49 U.S.C. § 60102 | Purpose and general authority

(a)

Purpose and Minimum Safety Standards.—

(1)

Purpose .—

The purpose of this chapter is to provide adequate protection against risks to life and property posed by pipeline transportation and pipeline facilities by improving the regulatory and enforcement authority of the Secretary of Transportation.

(2)

Minimum safety standards .—

The Secretary shall prescribe minimum safety standards for pipeline transportation and for pipeline facilities. The standards—

(A)

apply to any or all of the owners or operators of pipeline facilities;

(B)

may apply to the design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities; and

(C)

shall include a requirement that all individuals who operate and maintain pipeline facilities shall be qualified to operate and maintain the pipeline facilities.

(3)

Qualifications of pipeline operators .—

The qualifications applicable to an individual who operates and maintains a pipeline facility shall address the ability to recognize and react appropriately to abnormal operating conditions that may indicate a dangerous situation or a condition exceeding design limits. The operator of a pipeline facility shall ensure that employees who operate and maintain the facility are qualified to operate and maintain the pipeline facilities.

(b)

Practicability and Safety Needs Standards.—

(1)

In general .—

A standard prescribed under subsection (a) shall be—

(A)

practicable; and

(B)

designed to meet the need for—

(i)

gas pipeline safety, or safely transporting hazardous liquids, as appropriate; and

(ii)

protecting the environment.

(2)

Factors for consideration .—

When prescribing any standard under this section or section 60101(b), 60103, 60108, 60109, 60110, or 60113, the Secretary shall consider—

(A)

relevant available—

(i)

gas pipeline safety information;

(ii)

hazardous liquid pipeline safety information; and

(iii)

environmental information;

(B)

the appropriateness of the standard for the particular type of pipeline transportation or facility;

(C)

the reasonableness of the standard;

(D)

based on a risk assessment, the reasonably identifiable or estimated benefits expected to result from implementation or compliance with the standard;

(E)

based on a risk assessment, the reasonably identifiable or estimated costs expected to result from implementation or compliance with the standard;

(F)

comments and information received from the public; and

(G)

the comments and recommendations of the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as appropriate.

(3)

Risk assessment .—

In conducting a risk assessment referred to in subparagraphs (D) and (E) of paragraph (2), the Secretary shall—

(A)

identify the regulatory and nonregulatory options that the Secretary considered in prescribing a proposed standard;

(B)

identify the costs and benefits associated with the proposed standard;

(C)

include—

(i)

an explanation of the reasons for the selection of the proposed standard in lieu of the other options identified; and

(ii)

with respect to each of those other options, a brief explanation of the reasons that the Secretary did not select the option; and

(D)

identify technical data or other information upon which the risk assessment information and proposed standard is based.

(4)

Review.—

(A)

In general .—

The Secretary shall—

(i)

submit any risk assessment information prepared under paragraph (3) of this subsection to the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as appropriate; and

(ii)

make that risk assessment information available to the general public.

(B)

Peer review panels .—

The committees referred to in subparagraph (A) shall serve as peer review panels to review risk assessment information prepared under this section. Not later than 90 days after receiving risk assessment information for review pursuant to subparagraph (A), each committee that receives that risk assessment information shall prepare and submit to the Secretary a report that includes—

(i)

an evaluation of the merit of the data and methods used; and

(ii)

any recommended options relating to that risk assessment information and the associated standard that the committee determines to be appropriate.

(C)

Review by secretary .—

Not later than 90 days after receiving a report submitted by a committee under subparagraph (B), the Secretary—

(i)

shall review the report;

(ii)

shall provide a written response to the committee that is the author of the report concerning all significant peer review comments and recommended alternatives contained in the report; and

(iii)

may revise the risk assessment and the proposed standard before promulgating the final standard.

(5)

Secretarial decisionmaking .—

Except where otherwise required by statute, the Secretary shall propose or issue a standard under this chapter only upon a reasoned determination that the benefits, including safety and environmental benefits, of the intended standard justify its costs.

(6)

Exceptions from application .—

The requirements of subparagraphs (D) and (E) of paragraph (2) do not apply when—

(A)

the standard is the product of a negotiated rulemaking, or other rulemaking including the adoption of industry standards that receives no significant adverse comment within 60 days of notice in the Federal Register;

(B)

based on a recommendation (in which three-fourths of the members voting concur) by the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as applicable, the Secretary waives the requirements; or

(C)

section 553(b)(3)(B) of title 5 the Secretary finds, pursuant to , United States Code, that notice and public procedure are not required.

