaged in investigative or prosecutorial functions, 
including the preparation of notices of probable violations, 
notices relating to civil penalty assessments, notices 
relating to compliance, or notices of proposed corrective 
actions. 
Definition. 
Deadline. 
49 USC 60117 
note. 
Waiver authority. 
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125 STAT. 1917 
PUBLIC LAW 112–90—JAN. 3, 2012 
(3) EXPEDITED REVIEW.—The regulations issued under this 
subsection shall define the term ‘‘expedited review’’ for the 
purposes of paragraph (1)(C). 
(b) STANDARDS
OF
JUDICIAL
REVIEW.—Section 60119(a) is 
amended by adding at the end the following new paragraph: 
‘‘(3) A judicial review of agency action under this section shall 
apply the standards of review established in section 706 of title 
5.’’. 
SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES. 
(a) REVIEW.—The Secretary of Transportation shall conduct 
a review of existing Federal and State regulations for gas and 
hazardous liquid gathering lines located onshore and offshore in 
the United States, including within the inlets of the Gulf of Mexico. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit to the 
Committee on Transportation and Infrastructure and the Com-
mittee on Energy and Commerce of the House of Representa-
tives and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the review. 
(2) RECOMMENDATIONS.—The report shall include the Sec-
retary’s recommendations with respect to— 
(A) the sufficiency of existing Federal and State laws 
and regulations to ensure the safety of gas and hazardous 
liquid gathering lines; 
(B) the economic impacts, technical practicability, and 
challenges of applying existing Federal regulations to gath-
ering lines that are not currently subject to Federal regula-
tion when compared to the public safety benefits; and 
(C) subject to a risk-based assessment, the need to 
modify or revoke existing exemptions from Federal regula-
tion for gas and hazardous liquid gathering lines. 
(c) OFFSHORE GATHERING LINES.—Section 60108(c) is amended 
by adding at the end the following: 
‘‘(8) If, after reviewing existing Federal and State regulations 
for hazardous liquid gathering lines located offshore in the United 
States, including within the inlets of the Gulf of Mexico, the Sec-
retary determines it is appropriate, the Secretary shall issue regula-
tions, after notice and an opportunity for a hearing, subjecting 
offshore hazardous liquid gathering lines and hazardous liquid gath-
ering lines located within the inlets of the Gulf of Mexico to the 
same standards and regulations as other hazardous liquid gathering 
lines. The regulations issued under this paragraph shall not apply 
to production pipelines or flow lines.’’. 
SEC. 22. EXCESS FLOW VALVES. 
Section 60109(e)(3) is amended— 
(1) by redesignating subparagraph (B) as subparagraph 
(C); and 
(2) by inserting after subparagraph (A) the following: 
‘‘(B) DISTRIBUTION
BRANCH
SERVICES, MULTIFAMILY 
FACILITIES, AND SMALL COMMERCIAL FACILITIES.—Not later 
than 2 years after the date of enactment of the Pipeline 
Safety, Regulatory Certainty, and Job Creation Act of 2011, 
and after issuing a final report on the evaluation of the 
National Transportation Safety Board’s recommendation 
on excess flow valves in applications other than service 
Deadline. 
Reports. 
Regulations. 
Regulations. 
Notice. 
Hearings. 
Applicability. 
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125 STAT. 1918 
PUBLIC LAW 112–90—JAN. 3, 2012 
lines serving one single family residence, the Secretary, 
if appropriate, shall by regulation require the use of excess 
flow valves, or equivalent technology, where economically, 
technically, and operationally feasible on new or entirely 
replaced distribution branch services, multifamily facilities, 
and small commercial facilities.’’. 
SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE. 
(a) IN GENERAL.—Chapter 601, as amended by this Act, is 
further amended by adding at the end the following: 
‘‘§ 60139. Maximum allowable operating pressure 
‘‘(a) VERIFICATION OF RECORDS.— 
‘‘(1) IN GENERAL.—The Secretary of Transportation shall 
require each owner or operator of a pipeline facility to conduct, 
not later than 6 months after the date of enactment of this 
section, a verification of the records of the owner or operator 
relating to the interstate and intrastate gas transmission pipe-
lines of the owner or operator in class 3 and class 4 locations 
and class 1 and class 2 high-consequence areas. 
