(a)
(b)
(1) maintain records, make reports, and provide information the Secretary requires; and
(2) make the records, reports, and information available when the Secretary requests.
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.
(c)
(d)
(e)
(2) Each report related to research and demonstration projects and related activities is public information.
(f)
(1) notifying the appropriate State official in the State in which the facility is located; and
(2) attempting to negotiate a mutually acceptable plan for testing with the owner of the facility and, when the Secretary considers appropriate, the National Transportation Safety Board.
(g)
(h)
(1) advise, assist, and cooperate with other departments, agencies, and instrumentalities of the United States Government, the States, and public and private agencies and persons in planning and developing safety standards and ways to inspect and test to decide whether those standards have been complied with;
(2) consult with and make recommendations to other departments, agencies, and instrumentalities of the Government, State and local governments, and public and private agencies and persons to develop and encourage activities, including the enactment of legislation, that will assist in carrying out this chapter and improve State and local pipeline safety programs; and
(3) participate in a proceeding involving safety requirements related to a liquefied natural gas facility before the Commission or a State authority.
(i)
(2) In consultation with the Occupational Safety and Health Administration, the Secretary shall establish procedures to notify the Administration of any pipeline accident in which an excavator that has caused damage to a pipeline may have violated a regulation of the Administration.
(j)
(k)
(l)
(1)
(2)
(A) the considerations specified in paragraphs (1) through (6) of section 60112(b);
(B) the likelihood that the condition will impair the serviceability of a pipeline;
(C) the likelihood that the condition will worsen over time; and
(D) the likelihood that the condition is present or could develop on other areas of the pipeline.
(m)
(1)
(2)
(n)
(1)
(A)
(B)
(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 Consumer 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)
(3)
(A)
(B)
(C)
(4)
(o)
(1)
(2)
(A)
(i) The impact of the emergency order on public health and safety.
(ii) The impact, if any, of the emergency order on the national or regional economy or national security.
(iii) The impact of the emergency order on the ability of owners and operators of pipeline facilities to maintain reliability and continuity of service to customers.
(B)
(3)
(A) the violation, condition, or practice that constitutes or is causing the imminent hazard;
(B) the entities subject to the order;
(C) the restrictions, prohibitions, or safety measures imposed;
(D) the standards and procedures for obtaining relief from the order;
(E) how the order is tailored to abate the imminent hazard and the reasons the authorities under section 60112 and 60117(l) are insufficient to do so; and
(F) how the considerations were taken into account pursuant to paragraph (2).
(4)
(5)
(6)
(A)
(B)
(7)
(A)
(B)
(8)
(9)
(A) alter, amend, or limit the Secretary's obligations under, or the applicability of, section 553 of title 5; or
(B) provide the authority to amend the Code of Federal Regulations.
Open Table|
Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 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).
Open Table|
Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60117(i)(2) | 49 App.:1682 (note). | Oct. 24, 1992, Pub. L. 102–508, §304(c), 106 Stat. 3308. |
References in Text
The date of enactment of the PIPES Act of 2016 and such date of enactment, referred to in subsec. (o)(7), is the date of enactment of Pub. L. 114–183, which was approved June 22, 2016.
Amendments
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)
"(2)
"(3)
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).
Regulations
Pub. L. 112–90, §20(a), Jan. 3, 2012, 125 Stat. 1916, provided that:
"(1)
"(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)
"(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)
Safety Data Sheets
Pub. L. 114–183, §14, June 22, 2016, 130 Stat. 524, provided that:
"(a)
"(b)
"(1)
"(2)
"(3)
Accident and Incident Notification
Pub. L. 112–90, §9, Jan. 3, 2012, 125 Stat. 1912, provided that:
"(a)
"(b)
"(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)
[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) 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)
"(b)
"(1)
"(2)
[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."
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