tion", provision for State agency acting as agent of the Secretary with respect to interstate transmission facilities, and provision for withholding funds for not carrying out satisfactorily the State safety program or acting as agent with respect to the interstate transmission facilities.

EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see section 112 of Pub. L. 96-129, set out as a note under section 1671 of this Appendix.

STATE PIPELINE SAFETY PROGRAMS; REPORT TO
PRESIDENT AND CONGRESS

Section 5 of Pub. L. 92-401 required the Secretary of Transportation, after consultation with the cooperating State agencies and the national organization of State Commissions, to prepare and submit to the President for transmittal to the Congress on March 17, 1973, a report which contained a description of the pipeline safety program being conducted in each State, the annual projections of each State agency's needs for personnel, equipment, and activities reasonably required to carry out such State's program during each calendar year from 1973 through 1978 and estimates of the annual costs thereof, the source or sources of State funds to finance such programs, the amount of Federal assistance needed annually, an evaluation of alternative methods of allotting Federal funds among the States which desire Federal assistance, including recommendations, if needed for a statutory formula for apportioning Federal funds, and a discussion of other problems affecting cooperation among the States that relate to effective participation of State agencies in the national pipeline safety program.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1672, 1680, 1683, 1684, 1686 of this Appendix.

§ 1674a. Establishment of standards for LNG facilities

(a) Safety standards respecting location, design, installation, construction, and initial inspection and testing of LNG facilities

(1) Not later than 180 days after November 30, 1979, the Secretary shall establish, by regulation

(A) minimum safety standards for determining the location of any new LNG facility, and

(B) minimum safety standards for the design, installation, construction, initial inspection, and initial testing of any new LNG facility.

(2) After the date standards first take effect under this section, no new LNG facility may be constructed other than in accordance with the applicable standards prescribed under this section. The Secretary shall ensure that the facility is constructed and operated in compliance with such standards.

(3) No new LNG facility may be operated unless the person operating such facility has previously submitted a contingency plan which sets forth those steps which are to be taken in the event of an LNG accident and which is determined to be adequate by the Department of Energy or the appropriate State agency, in the case of any facility not subject to the jurisdiction of the Department under the Natural Gas Act [15 U.S.C. 717 et seq.).

(b) Standards respecting operation and maintenance of LNG facilities

Not later than 270 days after November 30, 1979, the Secretary shall establish minimum standards to be maintained with respect to the operation and maintenance of any LNG facility.

(c) Effect on existing LNG facilities

(1)(A) Except to the extent provided under subparagraph (B), any standard issued under this chapter after March 1, 1978, affecting the design, location, installation, construction, initial inspection, or initial testing shall not apply to an existing LNG facility either

(i) under the authority of this chapter; or (ii) under the authority of any other Federal law if such standard was not issued at the time such authority was exercised.

(B) Any such standard (other than one affecting location) may be made applicable under the provisions of such standard to any replacement component or part thereof of an LNG facility if that component or part is placed in service after the date of the issuance of that standard, but only if such applicability

(i) would not render such component or part incompatible with the other components or parts of the facility involved; or

(ii) would not otherwise be impracticable. No standard issued under this chapter after March 1, 1978, affecting location shall apply to any replacement component or part thereof of an existing LNG facility.

(2) Nothing in this section shall preclude the application of standards under section 1672 of this Appendix to pipeline facilities (other than LNG facilities) associated with LNG facilities.

(3) Standards affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to LNG facilities in existence on the date such standards are adopted.

(d) Factors considered in prescribing general safety standards

In prescribing general safety standards under subsections (a) and (b) of this section, the Secretary shall take into consideration

(1) with respect to standards relating to the location of any new LNG facility

(A) the nature of the use of the facility; (B) the existing and projected population and demographic characteristics associated with the location involved;

(C) the existing and proposed land uses near such location;

(D) the meteorological, geological, topographical, seismic, and other natural physical aspects of such location;

(E) the medical, law enforcement, and fire prevention capabilities existing near such location to cope with risks created by such a facility; and

(F) the need to encourage remote siting; (2) with respect to standards applicable to the design, installation, construction, initial inspection, and initial testing of any new LNG facility

