Page:United States Statutes at Large Volume 93.djvu/1036

 93 STAT. 1004

PUBLIC LAW 96-129—NOV. 30, 1979 (7) "interstate or foreign commerce" means commerce between any point in a State and any point outside thereof, or between points within the same State but through any place outside thereof; (8) "State" includes each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico; (9) "municipality" means a city, county, or other political subdivision of a State; (10) "national organization of State commissions" means the national organization of the State commissions referred to in subchapter III of chapter 103 of title 49, United States Code; and (11) "Secretary" means the Secretary of Transportation. REGULATIONS GOVERNING HAZARDOUS-UQUID P I P E U N E FACILITIES

Federal SEC. 203. (a) The Secretary shall, by regulation, establish minimum safety standards, Federal safety standards for the transportation of hazardous liquids 49 USC 2^02! ^"^^ pipeline facilities. The standards shall apply to each person who engages in the transportation of hazardous liquids or who owns or operates pipeline facilities. The standards shall be practicable and designed to meet the need for safe transportation of hazardous liquids. (b) In prescribing standards under this section, the Secretary shall consider— (1) relevant available pipeline data; (2) whether the standards are appropriate for the particular type of pipeline transportation or facility; (3) the reasonableness of any proposed standards; and (4) the extent to which the standards will contribute to public safety. (c) Standards under this section may apply to the design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities. Any standard issued under this section Eiffecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to pipeline facilities in existence on the date such standard is adopted. (d) Any State agency may adopt additional or more stringent safety standards for intrastate pipeline facilities and the transportation of hazardous liquids associated with such facilities, if such standards are compatible with the Federal standards issued under this title. No State agency may adopt or continue in force any safety standards applicable to interstate pipeline facilities or the transportation of hazardous liquids associated with such facilities. (e) The Secretary may provide that the Federal minimum safety standards established under this section include a requirement that any operator of pipeline facilities— (1) participate in any public safety program— (A) which provides for notice to pipeline facility operators of proposed demolition, excavation, tunneling, or construction near or affecting such facility; (B) 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 (C) which the Secretary determines is being carried out in a manner adequate to assure protection against the hazards

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