§60117 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation may investigate pipeline safety, hold hearings, issue subpoenas, order tests, run research and training, and require records to enforce the pipeline rules. The Secretary must not charge a tuition-style fee to train State or local enforcement staff. People facing enforcement actions can ask for settlement agreements, meet with the agency to simplify or settle issues, see the agency’s case file, reply to agency filings, ask for an expedited hearing, and ask for a written decision that explains the facts and law. The agency has the burden of proof. The Office of Pipeline Safety must file its post-hearing recommendation within 30 days after a respondent’s post-hearing deadline, and the agency must decide petitions for reconsideration within 120 days. Hearings must be posted on the Pipeline and Hazardous Materials Safety Administration (PHMSA) website and formal hearings are open to the public. PHMSA must publish charging papers, any responses, and final agreements or orders online. The Comptroller General must review PHMSA’s publicly posted enforcement information within 2 years after the PIPES Act of 2020 and send a report to the Senate Committee on Commerce, Science, and Transportation and the House Committees on Transportation and Infrastructure and Energy and Commerce. Pipeline owners and operators must keep and provide records and let authorized DOT inspectors enter premises with ID at reasonable times to check compliance. Accident investigation reports can be used in court and must be made public without naming individuals; research reports are public. After an accident, the Secretary may require part testing only after notifying the State and trying to agree on a testing plan with the owner and, if appropriate, the NTSB. The Secretary may share safety information with FERC and State authorities, work with other governments and groups, offer grants and agreements for prevention and research, and set up coordination with States and OSHA for accident response. The Secretary must issue rules (deadline was December 31, 2007) to allow corrective-action orders when a condition risks safety, considering factors listed in section 60112(b) and the chances the condition will impair service, get worse, or exist elsewhere. For very large or novel projects, the Secretary may recover design-review costs from the project sponsor for projects costing at least $2,500,000,000 (adjusted for CPI) or using new technologies, and must set fees, create a Pipeline Safety Design Review Fund for those fees, and not charge twice for the same review. Project sponsors must give design plans at least 120 days before construction and the Secretary should reply, when practicable, within 90 days. If an imminent hazard exists, the Secretary may issue emergency orders without prior notice to stop the danger. The Secretary must consider effects on health, the economy, and service, explain the problem and the measures taken, and provide a review under section 554 of title 5. If a review petition is filed and the agency does not act within 30 days, the emergency order ends unless the Secretary in writing finds the hazard still exists. Parties may seek fast court review after the agency review. The law defines “imminent hazard” as a condition likely to cause death, serious illness, severe injury, or major harm to health, property, or the environment before a formal proceeding could fix it. Emergency-order rules required temporary regulations within 60 days and final regulations within 270 days after the PIPES Act of 2016.

Title 49, §60117

Transportation — Source: USLM XML via OLRC

(a)To carry out this chapter, the Secretary of Transportation may conduct investigations, make reports, issue subpenas, conduct hearings, require the production of records, take depositions, and conduct research, testing, development, demonstration, and training activities and promotional activities relating to prevention of damage to pipeline facilities. The Secretary may not charge a tuition-type fee for training State or local government personnel in the enforcement of regulations prescribed under this chapter.

(b)(1)In implementing enforcement procedures under this chapter and part 190 of title 49, Code of Federal Regulations (or successor regulations), the Secretary shall—

(A)allow the respondent to request the use of a consent agreement and consent order to resolve any matter of fact or law asserted;

(B)allow the respondent and the agency to convene 1 or more meetings—

(i)for settlement or simplification of the issues; or

(ii)to aid in the disposition of issues;

(C)require that the case file in an enforcement proceeding include all agency records pertinent to the matters of fact and law asserted;

(D)allow the respondent to reply to each post-hearing submission of the agency;

(E)allow the respondent to request that a hearing be held, and an order be issued, on an expedited basis;

(F)require that the agency have the burden of proof, presentation, and persuasion in any enforcement matter;

(G)require that any order contain findings of relevant fact and conclusions of law;

(H)require the Office of Pipeline Safety to file a post-hearing recommendation not later than 30 days after the deadline for any post-hearing submission of a respondent;

(I)require an order on a petition for reconsideration to be issued not later than 120 days after the date on which the petition is filed; and

(J)allow an operator to request that an issue of controversy or uncertainty be addressed through a declaratory order in accordance with section 554(e) of title 5.

