102d CONGRESS
2d Session
S. 1583
AMENDMENTS
S 1583 EAH
In the House of Representatives, U. S.,
September 15, 1992.
Resolved, That the bill from the Senate (S. 1583) entitled `An Act to
amend the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid
Pipeline Safety Act of 1979 to authorize appropriations and to improve
pipeline safety, and for other purposes', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause, and insert:

76aa4f8d8acea9c88386470f6cdb0bbf4f56610a4cf8bfe8738fdf841fe6b629

(a) SHORT TITLE- This Act may be cited as the `Pipeline Safety Act of 1992'.
(b) TABLE OF CONTENTS-

dd035af5b8c30612949743fb05f1a0d70f844f3587c1758095ae269ad93e3dd0

4748244275f2c7f14076a4eb946355039ddbdbf5af4526e85c745f000ea138ac

TITLE V

-HAZARDOUS MATERIALS TRANSPORTATION ACT TECHNICAL AMENDMENTS

(a) FEDERAL SAFETY STANDARDS AND REPORTS- Section 3(a) of the Natural Gas
Pipeline Safety Act of 1968 (49 U.S.C. App. 1672(a)) is amended--
(1) in paragraph (1) by inserting `and the protection of the environment'
after `need for pipeline safety';
(2) in paragraph (1)(D) by inserting `and the protection of the environment'
after `contribute to public safety'; and
(3) in paragraph (3)(A) by striking `or property' and inserting `, property,
or the environment'.
(b) CORRECTIVE ACTION- Section 12(b) of such Act (49 U.S.C. App. 1679b(b))
is amended--
(1) in paragraph (1) by striking `or property,' and inserting `, property,
or the environment,';
(2) in paragraph (2)(A) by striking `or property,' and inserting `,
property, or the environment,';
(3) in paragraph (2)(B)--
(A) by striking `or property,' and inserting `, property, or the
environment,'; and
(B) by striking `or property.' and inserting `, property, or the
environment.'; and
(4) in paragraph (5) by striking `or property.' and inserting `, property,
or the environment.'.

58e58410bd8e644979d72ed20d2d08b41bf6e413bca7d0dc6e99d6ca2b097cd1

TITLE I

-NATURAL GAS PIPELINE SAFETY

(a) PIPELINE INVENTORY- Section 3 of the Natural Gas Pipeline Safety Act
of 1968 (49 U.S.C. App. 1672) is amended--
(1) in subsection (f)--
(A) by inserting `(and, to the extent the Secretary considers necessary,
operators of gathering lines that are not regulated gathering lines as such
term is defined pursuant to section 21(b))' after `subject to this Act'; and
(B) by inserting after the first sentence the following new sentence:
`Such inventory shall also include an identification of each of the
pipeline facilities of such operator which pass through an area described
in regulations issued under subsection (i)(1).'; and
(2) by adding at the end the following new subsection:
`(i) HIGH-DENSITY POPULATION AREAS-
`(1) IDENTIFICATION OF FACILITIES- Not later than 2 years after the date
of the enactment of this subsection, the Secretary shall issue regulations
establishing criteria for the identification, by operators of pipeline
facilities, of all pipeline facilities that are located in high-density
population areas. Such regulations shall provide for such identification
to be carried out through the inventory required under subsection (f).
`(2) EXCLUSION OF NATURAL GAS DISTRIBUTION LINES- Natural gas distribution
lines shall not be included among pipeline facilities required to be
identified pursuant to paragraph (1).'.
(b) MAPS- Section 3(e)(2) of such Act is amended by inserting `including
an identification of areas described in regulations issued under subsection
(i)(1),' after `supplementary geographic description,'.
(c) INSPECTION AND MAINTENANCE PLANS- Section 13(a)(4) of such Act (49
U.S.C. App. 1680(a)(4)) is amended by inserting `and the protection of
the environment' after `public safety'.

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Section 3(g) of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1672(g)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively;
(2) by inserting `(1) FEDERAL SAFETY STANDARDS- ' after `INSPECTION DEVICES-
';
(3) by indenting paragraph (1), as designated by paragraph (2) of this
subsection, and moving such paragraph (1) (including subparagraphs (A) and
(B), as designated by paragraph (1) of this subsection) 2 ems to the right;
(4) by adding at the end of paragraph (1), as designated by paragraph (2)
of this subsection, the following new sentence: `The Secretary may extend
such regulation to require existing transmission 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.'; and
(5) by adding at the end the following new paragraph:
`(2) PERIODIC INSPECTIONS- Not later than 3 years after the date of
the enactment of this paragraph, the Secretary shall issue regulations
requiring the periodic inspection of each pipeline identified pursuant to
subsection (i) by the operator of the pipeline. In issuing the regulations,
the Secretary shall prescribe the circumstances, if any, under which such
inspections shall be conducted with an instrumented internal inspection
device. In those circumstances under which an instrumented internal
inspection device is not required, the Secretary shall require the use of
an inspection method that is at least as effective as the use of such a
device in providing for the safety of the pipeline.'.

ac0042c0a270843324960308bb35235837792d0b589bb1d8119bb880c7e58001

Section 3 of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1672) is further amended by adding at the end the following
new subsection:
`(j) EXCESS FLOW VALVES-
`(1) REGULATIONS PRESCRIBING INSTALLATION CIRCUMSTANCES- Not later than 18
months after the date of the enactment of this subsection, the Secretary
shall issue regulations prescribing the circumstances, if any, under which
operators of natural gas distribution systems must install excess flow
valves in such systems. In prescribing such circumstances, the Secretary
shall consider--
`(A) the system design pressure and the system operating pressure;
`(B) the types of customers to which the distribution system supplies
natural gas, including hospitals, schools, and commercial enterprises;
`(C) the technical feasibility and cost of the installation of such valves;
`(D) the public safety benefits of the installation of such valves;
`(E) the location of customer meters; and
`(F) such other factors as the Secretary determines to be relevant.
`(2) REGULATIONS PRESCRIBING NOTIFICATION TO CUSTOMERS OF AVAILABILITY-
Not later than 2 years after the date of the enactment of this subsection,
the Secretary shall issue regulations requiring operators of natural gas
distribution systems to notify, in writing, their customers with lines in
which excess flow valves are not required by law, but can be installed in
accordance with the performance standards developed under paragraph (4)--
`(A) of the availability of excess flow valves for installation in such
systems,
`(B) of any safety benefits to be derived from the installation, and
`(C) of any costs associated with the installation.
Such regulations shall provide that, except in circumstances under which the
installation is required under paragraph (1), excess flow valves shall be
installed at the request of a customer if the customer will pay all costs
associated with the installation.
`(3) REPORT- If the Secretary determines under paragraph (1) that there
are no circumstances under which operators must install excess flow valves,
the Secretary shall transmit to Congress, not later than 30 days after the
date of such determination, a report on the reasons for such determination.
`(4) PERFORMANCE STANDARDS- Not later than 18 months after the date of the
enactment of this paragraph, the Secretary shall develop standards for
the performance of excess flow valves used to protect lines in natural
gas distribution systems. Such standards shall be incorporated into any
regulations issued by the Secretary under this subsection. All installations
of excess flow valves shall be made in accordance with such standards.
`(5) APPLICABILITY OF REGULATIONS AND STANDARDS- Regulations and standards
issued under paragraphs (1), (2), and (4) shall only apply to--
`(A) natural gas distribution systems installed after the effective date
of such regulations; and
`(B) other natural gas distribution systems where repairs to such system
require the replacement of parts in a manner to accommodate the installation
of excess flow valves.'.

