(c) Nonapplication.—
(1)
Except as provided in paragraph (2) of this subsection, a design, location, installation, construction, initial inspection, or initial testing standard prescribed under this chapter after March 1, 1978, does not apply to an existing liquefied natural gas pipeline facility if the standard is to be applied because of authority given—
(A) under this chapter; or
(B) under another law, and the standard is not prescribed at the time the authority is applied.
(2)
(A)
Any design, installation, construction, initial inspection, or initial testing standard prescribed under this chapter after March 1, 1978, may provide that the standard applies to any part of a replacement component of a liquefied natural gas pipeline facility if the component or part is placed in service after the standard is prescribed and application of the standard—
(i) does not make the component or part incompatible with other components or parts; or
(ii) is not impracticable otherwise.
(B) Any location standard prescribed under this chapter after March 1, 1978, does not apply to any part of a replacement component of an existing liquefied natural gas pipeline facility.
(3) A design, installation, construction, initial inspection, or initial testing standard does not apply to a liquefied natural gas pipeline facility existing when the standard is adopted.
| Historical and Revision Notes |
| Revised Section |
Source (U.S. Code) |
Source (Statutes at Large) |
| 60103(a) |
49 App.:1674a(a) (1)(A), (d)(1), (e). |
Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 6; added Nov. 30, 1979, Pub. L. 96–129, § 152(a), 93 Stat. 999. |
| 60103(b) |
49 App.:1674a(a) (1)(B), (2), (d)(2), (e). |
|
| 60103(c)(1), (2) |
49 App.:1674a(c)(1). |
|
| 60103(c)(3) |
49 App.:1674a(c)(3). |
|
| 60103(d) |
49 App.:1674a(b), (d)(3), (e). |
|
| 60103(e) |
49 App.:1674a(f). |
|
| 60103(f) |
49 App.:1674a(a)(3). |
|
| 60103(g) |
49 App.:1674a(c)(2). |
|
In subsections (a), (b), and (d), the words “general safety” are omitted as surplus. The text of 49 App.:1674a(e) is omitted for consistency in the revised title and with other titles of the United States Code.
In subsections (a) and (b), before each clause (1), the words “Not later than 180 days after November 30, 1979” are omitted as executed. The word “prescribe” is substituted for “establish by regulation” for consistency in the revised title and with other titles of the Code.
In subsection (a), before clause (1), the words “with respect to standards relating to the location of any new LNG facility” are omitted because of the restatement. In clause (2), the word “involved” is omitted as surplus. In clause (4), the words “meteorological, geological, topographical, seismic, and other” are omitted as surplus. In clause (5), the word “existing” is omitted as surplus.
In subsection (b), before clause (1), the text of 49 App.:1674a(a)(2) (1st sentence) is omitted as executed. The text of 49 App.:1674a(a)(2) (last sentence) is omitted as surplus. The words “with respect to standards applicable to the design, installation, construction, initial inspection, and initial testing of any new LNG facility” are omitted because of the restatement. In clause (1), the words “thermal resistance and other” are omitted as surplus. In clause (2), the words “(such as multiple diking, insulated concrete, and vapor containment barriers)” are omitted as surplus. In clause (3), the words “(for example, whether it is to be in a liquid or semisolid state)” are omitted as surplus. In clause (4), the words “under such a design” are omitted as surplus.
In subsection (c)(1) and (2), the word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the Code.
In subsection (c)(1), before clause (A), the words “if the standard is to be applied” are added for clarity. The word “either” is omitted as surplus. In clause (B), the word “Federal” is omitted as surplus. The words “the authority is applied” are substituted for “such authority was exercised” for clarity.
In subsection (c)(2)(A), before clause (i), the words “design, installation, construction, initial inspection, or initial testing standard prescribed under this chapter after March 1, 1978” are substituted for “Any such standard (other than one affecting location)” for clarity. In clause (i), the words “of the facility involved” are omitted as surplus. In clause (ii), the word “otherwise” is omitted as surplus.
In subsection (d), before clause (1), the words “Not later than 270 days after November 30, 1979” are omitted as executed. The words “with respect to standards for the operation and maintance [sic] of any LNG facility” are omitted because of the restatement. In clause (3), the words “to be used with respect to the operation of such facility” and “sabotage or other” are omitted as surplus.
In subsection (e), the text of 49 App.:1674a(f) (related to 49 App.:1672(a)(1) (8th, last sentences), (c), and (d)) is omitted as surplus because those provisions apply to all standards prescribed under the Natural Gas Pipeline Safety Act of 1968 (Public Law 90–481, 82 Stat. 720).
In subsection (f), the words “Secretary of Energy” are substituted for “Department of Energy” because of 42:7131. The words “or local” are added for clarity. The words “in the case of any facility not subject to the jurisdiction of the Department under the Natural Gas Act” are omitted as surplus.
Amendments
2016—Subsec. (a)(7). Pub. L. 114–183 added par. (7).
Savings Clause
Pub. L. 114–183, § 27(c), June 22, 2016, 130 Stat. 532, provided that:
“Nothing in this section [amending this section and enacting provisions set out as a note below] shall be construed to limit the Secretary’s authority under chapter 601 of title 49, United States Code, to regulate liquefied natural gas pipeline facilities.”
Update to Minimum Safety Standards
Pub. L. 114–183, § 27(b), June 22, 2016, 130 Stat. 532, provided that:
“The Secretary of Transportation shall review and update the minimum safety standards prescribed pursuant to
section 60103 of title 49, United States Code, for permanent, small scale liquefied natural gas pipeline facilities.”