(7)

Report .—

March 31, 2000Not later than , the Secretary shall transmit to the Congress a report that—

(A)

describes the implementation of the risk assessment requirements of this section, including the extent to which those requirements have affected regulatory decisionmaking and pipeline safety; and

(B)

includes any recommendations that the Secretary determines would make the risk assessment process conducted pursuant to the requirements under this chapter a more effective means of assessing the benefits and costs associated with alternative regulatory and nonregulatory options in prescribing standards under the Federal pipeline safety regulatory program under this chapter.

(c)

Public Safety Program Requirements .—

(1)

The Secretary shall include in the standards prescribed under subsection (a) of this section a requirement that an operator of a gas pipeline facility participate in a public safety program that—

(A)

notifies an operator of proposed demolition, excavation, tunneling, or construction near or affecting the facility;

(B)

requires an operator to identify a pipeline facility that may be affected by the proposed demolition, excavation, tunneling, or construction, to prevent damaging the facility; and

(C)

the Secretary decides will protect a facility adequately against a hazard caused by demolition, excavation, tunneling, or construction.

(2)

To the extent a public safety program referred to in paragraph (1) of this subsection is not available, the Secretary shall prescribe standards requiring an operator to take action the Secretary prescribes to provide services comparable to services that would be available under a public safety program.

(3)

The Secretary may include in the standards prescribed under subsection (a) of this section a requirement that an operator of a hazardous liquid pipeline facility participate in a public safety program meeting the requirements of paragraph (1) of this subsection or maintain and carry out a damage prevention program that provides services comparable to services that would be available under a public safety program.

(4)

Promoting public awareness.—

(A)

1 See References in Text note below.

Not later than one year after the date of enactment of the Accountable Pipeline Safety and Accountability Act of 1996, and annually thereafter, the owner or operator of each interstate gas pipeline facility shall provide to the governing body of each municipality in which the interstate gas pipeline facility is located, a map identifying the location of such facility.

(B)

(i)

June 1, 1998 Not later than , the Secretary shall survey and assess the public education programs under section 60116 and the public safety programs under section 60102(c) and determine their effectiveness and applicability as components of a model program. In particular, the survey shall include the methods by which operators notify residents of the location of the facility and its right of way, public information regarding existing One-Call programs, and appropriate procedures to be followed by residents of affected municipalities in the event of accidents involving interstate gas pipeline facilities.

(ii)

Not later than one year after the survey and assessment are completed, the Secretary shall institute a rulemaking to determine the most effective public safety and education program components and promulgate if appropriate, standards implementing those components on a nationwide basis. In the event that the Secretary finds that promulgation of such standards are not appropriate, the Secretary shall report to Congress the reasons for that finding.

(d)

Facility Operation Information Standards .—

The Secretary shall prescribe minimum standards requiring an operator of a pipeline facility subject to this chapter to maintain, to the extent practicable, information related to operating the facility as required by the standards prescribed under this chapter and, when requested, to make the information available to the Secretary and an appropriate State official as determined by the Secretary. The information shall include—

(1)

the business name, address, and telephone number, including an operations emergency telephone number, of the operator;

(2)

section 60109 of this title accurate maps and a supplementary geographic description, including an identification of areas described in regulations prescribed under , that show the location in the State of—

(A)

major gas pipeline facilities of the operator, including transmission lines and significant distribution lines; and

(B)

major hazardous liquid pipeline facilities of the operator;

(3)

a description of—

(A)

the characteristics of the operator’s pipelines in the State; and

(B)

products transported through the operator’s pipelines in the State;

(4)

the manual that governs operating and maintaining pipeline facilities in the State;

(5)

an emergency response plan describing the operator’s procedures for responding to and containing releases, including—

(A)

identifying specific action the operator will take on discovering a release;

(B)

liaison procedures with State and local authorities for emergency response; and

(C)

communication and alert procedures for immediately notifying State and local officials at the time of a release; and

(6)

other information the Secretary considers useful to inform a State of the presence of pipeline facilities and operations in the State.