4aaea6e55c7438cf9424252a8a01ea10b6a513a2a1acb16ddeaec2cfc08e1ba7

Section 4 of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1673) is amended--
(1) in subsection (a)(3) by striking the period and inserting `, including
2 members who have education, background, or experience in environmental
protection or public safety. At least 1 of the members selected under this
paragraph shall have no financial interests in the pipeline, petroleum,
or natural gas industries.'; and
(2) in subsection (b) by inserting after the sixth sentence the following
new sentence: `The Committee, if requested by the Secretary, shall make
recommendations to the Secretary concerning policy development.'.

186aa9677bb26c34faf1b9c532e5da4efd2faf87e2fbd1a101e1270aaf2da4e9

Section 3(a)(1) of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1672(a)(1)) is further amended--
(1) in the third sentence by striking `may' and inserting `shall'; and
(2) by inserting after the third sentence the following new sentence: `Such
certification may, as the Secretary considers appropriate, be performed by
the operator. Such testing and certification shall address the ability to
recognize and appropriately react to abnormal operating conditions which
may indicate a dangerous situation or a condition exceeding design limits.'.

3cb06c107a032becce891bfba6e67ea2a80e0e2dcccf9c1a17a35c6cbf2827c0

Section 13 of the Natural Gas Pipeline Safety Act of 1968 (49
App. U.S.C. 1680) is amended by adding at the end the following new
subsection:
`(c) REPLACEMENT OF CAST IRON PIPELINES- The Secretary shall publish a
notice as to the availability of the industry guidelines, developed by
the Gas Piping Technology Committee, for the replacement of cast iron
pipelines. Within 2 years after the industry guidelines become available,
the Secretary shall conduct a survey of operators with cast iron pipe in
their systems to determine the extent to which each operator has adopted a
plan for the safe management and replacement of cast iron, the elements of
the plan, including anticipated rate of replacement, and the progress that
has been made. Chapter 35 of title 44,  United States Code (relating to
coordination of Federal information policy), shall not apply to the conduct
of such survey. Nothing in this section shall preclude the Secretary from
developing such Federal guidelines or regulations with respect to cast
iron pipelines as the Secretary deems appropriate.'.

235d12432a4f3be8b87426660c82f3b12231d097f7187262a1b0302d6a8e5cdd

Section 3(h) of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1672(h)) is amended--
(1) in paragraph (2)(A) by striking `pipeline facility operators described in
paragraph (1)(A)' and inserting `operators of pipeline facilities described
in paragraph (3)';
(2) in paragraph (2)(B) by striking `paragraph (1)(A)' and inserting
`paragraph (3)';
(3) in paragraph (3) by striking `periodic inspection program' and all
that follows through `and its inlets' and inserting the following:
`periodic inspection program of--
`(A) all offshore pipeline facilities; and
`(B) any other pipeline facilities which cross under, over, or through
navigable waters, as such term is defined by the Secretary, if the location
of such pipeline facilities in such navigable waters could pose a hazard
to navigation or public safety, as determined by the Secretary';
(4) in paragraph (4) by striking `offshore pipeline facility' and inserting
`pipeline facility described in paragraph (3)'; and
(5) by adding at the end the following new paragraph:
`(5) SUPPLEMENTARY INITIAL INSPECTION-
`(A) REQUIREMENT- Not later than--
`(i) 3 years after the date of the enactment of this paragraph; or
`(ii) 6 months after the establishment of standards under subparagraph (D),
whichever occurs first, the operator of each offshore pipeline facility not
described in paragraph (1)(A) shall inspect such pipeline facility and report
to the Secretary on any portion of the pipeline facility which is exposed or
is a hazard to navigation. This subparagraph shall apply only to pipeline
facilities between the high water mark and the point where the subsurface
is under 15 feet of water, as measured from mean low water.
`(B) EXTENSION- The Secretary may extend the time period for compliance under
subparagraph (A) with respect to a pipeline facility for an additional period
of up to 6 months if the operator of the pipeline facility demonstrates
to the satisfaction of the Secretary that a good faith effort, with due
diligence and care, has failed to enable compliance with the deadline
under subparagraph (A).
`(C) PRIOR INSPECTION RECOGNITION- Any inspection of a pipeline facility
which has occurred after October 3, 1989, may be used for compliance with
subparagraph (A) if the inspection conforms to the requirements of that
subparagraph.
`(D) ESTABLISHMENT OF STANDARDS- The Secretary shall, within 2 years after
the date of the enactment of this paragraph, establish, for the purposes
of this paragraph, standards--
`(i) for what constitutes an exposed pipeline facility; and
`(ii) for what constitutes a hazard to navigation.'.

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(a) DEFINITION OF TRANSPORTATION OF GAS-
(1) AMENDMENTS- Section 2(3) of the Natural Gas Pipeline Safety Act of 1968
(49 U.S.C. App. 1671(3)) is amended--
(A) by inserting `, other than gathering through regulated gathering lines,'
after `include the gathering of gas'; and
(B) by inserting `, but such term shall include the movement of gas through
regulated gathering lines' after `a nonrural area'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect on
the effective date of the regulations required under section 21 of the Natural
Gas Pipeline Safety Act of 1968, as added by subsection (b) of this section.
(b) REGULATIONS DEFINING GATHERING LINES- Such Act is further amended by
adding at the end the following new section:
`SEC. 21. GATHERING LINES.
`(a) GATHERING LINES DEFINED- The Secretary shall, within 2 years after
the date of the enactment of this section, define by regulation the term
`gathering line'. In defining such term, the Secretary shall consider
functional and operational characteristics of the lines to be included in
the definition and shall not be bound by any classifications established
by the Federal Energy Regulatory Commission under the Natural Gas Act.
`(b) REGULATED GATHERING LINES DEFINED- The Secretary shall, within 3 years
after the date of the enactment of this section, define by regulation the
term `regulated gathering line'. In defining such term, the Secretary shall
consider such factors as location, length of line from the well site,
operating pressure, throughput, and the composition of the transported
gas in determining the types of lines which are functionally gathering
but which, due to specific physical characteristics, warrant regulation
under this Act.'.

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(a) PROPERTY  DAMAGE THRESHOLD- Section 5(a)(ii) of the Natural Gas Pipeline
Safety Act of 1968 (49 U.S.C. App. 1674(a)(ii)) is amended by striking
`$5,000' and inserting `an amount established by the Secretary'.
(b) DATE OF ANNUAL REPORT TO CONGRESS- Section 16(a) of such Act (49
U.S.C. App. 1683(a)) is amended by striking `April 15' and inserting
`August 15'.

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The first sentence of section 5(a) of the Natural Gas Pipeline Safety Act
of 1968 (49 U.S.C. App. 1674(a)) is amended by striking `when' and inserting
`to the extent that'.

