Historical and Revision Notes | ||
|---|---|---|
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
60103(a) | 49 App.:1674a(a) (1)(A), (d)(1), (e). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 6; added Nov. 30, 1979, Pub. L. 96–129, § 152(a), 93 Stat. 999. |
60103(b) | 49 App.:1674a(a) (1)(B), (2), (d)(2), (e). | |
60103(c)(1), (2) | 49 App.:1674a(c)(1). | |
60103(c)(3) | 49 App.:1674a(c)(3). | |
60103(d) | 49 App.:1674a(b), (d)(3), (e). | |
60103(e) | 49 App.:1674a(f). | |
60103(f) | 49 App.:1674a(a)(3). | |
60103(g) | 49 App.:1674a(c)(2). | |
In subsections (a), (b), and (d), the words “general safety” are omitted as surplus. The text of 49 App.:1674a(e) is omitted for consistency in the revised title and with other titles of the United States Code.
In subsections (a) and (b), before each clause (1), the words “Not later than 180 days after
In subsection (a), before clause (1), the words “with respect to standards relating to the location of any new LNG facility” are omitted because of the restatement. In clause (2), the word “involved” is omitted as surplus. In clause (4), the words “meteorological, geological, topographical, seismic, and other” are omitted as surplus. In clause (5), the word “existing” is omitted as surplus.
In subsection (b), before clause (1), the text of 49 App.:1674a(a)(2) (1st sentence) is omitted as executed. The text of 49 App.:1674a(a)(2) (last sentence) is omitted as surplus. The words “with respect to standards applicable to the design, installation, construction, initial inspection, and initial testing of any new LNG facility” are omitted because of the restatement. In clause (1), the words “thermal resistance and other” are omitted as surplus. In clause (2), the words “(such as multiple diking, insulated concrete, and vapor containment barriers)” are omitted as surplus. In clause (3), the words “(for example, whether it is to be in a liquid or semisolid state)” are omitted as surplus. In clause (4), the words “under such a design” are omitted as surplus.
In subsection (c)(1) and (2), the word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the Code.
In subsection (c)(1), before clause (A), the words “if the standard is to be applied” are added for clarity. The word “either” is omitted as surplus. In clause (B), the word “Federal” is omitted as surplus. The words “the authority is applied” are substituted for “such authority was exercised” for clarity.
In subsection (c)(2)(A), before clause (i), the words “design, installation, construction, initial inspection, or initial testing standard prescribed under this chapter after
In subsection (d), before clause (1), the words “Not later than 270 days after
In subsection (e), the text of 49 App.:1674a(f) (related to 49 App.:1672(a)(1) (8th, last sentences), (c), and (d)) is omitted as surplus because those provisions apply to all standards prescribed under the Natural Gas Pipeline Safety Act of 1968 (Public Law 90–481, 82 Stat. 720).
In subsection (f), the words “Secretary of Energy” are substituted for “Department of Energy” because of 42:7131. The words “or local” are added for clarity. The words “in the case of any facility not subject to the jurisdiction of the Department under the Natural Gas Act” are omitted as surplus.
2016—Subsec. (a)(7). Pub. L. 114–183 added par. (7).
Pub. L. 114–183, § 27(c),
Pub. L. 116–260, div. R, title I, § 110, “(a) Not later than 3 years after the date of enactment of this Act [“(1) review the minimum operating and maintenance standards prescribed under section 60103(d) of title 49, United States Code; and“(2) based on the review under paragraph (1), update the standards described in that paragraph applicable to large-scale liquefied natural gas facilities (other than peak shaving facilities) to provide for a risk-based regulatory approach for such facilities, consistent with this section.“(b) In updating the minimum operating and maintenance standards under subsection (a)(2), the Secretary shall ensure that all regulations, guidance, and internal documents—“(1) are developed and applied in a manner consistent with this section; and“(2) achieve a level of safety that is equivalent to, or greater than, the level of safety required by the standards prescribed as of the date of enactment of this Act under—“(A) section 60103(d) of title 49, United States Code; and“(B) part 193 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).