(e)

Pipe Inventory Standards .—

The Secretary shall prescribe minimum standards requiring an operator of a pipeline facility subject to this chapter to maintain for the Secretary, to the extent practicable, an inventory with appropriate information about the types of pipe used for the transportation of gas or hazardous liquid, as appropriate, in the operator’s system and additional information, including the material’s history and the leak history of the pipe. The inventory—

(1)

section 60109 of this title for a gas pipeline facility, shall include an identification of each facility passing through an area described in regulations prescribed under but shall exclude equipment used with the compression of gas; and

(2)

section 60109 of this title for a hazardous liquid pipeline facility, shall include an identification of each facility and gathering line passing through an area described in regulations prescribed under , whether the facility or gathering line otherwise is subject to this chapter, but shall exclude equipment associated only with the pipeline pumps or storage facilities.

(f)

Standards as Accommodating “Smart Pigs” .—

(1)

Minimum safety standards .—

The Secretary shall prescribe minimum safety standards requiring that—

(A)

the design and construction of new natural gas transmission pipeline or hazardous liquid pipeline facilities, and

(B)

when the replacement of existing natural gas transmission pipeline or hazardous liquid pipeline facilities or equipment is required, the replacement of such existing facilities be carried out, to the extent practicable, in a manner so as to accommodate the passage through such natural gas transmission pipeline or hazardous liquid pipeline facilities of instrumented internal inspection devices (commonly referred to as “smart pigs”). The Secretary may extend such standards to require existing natural gas transmission pipeline or hazardous liquid pipeline facilities, whose basic construction would accommodate an instrumented internal inspection device to be modified to permit the inspection of such facilities with instrumented internal inspection devices.

(2)

Periodic inspections .—

October 24, 1995section 60109 of this titleNot later than , the Secretary shall prescribe, if necessary, additional standards requiring the periodic inspection of each pipeline the operator of the pipeline identifies under . The standards shall include any circumstances under which an inspection shall be conducted with an instrumented internal inspection device and, if the device is not required, use of an inspection method that is at least as effective as using the device in providing for the safety of the pipeline.

(g)

Effective Dates .—

section 60110 of this titleA standard prescribed under this section and is effective on the 30th day after the Secretary prescribes the standard. However, the Secretary for good cause may prescribe a different effective date when required because of the time reasonably necessary to comply with the standard. The different date must be specified in the regulation prescribing the standard.

(h)

Safety Condition Reports .—

(1)

The Secretary shall prescribe regulations requiring each operator of a pipeline facility (except a master meter) to submit to the Secretary a written report on any—

(A)

condition that is a hazard to life, property, or the environment; and

(B)

safety-related condition that causes or has caused a significant change or restriction in the operation of a pipeline facility.

(2)

Submission of report .—

As soon as practicable, but not later than 5 business days, after a representative of a person to whom this section applies first establishes that a condition described in paragraph (1) exists, the operator shall submit the report required under that paragraph to—

(A)

the Secretary;

(B)

the appropriate State authority or, where no appropriate State authority exists, to the Governor of a State where the subject of the Safety Related Condition report occurred; and

(C)

the appropriate Tribe where the subject of the Safety Related Condition report occurred.

(3)

Submission of report to other entities .—

Upon request, a State authority or a Governor that receives a report submitted under this subsection may submit the report to any relevant emergency response or planning entity, including any—

(A)

42 U.S.C. 11001 State emergency response commission established pursuant to section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 ();

(B)

Tribal emergency response commission or emergency planning committee (as defined in part 355 of title 40, Code of Federal Regulations (or a successor regulation));

(C)

42 U.S.C. 11001 local emergency planning committee established pursuant to section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (); or

(D)

other public agency responsible for emergency response.

(i)

Carbon Dioxide Regulation .—

(1)

Transportation in liquid state .—

The Secretary shall regulate carbon dioxide transported by a hazardous liquid pipeline facility. The Secretary shall prescribe standards related to hazardous liquid to ensure the safe transportation of carbon dioxide by such a facility.

(2)

Transportation in gaseous state.—

(A)

Minimum safety standards .—

The Secretary shall prescribe minimum safety standards for the transportation of carbon dioxide by pipeline in a gaseous state.

(B)

Considerations .—

In establishing the standards, the Secretary shall consider whether applying the minimum safety standards in part 195 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this paragraph, for the transportation of carbon dioxide in a liquid state to the transportation of carbon dioxide in a gaseous state would ensure safety.