(2)A hearing under this section shall be—

(A)noticed to the public on the website of the Pipeline and Hazardous Materials Safety Administration; and

(B)in the case of a formal hearing (as defined in section 190.3 of title 49, Code of Federal Regulations (or a successor regulation)), open to the public.

(3)(A)With respect to each enforcement proceeding under this chapter, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall make publicly available on the website of the Administration—

(i)the charging documents;

(ii)the written response of the respondent, if filed; and

(iii)any consent agreement, consent order, order, or judgment resulting from a hearing under this chapter.

(B)(i)Not later than 2 years after the date of enactment of the PIPES Act of 2020, the Comptroller General of the United States shall—

(I)review information on pipeline enforcement actions that the Pipeline and Hazardous Materials Safety Administration makes publicly available on the internet; and

(II)submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report on that review, including any recommendations under clause (iii).

(ii)The report under clause (i)(II) shall include—

(I)a description of the process that the Pipeline and Hazardous Materials Safety Administration uses to collect and record enforcement information;

(II)an assessment of whether and, if so, how the Pipeline and Hazardous Materials Safety Administration ensures that enforcement information is made available to the public in an accessible manner; and

(III)an assessment of the information described in clause (i)(I).

(iii)The report under clause (i)(II) may include recommendations regarding—

(I)any improvements that could be made to the accessibility of the information described in clause (i)(I);

(II)whether and, if so, how the information described in clause (i)(I) could be made more transparent; and

(III)any other recommendations that the Comptroller General of the United States considers appropriate.

(4)Nothing in this subsection alters the procedures applicable to—

(A)an emergency order under subsection (p);

(B)a safety order under subsection (m); or

(C)a corrective action order under section 60112.

(c)To enable the Secretary to decide whether a person owning or operating a pipeline facility is complying with this chapter and standards prescribed or orders issued under this chapter, the person shall—

(1)maintain records, make reports, and provide information the Secretary requires; and

(2)make the records, reports, and information available when the Secretary requests.

(d)An officer, employee, or agent of the Department of Transportation designated by the Secretary, on display of proper credentials to the individual in charge, may enter premises to inspect the records and property of a person at a reasonable time and in a reasonable way to decide whether a person is complying with this chapter and standards prescribed or orders issued under this chapter.

(e)Information related to a confidential matter referred to in section 1905 of title 18 that is obtained by the Secretary or an officer, employee, or agent in carrying out this section may be disclosed only to another officer or employee concerned with carrying out this chapter or in a proceeding under this chapter.

(f)(1)Each accident report made by an officer, employee, or agent of the Department may be used in a judicial proceeding resulting from the accident. The officer, employee, or agent may be required to testify in the proceeding about the facts developed in investigating the accident. The report shall be made available to the public in a way that does not identify an individual.

(2)Each report related to research and demonstration projects and related activities is public information.

(g)The Secretary may require testing of a part of a pipeline facility subject to this chapter that has been involved in or affected by an accident only after—

(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.

(h)On request, the Secretary shall provide the Federal Energy Regulatory Commission or appropriate State authority with information the Secretary has on the safety of material, operations, devices, or processes related to pipeline transportation or operating a pipeline facility.

(i)The Secretary may—

(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.

(j)(1)After consulting with appropriate State officials, the Secretary shall establish procedures to promote more effective coordination between departments, agencies, and instrumentalities of the Government and State authorities with regulatory authority over pipeline facilities about responses to a pipeline accident.

(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.

(k)This section does not authorize information to be withheld from a committee of Congress authorized to have the information.

(l)To carry out this chapter, the Secretary may enter into grants, cooperative agreements, and other transactions with any person, agency, or instrumentality of the United States, any unit of State or local government, any educational institution, or any other entity to further the objectives of this chapter. The objectives of this chapter include the development, improvement, and promotion of one-call damage prevention programs, research, risk assessment, and mapping.

(m)(1)Not later than December 31, 2007, the Secretary shall issue regulations providing that, after notice and opportunity for a hearing, if the Secretary determines that a pipeline facility has a condition that poses a pipeline integrity risk to public safety, property, or the environment, the Secretary may order the operator of the facility to take necessary corrective action, including physical inspection, testing, repair, or other appropriate action, to remedy that condition.

