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U.S. Code as of:
01/19/04
Section 60102. Purpose and general authority
(a) Purpose and Minimum Safety Standards. -
(1) Purpose. - The purpose of this chapter is to provide
adequate protection against risks to life and property posed by
pipeline transportation and pipeline facilities by improving the
regulatory and enforcement authority of the Secretary of
Transportation.
(2) Minimum safety standards. - The Secretary shall prescribe
minimum safety standards for pipeline transportation and for
pipeline facilities. The standards -
(A) apply to owners and operators of pipeline facilities;
(B) may apply to the design, installation, inspection,
emergency plans and procedures, testing, construction,
extension, operation, replacement, and maintenance of pipeline
facilities; and
(C) shall include a requirement that all individuals who
operate and maintain pipeline facilities shall be qualified to
operate and maintain the pipeline facilities.
(3) Qualifications of pipeline operators. - The qualifications
applicable to an individual who operates and maintains a pipeline
facility shall address the ability to recognize and react
appropriately to abnormal operating conditions that may indicate
a dangerous situation or a condition exceeding design limits. The
operator of a pipeline facility shall ensure that employees who
operate and maintain the facility are qualified to operate and
maintain the pipeline facilities.
(b) Practicability and Safety Needs Standards. -
(1) In general. - A standard prescribed under subsection (a)
shall be -
(A) practicable; and
(B) designed to meet the need for -
(i) gas pipeline safety, or safely transporting hazardous
liquids, as appropriate; and
(ii) protecting the environment.
(2) Factors for consideration. - When prescribing any standard
under this section or section 60101(b), 60103, 60108, 60109,
60110, or 60113, the Secretary shall consider -
(A) relevant available -
(i) gas pipeline safety information;
(ii) hazardous liquid pipeline safety information; and
(iii) environmental information;
(B) the appropriateness of the standard for the particular
type of pipeline transportation or facility;
(C) the reasonableness of the standard;
(D) based on a risk assessment, the reasonably identifiable
or estimated benefits expected to result from implementation or
compliance with the standard;
(E) based on a risk assessment, the reasonably identifiable
or estimated costs expected to result from implementation or
compliance with the standard;
(F) comments and information received from the public; and
(G) the comments and recommendations of the Technical
Pipeline Safety Standards Committee, the Technical Hazardous
Liquid Pipeline Safety Standards Committee, or both, as
appropriate.
(3) Risk assessment. - In conducting a risk assessment referred
to in subparagraphs (D) and (E) of paragraph (2), the Secretary
shall -
(A) identify the regulatory and nonregulatory options that
the Secretary considered in prescribing a proposed standard;
(B) identify the costs and benefits associated with the
proposed standard;
(C) include -
(i) an explanation of the reasons for the selection of the
proposed standard in lieu of the other options identified;
and
(ii) with respect to each of those other options, a brief
explanation of the reasons that the Secretary did not select
the option; and
(D) identify technical data or other information upon which
the risk assessment information and proposed standard is based.
(4) Review. -
(A) In general. - The Secretary shall -
(i) submit any risk assessment information prepared under
paragraph (3) of this subsection to the Technical Pipeline
Safety Standards Committee, the Technical Hazardous Liquid
Pipeline Safety Standards Committee, or both, as appropriate;
and
(ii) make that risk assessment information available to the
general public.
(B) Peer review panels. - The committees referred to in
subparagraph (A) shall serve as peer review panels to review
risk assessment information prepared under this section. Not
later than 90 days after receiving risk assessment information
for review pursuant to subparagraph (A), each committee that
receives that risk assessment information shall prepare and
submit to the Secretary a report that includes -
(i) an evaluation of the merit of the data and methods
used; and
(ii) any recommended options relating to that risk
assessment information and the associated standard that the
committee determines to be appropriate.
(C) Review by secretary. - Not later than 90 days after
receiving a report submitted by a committee under subparagraph
(B), the Secretary -
(i) shall review the report;
(ii) shall provide a written response to the committee that
is the author of the report concerning all significant peer
review comments and recommended alternatives contained in the
report; and
(iii) may revise the risk assessment and the proposed
standard before promulgating the final standard.
(5) Secretarial decisionmaking. - Except where otherwise
required by statute, the Secretary shall propose or issue a
standard under this Chapter (!1) only upon a reasoned
determination that the benefits of the intended standard justify
its costs.
(6) Exceptions from application. - The requirements of
subparagraphs (D) and (E) of paragraph (2) do not apply when -
(A) the standard is the product of a negotiated rulemaking,
or other rulemaking including the adoption of industry
standards that receives no significant adverse comment within
60 days of notice in the Federal Register;
(B) based on a recommendation (in which three-fourths of the
members voting concur) by the Technical Pipeline Safety
Standards Committee, the Technical Hazardous Liquid Pipeline
Safety Standards Committee, or both, as applicable, the
Secretary waives the requirements; or
(C) the Secretary finds, pursuant to section 553(b)(3)(B) of
title 5, United States Code, that notice and public procedure
are not required.
