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LEGISLATIVE HISTORY: P.L. 75-688

HOUSE REPORT:

None.
SENATE REPORT:

None.

LEGISLATIVE HISTORY: P.L. 77-444

HOUSE REPORT:

None.
SENATE REPORT:

No. 77-948, Jan. 9, 1942 (To accompany H.R. 5249).

LEGISLATIVE HISTORY: P.L. 80-245

HOUSE REPORT:

No. 80-695, June 25, 1947 (To accompany H.R. 2956). SENATE REPORT:

None.

LEGISLATIVE HISTORY: P.L. 83-323

HOUSE REPORT:

No. 83-899, July 22, 1953 (To accompany H.R. 5976). SENATE REPORT:

No. 83-817, July 30, 1953 (To accompany H.R. 5976).

LEGISLATIVE HISTORY: P.L. 85-791

HOUSE REPORT:

No. 85-842, July 23, 1958 (To accompany H.R. 6788). SENATE REPORT:

No. 85-2129, Aug. 4, 1958 (To accompany H.R. 6788).

LEGISLATIVE HISTORY: P.L. 87-454

HOUSE REPORT:

No. 87-1547, Mar. 29, 1962 (To accompany H.R. 6949). SENATE REPORT:

No. 87-665, Aug. 4, 1961 (To accompany S. 1595).

LEGISLATIVE HISTORY: P.L. 91-452

HOUSE REPORT:

No. 91-1549 (Comm. on the Judiciary).
SENATE REPORT:

No. 91-617 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 116 (1970):

Jan. 21-23, considered and passed Senate.
Oct. 6, 7, considered and passed House, amended.
Oct. 12, Senate agreed to House amendments.

LEGISLATIVE HISTORY: P.L. 95-617

HOUSE REPORTS:

No. 95-429 (Comm. on Ways & Means),
No. 95-543, Vols. I and II, accompanying H.R. 8444 (ad hoc Comm. on Energy), and

No. 95-1750 (Comm. of Conference).
SENATE REPORTS:

No. 95-442, accompanying S. 2114 (Comm. on Energy & Natural Resources) and

No. 95-1292 (Comm. of Conference).
CONGRESSIONAL RECORD:
Vol. 123 (1977):

July 18, H.R. 4018 considered and passed House.
Aug. 1-5, H.R. 8444 considered and passed House.
Oct. 5, S. 2114 considered in Senate.
Oct. 6, H.R. 4018 considered and passed Senate, amended,
in lieu of S. 2114 and pt. 5 of title I, of H.R. 8444.

Oct. 13, House concurred in Senate amendment with an amendment.
Vol. 124 (1978):

Oct. 9, Senate agreed to conference report.

Oct. 15, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 45 (1978):

Nov. 9, Presidential statement.

AA. Natural Gas Pipeline Safety Act of 1968, Public Law 90-481, 82 Stat. 720,

August 12, 1968 (49 USC 1671-1686), as amended by: Public Laws 92-401, 86 Stat. 616,
August 22, 1972; 93-403, 88 Stat. 802, August 30, 1974; 94-477,90 Stat. 2073, October 11,
1976; and 96-129, 93 Stat. 989, November 30, 1979.

An Act

To authorize the Secretary of Transportation to prescribe safety standards for the
transportation of natural and other gas by pipeline, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled, That this Act may be cited as the "Natural Gas Pipeline Safety Act of
1968”.

Definitions

Natural Gas

Act of 1968.

Sec. 2. As used in this Act

(1) "Person” means any individual, firm, joint venture, partnership, corporation, association, State, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof;

(2) "Gas” means natural gas, flammable gas, or gas which is toxic or corrosive;

(3) "Transportation of gas” means the gathering, transmission or distribution of gas by pipeline or its storage in interstate or foreign commerce; except that it shall not include the gathering of gas in those rural locations 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 which the Secretary may define as a nonrural area;

(4) "Pipeline facilities” includes, without limitation, new and existing pipe rights-of-way and any equipment facility, or building used in the transportation of gas or the treatment of gas during the course of transportation but "rights-of-way” as used in this Act does not authorize the Secretary to prescribe the location or routing of any pipeline facility;

(5) "State" includes each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico;

(6) "Municipality” means a city, county, or any other political subdivision of a State;

(7) "National organization of State commissions” means the national organization of 49 Stat. 543; the State commissions referred to in subchapter III of chapter 103 of title 49, United States 54 Stat. 919; code;