5ed76394b1fcd0f5287dce06acaf41f2c3114865fc9a03dff75535fbf4524b16

(a) MAXIMUM CIVIL PENALTY- Section 11(a)(1) of the Natural Gas Pipeline
Safety Act of 1968 (49 U.S.C. App. 1679a(a)(1)) is amended by striking
`$10,000' and inserting `$25,000'.
(b) ENFORCEMENT ORDERS- Section 14 of such Act (49 U.S.C. App. 1681)
is amended by adding at the end the following new subsection:
`(f) ENFORCEMENT ORDERS- In case of contumacy or refusal to obey a subpoena,
or refusal to allow officers, employees, or agents authorized by the
Secretary to enter, conduct inspections, or examine records and properties
for purposes of determining compliance with this Act, by any person who
resides, is found, or transacts business within the jurisdiction of any
district court of the United States, such district court shall, upon the
request of the Attorney General, acting at the request of the Secretary,
have jurisdiction to issue to such person an order requiring such person
to comply forthwith. Failure to obey such an order is punishable by that
court as a contempt of court.'.

8ea577fb4244d1f7318ae02dc190aa437252464b28142661633141213e7b0a08

(a) IN GENERAL- Section 12(b) of the Natural Gas Pipeline Safety Act of 1968
(49 U.S.C. App. 1679b(b)) is amended by adding at the end the following
new paragraph:
`(6) OPPORTUNITY FOR STATE COMMENT- The Secretary shall provide,
to appropriate State officials responsible for pipeline safety in any
State in which a pipeline facility is located, notice and an opportunity
to comment on any agreement proposed to be entered into by the Secretary
to resolve a proceeding initiated under this section with respect to such
pipeline facility. Comment submitted under this paragraph shall incorporate
comments of affected local officials.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on the 180th day following the date of the enactment of this Act.

11370e0cd5f83dfac9457e664785a78edd6d889b4e5afdc3d1d7d44596cf7bec

Section 17(a) of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1684(a)) is amended--
(1) by striking `and' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting a
semicolon; and
(3) by inserting after paragraph (9) the following new paragraphs:
`(10) $6,405,000 for the fiscal year ending September 30, 1992;
`(11) $6,857,000 for the fiscal year ending September 30, 1993;
`(12) $7,000,000 for the fiscal year ending September 30, 1994; and
`(13) $7,500,000 for the fiscal year ending September 30, 1995.'.

dfa5915d8e1f969131cad0638ba4a84ef2a9f411c433c6a10481ce0883a912d4

(a) SERVICE LINE MAINTENANCE INFORMATION- Section 18 of the Natural Gas
Pipeline Safety Act of 1968 (49 U.S.C. App. 1685) is amended--
(1) by inserting `(a) PUBLIC EDUCATION PROGRAM- ' before `Each person'; and
(2) by adding at the end the following new subsection:
`(b) SERVICE LINE MAINTENANCE INFORMATION- Not later than 1 year after
the date of the enactment of this subsection, the Secretary shall issue
regulations requiring operators of natural gas distribution pipelines
which do not maintain customer-owned service lines up to building walls
to advise their customers of the requirements for maintenance of those
lines, any resources known to the operator that could aid customers in
doing such maintenance, any information that the operator has concerning
the operation and maintenance of its lines that could aid customers,
and the potential hazards of not maintaining service lines.'.
(b) MAINTENANCE OF CUSTOMER-OWNED SERVICE LINES-
(1) DOT SAFETY REVIEW- Within 18 months after the date of the enactment
of this Act, the Secretary of Transportation shall conduct a review
of Department of Transportation and State rules, policies, procedures,
and other measures with respect to the safety of customer-owned natural
gas service lines, including the effectiveness of such rules, policies,
procedures, and other measures. The Secretary of Transportation shall include
in the review an evaluation of the extent to which lack of maintenance of
customer-owned natural gas service lines raises safety concerns and shall
make recommendations regarding maintenance of such lines, including the
need for any legislative changes or regulatory action. In conducting the
review and developing the recommendations, the Secretary of Transportation
shall consider the following factors: State and local law, including law
governing private property and rights, and including State pipeline safety
regulation of distribution operators; the views of State and local regulatory
authorities; the extent of operator compliance with the program for advising
customers regarding maintenance of such lines required under section 18(b) of
the Natural Gas Pipeline Safety Act of 1968; available accident information;
the recommendations of the National Transportation Safety Board; costs; the
civil liability implications of distribution operators taking responsibility
for customer-owned service lines; and whether the service line maintenance
information program required under such section 18(b) sufficiently addresses
safety risks and concerns involving customer-owned service lines.
(2) OPERATION AND MAINTENANCE RESPONSIBILITY- Within 18 months after the
date of the enactment of this Act, the Secretary of Transportation shall
conduct, with the participation of the operators of natural gas distribution
facilities, a survey of owners of customer-owned service lines to determine
the views of such owners regarding whether distribution companies should
assume responsibility for the operation and maintenance of customer-owned
service lines. In conducting the survey, the Secretary of Transportation
shall ensure that such customers are aware of any potential safety benefits,
any potential implementation issues (including any property rights or cost
issues), the recommendations of the National Transportation Safety Board,
and accidents that have occurred, related to customer-owned service lines.
(3) APPLICABILITY- Chapter 35 of title 44, United States Code (relating to
coordination of Federal information policy) shall not apply to the conduct
of the review or survey under this subsection.
(4) REPORT- Not later than 2 years after the date of the enactment of this
Act, the Secretary of Transportation shall transmit to Congress a report
on the results of the review and survey conducted under this subsection,
together with any recommendations (including legislative recommendations)
regarding maintenance of customer-owned natural gas service lines.
(c) SAFETY MEASURES- Section 3 of the Natural Gas Pipeline Safety Act of
1968 (14 U.S.C. App. 1672) is further amended by adding at the end the
following new subsection:
`(k) SAFETY MEASURES- The Secretary shall, within 1 year after transmitting
the report required by section 115(b) of the Pipeline Safety Act of 1992,
taking into consideration such report, and in cooperation and coordination
with appropriate State and local authorities, take action, as appropriate,
to promote the adoption of measures that would improve the safety of
customer-owned service lines.'.

1ba2402e6c4c9c6da620ed181dd8b53b5b3f1ecbb7b83095d474ac08c8fd5bbd

Section 3(a)(1) of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1672(a)(1)) is further amended by inserting `that has submitted
a current certification under section 5(a)' after `Any State agency'.

