Historical and Revision Notes |
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Pub. L. 103–272 |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
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60117(a) | 49 App.:1681(a) (1st sentence words before semicolon). | Aug. 12, 1968, Pub. L. 90–481, § 14(a) (1st sentence), 82 Stat. 727; restated Nov. 30, 1979, Pub. L. 96–129, §§ 104(b), 106, 93 Stat. 992, 994. |
| 49 App.:1681(a) (last sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 14(a) (last sentence); added Oct. 11, 1984, Pub. L. 98–464, § 7(a), 98 Stat. 1823. |
| 49 App.:2010(a) (1st sentence words before semicolon). | Nov. 30, 1979, Pub. L. 96–129, § 211(a) (1st sentence), 93 Stat. 1012. |
| 49 App.:2010(a) (last sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 211(a) (last sentence); added Oct. 11, 1984, Pub. L. 98–464, § 7(b), 98 Stat. 1823. |
60117(b) | 49 App.:1681(b). | Aug. 12, 1968, Pub. L. 90–481, § 14(b)–(e), 82 Stat. 727; restated Nov. 30, 1979, Pub. L. 96–129, §§ 104(b), 106, 93 Stat. 992, 995. |
| 49 App.:2010(b). | Nov. 30, 1979, Pub. L. 96–129, § 211(b)–(e), 93 Stat. 1012. |
60117(c) | 49 App.:1681(c). | |
| 49 App.:2010(c). | |
60117(d) | 49 App.:1681(e) (1st sentence). | |
| 49 App.:2010(e) (1st sentence). | |
60117(e) | 49 App.:1681(d). | |
| 49 App.:2010(d). | |
60117(f) | 49 App.:1681(a) (1st sentence words after semicolon). | |
| 49 App.:1681(a) (2d sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 14(a) (2d sentence); added Oct. 31, 1988, Pub. L. 100–561, § 109, 102 Stat. 2809. |
| 49 App.:2010(a) (1st sentence words after semicolon). | |
| 49 App.:2010(a) (2d sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 211(a) (2d sentence); added Oct. 31, 1988, Pub. L. 100–561, § 208, 102 Stat. 2812. |
60117(g) | 49 App.:1682(a). | Aug. 12, 1968, Pub. L. 90–481, § 15(a), 82 Stat. 727; Nov. 30, 1979, Pub. L. 96–129, §§ 104(b), 109(j)(2), (k), 155(b), 93 Stat. 992, 997, 1003. |
| 49 App.:2011(a). | Nov. 30, 1979, Pub. L. 96–129, § 212(a)–(c), 93 Stat. 1013. |
60117(h)(1) | 49 App.:1682(b). | Aug. 12, 1968, Pub. L. 90–481, § 15(b), 82 Stat. 727; Nov. 30, 1979, Pub. L. 96–129, §§ 104(b), 109(j)(2), 93 Stat. 992, 997. |
| 49 App.:2011(b). | |
60117(h)(2) | 49 App.:1682(c). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 15(c); added Aug. 22, 1972, Pub. L. 92–401, § 3, 86 Stat. 616; Nov. 30, 1979, Pub. L. 96–129, §§ 104(b), 109(j)(2), 93 Stat. 992, 997. |
| 49 App.:2011(c). | |
60117(h)(3) | 49 App.:1682(d). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 15(d); added Nov. 30, 1979, Pub. L. 96–129, § 155(a), 93 Stat. 1003. |
60117(i) | 49 App.:1676(b). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 9(b); added Oct. 31, 1988, Pub. L. 100–561, § 105(2), 102 Stat. 2807. |
| 49 App.:2011(d). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 212(d); added Oct. 31, 1988, Pub. L. 100–561, § 209, 102 Stat. 2812. |
60117(j) | 49 App.:1681(e) (last sentence). | |
| 49 App.:2010(e) (last sentence). | |
In subsection (a), the words “to the extent necessary . . . his responsibilities under” and “relevant” are omitted as surplus. The words “documents and” are omitted as being included in “records”. The words “directly or, by contract, or otherwise” are omitted as surplus.