(A) the thermal resistance and other characteristics of materials to be used in the construction of such facility as compared to alternative materials;

(B) design factors (such as multiple diking, insulated concrete, and vapor containment barriers);

(C) the characteristics of the LNG to be stored or converted at, or transported by, such facility (for example, whether it is to be in a liquid or semisolid state); and

(D) the public safety factors of the design as compared to alternative designs (particularly the ability under such a design to prevent and contain an LNG spill); and

(3) with respect to standards for the operation and maintance 2 of any LNG facility

2

(A) the conditions, features, and type of equipment and structures which comprise, or which are used in connection with, such facility;

(B) the fire prevention and containment equipment at such facility;

(C) the security measures to be used with respect to the operation of such facility for the prevention of sabotage or other intentional acts which could cause an LNG accident;

(D) maintenance procedures and equipment;

(E) the training of personnel with respect to the equipment, structures, measures, and procedures described in subparagraphs (A), (B), (C), and (D); and

(F) other factors and conditions relating to the safe handling of LNG.

(e) Amendment of standards

At any time after the effective date of standards initially prescribed under subsections (a) and (b) of this section, the Secretary shall, on his own motion or on the motion of any person, amend such standards to the extent he considers necessary to reflect changes in technology or to otherwise carry out the purposes of this section.

(f) Applicability of provisions of section 1672 of this Appendix to standards prescribed under this section

The provisions of the last two sentences of subsection (a)(1) of section 1672 of this Appendix and of subsections (b), (c), and (d) of section 1672 of this Appendix shall apply with respect to standards prescribed under this section in the same manner as they apply to standards prescribed under section 1672 of this Appendix. (Pub. L. 90-481, § 6, as added Pub. L. 96-129, title I, § 152(a), Nov. 30, 1979, 93 Stat. 999.)

REFERENCES IN TEXT

The Natural Gas Act, referred to in subsec. (a)(3), is act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified generally to chapter 15B (§ 717 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables.

PRIOR PROVISIONS

A prior section 6 of Pub. L. 90-481 was renumbered 8 by Pub. L. 96-129, title I, § 152(a), Nov. 30, 1979, 93

'So in original. Probably should be "maintenance".

Stat. 999, and is classified to section 1675 of this Appendix.

EFFECTIVE DATE

Section effective Nov. 30, 1979, see section 156 of Pub. L. 96-129, set out as an Effective Date of 1979 Amendment note under section 1671 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1679a of this Appendix.

§ 1674b. Financial responsibility for certain LNG facilities

(a) Study regarding risks associated with production, transportation, and storage of LNG and liquid petroleum gas; report to Congress

Not later than 270 days after November 30, 1979, the Secretary shall—

(1) conduct a study of

(A) the risks associated with the production, transportation, and storage of LNG;

(B) the risks associated with the production, transportation, and storage of liquified petroleum gas;

(C) the methods of assuring adequate financial responsibility for those engaged in any such activity; and

(2) prepare and transmit to each House of the Congress a report on the results of such study, together with the recommendations of the Secretary for such legislative or adminis trative action as he considers appropriate. (b) Notice of inadequate financial responsibility; hearing; judicial review

(1) Whenever the Secretary has reason to believe that any operator of an LNG facility is not maintaining adequate insurance or other wise does not have adequate financial responsibility with respect to such facilities, he may issue and serve upon such operator notice thereof, together with a statement of the amount of the financial responsibility that the Secretary would consider adequate.

(2) Any person issued notice under paragraph (1) shall have a right to hearing on the record in accordance with section 554 of title 5, to be held not later than 30 days after notice under paragraph (1), at which such person has the right to show cause as to why an order should not be issued by the Secretary requiring such person to demonstrate and maintain financial responsibility at or above the amount indicated in the notice under paragraph (1).

(3) After an opportunity for hearing under paragraph (2), the Secretary may, if he determines it is justified in the public interest, order the person issued notice of such hearing to demonstrate and maintain financial responsibility at or above an amount determined appropriate by the Secretary, taking into account any information, data, and views presented in such hearing.