(3)

Limitation on statutory construction .—

Nothing in this subsection authorizes the Secretary to regulate piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of carbon dioxide or the preparation of carbon dioxide for transportation by pipeline at production, refining, or manufacturing facilities.

(j)

Emergency Flow Restricting Devices .—

(1)

October 24, 1994 Not later than , the Secretary shall survey and assess the effectiveness of emergency flow restricting devices (including remotely controlled valves and check valves) and other procedures, systems, and equipment used to detect and locate hazardous liquid pipeline ruptures and minimize product releases from hazardous liquid pipeline facilities.

(2)

Not later than 2 years after the survey and assessment are completed, the Secretary shall prescribe standards on the circumstances under which an operator of a hazardous liquid pipeline facility must use an emergency flow restricting device or other procedure, system, or equipment described in paragraph (1) of this subsection on the facility.

(k)

Low-Stress Hazardous Liquid Pipelines.—

(1)

Minimum standards .—

December 31, 2007Not later than , the Secretary shall issue regulations subjecting low-stress hazardous liquid pipelines to the same standards and regulations as other hazardous liquid pipelines, except as provided in paragraph (3). The implementation of the applicable standards and regulatory requirements may be phased in. The regulations issued under this paragraph shall not apply to gathering lines.

(2)

General prohibition against low internal stress exception .—

Except as provided in paragraph (3), the Secretary may not provide an exception to the requirements of this chapter for a hazardous liquid pipeline because the pipeline operates at low internal stress.

(3)

Limited exceptions .—

The Secretary shall provide or continue in force exceptions to this subsection for low-stress hazardous liquid pipelines that—

(A)

are subject to safety regulations of the United States Coast Guard; or

(B)

serve refining, manufacturing, or truck, rail, or vessel terminal facilities if the pipeline is less than 1 mile long (measured outside the facility grounds) and does not cross an offshore area or a waterway currently used for commercial navigation,

until regulations issued under paragraph (1) become effective. After such regulations become effective, the Secretary may retain or remove those exceptions as appropriate.

(4)

Relationship to other laws .—

Nothing in this subsection shall be construed to prohibit or otherwise affect the applicability of any other statutory or regulatory exemption to any hazardous liquid pipeline.

(5)

Definition .—

For purposes of this subsection, the term “low-stress hazardous liquid pipeline” means a hazardous liquid pipeline that is operated in its entirety at a stress level of 20 percent or less of the specified minimum yield strength of the line pipe.

(6)

Effective date .—

The requirements of this subsection shall not take effect as to low-stress hazardous liquid pipeline operators before the effective date of the rules promulgated by the Secretary under this subsection.

(l)

Updating Standards .—

The Secretary shall, to the extent appropriate and practicable, update incorporated industry standards that have been adopted as part of the Federal pipeline safety regulatory program under this chapter.

(m)

Inspections by Direct Assessment .—

Not later than 1 year after the date of the enactment of this subsection, the Secretary shall issue regulations prescribing standards for inspection of a pipeline facility by direct assessment.

(n)

Automatic and Remote-Controlled Shut-off Valves for New Transmission Pipelines.—

(1)

In general .—

Not later than 2 years after the date of enactment of this subsection, and after considering the factors specified in subsection (b)(2), the Secretary, if appropriate, shall require by regulation the use of automatic or remote-controlled shut-off valves, or equivalent technology, where economically, technically, and operationally feasible on transmission pipeline facilities constructed or entirely replaced after the date on which the Secretary issues the final rule containing such requirement.

(2)

High-consequence area study.—

(A)

Study .—

The Comptroller General of the United States shall conduct a study on the ability of transmission pipeline facility operators to respond to a hazardous liquid or gas release from a pipeline segment located in a high-consequence area.

(B)

Considerations .—

In conducting the study, the Comptroller General shall consider the swiftness of leak detection and pipeline shutdown capabilities, the location of the nearest response personnel, and the costs, risks, and benefits of installing automatic and remote-controlled shut-off valves.

(C)

Report .—

Not later than 1 year after the date of enactment of this subsection, the Comptroller General shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

(o)

Transportation-Related Oil Flow Lines.—

(1)

Data collection .—

The Secretary may collect geospatial or technical data on transportation-related oil flow lines, including unregulated transportation-related oil flow lines.