ab0232a9204ab38d5d1a25e3a1d8c1d17b5c5806154bcbbb756e47045fa3adc5

Section 3(h) of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1672(h)) is further amended by adding at the end the following
new paragraph:
`(6) ABANDONED PIPELINE FACILITIES-
`(A) TREATMENT- For the purposes of this subsection, except with respect
to the initial inspection required under paragraph (1), the term `pipeline
facilities' includes underwater abandoned pipeline facilities. For the
purposes of this subsection, in a case where such a pipeline facility has
no current operator, the most recent operator of such pipeline facility
shall be deemed to be the operator of such pipeline facility.
`(B) REGULATIONS-
`(i) IDENTIFICATION OF HAZARDS- In issuing regulations under paragraph
(3), the Secretary shall identify what constitutes a hazard to navigation
with respect to underwater abandoned pipeline facilities.
`(ii) OTHER REQUIREMENTS- In issuing regulations under paragraphs (3) and
(4) regarding underwater pipeline facilities abandoned after the date of
the enactment of this paragraph, the Secretary shall--
`(I) include such requirements as will lessen the potential that such
pipeline facilities will pose a hazard to navigation; and
`(II) take into consideration the relationship between water depth and
navigational safety and factors relevant to the local marine environment.
`(C) REPORTING REQUIREMENTS-
`(i) FORM- The operator of a pipeline facility abandoned after the date
of the enactment of this paragraph shall report such abandonment to the
Secretary in a manner specifying whether the facility has been properly
abandoned according to applicable Federal and State requirements.
`(ii) PRE-ENACTMENT ABANDONED PIPELINES- Within 3 years after the date
of the enactment of this paragraph, the operator of a pipeline facility
abandoned before the date of the enactment of this paragraph shall report
to the Secretary reasonably available information, including information
in the possession of third parties, relating to the abandoned pipeline
facility. Such information shall include the location, size, date, and
method of abandonment, whether the pipeline had been properly abandoned
pursuant to applicable law, and such other relevant information as the
Secretary may require. The Secretary shall, within 18 months after the
date of the enactment of this subsection, specify the manner in which such
information shall be reported.
`(iii) MAINTENANCE OF RECORDS BY UNITED STATES- The Secretary shall
ensure that the information reported under clause (ii) is maintained by
the Federal Government in a manner accessible to the appropriate Federal
and State agencies.
`(iv) COLLISIONS- The Secretary shall request that State agencies which
have information on collisions between vessels and underwater pipeline
facilities report such information to the Secretary in a timely manner
and make a reasonable effort to specify the location, date, and severity
of such collisions. Chapter 35 of title 44, United States Code, relating
to coordination of Federal information policies, shall not apply to the
collection of information under this clause.
`(D) ABANDONED DEFINED- For purposes of this paragraph, the term `abandoned'
means permanently removed from service.'.

10da3b8c11cbf6dc692b882e8fd8eeaa384633d6e8c9920d58a8a0bf99a5c217

The first section of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1671 note) is amended to read as follows:
`SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
`(a) SHORT TITLE- This Act may be cited as the `Natural Gas Pipeline Safety
Act of 1968'.
`(b) TABLE OF CONTENTS-
`Sec. 1. Short title; table of contents.
`Sec. 2. Definitions.
`Sec. 3. Standards established.
`Sec. 4. Technical Pipeline Safety Standards Committee.
`Sec. 5. State certifications and agreements.
`Sec. 6. Standards for LNG facilities.
`Sec. 7. Financial responsibility for certain LNG activities; studies.
`Sec. 8. Judicial review.
`Sec. 9. Cooperation with Federal Energy Regulatory Commission and State
commissions.
`Sec. 10. Compliance.
`Sec. 11. Penalties.
`Sec. 12. Specific relief.
`Sec. 13. Inspection and maintenance plans.
`Sec. 14. Powers and duties of the Secretary.
`Sec. 15. Natural gas safety cooperation and coordination.
`Sec. 16. Annual report.
`Sec. 17. Appropriations authorized.
`Sec. 18. Consumer education.
`Sec. 19. Citizen's civil action.
`Sec. 20. Minimum requirements for one-call notification systems.
`Sec. 21. Gathering lines.'.

ee2001515c0562f22c93b042e0e84fd96ee3c2fa1188812553bf32ac6e5a7501

(a) FEDERAL SAFETY STANDARDS AND REPORTS- Section 203 of the Hazardous
Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2002) is amended--
(1) in subsection (a)(1) by inserting `and the protection of the environment'
after `safe transportation of hazardous liquids';
(2) in subsection (a)(2)(A) by striking `or property' and inserting `,
property, or the environment'; and
(3) in subsection (b)(4) by inserting `and the protection of the environment'
after `contribute to public safety'.
(b) CORRECTIVE ACTION- Section 209(b) of such Act (49 U.S.C. App. 2008(b))
is amended--
(1) in paragraph (1) by striking `or property,' and inserting `, property,
or the environment,';
(2) in paragraph (2)(A) by striking `or property,' and inserting `,
property, or the environment,';
(3) in paragraph (2)(B)--
(A) by striking `or property,' and inserting `, property, or the
environment,'; and
(B) by striking `or property.' and inserting `, property, or the
environment.';
(4) in paragraph (3)(C) by inserting `proximity of such areas to
environmentally sensitive areas,' after `associated with such areas,'; and
(5) in paragraph (5) by striking `or property.' and inserting `, property,
or the environment.'.

b29742903bb76e691d6afb8086ddce82064dd7e6d8fea3ae64f9f1874b5ef834

TITLE II

-HAZARDOUS  LIQUID PIPELINE SAFETY

(a) PIPELINE INVENTORY- Section 203 of the Hazardous Liquid Pipeline Safety
Act of 1979 (49 U.S.C. App. 2002) is amended--
(1) in subsection (j)--
(A) by inserting `(and, to the extent the Secretary considers necessary,
operators of gathering lines that are not regulated gathering lines as
such term is defined pursuant to section 220(b))' after `subject to this
title'; and
(B) by inserting after the first sentence the following new sentence:
`Such inventory shall also include an identification of each of the pipeline
facilities and gathering lines of such operator which pass through an area
described in regulations issued under subsection (m), whether or not such
pipeline facility or gathering line is otherwise subject to regulation
under this Act.'; and
(2) by adding at the end the following new subsection:
`(m) ENVIRONMENTALLY SENSITIVE AND HIGH-DENSITY POPULATION AREAS- Not
later than 2 years after the date of the enactment of this subsection,
the Secretary shall issue regulations establishing criteria for the
identification, by operators of pipeline facilities and operators of
gathering lines, of--
`(1) all pipeline facilities and gathering lines, whether otherwise subject
to regulation under this Act or not, that are located in areas that are
described, by the Secretary in consultation with the Administrator of the
Environmental Protection Agency, as unusually sensitive to environmental
damage in the event of a pipeline accident; and
`(2) all pipeline facilities, whether otherwise subject to regulation
under this Act or not, that--
`(A) cross a navigable waterway, as such term is defined by the Secretary
by regulation; or
`(B) are located in areas that are described in such criteria as high-density
population areas.
Such regulations shall provide for such identification to be carried out
through the inventory required under subsection (j). In describing areas that
are unusually sensitive to environmental damage, the Secretary shall consider
including earthquake zones and areas subject to substantial ground movements
such as landslides; areas where ground water contamination would be likely in
the event of the rupture of a pipeline facility; freshwater lakes, rivers,
and waterways; and river deltas and other areas subject to soil erosion or
subsidence from flooding or other water action, where pipeline facilities
are likely to become exposed or undermined.'.
(b) MAPS- Section 203(i)(2) of such Act (49 U.S.C. App. 2002(i)(2)) is
amended by inserting `including an identification of areas described in
regulations issued under subsection (m),' after `supplementary geographic
description,'.
(c) INSPECTION AND MAINTENANCE PLANS- Section 210 of such Act (49
U.S.C. App. 2009) is amended--
(1) in subsection (b)(4) by inserting `and the protection of the environment'
after `public safety'; and
(2) in each of subsections (c)(2)(D) and (d)(2)(D) by inserting `the
proximity of such areas to areas that are unusually sensitive to
environmental damage,' after `pipeline facilities are located,'.