49 USC 301. (8) "Interstate transmission facilities" means pipeline facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Energy Regulator 52 Stat. 821. Commission under the Natural Gas Act, except that it shall not include any pipeline facilities 15 USC 717w. within a State which transport gas from an interstate gas pipeline to a direct sales customer within such State purchasing gas for its own consumption;

(9) "Intrastate pipeline transportation" means pipeline facilities and transportation of Intrastate gas within a State which are not subject to the jurisdiction of the Federal Energy Regulatory pipeline Commission under the Natural Gas Act, except that it shall include pipeline facilities within transportation. a State which transport gas from an interstate gas pipeline to a direct sales customer within 15 USC 1717w. such State purchasing gas for its own consumption;

(10) "Secretary” means the Secretary of Transportation;
(11) "LNG” means natural gas in a liquid or semisolid state;

(12) "LNG facility” means any pipeline facility used for the transportation or storage of LNG, or for LNG conversion, in interstate or foreign commerce, but does not include any structure or equipment (or portion thereof) located in navigable waters (as defined in section 3(8) of the Federal Power Act (16 U.S.C. 796(8)));

(13) "LNG conversion” means conversions of natural gas into LNG (liquefaction or solidification) or the conversion of LNG into natural gas (vaporization);

(14) "Existing LNG facility” means any LNG facility for which an applicatìon for the approval of the siting, construction, or operation of such facility was filed before March 1, 1978, with

(A) the Department of Energy or any predecessor organization of the Department, or

(B) the appropriate State or local agency, in the case of any facility not subject to the jurisdiction of the Department of Energy under the Natural Gas Act, except that such term does not include any facility the construction of which commences on or after the date of the enactment of this paragraph and such construction is not pursuant to such an approval;

(15) ""New LNG facility" means any LNG facility other than an existing LNG facility;

(16) "LNG accident” means any release, burning, or explosion of LNG resulting from

(A) a rupture or other failure of a storage tank, pipeline, or other LNG facility;
(B) natural hazards (including earthquakes, hurricanes, and high winds);
(C) sabotage; or

(D) any other cause;
other than any such release, burning, or explosion which, as determined in accordance with
regulations prescribed by the Secretary, does not pose a threat to public health or safety,
property, or the environment; and

(17) "Interstate or foreign commerce" means any trade, traffic, transportation, exchange, or other commerce

(A) between any State and any place outside of such State, or

(B) which affects any trade, transportation, exchange, or other commerce

described in subparagraph (A). (As amended by P.L. 94-477, 90 Stat. 2073, October 11, 1976; and P.L. 96-129, 93 Stat. 989, November 11, 1979)

Standards Established

Consideration factors.

Ante, p. 989.

Sec. 3.

(a) (1) The Secretary shall, by regulation, establish minimum Federal safety standards for the transportation of gas and pipeline facilities. Such standards may apply to the design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities. Standards affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to pipeline facilities in existence on the date such standards are adopted. Such Federal safety standards shall be practicable and designed to meet the need for pipeline safety. In prescribing such standards, the Secretary shall consider

(A) relevant available pipeline safety data;

(B) whether such standards are appropriate for the particular type of pipeline transportation or facility;

(C) the reasonableness of any proposed standards; and

(D) the extent to which such standards will contribute to public safety. Any State agency may adopt additional or more stringent safety standards for intrastate pipeline transportation if such standards are compatible with the Federal minimum standards. No State agency may adopt or continue in force any such standards applicable to interstate transmission facilities, after the Federal minimum standards become effective.

(2) Not later than 12 months after the date of the enactment of the Pipeline Safety Act of 1979, the Secretary shall provide that the Federal minimum safety standards established under this section include a requirement that any operator of pipeline facilities

(A) participate in any public safety program

(i) which provides for notice to pipeline facility operators of proposed demolition, excavation, tunneling, or construction near or affecting such facility;

(ii) which requires such operators to identify specific pipeline facilities which may be affected by the proposed demolition, excavation, tunneling, or construction, for the purpose of preventing damage to such facilities, and

(iii) which the Secretary determines is being carried out in a manner adequate to assure protection against the hazards to that operator's pipeline facilities created by such demolition, excavation, tunneling, or construction; or

(B) to the extent that such a program is not available, take such steps as the Secretary shall prescribe to provide services to the public with respect to that operator's pipeline facilities which are comparable to those which would be available to the public

under such a program. (b) Any standards prescribed under this section, and amendments thereto, shall become effective thirty days after the date of issuance of such standards unless the Secretary, for good cause recited, determines an earlier or later effective date is required as a result of the period reasonably necessary for compliance and such date is specified in the regulation establishing or amending such standard.