(2)

Transportation-related oil flow line defined .—

In this subsection, the term “transportation-related oil flow line” means a pipeline transporting oil off of the grounds of the well where it originated and across areas not owned by the producer, regardless of the extent to which the oil has been processed, if at all.

(3)

Limitation .—

Nothing in this subsection authorizes the Secretary to prescribe standards for the movement of oil through production, refining, or manufacturing facilities or through oil production flow lines located on the grounds of wells.

(p)

Limitation on Incorporation of Documents by Reference .—

Beginning 3 years after the date of enactment of this subsection, the Secretary may not issue a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge.

(q)

Gas Pipeline Leak Detection and Repair.—

(1)

In general .—

Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate final regulations that require operators of regulated gathering lines (as defined pursuant to subsection (b) of section 60101 for purposes of subsection (a)(21) of that section) in a Class 2 location, Class 3 location, or Class 4 location, as determined under section 192.5 of title 49, Code of Federal Regulations, operators of new and existing gas transmission pipeline facilities, and operators of new and existing gas distribution pipeline facilities to conduct leak detection and repair programs—

(A)

to meet the need for gas pipeline safety, as determined by the Secretary; and

(B)

to protect the environment.

(2)

Leak detection and repair programs.—

(A)

Minimum performance standards .—

The final regulations promulgated under paragraph (1) shall include, for the leak detection and repair programs described in that paragraph, minimum performance standards that reflect the capabilities of commercially available advanced technologies that, with respect to each pipeline covered by the programs, are appropriate for—

(i)

the type of pipeline;

(ii)

the location of the pipeline;

(iii)

the material of which the pipeline is constructed; and

(iv)

the materials transported by the pipeline.

(B)

Requirement .—

The leak detection and repair programs described in paragraph (1) shall be able to identify, locate, and categorize all leaks that—

(i)

are hazardous to human safety or the environment; or

(ii)

have the potential to become explosive or otherwise hazardous to human safety.

(3)

Advanced leak detection technologies and practices.—

(A)

In general .—

The final regulations promulgated under paragraph (1) shall—

(i)

require the use of advanced leak detection technologies and practices described in subparagraph (B);

(ii)

identify any scenarios where operators may use leak detection practices that depend on human senses; and

(iii)

include a schedule for repairing or replacing each leaking pipe, except a pipe with a leak so small that it poses no potential hazard, with appropriate deadlines.

(B)

Advanced leak detection technologies and practices described .—

The advanced leak detection technologies and practices referred to in subparagraph (A)(i) include—

(i)

for new and existing gas distribution pipeline facilities, technologies and practices to detect pipeline leaks—

(I)

through continuous monitoring on or along the pipeline; or

(II)

through periodic surveys with handheld equipment, equipment mounted on mobile platforms, or other means using commercially available technology;

(ii)

for new and existing gas transmission pipeline facilities, technologies and practices to detect pipeline leaks through—

(I)

equipment that is capable of continuous monitoring; or

(II)

periodic surveys with handheld equipment, equipment mounted on mobile platforms, or other means using commercially available technology; and

(iii)

for regulated gathering lines in Class 2 locations, Class 3 locations, or Class 4 locations, technologies and practices to detect pipeline leaks through—

(I)

equipment that is capable of continuous monitoring; or

(II)

periodic surveys with handheld equipment, equipment mounted on mobile platforms, or other means using commercially available technology.

(4)

Rules of construction.—

(A)

Surveys and timelines .—

In promulgating regulations under this subsection, the Secretary—

(i)

may not reduce the frequency of surveys required under any other provision of this chapter or stipulated by regulation as of the date of enactment of this subsection; and

(ii)

may not extend the duration of any timelines for the repair or remediation of leaks that are stipulated by regulation as of the date of enactment of this subsection.

(B)

Application .—

The limitations in this paragraph do not restrict the Secretary’s ability to modify any regulations through proceedings separate from or subsequent to the final regulations required under paragraph (1).

(C)

Existing authority .—

Nothing in this subsection may be construed to alter the authority of the Secretary to regulate gathering lines as defined pursuant to section 60101.

