
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC60109]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE VIII--PIPELINES
 
                           CHAPTER 601--SAFETY
 
Sec. 60109. High-density population areas and environmentally 
        sensitive areas
        
    (a) Identification Requirements.--Not later than October 24, 1994, 
the Secretary of Transportation shall prescribe standards that--
        (1) establish criteria for identifying--
            (A) by operators of gas pipeline facilities, each gas 
        pipeline facility (except a natural gas distribution line) 
        located in a high-density population area; and
            (B) by operators of hazardous liquid pipeline facilities and 
        gathering lines--
                (i) each hazardous liquid pipeline facility, whether 
            otherwise subject to this chapter, that crosses waters where 
            a substantial likelihood of commercial navigation exists or 
            that is located in an area described in the criteria as a 
            high-density population area; and
                (ii) each hazardous liquid pipeline facility and 
            gathering line, whether otherwise subject to this chapter, 
            located in an area that the Secretary, in consultation with 
            the Administrator of the Environmental Protection Agency, 
            describes as unusually sensitive to environmental damage if 
            there is a hazardous liquid pipeline accident; and

        (2) provide that the identification be carried out through the 
    inventory required under section 60102(e) of this title.

    (b) Areas To Be Included as Unusually Sensitive.--When describing 
areas that are unusually sensitive to environmental damage if there is a 
hazardous liquid pipeline accident, the Secretary shall consider areas 
where a pipeline rupture would likely cause permanent or long-term 
environmental damage, including--
        (1) locations near pipeline rights-of-way that are critical to 
    drinking water, including intake locations for community water 
    systems and critical sole source aquifer protection areas; and
        (2) locations near pipeline rights-of-way that have been 
    identified as critical wetlands, riverine or estuarine systems, 
    national parks, wilderness areas, wildlife preservation areas or 
    refuges, wild and scenic rivers, or critical habitat areas for 
    threatened and endangered species.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1315; Pub. L. 103-
429, Sec. 6(75), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 104-304, 
Secs. 7, 20(i), Oct. 12, 1996, 110 Stat. 3800, 3805.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
60109(a) (1)(A).......................  49 App.:1672(i)(1) (1st          Aug. 1
2, 1968, Pub. L. 90-481, 82 Stat.
                                         sentence), (2).                  720, 
Sec.  3(i); added Oct. 24, 1992,
                                                                          Pub. 
L. 102-508, Sec.  102(a)(2), 106
                                                                          Stat.
 3291.
60109(a) (1)(B).......................  49 App.:2002(m)(1) (1st          Nov. 3
0, 1979, Pub. L. 96-129, 93 Stat.
                                         sentence).                       989, 
Sec.  203(m); added Oct. 24,
                                                                          1992,
 Pub. L. 102-508, Sec.
                                                                          202(a
)(2), 106 Stat. 3300.
60109(a)(2)...........................  49 App.:1672(i)(1) (last
                                         sentence).
                                        49 App.:2002(m)(1) (2d
                                         sentence).
60109(b)..............................  49 App.:2002(m)(1) (last
                                         sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1)(B)(i) and (ii), the words ``regulation under'' 
and ``or not'' are omitted as surplus.


                             Pub. L. 103-429

    This amends 49:60109(a)(2) to correct an error in the codification 
enacted by section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 
Stat. 1315).


                               Amendments

    1996--Subsec. (a). Pub. L. 104-304, Sec. 20(i), substituted 
``standards'' for ``regulations'' in introductory provisions.
    Subsec. (a)(1)(B)(i). Pub. L. 104-304, Sec. 7(a), substituted 
``waters where a substantial likelihood of commercial navigation 
exists'' for ``a navigable waterway (as the Secretary defines by 
regulation)''.
    Subsec. (b). Pub. L. 104-304, Sec. 7(b), reenacted heading without 
change and amended text generally. Prior to amendment, text read as 
follows: ``When describing an area that is unusually sensitive to 
environmental damage if there is a hazardous liquid pipeline accident, 
the Secretary shall consider including--
        ``(1) earthquake zones and areas subject to landslides and other 
    substantial ground movements;
        ``(2) areas of likely ground water contamination if a hazardous 
    liquid pipeline facility ruptures;
        ``(3) freshwater lakes, rivers, and waterways; and
        ``(4) river deltas and other areas subject to soil erosion or 
    subsidence from flooding or other water action where a hazardous 
    liquid pipeline facility is likely to become exposed or 
    undermined.''
    1994--Subsec. (a)(2). Pub. L. 103-429 substituted ``section 
60102(e)'' for ``section 60102(c)''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 
of Pub. L. 103-429, set out as a note under section 321 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 60102 of this title.
