(a)
(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;
(B) nonpetroleum fuel, including biofuel, that is flammable, toxic, or corrosive or would be harmful to the environment if released in significant quantities; and
(C) 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" means a gas pipeline facility-
(A) used to transport gas; and
(B) subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.);
(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 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.);
(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-
(i) the gathering, transmission, or distribution of gas by pipeline, or the storage of gas, in interstate or foreign commerce; and
(ii) the movement of gas through regulated gathering lines; but
(B) does not include gathering gas (except through regulated gathering lines) in a rural area outside a populated area designated by the Secretary as a nonrural area;
(22) "transporting hazardous liquid"-
(A) means-
(i) 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; and
(ii) the movement of hazardous liquid through regulated gathering lines; but
(B) does not include moving hazardous liquid through-
(i) gathering lines (except regulated 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;
(25) "Secretary" means the Secretary of Transportation; and
(26) "underground natural gas storage facility" means a gas pipeline facility that stores natural gas in an underground facility, including-
(A) a depleted hydrocarbon reservoir;
(B) an aquifer reservoir; or
(C) a solution-mined salt cavern reservoir.
(b)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60101(a)(1) | 49 App.:1671(10). | Aug. 12, 1968,
|
| 49 App.:1671(14). | Aug. 12, 1968,
|
|
| 49 App.:2001(11). | Nov. 30, 1979,
|
|
| 60101(a)(2) | 49 App.:1671(2). | Aug. 12, 1968,
|
| 60101(a)(3) | 49 App.:1671(4) (1st–32d words). | |
| 60101(a)(4) | 49 App.:2001(2). | |
| 60101(a)(5) | 49 App.:2001(4) (1st–27th words). | |
| 60101(a)(6) | 49 App.:1671(8). | Aug. 12, 1968,
|
| 60101(a)(7) | 49 App.:2001(5). | |
| 60101(a) (8)(A) | 49 App.:1671(17). | |
| 60101(a) (8)(B) | 49 App.:2001(7). | |
| 60101(a)(9) | 49 App.:1671(9). | Aug. 12, 1968,
|
| 60101(a)(10) | 49 App.:2001(6). | |
| 60101(a)(11) | 49 App.:1671(11). | |
| 60101(a)(12) | 49 App.:1671(16). | |
| 60101(a)(13) | 49 App.:1671(13). | |
| 60101(a)(14) | 49 App.:1671(12). | |
| 60101(a)(15) | 49 App.:1671(6). | |
| 49 App.:2001(9). | ||
| 60101(a)(16) | 49 App.:1671(15). | |
| 60101(a)(17) | 49 App.:1671(1). | |
| 49 App.:2001(1). | ||
| 60101(a)(18), (19) | (no source). | |
| 60101(a)(20) | 49 App.:1671(5). | |
| 49 App.:2001(8). | ||
| 60101(a)(21) | 49 App.:1671(3). | Aug. 12, 1968,
|
| 60101(a)(22) | 49 App.:2001(3). | |
| 60101(b) | 49 App.:1688. | Aug. 12, 1968,
|
| 49 App.:2016. | Nov. 30, 1979,
|
In this chapter, the words "liquefied natural gas" are substituted for "LNG" for clarity. The word "authority" is substituted for "agency" for consistency in the revised title and with other titles of the United States Code. The words "gas" and "hazardous liquid" are added where applicable because of the restatement.