(4)(A) Any person aggrieved by an order issued under paragraph (3) may seek judicial review of such order only by filing a petition for review in the appropriate court of appeals of the United States within 60 days after such order is issued.

(B) Upon receipt of notice of the filing of such petition, the Secretary shall file in the court the record in the proceeding, as provided in section 2112 of title 28. Upon such filing, the court may affirm, modify, remand, or set aside the order of the Secretary, and may enforce the order to the extent that such order is affirmed and issue such writs as are ancillary to its jurisdiction or are necessary in its judgment to prevent injury to the public pendente lite. The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive.

(C) The judgment and decree of the court shall be final, except that such judgment and decree shall be subject to review by the Supreme Court upon certiorari, as provided in section 1254 of title 28.

(c) Methods acceptable for maintenance of financial responsibility

For purposes of subsection (b) of this section, financial responsibility may be maintained by any one of, or a combination of, the following methods acceptable to the Secretary:

(1) evidence of insurance,

(2) surety bonds,

(3) qualification as a self-insurer, or

(4) other evidence of financial responsibility.

(Pub. L. 90-481, § 7, as added Pub. L. 96-129, title I, § 153, Nov. 30, 1979, 93 Stat. 1001.)

PRIOR PROVISIONS

A prior section 7 of Pub. L. 90-481 was renumbered 9 by Pub. L. 96-129, title I, § 152(a), Nov. 30, 1979, 93 Stat. 999, and is classified to section 1676 of this Appendix.

EFFECTIVE DATE

Section effective Nov. 30, 1979, see section 156 of Pub. L. 96-129, set out as an Effective Date of 1979 Amendment note under section 1671 of this Appendix. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1679a of this Appendix.

§ 1675. Judicial review

(a) Person aggrieved; venue

Any person who is or will be adversely affected or aggrieved by any regulation issued under this chapter or any order with respect to an application for a waiver under section 1672(d) of this Appendix may at any time prior to the 90th day after such regulation or order is issued file a petition for a judicial review with the United States Court of Appeals for the District of Columbia or for the circuit wherein such petitioner is located or has his principal place of business. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose.

(b) Jurisdiction

Upon the filing of the petition referred to in subsection (a) of this section, the court shall have jurisdiction to review the regulation or order in accordance with chapter 7 of title 5 and to grant appropriate relief as provided in such chapter.

(c) Appeal

The judgment of the court affirming or setting aside, in whole or in part, any such regulation or order of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.

(d) Successors in office

Any action instituted under this section shall survive, notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office.

(e) Remedies

The remedies provided for in this section shall be in addition to and not in substitution for any other remedies provided by law.

(Pub. L. 90-481, § 8, formerly § 6, Aug. 12, 1968, 82 Stat. 724, renumbered and amended Pub. L. 96-129, title I, §§ 104(e)(2), (3), 152(a), Nov. 30, 1979, 93 Stat. 994, 999; Pub. L. 97-468, title I, § 102, Jan. 14, 1983, 96 Stat. 2543.)

PRIOR PROVISIONS

A prior section 8 of Pub. L. 90-481 was renumbered 10 by Pub. L. 96-129, title I, § 152(a), Nov. 30, 1979, 93 Stat. 999, and is classified to section 1677 of this Appendix.

AMENDMENTS

1983-Subsec. (a). Pub. L. 97-468 substituted "90th day" for "sixtieth day".

1979-Subsec. (a). Pub. L. 96-129, § 104(e)(2), substituted "any regulation issued under this chapter or any order with respect to an application for a waiver under section 1672(d) of this Appendix" for "any order issued under this chapter" and "such regulation or order is issued" for "such order is issued".

Subsec. (b). Pub. L. 96-129, § 104(e)(3), substituted "regulation or order" for "order".

Subsec. (c). Pub. L. 96-129, § 104(e)(3), substituted "regulation or order" for "order".

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see section 112 of Pub. L. 96-129, set out as a note under section 1671 of this Appendix.