(c) The provisions of subchapter II of chapter 5 of title 5 of the United States Code shall apply to all actions establishing, amending, revoking, or directing or waiving compliance with, any standard established under this Act. The Secretary shall afford interested persons an opportunity to participate fully in the establishment of such safety standards through submission of written data, views, or arguments with opportunity to present oral testimony and argument.

Effective date.

80 Stat. 381.
5 USC 551-559.

Standards, waiver of compliance.

(d) Upon application by any person engaged in the transportation of gas or the operation of pipeline facilities, the Secretary may, by order, after notice and opportunity for hearing and under such terms and conditions and to such extent as he deems appropriate, waive in whole or in part compliance with any standard established under this Act, if he determines that a waiver of compliance with such standard is not inconsistent with gas pipeline safety. The Secretary shall state his reasons for any such waiver. A State agency, with respect to which there is in effect a certification pursuant to section 5(a) or an agreement pursuant to section 5(b), may waive compliance with a safety standard in the same manner and to the same extent as the Secretary, provided such State agency gives the Secretary written notice at least sixty days prior to the effective date of the waiver. If, before the effective date of a waiver to be granted by a State agency, the Secretary objects in writing to the granting of the waiver, any State agency action granting the waiver will be stayed. After notifying such State agency of his objection, the Secretary shall afford such agency a prompt opportunity to present its request for waiver, with opportunity for hearing, and the Secretary shall determine finally whether the requested waiver may be granted.

Notice to State agency; opportunity for hearing.

(As amended by P.L. 94-477,90 Stat. 2073 October 11, 1976; and 96-129,93 Stat. 989, November 30, 1979)

Technical Pipeline Safety Standards Committee

Membership.

Report of proposed standards.

Report.

Sec. 4.

(a) The Secretary shall establish a Technical Pipeline Safety Standards Committee. The Committee shall be appointed by the Secretary, after consultation with public and private agencies concerned with the technical aspect of the transportation of gas or the operation of pipeline facilities, and shall be composed of fifteen members each of whom shall be experienced in the safety regulation of the transportation of gas and of pipeline facilities or technically qualified by training, experience, or knowledge in one or more fields of engineering applied in the transportation of gas or the operation of pipeline facilities to evaluate gas pipeline safety standards, as follows:

(1) Five members shall be selected from governmental agencies, including State and Federal Governments, two of whom, after consultation with representatives of the national organization of State commissions, shall be State commissioners;

(2) Four members shall be selected from the natural gas industry after consultation with industry representatives, not less than three of whom shall be currently engaged in the active operation of natural gas pipelines; and

(3) Six members shall be selected from the general public. (b) The Secretary shall submit to the Committee any proposed standard under this

Act, or any proposed amendment to a standard under this Act, for its consideration. Within 90 days after receipt by the Committee of any proposed standard or amendment, the Committee shall prepare a report on the technical feasibility, reasonableness, and practicability of such standard or amendment. The Secretary may prescribe a final standard or final amendment to a standard at any time after the 90th day after its submission to the Committee, whether or not the Committee has reported on such standard or amendment. Each report by the Committee, including any minority views, shall be published by the Secretary and, if timely made, form a part of the proceedings for the promulgation of standards. In the event that the Secretary rejects the conclusions of the majority of the Committee, he shall not be bound by such conclusions but shall publish his reasons for rejection thereof. The Committee may propose safety standards for pipeline facilities and the transportation of gas to the Secretary for his consideration. The Committee shall meet with the Secretary (or his designee) not less frequently than once every months. All proceedings of the Committee shall be recorded and the record of each such proceeding shall be available for public inspection.

(c) Members of the Committee other than Federal employees may be compensated at a rate to be fixed by the Secretary not to exceed the daily equivalent of the maximum annual rate of basic pay then currently payable under the General Schedule under section 5332 of title 5, United States Code, for each day (including travel time) when engaged in the actual duties of the Committee. All members, while away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. Payments under this section shall not render members of the Committee employees or officials of the United States for any purpose. (As amended by P.L. 96-129, 93 Stat. 989, November 30, 1979)

Committee proceedings, availability to public.

80 Stat. 499.

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