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U.S. Code as of:
01/19/04
Section 60101. Definitions
(a) General. - In this chapter -
(1) "existing liquefied natural gas facility" -
(A) means a liquefied natural gas facility for which an
application to approve the site, construction, or operation of
the facility was filed before March 1, 1978, with -
(i) the Federal Energy Regulatory Commission (or any
predecessor); or
(ii) the appropriate State or local authority, if the
facility is not subject to the jurisdiction of the Commission
under the Natural Gas Act (15 U.S.C. 717 et seq.); but
(B) does not include a facility on which construction is
begun after November 29, 1979, without the approval;
(2) "gas" means natural gas, flammable gas, or toxic or
corrosive gas;
(3) "gas pipeline facility" includes a pipeline, a right of
way, a facility, a building, or equipment used in transporting
gas or treating gas during its transportation;
(4) "hazardous liquid" means -
(A) petroleum or a petroleum product; and
(B) a substance the Secretary of Transportation decides may
pose an unreasonable risk to life or property when transported
by a hazardous liquid pipeline facility in a liquid state
(except for liquefied natural gas);
(5) "hazardous liquid pipeline facility" includes a pipeline, a
right of way, a facility, a building, or equipment used or
intended to be used in transporting hazardous liquid;
(6) "interstate gas pipeline facility" -
(A) means a gas pipeline facility -
(i) used to transport gas; and
(ii) subject to the jurisdiction of the Commission under
the Natural Gas Act (15 U.S.C. 717 et seq.); but
(B) does not include a gas pipeline facility transporting gas
from an interstate gas pipeline in a State to a direct sales
customer in that State buying gas for its own consumption;
(7) "interstate hazardous liquid pipeline facility" means a
hazardous liquid pipeline facility used to transport hazardous
liquid in interstate or foreign commerce;
(8) "interstate or foreign commerce" -
(A) related to gas, means commerce -
(i) between a place in a State and a place outside that
State; or
(ii) that affects any commerce described in subclause
(A)(i) of this clause; and
(B) related to hazardous liquid, means commerce between -
(i) a place in a State and a place outside that State; or
(ii) places in the same State through a place outside the
State;
(9) "intrastate gas pipeline facility" means -
(A) a gas pipeline facility and transportation of gas within
a State not subject to the jurisdiction of the Commission under
the Natural Gas Act (15 U.S.C. 717 et seq.); and
(B) a gas pipeline facility transporting gas from an
interstate gas pipeline in a State to a direct sales customer
in that State buying gas for its own consumption;
(10) "intrastate hazardous liquid pipeline facility" means a
hazardous liquid pipeline facility that is not an interstate
hazardous liquid pipeline facility;
(11) "liquefied natural gas" means natural gas in a liquid or
semisolid state;
(12) "liquefied natural gas accident" means a release, burning,
or explosion of liquefied natural gas from any cause, except a
release, burning, or explosion that, under regulations prescribed
by the Secretary, does not pose a threat to public health or
safety, property, or the environment;
(13) "liquefied natural gas conversion" means conversion of
natural gas into liquefied natural gas or conversion of liquefied
natural gas into natural gas;
(14) "liquefied natural gas pipeline facility" -
(A) means a gas pipeline facility used for transporting or
storing liquefied natural gas, or for liquefied natural gas
conversion, in interstate or foreign commerce; but
(B) does not include any part of a structure or equipment
located in navigable waters (as defined in section 3 of the
Federal Power Act (16 U.S.C. 796));
(15) "municipality" means a political subdivision of a State;
(16) "new liquefied natural gas pipeline facility" means a
liquefied natural gas pipeline facility except an existing
liquefied natural gas pipeline facility;
(17) "person", in addition to its meaning under section 1 of
title 1 (except as to societies), includes a State, a
municipality, and a trustee, receiver, assignee, or personal
representative of a person;
(18) "pipeline facility" means a gas pipeline facility and a
hazardous liquid pipeline facility;
(19) "pipeline transportation" means transporting gas and
transporting hazardous liquid;
(20) "State" means a State of the United States, the District
of Columbia, and Puerto Rico;
(21) "transporting gas" -
(A) means the gathering, transmission, or distribution of gas
by pipeline, or the storage of gas, in interstate or foreign
commerce; but
(B) does not include the gathering of gas, other than
gathering through regulated gathering lines, in those rural
locations that are located outside the limits of any
incorporated or unincorporated city, town, or village, or any
other designated residential or commercial area (including a
subdivision, business, shopping center, or community
development) or any similar populated area that the Secretary
of Transportation determines to be a nonrural area, except that
the term "transporting gas" includes the movement of gas
through regulated gathering lines;
(22) "transporting hazardous liquid" -
(A) means the movement of hazardous liquid by pipeline, or
the storage of hazardous liquid incidental to the movement of
hazardous liquid by pipeline, in or affecting interstate or
foreign commerce; but
(B) does not include moving hazardous liquid through -
(i) gathering lines in a rural area;
(ii) onshore production, refining, or manufacturing
facilities; or
(iii) storage or in-plant piping systems associated with
onshore production, refining, or manufacturing facilities;
(23) "risk management" means the systematic application, by the
owner or operator of a pipeline facility, of management policies,
procedures, finite resources, and practices to the tasks of
identifying, analyzing, assessing, reducing, and controlling risk
in order to protect employees, the general public, the
environment, and pipeline facilities;
(24) "risk management plan" means a management plan utilized by
a gas or hazardous liquid pipeline facility owner or operator
that encompasses risk management; and
(25) "Secretary" means the Secretary of Transportation.
(b) Gathering Lines. - (1)(A) Not later than October 24, 1994,
the Secretary shall prescribe standards defining the term
"gathering line".
(B) In defining "gathering line" for gas, the Secretary -
(i) shall consider functional and operational characteristics
of the lines to be included in the definition; and
(ii) is not bound by a classification the Commission
establishes under the Natural Gas Act (15 U.S.C. 717 et seq.).
(2)(A) Not later than October 24, 1995, the Secretary, if
appropriate, shall prescribe standards defining the term "regulated
gathering line". In defining the term, the Secretary shall consider
factors such as location, length of line from the well site,
operating pressure, throughput, and the composition of the
transported gas or hazardous liquid, as appropriate, in deciding on
the types of lines that functionally are gathering but should be
regulated under this chapter because of specific physical
characteristics.
(B)(i) The Secretary also shall consider diameter when defining
"regulated gathering line" for hazardous liquid.
(ii) The definition of "regulated gathering line" for hazardous
liquid may not include a crude oil gathering line that has a
nominal diameter of not more than 6 inches, is operated at low
pressure, and is located in a rural area that is not unusually
sensitive to environmental damage.
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