In subsections (b), before clause (1), and (c), the words “has acted or . . . acting” are omitted as surplus. The word “prescribed” is added for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), the words “establish and” and “reasonably” are omitted as surplus.
In subsection (c), the words “enter premises to” are substituted for “enter upon” for clarity and consistency. The words “and examine” and “to the extent such records and properties are relevant” are omitted as surplus.
In subsection (d), the words “related to a confidential matter” are substituted for “which information contains or relates to a trade secret . . . shall be considered confidential for the purpose of that section” to eliminate unnecessary words. The words “All information reported to or otherwise” are omitted as surplus. The words “an officer, employee, or agent” are substituted for “his representative” for consistency. The word “only” is substituted for “except that such information” to eliminate unnecessary words. The words “when relevant” are omitted as surplus.
In subsection (e)(1), the words “civil, criminal, or other” are omitted as surplus.
In subsection (f), before clause (1), the words “however . . . exercise authority under this section to” are omitted as surplus. In clause (1), the word “affected” is omitted as surplus. In clause (2), the word “attempting” is substituted for “make every effort” to eliminate unnecessary words. The words “for testing” and “the Secretary considers” are added for clarity.
In subsection (g), the words “with respect to matters under their jurisdiction” in 49 App.:2011(a) are omitted as surplus.
In subsection (h)(1) and (2), the word “instrumentalities” is added for consistency in the revised title and with other titles of the Code.
In subsection (h)(1), the word “Federal” before “safety” is omitted as surplus.
In subsection (h)(3), the words “as a matter of right intervene or otherwise” and the text of 49 App.:1682(d) (last sentence) are omitted as surplus.
In subsection (i), the words “Not later than 1 year after October 31, 1988” are omitted as obsolete. The words “departments, agencies, and instrumentalities of the Government and State authorities” are substituted for “agencies of the United States and of the States” for consistency in the revised title and with other titles of the Code.
In subsection (j), the words “by the Secretary or any officer, employee, or agent under his control” are omitted as surplus. The words “to have the information” are substituted for “duly” for clarity.
[Pub. L. 103–429]
This amends 49:60117(i) by restating section 304(c) of the Pipeline Safety Act of 1992 ([Public Law 102–508], [106 Stat. 3308]) as 49:60117(i)(2).
References in Text
The date of enactment of the PIPES Act of 2020, referred to in subsec. (b)(3)(B)(i), is the date of enactment of div. R of [Pub. L. 116–260], which was approved Dec. 27, 2020.
The date of enactment of the PIPES Act of 2016 and such date of enactment, referred to in subsec. (p)(7), is the date of enactment of [Pub. L. 114–183], which was approved June 22, 2016.
Amendments
2020—Subsecs. (b) to (p). [Pub. L. 116–260, § 108(a)], added subsec. (b) and redesignated former subsecs. (b) to (o) as (c) to (p), respectively.
Subsec. (p)(3)(E). [Pub. L. 116–260, § 108(b)(2)], substituted “subsection (m)” for “60117(l)”.
2016—Subsec. (o). [Pub. L. 114–183] added subsec. (o).
2012—Subsec. (n). [Pub. L. 112–90] amended subsec. (n) generally. Prior to amendment, text read as follows:
“(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).”
2006—Subsec. (l). [Pub. L. 109–468, § 13], reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “If the Secretary decides that a pipeline facility has a potential safety-related condition, the Secretary may order the operator of the facility to take necessary corrective action, including physical inspection, testing, repair, replacement, or other appropriate action to remedy the safety-related condition.”
Subsecs. (m), (n). [Pub. L. 109–468], §§ 11, 17, added subsecs. (m) and (n).
2002—Subsec. (l). [Pub. L. 107–355] added subsec. (l).
1996—Subsec. (a). [Pub. L. 104–304, § 19], inserted “and promotional activities relating to prevention of damage to pipeline facilities” after “and training activities”.
Subsec. (b). [Pub. L. 104–304, § 12(1)], (3), substituted “owning” for “transporting gas or hazardous liquid” and inserted at end “The Secretary may require owners and operators of gathering lines to provide the Secretary information pertinent to the Secretary’s ability to make a determination as to whether and to what extent to regulate gathering lines.”