(7) Report. - Not later than March 31, 2000, the Secretary
shall transmit to the Congress a report that -
(A) describes the implementation of the risk assessment
requirements of this section, including the extent to which
those requirements have affected regulatory decisionmaking and
pipeline safety; and
(B) includes any recommendations that the Secretary
determines would make the risk assessment process conducted
pursuant to the requirements under this chapter a more
effective means of assessing the benefits and costs associated
with alternative regulatory and nonregulatory options in
prescribing standards under the Federal pipeline safety
regulatory program under this chapter.
(c) Public Safety Program Requirements. - (1) The Secretary shall
include in the standards prescribed under subsection (a) of this
section a requirement that an operator of a gas pipeline facility
participate in a public safety program that -
(A) notifies an operator of proposed demolition, excavation,
tunneling, or construction near or affecting the facility;
(B) requires an operator to identify a pipeline facility that
may be affected by the proposed demolition, excavation,
tunneling, or construction, to prevent damaging the facility; and
(C) the Secretary decides will protect a facility adequately
against a hazard caused by demolition, excavation, tunneling, or
construction.
(2) To the extent a public safety program referred to in
paragraph (1) of this subsection is not available, the Secretary
shall prescribe standards requiring an operator to take action the
Secretary prescribes to provide services comparable to services
that would be available under a public safety program.
(3) The Secretary may include in the standards prescribed under
subsection (a) of this section a requirement that an operator of a
hazardous liquid pipeline facility participate in a public safety
program meeting the requirements of paragraph (1) of this
subsection or maintain and carry out a damage prevention program
that provides services comparable to services that would be
available under a public safety program.
(4) Promoting public awareness. -
(A) Not later than one year after the date of enactment of the
Accountable Pipeline Safety and Accountability Act of 1996,(!2)
and annually thereafter, the owner or operator of each interstate
gas pipeline facility shall provide to the governing body of each
municipality in which the interstate gas pipeline facility is
located, a map identifying the location of such facility.
(B)(i) Not later than June 1, 1998, the Secretary shall survey
and assess the public education programs under section 60116 and
the public safety programs under section 60102(c) and determine
their effectiveness and applicability as components of a model
program. In particular, the survey shall include the methods by
which operators notify residents of the location of the facility
and its right of way, public information regarding existing
One-Call programs, and appropriate procedures to be followed by
residents of affected municipalities in the event of accidents
involving interstate gas pipeline facilities.
(ii) Not later than one year after the survey and assessment
are completed, the Secretary shall institute a rulemaking to
determine the most effective public safety and education program
components and promulgate if appropriate, standards implementing
those components on a nationwide basis. In the event that the
Secretary finds that promulgation of such standards are not
appropriate, the Secretary shall report to Congress the reasons
for that finding.
(d) Facility Operation Information Standards. - The Secretary
shall prescribe minimum standards requiring an operator of a
pipeline facility subject to this chapter to maintain, to the
extent practicable, information related to operating the facility
as required by the standards prescribed under this chapter and,
when requested, to make the information available to the Secretary
and an appropriate State official as determined by the Secretary.
The information shall include -
(1) the business name, address, and telephone number, including
an operations emergency telephone number, of the operator;
(2) accurate maps and a supplementary geographic description,
including an identification of areas described in regulations
prescribed under section 60109 of this title, that show the
location in the State of -
(A) major gas pipeline facilities of the operator, including
transmission lines and significant distribution lines; and
(B) major hazardous liquid pipeline facilities of the
operator;
(3) a description of -
(A) the characteristics of the operator's pipelines in the
State; and
(B) products transported through the operator's pipelines in
the State;
(4) the manual that governs operating and maintaining pipeline
facilities in the State;
(5) an emergency response plan describing the operator's
procedures for responding to and containing releases, including -
(A) identifying specific action the operator will take on
discovering a release;
(B) liaison procedures with State and local authorities for
emergency response; and
(C) communication and alert procedures for immediately
notifying State and local officials at the time of a release;
and
(6) other information the Secretary considers useful to inform
a State of the presence of pipeline facilities and operations in
the State.
(e) Pipe Inventory Standards. - The Secretary shall prescribe
minimum standards requiring an operator of a pipeline facility
subject to this chapter to maintain for the Secretary, to the
extent practicable, an inventory with appropriate information about
the types of pipe used for the transportation of gas or hazardous
liquid, as appropriate, in the operator's system and additional
information, including the material's history and the leak history
of the pipe. The inventory -
(1) for a gas pipeline facility, shall include an
identification of each facility passing through an area described
in regulations prescribed under section 60109 of this title but
shall exclude equipment used with the compression of gas; and
(2) for a hazardous liquid pipeline facility, shall include an
identification of each facility and gathering line passing
through an area described in regulations prescribed under section
60109 of this title, whether the facility or gathering line
otherwise is subject to this chapter, but shall exclude equipment
associated only with the pipeline pumps or storage facilities.