‘‘(2) PURPOSE.—The purpose of the verification shall be 
to ensure that the records accurately reflect the physical and 
operational characteristics of the pipelines described in para-
graph (1) and confirm the established maximum allowable oper-
ating pressure of the pipelines. 
‘‘(3) ELEMENTS.—The verification process under this sub-
section shall include such elements as the Secretary considers 
appropriate. 
‘‘(b) REPORTING.— 
‘‘(1) DOCUMENTATION
OF
CERTAIN
PIPELINES.—Not later 
than 18 months after the date of enactment of this section, 
each owner or operator of a pipeline facility shall identify 
and submit to the Secretary documentation relating to each 
pipeline segment of the owner or operator described in sub-
section (a)(1) for which the records of the owner or operator 
are insufficient to confirm the established maximum allowable 
operating pressure of the segment. 
‘‘(2) EXCEEDANCES
OF
MAXIMUM
ALLOWABLE
OPERATING 
PRESSURE.—If there is an exceedance of the maximum allowable 
operating pressure with respect to a gas transmission pipeline 
of an owner or operator of a pipeline facility that exceeds 
the build-up allowed for operation of pressure-limiting or control 
devices, the owner or operator shall report the exceedance 
to the Secretary and appropriate State authorities on or before 
the 5th day following the date on which the exceedance occurs. 
‘‘(c) DETERMINATION OF MAXIMUM ALLOWABLE OPERATING PRES-
SURE.— 
‘‘(1) IN GENERAL.—In the case of a transmission line of 
an owner or operator of a pipeline facility identified under 
subsection (b)(1), the Secretary shall— 
‘‘(A) require the owner or operator to reconfirm a max-
imum allowable operating pressure as expeditiously as 
economically feasible; and 
‘‘(B) determine what actions are appropriate for the 
pipeline owner or operator to take to maintain safety until 
a maximum allowable operating pressure is confirmed. 
Deadline. 
Deadline. 
49 USC 60139. 
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125 STAT. 1919 
PUBLIC LAW 112–90—JAN. 3, 2012 
‘‘(2) INTERIM ACTIONS.—In determining the actions for an 
owner or operator of a pipeline facility to take under paragraph 
(1)(B), the Secretary shall take into account potential con-
sequences to public safety and the environment, potential 
impacts on pipeline system reliability and deliverability, and 
other factors, as appropriate. 
‘‘(d) TESTING REGULATIONS.— 
‘‘(1) IN GENERAL.—Not later than 18 months after the date 
of enactment of this section, the Secretary shall issue regula-
tions for conducting tests to confirm the material strength 
of previously untested natural gas transmission pipelines 
located in high-consequence areas and operating at a pressure 
greater than 30 percent of specified minimum yield strength. 
‘‘(2) CONSIDERATIONS.—In developing the regulations, the 
Secretary shall consider safety testing methodologies, including, 
at a minimum— 
‘‘(A) pressure testing; and 
‘‘(B) other alternative methods, including in-line inspec-
tions, determined by the Secretary to be of equal or greater 
effectiveness. 
‘‘(3) COMPLETION OF TESTING.—The Secretary, in consulta-
tion with the Chairman of the Federal Energy Regulatory 
Commission and State regulators, as appropriate, shall estab-
lish timeframes for the completion of such testing that take 
into account potential consequences to public safety and the 
environment and that minimize costs and service disruptions. 
‘‘(e) HIGH-CONSEQUENCE AREA DEFINED.—In this section, the 
term ‘high-consequence area’ means an area described in section 
60109(a).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 601 is 
amended by inserting after the item relating to section 60138 the 
following: 
‘‘60139. Maximum allowable operating pressure.’’. 
SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS BY REF-
ERENCE. 