Subsec. (k). [Pub. L. 104–304, § 12(2)], added subsec. (k).
1994—Subsec. (i). [Pub. L. 103–429] designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Regulations
[Pub. L. 112–90, § 20(a)], Jan. 3, 2012, [125 Stat. 1916], provided that:“(1)
In general.—
Not later than 2 years after the date of enactment of this Act [Jan. 3, 2012], 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.
“(3)
Expedited review.—
The regulations issued under this subsection shall define the term ‘expedited review’ for the purposes of paragraph (1)(C).”
Safety Data Sheets
[Pub. L. 114–183, § 14], June 22, 2016, [130 Stat. 524], provided that:“(a)
In General.—
Each owner or operator of a hazardous liquid pipeline facility, following an accident involving such pipeline facility that results in a hazardous liquid spill, shall provide safety data sheets on any spilled hazardous liquid to the designated Federal On-Scene Coordinator and appropriate State and local emergency responders within 6 hours of a telephonic or electronic notice of the accident to the National Response Center.
“(b)
Definitions.—
In this section:
“(1)
Federal on-scene coordinator.—
The term ‘Federal On-Scene Coordinator’ has the meaning given such term in section 311(a) of the Federal Water Pollution Control Act (
33 U.S.C. 1321(a)).
“(2)
National response center.—
The term ‘National Response Center’ means the center described under section 300.125(a) of title 40, Code of Federal Regulations.
“(3)
Safety data sheet.—
The term ‘safety data sheet’ means a safety data sheet required under section 1910.1200 of title 29, Code of Federal Regulations.”
Accident and Incident Notification
[Pub. L. 112–90, § 9], Jan. 3, 2012, [125 Stat. 1912], provided that:“(a)
Revision of Regulations.—
Not later than 18 months after the date of enactment of this Act [Jan. 3, 2012], 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 notification of an accident or incident to require such notification at the earliest practicable moment following confirmed discovery 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 centers, 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.”
[Terms used in [section 9 of Pub. L. 112–90], set out above, have the meaning given those terms in this chapter, see [section 1(c)(1) of Pub. L. 112–90], set out as a note under section 60101 of this title.]
Guidance
[Pub. L. 112–90, § 13(b)], Jan. 3, 2012, [125 Stat. 1914], provided that: “Not later than 1 year after the date of enactment of this Act [Jan. 3, 2012], the Secretary of Transportation shall issue guidance to clarify the meaning of the term ‘new or novel technologies or design’ as used in section 60117(n)(1)(B)(ii) [now 49 U.S.C. 60117(o)(1)(B)(ii)] of title 49, United States Code, as amended by subsection (a) of this section.”
Pipeline Safety Training for State and Local Government Personnel
[Pub. L. 112–90, § 25], Jan. 3, 2012, [125 Stat. 1919], provided that:“(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.—
“(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 materials.
“(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.”
[Terms used in [section 25 of Pub. L. 112–90], set out above, have the meaning given those terms in this chapter, see [section 1(c)(1) of Pub. L. 112–90], set out as a note under section 60101 of this title.]
Tribal Consultation for Pipeline Projects
[Pub. L. 112–90, § 30], Jan. 3, 2012, [125 Stat. 1921], provided that: “Not later than 1 year after the date of enactment of this Act [Jan. 3, 2012], 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 jurisdiction of Indian tribes.”
Incident Reporting
[Pub. L. 109–468, § 15], Dec. 29, 2006, [120 Stat. 3496], provided that: “Not later than December 31, 2007, the Secretary of Transportation shall review the incident reporting requirements for operators of natural gas pipelines and modify the reporting criteria as appropriate to ensure that the incident data gathered accurately reflects incident trends over time, taking into consideration the recommendations from the Comptroller General in GAO report 06–946.”
Accident Reporting Form
[Pub. L. 109–468, § 20], Dec. 29, 2006, [120 Stat. 3498], provided that: “Not later than December 31, 2007, the Secretary of Transportation shall amend accident reporting forms to require operators of gas and hazardous liquid pipelines to provide data related to controller fatigue.”