§ 1676. Cooperation with Federal Energy Regulatory Commission and State commissions

Whenever the establishment of a standard or action upon application for waiver under the provisions of this chapter, would affect continuity of any gas services, the Secretary shall consult with and advise the Federal Energy Regulatory Commission or State commission having jurisdiction over the affected pipeline facility before establishing the standard or acting on the waiver application and shall defer the effective date until the Federal Energy Regulatory Commission or any such commission has had reasonable opportunity to grant the authorizations it deems necessary. In any proceedings under section 717b or section 717f of title 15 for authority to import natural gas or to establish, construct, operate, or extend pipeline facilities which are or will be subject to Federal or other applicable safety standards, any applicant shall certify that it will design, install, inspect, test, construct, operate, replace, and maintain the pipeline facilities in accordance with Federal

PRIOR PROVISIONS

AMENDMENTS

§ 1677. Compliance

(a) Requirements regarding standards and inspection and maintenance

Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall

(1) at all times after the date any applicable safety standard established under this chapter takes effect comply with the requirements of such standard; and

(2) prepare and maintain a plan of inspection and maintenance required by section 1680 of this Appendix and comply with such plan; and

(3) permit access to or copying of records, and make reports or provide information, and permit entry or inspection, as required under section 1681 of this Appendix.

(b) Orders directing compliance

(1) The Secretary may issue orders directing compliance with this chapter or any regulation issued under this chapter. Any such order shall clearly set forth the particular actions required of the person to whom the order is issued.

(2) The district courts of the United States shall have jurisdiction, upon petition by the Attorney General, to enforce any such order by appropriate means.

(c) Tort liability

Nothing in this chapter shall affect the common law or statutory tort liability of any person.

(Pub. L. 90-481, § 10, formerly § 8, Aug. 12, 1968, 82 Stat. 725, renumbered and amended Pub. L. 96-129, title I, §§ 104(a)(1), 105(b),

109(h)(4), 152(a), Nov. 30, 1979, 93 Stat. 992 994, 996, 999.)

PRIOR PROVISIONS

A prior section 10 of Pub. L. 90-481 was classified to section 1679 of this Appendix, and was repealed by Pub. L. 96-129, title I, § 104(b), Nov. 30, 1979, 93 Stat 992.

AMENDMENTS

1979-Subsec. (a). Pub. L. 96-129, §§105(b 109(h)(4), in par. (2) substituted "prepare and main tain a plan of inspection and maintenance required by section 1680 of this Appendix and comply with such plan" for "file and comply with a plan of inspection and maintenance required by section 1680 of this Ap pendix" and made conforming amendments to the basic law to accommodate changes in section number ing.

Subsec. (b). Pub. L. 96-129, § 104(a)(1), added subsec (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 96-129, § 104(a)(1), redesignated former subsec. (b) as (c).

EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see section 112 of Pub. L. 96-129, set out as a note under section 1671 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1679a of this Appendix.

§§ 1678, 1679. Repealed. Pub. L. 96-129, title I, § 104(b), Nov. 30, 1979, 93 Stat. 992 Section 1678, Pub. L. 90-481, § 9, Aug. 12, 1968, 82 Stat. 725, related to civil penalties for violation of provisions of section 1677(a) of this Appendix or any reg ulation issued under this chapter.

Section 1679, Pub. L. 90-481, § 10, Aug. 12, 1968, 82 Stat. 726, related to jurisdiction of the court and injunctive relief.

EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION

Repeal of sections effective Nov. 30, 1979, except for suits, actions, or other proceedings pending on Nov. 30, 1979, which shall not be effected by certain provisions of Pub. L. 96-129 and shall be completed as if Pub. L 96-129 had not been enacted, unless the Secretary makes a determination that the public safety other wise requires, see section 112 of Pub. L. 96-129, set out as an Effective Date of 1979 Amendment note under section 1671 of this Appendix.

§ 1679a. Penalties

(a) Civil penalties

(1) Any person who is determined by the Secretary to have violated any provisions of section 1677(a) of this Appendix or any regulation or order issued under this chapter including any order issued under sections 1677(b) and 1679b(b) of this Appendix, shall be liable to the United States for a civil penalty of not more than $1,000 for each violation for each day that violation persists, except that the maximum civil penalty shall not exceed $200,000 for any related series of violations.