Section 60102, as amended by this Act, is further amended 
by adding at the end the following: 
‘‘(p) LIMITATION ON INCORPORATION OF DOCUMENTS BY REF-
ERENCE.—Beginning 1 year after the date of enactment of this 
subsection, the Secretary may not issue guidance or a regulation 
pursuant to this chapter that incorporates by reference any docu-
ments or portions thereof unless the documents or portions thereof 
are made available to the public, free of charge, on an Internet 
Web site.’’. 
SEC. 25. PIPELINE SAFETY TRAINING FOR STATE AND LOCAL GOVERN-
MENT PERSONNEL. 
(a) IN GENERAL.—To further the objectives of chapter 601 of 
title 49, United States Code, the Secretary of Transportation may 
provide the services of personnel from the Pipeline and Hazardous 
Materials Safety Administration to provide training for State and 
local government personnel at a pipeline safety training facility 
that is established and operated by an agency or instrumentality 
of the United States, a unit of State or local government, or an 
educational institution. 
(b) REIMBURSEMENTS FOR TRAINING EXPENDITURES.— 
49 USC 60117 
note. 
Effective date. 
Public 
information. 
Web posting. 
Timeframes. 
Deadline. 
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125 STAT. 1920 
PUBLIC LAW 112–90—JAN. 3, 2012 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, the Secretary may require reimbursement from sources 
other than the Federal Government for all expenses incurred 
by the Secretary in providing training for State and local 
government personnel under subsection (a), including salaries, 
expenses, transportation for Pipeline and Hazardous Materials 
Safety Administration personnel, and the cost of training mate-
rials. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Amounts collected 
as reimbursement under paragraph (1) are authorized to be 
appropriated for the purposes set forth in chapter 601 of title 
49, United States Code. 
SEC. 26. REPORT ON MINORITY-OWNED, WOMAN-OWNED, AND DIS-
ADVANTAGED BUSINESSES. 
Not later than 1 year after the date of enactment of this 
Act, the Comptroller General of the United States, based upon 
available information, shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on Energy 
and Commerce of the House of Representatives a comprehensive 
report assessing the levels and types of participation and methods 
of facilitating the participation of minority-owned business enter-
prises, woman-owned business enterprises, and disadvantaged busi-
ness enterprises in the construction and operation of pipeline facili-
ties in the United States. 
SEC. 27. REPORT ON PIPELINE PROJECTS. 
(a) STUDY.—The Comptroller General of the United States shall 
conduct a comprehensive study regarding the process for obtaining 
Federal and State permits for projects to construct pipeline facilities. 
(b) EVALUATION.—In conducting the study, the Comptroller 
General shall evaluate how long it takes to issue permits for pipeline 
construction projects, the relationship between the States and the 
Federal Government in issuing such permits, and any recommenda-
tions from the States for improving the permitting process. 
(c) CONSULTATION.—In conducting the study, the Comptroller 
General shall consult with the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
(d) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall submit to the Committee 
on Transportation and Infrastructure and the Committee on Energy 
and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report 
on the results of the study. 
SEC. 28. COVER OVER BURIED PIPELINES. 
(a) IN GENERAL.—Chapter 601, as amended by this Act, is 
further amended by adding at the end the following: 
‘‘§ 60140. Cover over buried pipelines 
‘‘(a) HAZARDOUS LIQUID PIPELINE INCIDENTS INVOLVING BURIED 
PIPELINES.— 
‘‘(1) STUDY.—The Secretary of Transportation shall conduct 
a study of hazardous liquid pipeline incidents at crossings 
of inland bodies of water with a width of at least 100 feet 
49 USC 60140. 
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125 STAT. 1921 
PUBLIC LAW 112–90—JAN. 3, 2012 
from high water mark to high water mark to determine if 
the depth of cover over the buried pipeline was a factor in 
any accidental release of hazardous liquids. 
‘‘(2) REPORT.—Not later than 1 year after the date of enact-
ment of this section, the Secretary shall transmit to the Com-
mittee on Transportation and Infrastructure and the Committee 
on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation 
of the Senate a report on the results of the study. 
