§60102. General authority
(a)(1)
(A) apply to transporters of gas and hazardous liquid and 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 responsible for the operation and maintenance of pipeline facilities be tested for qualifications and certified to operate and maintain those facilities.
(2) As the Secretary considers appropriate, the operator of a pipeline facility may make the certification under paragraph (1)(C) of this subsection. Testing and certification under paragraph (1)(C) 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.
(b)
(1) relevant available-
(A) gas pipeline safety information; or
(B) hazardous liquid pipeline information;
(2) the appropriateness of the standard for the particular type of pipeline transportation or facility;
(3) the reasonableness of the standard; and
(4) the extent to which the standard will contribute to public safety and the protection of the environment.
(c)
(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.
(d)
(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)
(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)
(2) Not later than October 24, 1995, the Secretary shall prescribe regulations requiring the periodic inspection of each pipeline the operator of the pipeline identifies under section 60109 of this title. The regulations 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)
(h)
(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)
(j)
(2) Not later than 2 years after the survey and assessment are completed, the Secretary shall prescribe regulations 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.
(k)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60102(a)(1) | 49 App.:1672(a)(1) (1st, 2d sentences). | Aug. 12, 1968,
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| 49 App.:1672(a)(1) (3d sentence). | Aug. 12, 1968,
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| 49 App.:2002(a)(1) (1st, 2d sentences). | Nov. 30, 1979,
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| 49 App.:2002(c) (1st sentence). | Nov. 30, 1979,
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| 49 App.:2002(c) (2d sentence). | Nov. 30, 1979,
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| 60102(a)(2) | 49 App.:1672(a)(1) (4th, 5th sentences). | Aug. 12, 1968,
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| 49 App.:2002(c) (3d, 4th sentences). | Nov. 30, 1979,
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| 60102(b) | 49 App.:1672(a)(1) (7th, 8th sentences). | |
| 49 App.:2002(a)(1) (last sentence). | ||
| 49 App.:2002(b) (1st sentence). | Nov. 30, 1979,
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| 60102(c)(1), (2) | 49 App.:1672(a)(2). | Aug. 12, 1968,
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| 60102(c)(3) | 49 App.:2002(e). | |
| 60102(d) | 49 App.:1672(e). | Aug. 12, 1968,
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| 49 App.:2002(i). | Nov. 30, 1979,
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| 60102(e) | 49 App.:1672(f). | Aug. 12, 1968,
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| 49 App.:2002(j). | Nov. 30, 1979,
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| 60102(f) | 49 App.:1672(g). | Aug. 12, 1968,
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| 49 App.:2002(k). | Nov. 30, 1979,
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| 60102(g) | 49 App.:1672(b). | Aug. 12, 1968,
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| 49 App.:2002(f). | ||
| 60102(h) | 49 App.:1672(a)(3). | Aug. 12, 1968,
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| 49 App.:2002(a)(2). | Nov. 30, 1979,
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| 60102(i) | 49 App.:2015. | Nov. 30, 1979,
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| 49 App.:2015 (note). | Oct. 31, 1988,
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| 60102(j) | 49 App.:2002(n). | Nov. 30, 1979,
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| 60102(k) | 49 App.:2002(b) (last sentence). | Nov. 30, 1979,
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In this section, the word "Federal" is omitted as surplus.
In subsection (a)(1), before clause (A), the word "prescribe" is substituted for "by regulation, establish" for consistency in the revised title and with other titles of the United States Code. Standards are made applicable to transporters of gas and to owners and operators of gas pipeline facilities because of 49 App.:1677(a)(1), restated in section 60118 of the revised title.
In subsection (b), before clause (1), the words "Except as provided in section 60103 of this title" are added for clarity. In clause (3), the word "proposed" is omitted as surplus.
In subsection (c)(1), before clause (A), the words "Not later than 12 months after November 30, 1979" are omitted as executed. The word "gas" is added because of the restatement. In clause (B), the word "specific" is omitted as surplus. In clause (C), the words "will protect" are substituted for "is being carried out in a manner . . . to assure protection" to eliminate unnecessary words.
In subsection (c)(2) and (3), the words "to the public with respect to that operator's pipeline facilities which are" are omitted as surplus.
In subsection (c)(2), the word "prescribe" is substituted for "provide" for consistency in the revised title and with other titles of the Code.
In subsection (c)(3), the words "participate in a public safety program meeting the requirements of paragraph (1) of this subsection" are substituted for 49 App.:2002(e)(1) to eliminate unnecessary words.
In subsection (d), before clause (1), the words "Not later than 1 year after October 31, 1988" are omitted as obsolete. The word "prescribe" is substituted for "establish by regulation" for consistency in the revised title and with other titles of the Code. The word "maintain" is substituted for "provide, and revise as necessary" and "completed and maintained" to eliminate unnecessary words. The words "as the case may be" are omitted as surplus. In clause (2), before subclause (A), the words "map or" and "appropriate" are omitted as surplus. In clause (5)(B), the word "government" is omitted as surplus and for consistency in this chapter. In clause (6), the words "and necessary" are omitted as surplus.
In subsections (e) and (f), the word "prescribe" is substituted for "by regulation, establish" for consistency in the revised title and with other titles of the Code.
In subsection (e), before clause (1), the words "not later than 1 year after October 31, 1988" are omitted as obsolete. The words "complete and" and "and to revise as appropriate thereafter" are omitted as surplus.
In subsections (e)(2) and (k), the words "regulation under" are omitted as surplus.
In subsection (g), the words "and amendments thereto" and "recited" are omitted as surplus. The word "different" is substituted for "earlier or later" to eliminate unnecessary words. The words "or amending" are omitted as surplus.
In subsection (h)(1), before clause (A), the words "Not later than 12 months after October 22, 1986" are omitted as obsolete.
In subsection (i), the words "In addition to hazardous liquids", "under this chapter", and "as necessary and appropriate" are omitted as surplus.
In subsection (k), the words "In exercising any discretion under this chapter" are omitted as surplus. The word "because" is substituted for "on the basis of the fact that" to eliminate unnecessary words.
Section Referred to in Other Sections
This section is referred to in sections 60103, 60108, 60109 of this title.