13f56a01ab3464e06e1971e6dd3295a60d0efdfd2246b1b37ba22e120560e964

Section 203(k) of the Hazardous Liquids Pipeline Safety Act of 1979 (49
U.S.C. App. 2002(k)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively;
(2) by inserting `(1) FEDERAL SAFETY STANDARDS- ' after `INSPECTION DEVICES-
';
(3) by indenting paragraph (1), as designated by paragraph (2) of this
subsection, and moving such paragraph (1) (including subparagraphs (A) and
(B), as designated by paragraph (1) of this subsection) 2 ems to the right;
(4) by adding at the end of paragraph (1), as designated by paragraph
(2) of this subsection, the following new sentence: `The Secretary may
extend such regulation to require existing transmission 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.'; and
(5) by adding at the end the following new paragraph:
`(2) PERIODIC INSPECTIONS- Not later than 3 years after the date of
the enactment of this paragraph, the Secretary shall issue regulations
requiring the periodic inspection of each pipeline identified pursuant to
subsection (m) by the operator of the pipeline. In issuing the regulations,
the Secretary shall prescribe the circumstances, if any, under which such
inspections shall be conducted with an instrumented internal inspection
device. In those circumstances under which an instrumented internal
inspection device is not required, the Secretary shall require the use of
an inspection method that is at least as effective as the use of such a
device in providing for the safety of the pipeline.'.

4e17d8e1deb9e77ceca5dad167041a257db9b9ce8aacff42c3b819b3549d739b

Section 204 of the Hazardous Liquid Pipeline Safety Act of 1979 (49
U.S.C. App. 2003) is amended--
(1) in subsection (a)(3) by striking the period and inserting `, including
2 members who have education, background, or experience in environmental
protection or public safety. At least 1 of the members selected under this
paragraph shall have no financial interests in the pipeline, petroleum,
or natural gas industries.'; and
(2) in subsection (b) by inserting after the sixth sentence the following
new sentence: `The Committee, if requested by the Secretary, shall make
recommendations to the Secretary concerning policy development.'.

a9ac49050f7a62bd561c9a54a8fe018b6953a00cfa67c7df4f8d13f8f34c5f84

Section 203(c) of the Hazardous Liquid Pipeline Safety Act of 1979 (49
U.S.C. App. 2002(c)) is amended--
(1) in the second sentence by striking `may' and inserting `shall'; and
(2) by inserting after the second sentence the following new sentence: `Such
certification may, as the Secretary considers appropriate, be performed by
the operator. Such testing and certification shall address the ability to
recognize and appropriately react to abnormal operating conditions which
may indicate a dangerous situation or a condition exceeding design limits.'.

dedf8ee7baec91f363cbd92c5466135b0121e8f7db95650a818c67cad092dda6

Section 203(b) of the Hazardous Liquid Pipeline Safety Act of 1979 (49
U.S.C. App. 2002(b)) is further amended by inserting after paragraph (4)
the following new sentence:
`In exercising any discretion under this Act, the Secretary shall not
provide an exception to regulation under this Act for any pipeline facility
solely on the basis of the fact that such pipeline facility operates at low
internal stress.'.

a868cdc3c3e1b8de97e18d7bba8dc3a2751037124e68eee00811d51cad4cd7a8

Section 203(l) of the Hazardous Liquid Pipeline Safety Act of 1979 (49
U.S.C. App. 2002(l)) is amended--
(1) in paragraph (2)(A) by striking `pipeline facility operators described in
paragraph (1)(A)' and inserting `operators of pipeline facilities described
in paragraph (3)';
(2) in paragraph (2)(B) by striking `paragraph (1)(A)' and inserting
`paragraph (3)';
(3) in paragraph (3) by striking `periodic inspection program' and all
that follows through `and its inlets' and inserting the following:
`periodic inspection program of--
`(A) all offshore pipeline facilities; and
`(B) any other pipeline facilities which cross under, over, or through
navigable waters, as such term is defined by the Secretary, if the location
of such pipeline facilities in such navigable waters could pose a hazard
to navigation or public safety, as determined by the Secretary';
(4) in paragraph (4) by striking `offshore pipeline facility' and inserting
`pipeline facility described in paragraph (3)'; and
(5) by adding at the end the following new paragraphs:
`(5) TRANSFER PIPELINE FACILITIES- The Secretary shall not exempt from
regulation under this Act any offshore pipeline facility solely on the
basis of the fact that such pipeline facility serves to transfer hazardous
liquids in underwater pipelines between vessels and onshore facilities.
`(6) SUPPLEMENTARY INITIAL INSPECTION-
`(A) REQUIREMENT- Not later than--
`(i) 3 years after the date of the enactment of this paragraph; or
`(ii) 6 months after the establishment of standards under subparagraph (D),
whichever occurs first, the operator of each offshore pipeline facility not
described in paragraph (1)(A) shall inspect such pipeline facility and report
to the Secretary on any portion of the pipeline facility which is exposed or
is a hazard to navigation. This subparagraph shall apply only to pipeline
facilities between the high water mark and the point where the subsurface
is under 15 feet of water, as measured from mean low water.
`(B) EXTENSION- The Secretary may extend the time period for compliance under
subparagraph (A) with respect to a pipeline facility for an additional period
of up to 6 months if the operator of the pipeline facility demonstrates
to the satisfaction of the Secretary that a good faith effort, with due
diligence and care, has failed to enable compliance with the deadline
under subparagraph (A).
`(C) PRIOR INSPECTION RECOGNITION- Any inspection of a pipeline facility
which has occurred after October 3, 1989, may be used for compliance with
subparagraph (A) if the inspection conforms to the requirements of that
subparagraph.
`(D) ESTABLISHMENT OF STANDARDS- The Secretary shall, within 2 years after
the date of the enactment of this paragraph, establish, for the purposes
of this paragraph, standards--
`(i) for what constitutes an exposed pipeline facility; and
`(ii) for what constitutes a hazard to navigation.'.

dff58113f8d95cc8eca32cbf7d42676b9235f9ff45691224b2af31c9f1a79c5a

(a) DEFINITION OF TRANSPORTATION OF HAZARDOUS LIQUIDS-
(1) AMENDMENTS- Section 202(3) of the Hazardous Liquid Pipeline Safety
Act of 1979 (49 U.S.C. App. 2001(3)) is amended--
(A) by striking `any such';
(B) by inserting `, other than regulated gathering lines,' after `through
gathering lines'; and
(C) by inserting `, but such term shall include the movement of hazardous
liquids through regulated gathering lines' after `any of such facilities'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect
on the effective date of the regulations required under section 220 of
the Hazardous Liquid Pipeline Safety Act of 1979, as added by subsection
(b) of this section.
(b) REGULATIONS DEFINING GATHERING LINES- Such Act is further amended by
adding at the end the following new section:
`SEC. 220. GATHERING LINES.
`(a) GATHERING LINES DEFINED- The Secretary shall, within 2 years after
the date of the enactment of this section, define by regulation the term
`gathering lines'.
`(b) REGULATED GATHERING LINES DEFINED- The Secretary shall, within 3 years
after the date of the enactment of this section, define by regulation the
term `regulated gathering lines'. In defining such term, the Secretary
shall consider such factors as location, length of line from the well
site, operating pressure, throughput, diameter, and the composition of the
transported hazardous liquid in determining the types of lines which are
functionally gathering but which, due to specific physical characteristics,
warrant regulation under this Act. Such definition shall not include crude
oil gathering lines that are of a nominal diameter of 6 inches or less,
are operated at low pressure, and are located in rural areas that are not
unusually sensitive to environmental damage.'.
(c) CONFORMING AMENDMENT- The table of contents contained in section 1(b)
of the Hazardous Liquid Pipeline Safety Act of 1979 is amended by adding
at the end the following new item:
`Sec. 220. Gathering lines.'.