‘‘(b) ASSESSMENT OF CURRENT REQUIREMENTS FOR DEPTH OF 
COVER OVER BURIED PIPELINES.— 
‘‘(1) IN
GENERAL.—If, following completion of the study 
under subsection (a), the Secretary finds that the depth of 
cover over buried pipelines is a contributing factor in the acci-
dental release of hazardous liquids from the pipelines, the 
Secretary, not later than 1 year after the date of completion 
of the study, shall review and determine the sufficiency of 
current requirements for the depth of cover over buried pipe-
lines. 
‘‘(2) LEGISLATIVE RECOMMENDATIONS.— 
‘‘(A) DEVELOPMENT.—If the Secretary determines under 
paragraph (1) that the current requirements for the depth 
of cover over buried pipelines are insufficient, the Secretary 
shall develop legislative recommendations for improving 
the safety of buried pipelines at crossings of inland bodies 
of water with a width of at least 100 feet from high water 
mark to high water mark. 
‘‘(B) CONSIDERATION OF FACTORS.—In developing legis-
lative recommendations under subparagraph (A), the Sec-
retary shall consider the factors specified in section 
60102(b)(2). 
‘‘(C) REPORT TO CONGRESS.—If the Secretary develops 
legislative recommendations under subparagraph (A), the 
Secretary shall submit to the committees referred to in 
subsection (a)(2) a report containing the legislative rec-
ommendations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 601 is 
amended by inserting after the item relating to section 60139 the 
following: 
‘‘60140. Cover over buried pipelines.’’. 
SEC. 29. SEISMICITY. 
In identifying and evaluating all potential threats to each pipe-
line segment pursuant to parts 192 and 195 of title 49, Code 
of Federal Regulations, an operator of a pipeline facility shall con-
sider the seismicity of the area. 
SEC. 30. TRIBAL CONSULTATION FOR PIPELINE PROJECTS. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary of Transportation shall develop and implement 
a protocol for consulting with Indian tribes to provide technical 
assistance for the regulation of pipelines that are under the jurisdic-
tion of Indian tribes. 
SEC. 31. PIPELINE INSPECTION AND ENFORCEMENT NEEDS. 
(a) INSPECTION AND ENFORCEMENT NEEDS.—Not later than 12 
months after the date of enactment of this Act, the Secretary 
Deadline. 
Reports. 
Deadline. 
Protocol. 
49 USC 60117 
note. 
49 USC 60109 
note. 
Deadline. 
Review. 
Determination. 
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125 STAT. 1922 
PUBLIC LAW 112–90—JAN. 3, 2012 
of Transportation shall submit to the Committee on Transportation 
and Infrastructure and the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that provides 
information on— 
(1) the total number of full-time equivalent positions for 
pipeline inspection and enforcement personnel at the Pipeline 
and Hazardous Materials Safety Administration; 
(2) out of the total number of such positions, how many 
of the positions are not filled and the reasons why the positions 
are not filled; 
(3) the actions the Administrator of the Pipeline and Haz-
ardous Materials Safety Administration is taking to fill the 
positions; and 
(4) any additional inspection and enforcement resource 
needs of the Pipeline and Hazardous Materials Safety Adminis-
tration. 
(b) STAFFING.—Subject to the availability of funds, the Sec-
retary may increase the number of positions for pipeline inspection 
and enforcement personnel at the Pipeline and Hazardous Materials 
Safety Administration by 10 full-time equivalent employees, if— 
(1) on or before September 30, 2014, the Secretary fills 
the 135 full-time equivalent positions for pipeline inspection 
and enforcement personnel specified in section 18(e) of the 
Pipeline Inspection, Protection, Enforcement, and Safety Act 
of 2006 (120 Stat. 3498); and 
(2) in preparing the report under subsection (a), the Sec-
retary finds that additional pipeline inspection and enforcement 
personnel are necessary. 
SEC. 32. 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), there is authorized to be 
appropriated to the Department of Transportation for each 
of fiscal years 2012 through 2015, from fees collected under 
section 60301, $90,679,000, of which $4,746,000 is for carrying 
out such section 12 and $36,194,000 is for making grants. 