(2) Any person who is determined by the Secretary to have violated any standard or order under section 1674a and 1674b(b) of this Appendix shall be subject to a civil penalty of not to exceed $50,000, which penalty shall be in ad

dition to any other penalties to which such person may be subject under this subsection.

(3) The amount of the penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the penalty, and such other matters as justice may require.

(b) Action by Attorney General to recover subsection (a) penalty

A civil penalty assessed under subsection (a) of this section may be recovered in an action brought by the Attorney General on behalf of the United States in the appropriate district court of the United States or, prior to referral to the Attorney General, it may be compromised by the Secretary. The amount of the penalty, when finally determined (or agreed upon in compromise), may be deducted from any sums owed by the United States to the person charged. All penalties collected under this subsection shall be deposited in the Treasury of the United States as miscellaneous receipts.

(c) Criminal penalties

(1) Any person who willfully and knowingly violates section 1677(a) of this Appendix or a regulation or order issued under this chapter, including any order issued under sections 1677(b) and 1679b(b) of this Appendix, shall, upon conviction, be subject, for each offense, to a fine of not more than $25,000, imprisonment for a term not to exceed 5 years, or both.

(2) Any person who willfully and knowingly injures or destroys, or attempts to injure or destroy, any interstate transmission facility shall, upon conviction, be subject, for each offense, to a fine of not more than $25,000, imprisonment for a term not to exceed 15 years, or both. (d) Violations based on same act

Nothing in this chapter shall be construed to authorize the imposition of penalties for the violation of any regulation and the violation of any order under section 1677(b) or 1679b(b) of this Appendix if both violations are based on the same act.

(Pub. L. 90-481, § 11, as added and amended Pub. L. 96-129, title I, §§ 104(b), 154, Nov. 30, 1979, 93 Stat. 992, 1002.)

PRIOR PROVISIONS

A prior section 11 of Pub. L. 90-481 was renumbered 13 by Pub. L. 96-129, title I, § 104(b), Nov. 30, 1979, 93 Stat. 992, and is classified to section 1680 of this Appendix.

AMENDMENTS

1979-Subsec. (a)(2), (3). Pub. L. 96-129, § 154, added par. (2) and redesignated former par. (2) as (3).

EFFECTIVE DATE OF 1979 AMENDMENT Amendment by section 154 of Pub. L. 96-129 effective Nov. 30, 1979, see section 156 of Pub. L. 96-129, set out as a note under section 1671 of this Appendix.

EFFECTIVE DATE

Section effective Nov. 30, 1979, see section 112 of Pub. L. 96-129, set out as an Effective Date of 1979 Amendment note under section 1671 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1674 of this Appendix.

§ 1679b. Specific relief

(a)(1) The Attorney General, at the request of the Secretary, may bring an action in an appropriate district court of the United States for equitable relief to redress or restrain a violation by any person of a provision of this chapter or a regulation issued under this chapter. Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.

(2) In any proceeding for criminal contempt for violation of a mandatory or prohibitive injunction issued under this subsection, which violation also constitutes a violation of this chapter, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.

(b)(1) If the Secretary finds, after reasonable notice and an opportunity for hearing, that any pipeline facility is hazardous to life or property, he shall, by order, require the person operating the facility to take necessary corrective action. Such corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action, as appropriate.

(2) The Secretary may find a pipeline facility to be hazardous under paragraph (1)—

(A) if under the facts and circumstances he determines the particular facility is hazardous to life or property, or

(B) if the pipeline facility or a component thereof has been constructed or operated with any equipment, material, or technique which he determines is hazardous to life or property, unless the operator involved demonstrates to the satisfaction of the Secretary that under the particular facts and circumstances involved such equipment, material, or technique is not hazardous to life or property. (3) In making a determination under paragraph (2), the Secretary shall consider, if relevant

(A) the characteristics of the pipe and other equipment used in the pipeline facility involved, including its age, manufacturer, physical properties (including its resistance to corrosion and deterioration), and the method of its manufacture, construction, or assembly;

(B) the nature of the materials transported by such facility (including their corrosive and deteriorative qualities), the sequence in which such materials are transported, and the pressure required for such transportation;

(C) the aspects of the areas in which the pipeline facility is located, in particular the