ad6882aff1c0bebc91cc72d966ef454f2d77c53b785874940e290b6b47249b8c

(a) PROPERTY DAMAGE THRESHOLD- Section 205(a) of the Hazardous Liquid
Pipeline Safety Act of 1979 (49 U.S.C. App. 2004(a)) is amended by striking
`$5,000' and inserting `an amount established by the Secretary'.
(b) DATE OF ANNUAL REPORT TO CONGRESS- Section 213(a) of such Act (49
U.S.C. App. 2012(a)) is amended by striking `April 15' and inserting
`August 15'.

afb689fbe982220dc370aeadc2fdee4cf60bc5b34a7766e2777aa7e0606b187d

The first sentence of section 205(a) of the Hazardous Liquid Pipeline
Safety Act of 1979 (49 U.S.C. App. 2004(a)) is amended by striking `when'
and inserting `to the extent that'.

5affcf90c20ca6036d16f41ab032431fa221cfdea7b671b96c7b6d91d76785bd

(a) MAXIMUM CIVIL PENALTY- Section 208(a)(1) of the Hazardous Liquid
Pipeline Safety Act of 1979 (49 U.S.C. App. 2007(a)(1)) is amended by
striking `$10,000' and inserting `$25,000'.
(b) ENFORCEMENT ORDERS- Section 211 of such Act (49 U.S.C. App. 2010)
is amended by adding at the end the following new subsection:
`(f) ENFORCEMENT ORDERS- In case of contumacy or refusal to obey a subpoena,
or refusal to allow officers, employees, or agents authorized by the
Secretary to enter, conduct inspections, or examine records and properties
for purposes of determining compliance with this Act, by any person who
resides, is found, or transacts business within the jurisdiction of any
district court of the United States, such district court shall, upon the
request of the Attorney General, acting at the request of the Secretary,
have jurisdiction to issue to such person an order requiring such person
to comply forthwith. Failure to obey such an order is punishable by that
court as a contempt of court.'.

e959df8ee1eccaa32b76ce9b9d20da6dacab518a9b58fb2a16b40ff292d49355

Section 203 of the Hazardous Liquid Pipeline Safety Act of 1979 (49
U.S.C. App. 2002) is further amended by adding at the end the following
new subsection:
`(n) EMERGENCY FLOW RESTRICTING DEVICES-
`(1) SURVEY AND ASSESSMENT- The Secretary shall, within 2 years after
the date of the enactment of this subsection, 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 pipeline ruptures and minimize product
releases from pipeline facilities.
`(2) REGULATIONS- Not later than 2 years after the completion of the
survey and assessment required by paragraph (1), the Secretary shall
issue regulations prescribing the circumstances under which operators of
hazardous liquid pipeline facilities must use emergency flow restricting
devices and other procedures, systems, and equipment described in paragraph
(1) on such facilities.'.

2f000399886777e94ce39281d707d7a5de62fd11e79a208ccd26da3dd5fe5b66

(a) IN GENERAL- Section 209(b) of the Hazardous Liquid Pipeline Safety
Act of 1979 (49 U.S.C. App. 2008(b)) is amended by adding at the end the
following new paragraph:
`(6) OPPORTUNITY FOR STATE COMMENT- The Secretary shall provide,
to appropriate State officials responsible for pipeline safety in any
State in which a pipeline facility is located, notice and an opportunity
to comment on any agreement proposed to be entered into by the Secretary
to resolve a proceeding initiated under this section with respect to such
pipeline facility. Comment submitted under this paragraph shall incorporate
comments of affected local officials.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
on the 180th day following the date of the enactment of this Act.

9585b818daff4c4be53663aa3c1c0828cc39c8bcf0fc5c8868745e3a6ebdec65

Section 214(a) of the Hazardous Liquid Pipeline Safety Act of 1979 (49
U.S.C. App. 2013(a)) is amended--
(1) by striking `and' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting a
semicolon; and
(3) by inserting after paragraph (9) the following new paragraphs:
`(10) $1,600,500 for the fiscal year ending September 30, 1992;
`(11) $1,728,500 for the fiscal year ending September 30, 1993;
`(12) $1,866,800 for the fiscal year ending September 30, 1994; and
`(13) $2,000,000 for the fiscal year ending September 30, 1995.'.

1a730a031cf0f044fcc25d0c216ba6bbac638bd5ed4054e80e1a798c618e77a2

Section 203(d) of the Hazardous Liquid Pipeline Safety Act of 1979 (49
U.S.C. App. 2002(d)) is further amended by inserting `that has submitted
a current certification under section 205(a)' after `Any State agency'.

4b4e58367f4d25e346027cb5d31bc347fb13591a1b0531602ab7c6797b7e5ca6

Section 203(l) of the Hazardous Liquid Pipeline Safety Act of 1979 (49
U.S.C. App. 2002(l)) is further amended by adding at the end the following
new paragraph:
`(7) ABANDONED PIPELINE FACILITIES-
`(A) TREATMENT- For the purposes of this subsection, except with respect
to the initial inspection required under paragraph (1), the term `pipeline
facilities' includes underwater abandoned pipeline facilities. For the
purposes of this subsection, in a case where such a pipeline facility has
no current operator, the most recent operator of such pipeline facility
shall be deemed to be the operator of such pipeline facility.
`(B) REGULATIONS-
`(i) IDENTIFICATION OF HAZARDS- In issuing regulations under paragraph
(3), the Secretary shall identify what constitutes a hazard to navigation
with respect to underwater abandoned pipeline facilities.
`(ii) OTHER REQUIREMENTS- In issuing regulations under paragraphs (3) and
(4) regarding underwater pipeline facilities abandoned after the date of
the enactment of this paragraph, the Secretary shall--
`(I) include such requirements as will lessen the potential that such
pipeline facilities will pose a hazard to navigation; and
`(II) take into consideration the relationship between water depth and
navigational safety and factors relevant to the local marine environment.
`(C) REPORTING REQUIREMENTS-
`(i) FORM- The operator of a pipeline facility abandoned after the date
of the enactment of this paragraph shall report such abandonment to the
Secretary in a manner specifying whether the facility has been properly
abandoned according to applicable Federal and State requirements.
`(ii) PRE-ENACTMENT ABANDONED PIPELINES- Within 3 years after the date
of the enactment of this paragraph, the operator of a pipeline facility
abandoned before the date of the enactment of this paragraph shall report
to the Secretary reasonably available information, including information
in the possession of third parties, relating to the abandoned pipeline
facility. Such information shall include the location, size, date, and
method of abandonment, whether the pipeline had been properly abandoned
pursuant to applicable law, and such other relevant information as the
Secretary may require. Within 18 months after the date of the enactment
of this paragraph, the Secretary shall specify the manner in which such
information shall be reported.
`(iii) MAINTENANCE OF RECORDS BY UNITED STATES- The Secretary shall
ensure that the information reported under clause (ii) is maintained by
the Federal Government in a manner accessible to the appropriate Federal
and State agencies.
`(iv) COLLISIONS- The Secretary shall request that State agencies which
have information on collisions between vessels and underwater pipeline
facilities report such information to the Secretary in a timely manner
and make a reasonable effort to specify the location, date, and severity
of such collisions. Chapter 35 of title 44, United States Code, relating
to coordination of Federal information policies, shall not apply to the
collection of information under this clause.
`(D) ABANDONED DEFINED- For purposes of this paragraph, the term `abandoned'
means permanently removed from service.'.