“(c) The updates to the operating and maintenance standards required under subsection (a)(2) shall, at a minimum, require operators—“(1) to develop and maintain written safety information identifying hazards associated with—“(A) the processes of liquefied natural gas conversion, storage, and transport;“(B) equipment used in the processes; and“(C) technology used in the processes;“(2) to conduct a hazard assessment, including the identification of potential sources of accidental releases;“(3)(A) to consult with employees and representatives of employees on the development and execution of hazard assessments under paragraph (2); and“(B) to provide employees access to the records of the hazard assessments and any other records required under the updated standards;“(4) to establish a system to respond to the findings of a hazard assessment conducted under paragraph (2) that addresses prevention, mitigation, and emergency responses;“(5) to review, when a design change occurs, the most recent hazard assessment conducted under paragraph (2) and the response system established under paragraph (4);“(6) to develop and implement written operating procedures for the processes of liquefied natural gas conversion, storage, and transport;“(7)(A) to provide written safety and operating information to employees; and“(B) to train employees in operating procedures with an emphasis on addressing hazards and using safe practices;“(8) to ensure contractors and contract employees are provided appropriate information and training;“(9) to train and educate employees and contractors in emergency response;“(10) to establish a quality assurance program to ensure that equipment, maintenance materials, and spare parts relating to the operations and maintenance of liquefied natural gas facilities are fabricated and installed consistent with design specifications;“(11) to establish maintenance systems for critical process-related equipment, including written procedures, employee training, appropriate inspections, and testing of that equipment to ensure ongoing mechanical integrity;“(12) to conduct pre-start-up safety reviews of all newly installed or modified equipment;“(13) to establish and implement written procedures to manage change to processes of liquefied natural gas conversion, storage, and transport, technology, equipment, and facilities; and“(14)(A) to investigate each incident that results in, or could have resulted in—“(i) loss of life;“(ii) destruction of private property; or“(iii) a major accident; and“(B) to have operating personnel—“(i) review any findings of an investigation under subparagraph (A); and“(ii) if appropriate, take responsive measures.“(d) “(1) The Secretary shall require that operators that are subject to the regulations under subsection (a)(2) submit to the Secretary for approval a plan for the implementation of the requirements described in subsection (c).“(2) The implementation plan described in paragraph (1) shall include—“(A) an anticipated schedule for the implementation of the requirements described in subsection (c); and“(B) an overview of the process for implementation.“(e) “(1) If the Secretary determines during an inspection carried out under chapter 601 of title 49, United States Code, that an operator’s implementation of the requirements described in subsection (c) does not comply with the requirements of that chapter (including any regulations promulgated under that chapter), has not been adequately implemented, is inadequate for the safe operation of a large-scale liquefied natural gas facility, or is otherwise inadequate, the Secretary may conduct enforcement proceedings under that chapter.“(2) Nothing in this section shall affect the authority of the Secretary to carry out inspections or conduct enforcement proceedings under chapter 601 of title 49, United States Code.“(f) Nothing in this section may be construed to diminish or modify—“(1) the authority of the Secretary under this title [enacting sections 60142, 60143, and 60303 of this title, amending sections 6107, 60102, 60108, 60109, 60117, 60118, 60122, 60125, 60129, 60130 and 60134 of this title, enacting provisions set out as notes under this section and sections 60101, 60102, 60108, and 60109 of this title, and amending provisions set out as notes under sections 60101 and section 60109 of this title] to act in the case of an emergency; or“(2) the authority of the Secretary under sections 60118 through 60123 of title 49, United States Code.“(g) A person violating the standards prescribed under this section, including any revisions to the minimum operating and maintenance standards prescribed under 60103 of title 49, United States Code, shall be liable for a civil penalty that may not exceed $200,000 for each violation pursuant to section 60122(a)(1) of that title.”