In subsection (a), before clause (1), the text of 49 App.:1671(10) and 2001(11) is omitted because the complete name of the Secretary of Transportation is used the first time the term appears in a section. The words "As used" are omitted as surplus. In clause (1)(A), the words "Federal Energy Regulatory Commission" and "Commission" are substituted for "Department of Energy" because under 42:7171(a) and 7172(a)(1) the Commission is statutorily independent of the Department and has the responsibility for siting, construction, and operating applications. In clauses (3) and (5), the words "without limitation, new and existing" are omitted as surplus. In clause (4)(B), the words "or material" are omitted as surplus. In clause (6), before subclause (A), the word "pipeline" is substituted for "transmission" for clarity and consistency. In clause (8)(A), before subclause (i), the words "trade, traffic, transportation, exchange, or other" are omitted as surplus. In subclause (ii), the words "trade, transportation, exchange, or other" are omitted as surplus. In clause (8)(B), the word "place" is substituted for "point" for clarity and consistency in the revised title. In clause (9), before subclause (A), the word "facility" is substituted for "transportation" for clarity and consistency. In clause (12), the words "resulting from" and the text of 49 App.:1671(16)(A)–(D) are omitted as surplus. In clause (13), the words "(liquefaction or solidification)" and "(vaporization)" are omitted as surplus. In clauses (14) and (16), the word "pipeline" is added for clarity. In clause (15), the words "city, county, or any other" are omitted as surplus. In clause (17), the words "in addition to its meaning under section 1 of title 1 (except as to societies)" are substituted for "any individual, firm, joint venture, partnership, corporation, association . . . cooperative association, or joint stock association" to eliminate unnecessary words, for clarity, and for consistency in the revised title and with other titles of the Code. Clauses (18) and (19) are added because of the restatement. In clause (20), the words "of the United States" are substituted for "of the several" for consistency in the revised title and with other titles of the Code. In clause (21)(B), the words "outside a populated area" are substituted for "which lie outside the limits of any incorporated or unincorporated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area" to eliminate unnecessary words. In clause (22)(B)(i), the word "area" is substituted for "locations" for consistency.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60101(a)(21), (22) | 49 App.:1671 (note). | Oct. 24, 1992,
|
| 49 App.:2001 (note). | Oct. 24, 1992,
|
Section 4(s) reflects an amendment to the restatement required by sections 109(a) and 208(a) of the Pipeline Safety Act of 1992 (
This amends 49:60101 for consistency with the style of title 49.
The Natural Gas Act, referred to in subsecs. (a)(1)(A)(ii), (6)(B), (9) and (b)(1)(B)(ii), is act June 21, 1938, ch. 556,
The amendments by section 4(s) of
2016-Subsec. (a)(21)(B).
Subsec. (a)(22)(B)(iii).
Subsec. (a)(26).
2012-Subsec. (a)(4)(B), (C).
2006-Subsec. (a)(6).
Subsec. (a)(9).
1996-Subsec. (a).
Subsec. (a)(1) to (20).
Subsec. (a)(21)(B).
Subsec. (a)(22).
Subsec. (a)(23) to (25).
Subsec. (b)(1)(A).
Subsec. (b)(2)(A).
1994-Subsec. (a)(21), (22).
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of
"(a)
"(b)
"(1) communication of national, State, and local safety information to pipeline operators;
"(2) distribution of technical resources and training to support current and future Federal mandates; and
"(3) evaluation of program outcomes.
"(c)
"(1) safety and security of pipeline systems;
"(2) incident and risk management for such systems;
"(3) integrity management for such systems;
"(4) consequence modeling for such systems;
"(5) detection of encroachments and monitoring of rights-of-way for such systems; and
"(6) vulnerability assessment of such systems at both project and national levels.
"(d)
"(1)
"(2)
"(e)
"(a)
"(b)
"(1)
"(2)
"(c)
"(1) materials inspection;
"(2) stress and fracture analysis, detection of cracks, abrasion, and other abnormalities inside pipelines that lead to pipeline failure, and development of new equipment or technologies that are inserted into pipelines to detect anomalies;
"(3) internal inspection and leak detection technologies, including detection of leaks at very low volumes;
"(4) methods of analyzing content of pipeline throughput;
"(5) pipeline security, including improving the real-time surveillance of pipeline rights-of-way, developing tools for evaluating and enhancing pipeline security and infrastructure, reducing natural, technological, and terrorist threats, and protecting first response units and persons near an incident;
"(6) risk assessment methodology, including vulnerability assessment and reduction of third-party damage;
"(7) communication, control, and information systems surety;
"(8) fire safety of pipelines;
"(9) improved excavation, construction, and repair technologies;
"(10) corrosion detection and improving methods, best practices, and technologies for identifying, detecting, preventing, and managing internal and external corrosion and other safety risks; and
"(11) other appropriate elements.
The results of activities carried out under paragraph (10) shall be used by the participating agencies to support development and improvement of national consensus standards.
"(d)
"(1)
"(2)
"(3)
"(A)
"(B)
"(C)
"(i) at least 30 percent of the costs of technology research and development activities may be carried out using non-Federal sources;
"(ii) at least 20 percent of the costs of basic research and development with universities may be carried out using non-Federal sources; and
"(iii) up to 100 percent of the costs of research and development for purely governmental purposes may be carried out using Federal funds.
"(e)
"(f)
"(g)
"(h)
"(1) implement processes and procedures to ensure that activities listed under subsection (c), to the greatest extent practicable, produce results that are peer-reviewed by independent experts and not by persons or entities that have a financial interest in the pipeline, petroleum, or natural gas industries, or that would be directly impacted by the results of the projects; and
"(2) submit to the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the processes and procedures implemented under paragraph (1).
"(i)
"(1)
"(2)