49f744ebab4742d315aeeb1519ac83292e444816512c90b518829801dfc70466

Section 17(c) of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1684(c)) is amended by striking `and $5,500,000 for the fiscal
year ending September 30, 1991' and inserting `$5,500,000 for the fiscal
year ending September 30, 1991, $7,750,000 for the fiscal year ending
September 30, 1992, $7,750,000 for the fiscal year ending September 30,
1993, $9,000,000 for the fiscal year ending September 30, 1994, and
$10,000,000 for the fiscal year ending September 30, 1995'.

8b3d0076bdbda90c6e3a1d68bbda5d33ef7f5ee25ba276b3350e737c7b402886

TITLE III

-GENERALLY APPLICABLE PIPELINE SAFETY PROVISIONS

Section 9001(1)(D) of the Solid Waste Disposal Act (42 U.S.C. 6991(1)(D))
is amended to read as follows:
`(D) pipeline facility (including gathering lines)--
`(i) which is regulated under the Natural Gas Pipeline Safety Act of 1968
(49 U.S.C. App. 1671 et seq.),
`(ii) which is regulated under the Hazardous Liquid Pipeline Safety Act
of 1979 (49 U.S.C. App. 2001 et seq.), or
`(iii) which is an intrastate pipeline facility regulated under State
laws as provided in the provisions of law referred to in clause (i) or
(ii) of this subparagraph,
and which is determined by the Secretary to be connected to a pipeline or
to be operated or intended to be capable of operating at pipeline pressure
or as an integral part of a pipeline,'.

63f271460f675b7e5ae7705c657fac64f7dca0d74222e10093c66b6c016d3f94

Section 304(a)(1)(D) of the Independent Safety Board Act of 1974 (49
U.S.C. App. 1903(a)(1)(D)) is amended by inserting `or significant injury
to the environment' after `substantial property damage'.

0a9b26398736bd2669db4b44a412d76cd17f646fc7c5918c7d1effba71bbfb5a

(a) ONE-CALL ENFORCEMENT- Section 20 of the Natural Gas Pipeline Safety
Act of 1968 (49 U.S.C. App. 1687) is amended by adding at the end the
following new subsections:
`(g) VIOLATIONS- Any person who knowingly and willfully--
`(1) engages in excavation activities--
`(A) without first using an available one-call notification system
to determine the location of underground facilities in the area being
excavated; or
`(B) without heeding appropriate location information or markings established
by an operator of a natural gas or hazardous liquid pipeline facility; and
`(2) subsequently damages--
`(A) a natural gas pipeline facility resulting in death, serious bodily
harm, or actual damage to property exceeding $50,000; or
`(B) a hazardous liquid pipeline facility resulting in death, serious
bodily harm, actual damage to property exceeding $50,000, or release of
more than 50 barrels of product,
shall, upon conviction, be subject, for each offense, to a fine under title
18, United States Code, imprisonment for a term not to exceed 5 years, or both.
`(h) MARKING OF FACILITIES- Upon notification by an operator of a damage
prevention program or by a contractor, excavator, or other person planning to
carry out demolition, excavation, tunneling, or construction in the vicinity
of a natural gas or hazardous liquid pipeline facility, the operator of the
pipeline facility shall accurately mark, in a reasonable and timely manner,
the location of the pipeline facilities in the vicinity of such demolition,
excavation, tunneling, or construction.'.
(b) TECHNICAL AMENDMENTS- Subsections (a)(1) and (c)(1) of section 11 of
the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1678) are each
amended by inserting `or section 20(h)' after `section 10(a)'.
(c) NOTIFICATION OF OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION- The
Secretary of Transportation shall, in consultation with the Occupational
Safety and Health Administration, establish procedures to notify such
Administration of any pipeline accident in which an excavator, causing
damage to a pipeline, may have violated Occupational Safety and Health
Administration regulations.

97ba43757ac75686a578a2f7b4750cfd4975d8c8f4158750959af43dfb3d8b45

To the extent and in such amounts as are provided in advance in
appropriations Acts, the Secretary of Transportation, in fiscal year 1993,
shall employ and retain thereafter an additional 12 employees for regional or
field pipeline safety offices above the number of such employees authorized
for fiscal year 1992. The primary functions of such additional employees
shall be--
(1) to provide technical assistance and training to State pipeline inspectors
and to assist in the review and management of pipeline safety grants;
(2) to inspect pipeline facilities, including interstate and intrastate
hazardous liquid pipeline facilities in those States that do not have a
hazardous liquid pipeline safety program that meets the requirements of
section 205 (a) or (b) of the Hazardous Liquid Pipeline Safety Act of 1979
(49 U.S.C. App. 2004 (a) or (b));
(3) to assist the States identified in paragraph (2) in developing hazardous
liquid pipeline safety programs that meet such requirements; and
(4) to inspect interstate hazardous liquid pipeline facilities constructed
before 1971.

e318af690a6b99000fc23baa80a54efcd86b97522336bade64de6782aca9077a

(a) IN GENERAL- The Secretary of Transportation shall carry out a research
and development program on underground utility location technologies.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this section $500,000 for fiscal years beginning after
September 30, 1992. Such sums shall remain available until expended.

ea7ca792b7958fb159c662067bac43815ca041ff8f2e3138de290ad203cc6cb9

(a) STUDY- The Secretary of Transportation, in consultation with State
and other Federal agencies having authority over underwater natural gas
and hazardous liquid pipeline facilities and with pipeline owners and
operators, the fishing and maritime industries, and other affected groups,
shall undertake a study of the abandonment of such pipeline facilities. Such
study shall include--
(1) a survey of Federal policies and authorities with respect to abandonment
of such pipeline facilities;
(2) an analysis of the extent and nature of the problems currently caused
by such pipeline facilities;
(3) an analysis of alternative methods and requirements for abandonment
as well as the relevant costs and other factors associated with those
alternative methods and requirements;
(4) an analysis of the navigational, safety, and environmental impacts
and economic costs associated with the disposition of pipeline facilities
permanently removed from service;
(5) an analysis of various factors associated with retroactively imposing
requirements on previously abandoned pipeline facilities; and
(6) other matters as may contribute to the development of a recommendation
for Federal action.
(b) REPORT TO CONGRESS- Not later than 3 years after the date of the
enactment of this Act, the Secretary of Transportation shall submit to
Congress a report on the results of the study undertaken under this section,
together with a recommendation for Federal action.
(c) ADDITIONAL AUTHORITY- Based on the findings of the study undertaken under
this section,  the Secretary may require, by regulations issued under the
Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline
Safety Act of 1979, operators of facilities abandoned before the date of
the enactment of this Act to take any  additional appropriate actions to
prevent hazards to navigation in connection with such facilities.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this section $300,000 for fiscal years beginning after
September 30, 1992. Such funds shall remain available until expended.