Pub. L. 116–260, div. R, title I, § 111, “(a) In this section:“(1) The term ‘Center’ means the National Center of Excellence for Liquefied Natural Gas Safety that may be established under subsection (b).“(2) LNG.—The term ‘LNG’ means liquefied natural gas.“(3) The term ‘LNG sector stakeholder’ means a representative of—“(A) LNG facilities that represent the broad array of LNG facilities operating in the United States;“(B) States, Indian Tribes, and units of local government;“(C) postsecondary education;“(D) labor organizations;“(E) safety organizations; or“(F) Federal regulatory agencies of jurisdiction, which may include—“(i) the [Pipeline and Hazardous Materials Safety] Administration;“(ii) the Federal Energy Regulatory Commission;“(iii) the Department of Energy;“(iv) the Occupational Safety and Health Administration;“(v) the Coast Guard; and“(vi) the Maritime Administration.“(b) Only after submitting the report under subsection (c) to the committees of Congress described in that subsection, and subject to the availability of funds appropriated by Congress for the applicable purpose, the Secretary [of Transportation], in consultation with LNG sector stakeholders, may establish a center, to be known as the ‘National Center of Excellence for Liquefied Natural Gas Safety’.“(c) “(1) Not later than 18 months after the date of enactment of this Act [“(A) the resources necessary to establish the Center; and“(B) the manner in which the Center will carry out the functions described in subsection (d).“(2) The report under paragraph (1) shall include an estimate of all potential costs and appropriations necessary to carry out the functions described in subsection (d).“(d) The Center shall, for activities regulated under section 60103 of title 49, United States Code, enhance the United States as the leader and foremost expert in LNG operations by—“(1) furthering the expertise of the Federal Government in the operations, management, and regulatory practices of LNG facilities through—“(A) the use of performance-based principles;“(B) experience and familiarity with LNG operational facilities; and“(C) increased communication with LNG experts to learn and support state-of-the-art operational practices;“(2) acting as a repository of information on best practices for the operation of LNG facilities; and“(3) facilitating collaboration among LNG sector stakeholders.“(e) “(1) The Center shall be located in close proximity to critical LNG transportation infrastructure on, and connecting to, the Gulf of Mexico, as determined by the Secretary.“(2) In determining the location of the Center, the Secretary shall—“(A) take into account the strategic value of locating resources in close proximity to LNG facilities; and“(B) locate the Center in the State with the largest LNG production capacity, as determined by the total capacity (in billion cubic feet per day) of LNG production authorized by the Federal Energy Regulatory Commission under section 3 of the Natural Gas Act (15 U.S.C. 717b) as of the date of enactment of this Act [“(f) In carrying out the functions described in subsection (d), the Center shall coordinate with the Training and Qualifications Training Center of the Administration in Oklahoma City, Oklahoma, to facilitate knowledge sharing among, and enhanced training opportunities for, Federal and State pipeline safety inspectors and investigators.“(g) The Secretary may enter into an agreement with an appropriate official of an institution of higher education—“(1) to provide for joint operation of the Center; and“(2) to provide necessary administrative services for the Center.”
Pub. L. 116–260, div. R, title I, § 114(d), “(1) Not later than 18 months after the date of enactment of this Act [“(A) discussing—“(i) the best available technologies or practices to prevent or minimize, without compromising pipeline safety, the release of natural gas when making planned repairs, replacements, or maintenance to a pipeline facility;“(ii) the best available technologies or practices to prevent or minimize, without compromising pipeline safety, the release of natural gas when the operator intentionally vents or releases natural gas, including blowdowns; and“(iii) pipeline facility designs that, without compromising pipeline safety, mitigate the need to intentionally vent natural gas; and“(B) recommending a timeline for updating pipeline safety regulations, as the Secretary determines to be appropriate, to address the matters described in subparagraph (A).“(2) Not later than 180 days after the date on which the Secretary submits the report under this subsection, the Secretary shall update pipeline safety regulations that the Secretary has determined are necessary to protect the environment without compromising pipeline safety.”
Pub. L. 116–260, div. R, title II, § 205, “(a) Not later than 3 years after the date of enactment of this Act [“(1) the number of operators of natural gas distribution systems who have implemented a pipeline safety management system in accordance with the standard established by the American Petroleum Institute entitled ‘Pipeline Safety Management System Requirements’ and numbered American Petroleum Institute Recommended Practice 1173;“(2) the progress made by operators of natural gas distribution systems who have implemented, or are in the process of implementing, a pipeline safety management system described in paragraph (1); and“(3) the feasibility of an operator of a natural gas distribution system implementing a pipeline safety management system described in paragraph (1) based on the size of the operator as measured by—“(A) the number of customers the operator has; and“(B) the amount of natural gas the operator transports.“(b) As part of the report required under subsection (a), the Secretary shall provide guidance or recommendations that would further the adoption of safety management systems in accordance with the standard established by the American Petroleum Institute entitled ‘Pipeline Safety Management System Requirements’ and numbered American Petroleum Institute Recommended Practice 1173.“(c) The Secretary and the relevant State authority with a certification in effect under section 60105 of title 49, United States Code, as applicable, shall—“(1) promote and assess pipeline safety management systems frameworks developed by operators of natural gas distribution systems and described in the report under subsection (a), including—“(A) if necessary, using independent third-party evaluators; and“(B) through a system that promotes self-disclosure of—“(i) errors; and“(ii) deviations from regulatory standards; and“(2) if a deviation from a regulatory standard is identified during the development and application of a pipeline safety management system, certify that—“(A) due consideration will be given to factors such as flawed procedures, honest mistakes, or lack of understanding; and“(B) the operators and regulators use the most appropriate tools to fix the deviation, return to compliance, and prevent the recurrence of the deviation, including—“(i) root cause analysis; and“(ii) training, education, or other appropriate improvements to procedures or training programs.”
Pub. L. 114–183, § 27(b),