(r)

Emergency Response Plans .—

Not later than 2 years after the date of enactment of this subsection, the Secretary shall update regulations to ensure that each emergency response plan developed by an operator of a distribution system under subsection (d)(5), includes written procedures for—

(1)

establishing communication with first responders and other relevant public officials, as soon as practicable, beginning from the time of confirmed discovery, as determined by the Secretary, by the operator of a gas pipeline emergency involving a release of gas from a distribution system of that operator that results in—

(A)

a fire related to an unintended release of gas;

(B)

an explosion;

(C)

1 or more fatalities; or

(D)

the unscheduled release of gas and shutdown of gas service to a significant number of customers, as determined by the Secretary;

(2)

establishing general public communication through an appropriate channel—

(A)

as soon as practicable, as determined by the Secretary, after a gas pipeline emergency described in paragraph (1); and

(B)

that provides information regarding—

(i)

the emergency described in subparagraph (A); and

(ii)

the status of public safety; and

(3)

the development and implementation of a voluntary, opt-in system that would allow operators of distribution systems to rapidly communicate with customers in the event of an emergency.

(s)

Operations and Maintenance Manuals .—

Not later than 2 years after the date of enactment of this subsection, the Secretary shall update regulations to ensure that each procedural manual for operations, maintenance, and emergencies developed by an operator of a distribution pipeline under subsection (d)(4), includes written procedures for—

(1)

responding to overpressurization indications, including specific actions and an order of operations for immediately reducing pressure in or shutting down portions of the gas distribution system, if necessary; and

(2)

a detailed procedure for the management of the change process, which shall—

(A)

be applied to significant technology, equipment, procedural, and organizational changes to the distribution system; and

(B)

ensure that relevant qualified personnel, such as an engineer with a professional engineer licensure, subject matter expert, or other employee who possesses the necessary knowledge, experience, and skills regarding natural gas distribution systems, review and certify construction plans for accuracy, completeness, and correctness.

(t)

Other Pipeline Safety Practices.—

(1)

Records .—

Not later than 2 years after the date of enactment of this subsection, the Secretary shall promulgate regulations to require an operator of a distribution system—

(A)

to identify and manage traceable, reliable, and complete records, including maps and other drawings, critical to ensuring proper pressure controls for a gas distribution system, and updating these records as needed, while collecting and identifying other records necessary for risk analysis on an opportunistic basis; and

(B)

to ensure that the records required under subparagraph (A) are—

(i)

accessible to all personnel responsible for performing or overseeing relevant construction or engineering work; and

(ii)

submitted to, or made available for inspection by, the Secretary or the relevant State authority with a certification in effect under section 60105.

(2)

Presence of qualified employees.—

(A)

In general .—

Not later than 180 days after the date of enactment of this subsection, the Secretary shall promulgate regulations to require that not less than 1 agent of an operator of a distribution system who is qualified to perform relevant covered tasks, as determined by the Secretary, shall monitor gas pressure at the district regulator station or at an alternative site with equipment capable of ensuring proper pressure controls and have the capability to promptly shut down the flow of gas or control over pressurization at a district regulator station during any construction project that has the potential to cause a hazardous overpressurization at that station, including tie-ins and abandonment of distribution lines and mains, based on an evaluation, conducted by the operator, of threats that could result in unsafe operation.

(B)

Exclusion .—

In promulgating regulations under subparagraph (A), the Secretary shall ensure that those regulations do not apply to a district regulating station that has a monitoring system and the capability for remote or automatic shutoff.

(3)

District regulator stations.—

(A)

In general .—

Not later than 1 year after the date of enactment of this subsection, the Secretary shall promulgate regulations to require that each operator of a distribution system assesses and upgrades, as appropriate, each district regulator station of the operator to ensure that—

(i)

the risk of the gas pressure in the distribution system exceeding, by a common mode of failure, the maximum allowable operating pressure (as described in section 192.623 of title 49, Code of Federal Regulations (or a successor regulation)) allowed under Federal law (including regulations) is minimized;

(ii)

the gas pressure of a low-pressure distribution system is monitored, particularly at or near the location of critical pressure-control equipment;

(iii)

the regulator station has secondary or backup pressure-relieving or overpressure-protection safety technology, such as a relief valve or automatic shutoff valve, or other pressure-limiting devices appropriate for the configuration and siting of the station and, in the case of a regulator station that employs the primary and monitor regulator design, the operator shall eliminate the common mode of failure or provide backup protection capable of either shutting the flow of gas, relieving gas to the atmosphere to fully protect the distribution system from overpressurization events, or there must be technology in place to eliminate a common mode of failure; and

(iv)

if the Secretary determines that it is not operationally possible for an operator to implement the requirements under clause (iii), the Secretary shall require such operator to identify actions in their plan that minimize the risk of an overpressurization event.