(f) Standards as Accommodating "Smart Pigs". -
(1) Minimum safety standards. - The Secretary shall prescribe
minimum safety standards requiring that -
(A) the design and construction of new natural gas
transmission pipeline or hazardous liquid pipeline facilities,
and
(B) when the replacement of existing natural gas transmission
pipeline or hazardous liquid pipeline facilities or equipment
is required, the replacement of such existing facilities be
carried out, to the extent practicable, in a manner so as to
accommodate the passage through such natural gas transmission
pipeline or hazardous liquid pipeline facilities of
instrumented internal inspection devices (commonly referred to
as "smart pigs"). The Secretary may extend such standards to
require existing natural gas transmission pipeline or hazardous
liquid pipeline facilities, whose basic construction would
accommodate an instrumented internal inspection device to be
modified to permit the inspection of such facilities with
instrumented internal inspection devices.
(2) Periodic inspections. - Not later than October 24, 1995,
the Secretary shall prescribe, if necessary, additional standards
requiring the periodic inspection of each pipeline the operator
of the pipeline identifies under section 60109 of this title. The
standards shall include any circumstances under which an
inspection shall be conducted with an instrumented internal
inspection device and, if the device is not required, use of an
inspection method that is at least as effective as using the
device in providing for the safety of the pipeline.
(g) Effective Dates. - A standard prescribed under this section
and section 60110 of this title is effective on the 30th day after
the Secretary prescribes the standard. However, the Secretary for
good cause may prescribe a different effective date when required
because of the time reasonably necessary to comply with the
standard. The different date must be specified in the regulation
prescribing the standard.
(h) Safety Condition Reports. - (1) The Secretary shall prescribe
regulations requiring each operator of a pipeline facility (except
a master meter) to submit to the Secretary a written report on any
-
(A) condition that is a hazard to life, property, or the
environment; and
(B) safety-related condition that causes or has caused a
significant change or restriction in the operation of a pipeline
facility.
(2) The Secretary must receive the report not later than 5
working days after a representative of a person to which this
section applies first establishes that the condition exists. Notice
of the condition shall be given concurrently to appropriate State
authorities.
(i) Carbon Dioxide Regulation. - The Secretary shall regulate
carbon dioxide transported by a hazardous liquid pipeline facility.
The Secretary shall prescribe standards related to hazardous liquid
to ensure the safe transportation of carbon dioxide by such a
facility.
(j) Emergency Flow Restricting Devices. - (1) Not later than
October 24, 1994, the Secretary shall survey and assess the
effectiveness of emergency flow restricting devices (including
remotely controlled valves and check valves) and other procedures,
systems, and equipment used to detect and locate hazardous liquid
pipeline ruptures and minimize product releases from hazardous
liquid pipeline facilities.
(2) Not later than 2 years after the survey and assessment are
completed, the Secretary shall prescribe standards on the
circumstances under which an operator of a hazardous liquid
pipeline facility must use an emergency flow restricting device or
other procedure, system, or equipment described in paragraph (1) of
this subsection on the facility.
(3) Remotely controlled valves. - (A) Not later than June 1,
1998, the Secretary shall survey and assess the effectiveness of
remotely controlled valves to shut off the flow of natural gas in
the event of a rupture of an interstate natural gas pipeline
facility and shall make a determination about whether the use of
remotely controlled valves is technically and economically feasible
and would reduce risks associated with a rupture of an interstate
natural gas pipeline facility.
(B) Not later than one year after the survey and assessment are
completed, if the Secretary has determined that the use of remotely
controlled valves is technically and economically feasible and
would reduce risks associated with a rupture of an interstate
natural gas pipeline facility, the Secretary shall prescribe
standards under which an operator of an interstate natural gas
pipeline facility must use a remotely controlled valve. These
standards shall include, but not be limited to, requirements for
high-density population areas.
(k) Prohibition Against Low Internal Stress Exception. - The
Secretary may not provide an exception to this chapter for a
hazardous liquid pipeline facility only because the facility
operates at low internal stress.
(l) Updating Standards. - The Secretary shall, to the extent
appropriate and practicable, update incorporated industry standards
that have been adopted as part of the Federal pipeline safety
regulatory program under this chapter.
(m) Inspections by Direct Assessment. - Not later than 1 year
after the date of the enactment of this subsection, the Secretary
shall issue regulations prescribing standards for inspection of a
pipeline facility by direct assessment.
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