(2)In making a determination under paragraph (1), the Secretary, if relevant and pursuant to the regulations issued under paragraph (1), shall consider—

(A)the considerations specified in paragraphs (1) through (6) of section 60112(b);

(B)the likelihood that the condition will impair the serviceability of a pipeline;

(C)the likelihood that the condition will worsen over time; and

(D)the likelihood that the condition is present or could develop on other areas of the pipeline.

(n)(1)The Secretary may advise, assist, and cooperate with the heads of other departments, agencies, and instrumentalities of the United States Government, the States, and public and private agencies and persons to facilitate the restoration of pipeline operations that have been or are anticipated to become disrupted by manmade or natural disasters.

(2)Nothing in this section alters or amends the authorities and responsibilities of any department, agency, or instrumentality of the United States Government, other than the Department of Transportation.

(o)(1)(A)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 structure and assessment methodology that is based on the costs of providing these reviews and shall prescribe procedures to collect fees under this paragraph. The Secretary may not collect design safety review fees under this paragraph and section 60301 for the same design safety review.

(B)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 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)For any new pipeline facility construction 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, feedback, and guidance on the project.

(3)(A)There is established a Pipeline Safety Design Review Fund in the Treasury of the United States.

(B)The Secretary shall deposit funds paid under this subsection into the Fund.

(C)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)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 paragraph (1)(B).

(p)(1)If the Secretary determines that an unsafe condition or practice, or a combination of unsafe conditions and practices, constitutes or is causing an imminent hazard, the Secretary may issue an emergency order described in paragraph (3) imposing emergency restrictions, prohibitions, and safety measures on owners and operators of gas or hazardous liquid pipeline facilities without prior notice or an opportunity for a hearing, but only to the extent necessary to abate the imminent hazard.

(2)(A)Before issuing an emergency order under paragraph (1), the Secretary shall consider, as appropriate, the following factors:

(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)In considering the factors under subparagraph (A), the Secretary shall consult, as the Secretary determines appropriate, with appropriate Federal agencies, State agencies, and other entities knowledgeable in pipeline safety or operations.

(3)An emergency order issued by the Secretary pursuant to paragraph (1) with respect to an imminent hazard shall contain a written description of—

(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 subsection (m) are insufficient to do so; and

(F)how the considerations were taken into account pursuant to paragraph (2).

(4)Upon receipt of a petition for review from an entity subject to, and aggrieved by, an emergency order issued under this subsection, the Secretary shall provide an opportunity for a review of the order under section 554 of title 5 to determine whether the order should remain in effect, be modified, or be terminated.

(5)If a petition for review of an emergency order is filed under paragraph (4) and an agency decision with respect to the petition is not issued on or before the last day of the 30-day period beginning on the date on which the petition is filed, the order shall cease to be effective on such day, unless the Secretary determines in writing on or before the last day of such period that the imminent hazard still exists.

(6)(A)After completion of the review process described in paragraph (4), or the issuance of a written determination by the Secretary pursuant to paragraph (5), an entity subject to, and aggrieved by, an emergency order issued under this subsection may seek judicial review of the order in a district court of the United States and shall be given expedited consideration.

(B)The filing of a petition for review under subparagraph (A) shall not stay or modify the force and effect of the agency’s final decision under paragraph (4), or the written determination under paragraph (5), unless stayed or modified by the Secretary.

(7)(A)Not later than 60 days after the date of enactment of the PIPES Act of 2016, the Secretary shall issue such temporary regulations as are necessary to carry out this subsection. The temporary regulations shall expire on the date of issuance of the final regulations required under subparagraph (B).

(B)Not later than 270 days after such date of enactment, the Secretary shall issue such regulations as are necessary to carry out this subsection. Such regulations shall ensure that the review process described in paragraph (4) contains the same procedures as subsections (d) and (g) of section 109.19 of title 49, Code of Federal Regulations, and is otherwise consistent with the review process developed under such section, to the greatest extent practicable and not inconsistent with this section.

(8)In this subsection, the term “imminent hazard” means the existence of a condition relating to a gas or hazardous liquid pipeline facility that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of such death, illness, injury, or endangerment.

(9)An emergency order issued under this subsection may not be construed to—

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (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. 103–429This 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). Revised SectionSource (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.

Editorial Notes

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 section 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 section 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.”

§60117 Administrative

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Title 49, §60117

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