e7118bc1cbbe7587f33f2cc9bf741f260f34b4af88affc33621fba1f2ab67f19

(a) ESTABLISHMENT- Chapter 1, title 49, United States Code, is amended by
adding at the end the following new section:
`Sec. 112. Research and Special Programs Administration
`(a) ESTABLISHMENT- There is established in the Department of Transportation
a Research and Special Programs Administration.
`(b) ADMINISTRATOR-
`(1) APPOINTMENT- The Administration shall be headed by an Administrator
who shall be appointed by the President, by and with the advice and consent
of the Senate.
`(2) REPORTING- The Administrator shall report directly to the Secretary.
`(c) DEPUTY ADMINISTRATOR- The Administration shall have a Deputy
Administrator who shall be appointed by the Secretary of Transportation. The
Deputy Administrator shall carry out duties and powers prescribed by the
Administrator.
`(d) RESPONSIBILITIES OF ADMINISTRATOR- The Administrator of the
Administration shall be responsible for carrying out the following:
`(1) HAZMAT TRANSPORTATION SAFETY- Duties and powers vested in the Secretary
of Transportation with respect to hazardous materials transportation safety,
except as otherwise delegated by the Secretary.
`(2) PIPELINE SAFETY- Duties and powers vested in the Secretary with
respect to pipeline safety.
`(3) ACTIVITIES OF VOLPE NATIONAL TRANSPORTATION SYSTEMS CENTER- Duties
and powers vested in the Secretary with respect to activities of the Volpe
National Transportation Systems Center.
`(4) OTHER- Such other duties and powers as the Secretary shall prescribe,
including such multimodal and intermodal duties as are appropriate.
`(e) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this section shall
affect any delegation of authority, regulation, order, approval, exemption,
waiver, contract, or other administrative act of the Secretary with
respect to laws administered through the Research and Special Programs
Administration of the Department of Transportation on the date of the
enactment of this section.'.
(b) CONFORMING AMENDMENT- The analysis for chapter 1 of such title is
amended by adding at the end the following new item:
`112. Research and Special Programs Administration.'.
(c) AMENDMENT TO TITLE 5, UNITED STATES CODE- Section 5314 of title 5,
United States Code, is amended by adding at the end the following new item:
`Administrator, Research and Special Programs Administration.'.

4a108ed3baa4b37a9bd6efc35684eeee7b7b3212cadfd8ffc938e0464fa9d161

TITLE IV

-RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

ASSISTANCE ACT.
Section 103(8) of the Hazardous Materials Transportation Act (49
U.S.C. App. 1802(8)) is amended by inserting after `Education' the following:
`Assistance'.

6cd8a83fd69c363601f98c9af0a189a25fa3fe06d70d099216d101fa6429af51

Section 103 of the Hazardous Materials Transportation Act (49
U.S.C. App. 1802) is amended in each of paragraphs (5)(B) and (6)(A)(iii)--
(1) by striking `reconditions' and inserting `manufactures, reconditions,';
and
(2) by inserting `as qualified' after `represented'.

eb0452f76480886aeadc39ffa6444ad88b326ce9613a53211529193010b31b86

(a) IN GENERAL- Section 106 of the Hazardous Materials Transportation Act
(49 U.S.C. App. 1805) is amended--
(1) in subsection (c)(1)(C) by inserting `(in other than a bulk packaging)'
after `5,000 pounds or more';
(2) in subsection (c)(8) by inserting `, or carries out an activity at
more than one location,' after `one activity';
(3) in subsection (c)(12) by striking `117(h)' and inserting `117A(h)';
(4) in subsection (d)(5) by striking `this section' and inserting `this
subsection'; and
(5) in subsection (d)(5) by inserting `, in quantities established by the
Secretary,' after `motor carrier'.
(b) SUBSECTION DESIGNATION AND HEADING- Section 8 of the Hazardous Materials
Transportation Uniform Safety Act of 1990 is amended by inserting before
`Section 106' the first place it appears the following: `(a) IN GENERAL- '.

6c503228f4f004eb727bc97c776cb38162cf42b751f12370a8234817805036aa

Section 115(a) of the Hazardous Materials Transportation Act (49
U.S.C. App. 1812(a)) is amended by inserting `, 117A, 118,' after `117'.

b7b8fac8dd20fa8bf64019f4462bb059dab4cb15da4ec06e89cf3b43ffe5121c

Section 116 of the Hazardous Materials Transportation Act (49
U.S.C. App. 1813)) is amended--
(1) in subsection (c) by inserting `and' after `alternative routes,'; and
(2) by adding at the end the following new subsection:
`(e) DEFINITIONS- For purposes of this section, the following definitions
apply:
`(1) HIGH-LEVEL RADIOACTIVE WASTE- The term `high-level radioactive waste'
has the meaning given such term in section 2(12) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101(12)).
`(2) SPENT NUCLEAR FUEL- The term `spent nuclear fuel' has the meaning
given such term in section 2(23) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101(23)).'.

ec634b00449032f9497f1f89887edec0edaaeb89e6adfafd64d9e432c8896288

Section 118(d) of the Hazardous Materials Transportation Act (49
U.S.C. App. 1816(d)) is amended by striking `117(h)' and inserting `117A(h)'.

edd4432bf401c4782cd3f0c295ed84a85e9c3de63639f0d522b6af8a965fa425

(a) WORKING GROUP- Section 121(a) of the Hazardous Materials Transportation
Act (49 U.S.C. App. 1819(a)) is amended--
(1) in paragraph (1) by striking `States that' and inserting `a State to';
(2) in paragraph (1) by striking `, by motor vehicle' and inserting `by
motor vehicle in such State and for a State to permit the transportation
of hazardous materials in such State'; and
(3) in paragraph (2) by inserting `and permit' before `forms and'.
(b) CONSULTATION REQUIREMENT- Section 121(b) of such Act is amended by
inserting `and permit' before `requirements'.

681e9622a48c449b658f3ba70de044defdd4ce3d86177069f65961cac20f9649

Any transaction in which a rail carrier providing transportation subject
to the jurisdiction of the Interstate Commerce Commission under subchapter
I of chapter 105 of title 49, United States Code (or a person controlled
by or affiliated with such a rail carrier) seeks to acquire control of
a motor carrier providing transportation subject to the jurisdiction of
the Interstate Commerce Commission under subchapter II of chapter 105 of
such title shall be exempt from the fourth sentence of section 11344(c)
of such title (1) if, during the period between November 30, 1987, and May
1, 1992, such rail carrier or person acquired a minority stock interest
in the motor carrier, and (2) if such rail carrier or person (or a person
controlled by or affiliated with such rail carrier or person) was authorized
by the Commission to provide transportation as a motor carrier before the
acquisition of such minority stock interest.
Amend the title so as to read: `An Act to increase the safety to humans
and the environment from the transportation by pipeline of natural gas
and hazardous liquids, and for other purposes.'.
Attest:
Clerk.
S 1583 EAH----2
S 1583 EAH----3
S 1583 EAH----4
S 1583 EAH----5

43d07bbecf4822e2eae9e2eeb7a8a462e80bd767813c74c93cefdf353c06b28e

Pipeline Safety Improvement bill — S. 1583

Other Sections

TITLE V

TITLE I

TITLE II

TITLE III

TITLE IV

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