‘‘(2) TRUST FUND AMOUNTS.—In addition to the amounts 
authorized to be appropriated by paragraph (1), there is author-
ized to be appropriated for each of fiscal years 2012 through 
2015 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), $18,573,000, of 
which $2,174,000 is for carrying out such section 12 and 
$4,558,000 is for making grants.’’. 
(b) EMERGENCY RESPONSE GRANTS.—Section 60125(b)(2) is 
amended by striking ‘‘2007 through 2010’’ and inserting ‘‘2012 
through 2015’’. 
(c) ONE-CALL
NOTIFICATION
PROGRAMS.—Section 6107 is 
amended— 
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125 STAT. 1923 
PUBLIC LAW 112–90—JAN. 3, 2012 
(1) in subsection (a) by striking ‘‘2007 through 2010.’’ and 
inserting ‘‘2012 through 2015.’’; 
(2) in subsection (b) by striking ‘‘2007 through 2010.’’ and 
inserting ‘‘2012 through 2015.’’; and 
(3) by striking subsection (c). 
(d) STATE DAMAGE PREVENTION PROGRAMS.—Section 60134 is 
amended by adding at the end the following: 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary to provide grants under this 
section $1,500,000 for each of fiscal years 2012 through 2015. Such 
funds shall remain available until expended.’’. 
(e) COMMUNITY PIPELINE SAFETY INFORMATION GRANTS.—Sec-
tion 60130 is amended— 
(1) in subsection (a)(1) by striking ‘‘$50,000’’ and inserting 
‘‘$100,000’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘to grant recipients and their contrac-
tors’’ after ‘‘this section’’; and 
(B) by inserting ‘‘, for direct advocacy for or against 
a pipeline construction or expansion project,’’ after ‘‘for 
lobbying’’; and 
(3) in subsection (d) by striking ‘‘$1,000,000 for each of 
the fiscal years 2003 through 2010’’ and inserting ‘‘$1,500,000 
for each of fiscal years 2012 through 2015’’. 
(f) PIPELINE TRANSPORTATION RESEARCH AND DEVELOPMENT.— 
Section 12 of the Pipeline Safety Improvement Act of 2002 (49 
U.S.C. 60101 note) is amended— 
(1) in subsection (d) by adding at the end the following: 
‘‘(3) ONGOING
PIPELINE
TRANSPORTATION
RESEARCH
AND 
DEVELOPMENT.— 
‘‘(A) IN GENERAL.—After the initial 5-year program plan 
has been carried out by the participating agencies, the 
Secretary of Transportation, in coordination with the 
Director of the National Institute of Standards and Tech-
nology, as appropriate, shall prepare a research and 
development program plan every 5 years thereafter and 
shall transmit a report to Congress on the status and 
results-to-date of implementation of the program every 2 
years. The biennial report shall include a summary of 
updated research needs and priorities identified through 
the consultation requirements of paragraph (2). 
‘‘(B) CONSULTATION.—The Secretary shall comply with 
the consultation requirements of paragraph (2) when pre-
paring the program plan and in the selection and 
prioritization of research and development projects. 
‘‘(C) FUNDING FROM NON-FEDERAL SOURCES.—The Sec-
retary shall ensure at least 30 percent of the costs of 
program-wide research and development activities are car-
ried out using non-Federal sources.’’. 
Plans. 
Deadlines. 
Reports. 
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125 STAT. 1924 
PUBLIC LAW 112–90—JAN. 3, 2012 
LEGISLATIVE HISTORY—H.R. 2845: 
HOUSE REPORTS: No. 112–297, Pt. 1 (Comm. on Transportation and Infrastruc-
ture). 
CONGRESSIONAL RECORD, Vol. 157 (2011): 
Dec. 12, considered and passed House. 
Dec. 13, considered and passed Senate. 
(2) in subsection (f) by striking ‘‘2003 through 2006.’’ and 
inserting ‘‘2012 through 2015.’’. 
Approved January 3, 2012. 
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