§60104 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation must let anyone with an interest speak and send written comments when making a safety standard. Rules about design, installation, construction, and the first inspections or tests do not apply to pipelines that already exist when the rule is made. A state that has current federal certification can make extra safety rules for pipelines that stay inside the state, but only if those rules fit with the federal minimums. A state cannot set rules for interstate pipelines. A state may still enforce a one-call notification program (call-before-you-dig) if it meets federal requirements. If a new rule or a waiver could affect continuous gas service, the Secretary must consult the Federal Energy Regulatory Commission or the state authority in charge and delay the rule so they can give any needed permission. Companies seeking authority to import gas or to build, operate, or extend a gas pipeline under the Natural Gas Act must promise they will follow the safety standards and inspection and maintenance plans. That promise binds the federal agencies unless a proper enforcement agency tells the Commission in writing that the applicant violated a safety standard. The Secretary may not decide where a pipeline must be routed.

Title 49, §60104

Transportation — Source: USLM XML via OLRC

(a)The Secretary of Transportation shall give an interested person an opportunity to make oral and written presentations of information, views, and arguments when prescribing a standard under this chapter.

(b)A design, installation, construction, initial inspection, or initial testing standard does not apply to a pipeline facility existing when the standard is adopted.

(c)A State authority that has submitted a current certification under section 60105(a) of this title may adopt additional or more stringent safety standards for intrastate pipeline facilities and intrastate pipeline transportation only if those standards are compatible with the minimum standards prescribed under this chapter. A State authority may not adopt or continue in force safety standards for interstate pipeline facilities or interstate pipeline transportation. Notwithstanding the preceding sentence, a State authority may enforce a requirement of a one-call notification program of the State if the program meets the requirements for one-call notification programs under this chapter or chapter 61.

(d)(1)When continuity of gas service is affected by prescribing a standard or waiving compliance with standards under this chapter, the Secretary of Transportation shall consult with and advise the Federal Energy Regulatory Commission or a State authority having jurisdiction over the affected gas pipeline facility before prescribing the standard or waiving compliance. The Secretary shall delay the effective date of the standard or waiver until the Commission or State authority has a reasonable opportunity to grant an authorization it considers necessary.

(2)In a proceeding under section 3 or 7 of the Natural Gas Act (15 U.S.C. 717b or 717f), each applicant for authority to import natural gas or to establish, construct, operate, or extend a gas pipeline facility subject to an applicable safety standard shall certify that it will design, install, inspect, test, construct, operate, replace, and maintain a gas pipeline facility under those standards and plans for inspection and maintenance under section 60108 of this title. The certification is binding on the Secretary of Energy and the Commission except when an appropriate enforcement agency has given timely written notice to the Commission that the applicant has violated a standard prescribed under this chapter.

(e)This chapter does not authorize the Secretary of Transportation to prescribe the location or routing of a pipeline facility.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 60104(a)49 App.:1672(c).Aug. 12, 1968, Pub. L. 90–481, § 3(c), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96–129, §§ 104(a)(2), (c), 109(c), 93 Stat. 992, 994, 996. 49 App.:2002(g).Nov. 30, 1979, Pub. L. 96–129, §§ 202(4) (28th–last words), 203(c) (last sentence), (g), 93 Stat. 1003, 1004, 1005. 60104(b)49 App.:1672(a)(1) (6th sentence).Aug. 12, 1968, Pub. L. 90–481, § 3(a)(1) (6th, 9th, last sentences), 82 Stat. 721; Oct. 11, 1976, Pub. L. 94–477, § 4(2), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§ 101(a), 109(c), (e), 93 Stat. 990, 996; Oct. 24, 1992, Pub. L. 102–508, § 116, 106 Stat. 3298. 49 App.:2002(c) (last sentence). 60104(c)49 App.:1672(a)(1) (9th, last sentences). 49 App.:2002(d).Nov. 30, 1979, Pub. L. 96–129, § 203(d), 93 Stat. 1004; Oct. 24, 1992, Pub. L. 102–508, § 215, 106 Stat. 3305. 60104(d)49 App.:1676(a).Aug. 12, 1968, Pub. L. 90–481, § 9(a), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §§ 109(i), 152(a), (b)(3), 93 Stat. 997, 999, 1001; Oct. 30, 1988, Pub. L. 100–561, § 105(1), 102 Stat. 2807. 60104(e)49 App.:1671(4) (33d–last words).Aug. 12, 1968, Pub. L. 90–481, § 2(4) (33d–last words), 82 Stat. 720. 49 App.:2001(4) (28th–last words). Subsection (a) is substituted for 49 App.:1672(c) (last sentence) and 2002(g) (last sentence) to eliminate unnecessary words. The text of 49 App.:1672(c) (1st sentence) and 2002(g) (1st sentence) is omitted as unnecessary because 5:ch. 5, subch. II applies unless otherwise stated. In subsection (c), the words “prescribed under this chapter” are added for clarity. The words “after the Federal minimum standards become effective” in 49 App.:1672(a) (last sentence) are omitted as obsolete. In subsection (d)(1), the words “waiving compliance” are substituted for “action upon application for waiver” and “acting on the waiver application” to eliminate unnecessary words. The words “the provisions of” are omitted as surplus. The word “authority” is substituted for “commission” for consistency in the revised title and with other titles of the Code. In subsection (d)(2), the words “and conclusive” are omitted as being included in “binding”. The words “Secretary of Energy” are substituted for “Department of Energy” because of 42:7231.

Editorial Notes

Amendments

2002—Subsec. (c). Pub. L. 107–355 inserted at end “Notwithstanding the preceding sentence, a State authority may enforce a requirement of a one-call notification program of the State if the program meets the requirements for one-call notification programs under this chapter or chapter 61.”

§60104 Requirements and Limitations