Pub. L. 103–272, § 1(e)July 5, 1994108 Stat. 1304 Pub. L. 104–304Oct. 12, 1996110 Stat. 3794 Pub. L. 107–355Dec. 17, 2002116 Stat. 3009 Pub. L. 109–468, § 4Dec. 29, 2006120 Stat. 3490 Pub. L. 112–90Jan. 3, 2012125 Stat. 1906 Pub. L. 113–30, § 1Aug. 9, 2013127 Stat. 510 Pub. L. 116–260, div. R, title IDec. 27, 2020134 Stat. 2228 (, , ; , §§ 4, 20(g), , , 3805; , §§ 20(a)(1), (2)(A), 23, , , 3011; , , ; , §§ 4, 12, 15, 18(b), 24, , , 1913, 1915, 1916, 1919; , , ; , §§ 113, 118, 121, title II, §§ 203, 204, 206, , , 2234, 2236, 2239–2241.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
60102(a)(1)	49 App.:1672(a)(1) (1st, 2d sentences).	Aug. 12, 1968, Pub. L. 90–481, § 3(a)(1) (1st, 2d, 7th, 8th sentences), 82 Stat. 721; Oct. 11, 1976, Pub. L. 94–477, § 4(1), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§ 101(a), 109(c)–(e), 93 Stat. 990, 996; Oct. 24, 1992, Pub. L. 102–508, § 101(a)(1), (2), 106 Stat. 3290.
	49 App.:1672(a)(1) (3d sentence).	Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(a)(1) (3d sentence); added Oct. 31, 1988, Pub. L. 100–561, § 101, 102 Stat. 2806; Oct. 24, 1992, Pub. L. 102–508, § 106(1), 102 Stat. 3293.
	49 App.:2002(a)(1) (1st, 2d sentences).	Nov. 30, 1979, Pub. L. 96–129, 203(a)(1), 93 Stat. 1004; Oct. 22, 1986, Pub. L. 99–516, § 3(b)(1)(A), 100 Stat. 2966; Oct. 24, 1992, Pub. L. 102–508, § 201(a)(1), 106 Stat. 3299.
	49 App.:2002(c) (1st sentence).	Nov. 30, 1979, Pub. L. 96–129, § 203(c) (1st sentence), (e), (f), 93 Stat. 1004.
	49 App.:2002(c) (2d sentence).	Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(c) (2d sentence); added Oct. 31, 1988, Pub. L. 100–561, § 201, 102 Stat. 2809; Oct. 24, 1992, Pub. L. 102–508, § 205(1), 106 Stat. 3302.
60102(a)(2)	49 App.:1672(a)(1) (4th, 5th sentences).	Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(a)(1) (4th, 5th sentences); added Oct. 24, 1992, Pub. L. 102–508, § 106(2), 102 Stat. 3293.
	49 App.:2002(c) (3d, 4th sentences).	Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(c) (3d, 4th sentences); added Oct. 24, 1992, Pub. L. 102–508, § 205(2), 106 Stat. 3302.
60102(b)	49 App.:1672(a)(1) (7th, 8th sentences).
	49 App.:2002(a)(1) (last sentence).
	49 App.:2002(b) (1st sentence).	Nov. 30, 1979, Pub. L. 96–129, § 203(b) (1st sentence), 93 Stat. 1004; Oct. 24, 1992, Pub. L. 102–508, § 201(a)(3), 106 Stat. 3300.
60102(c)(1), (2)	49 App.:1672(a)(2).	Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(a)(2); added Nov. 30, 1979, Pub. L. 96–129, §§ 101(a), 109(c), 93 Stat. 990, 996.
60102(c)(3)	49 App.:2002(e).
60102(d)	49 App.:1672(e).	Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(e); added Oct. 31, 1988, Pub. L. 100–561, § 102, 102 Stat. 2806; Oct. 24, 1992, Pub. L. 102–508, § 102(b), 106 Stat. 3291.
	49 App.:2002(i).	Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(i); added Oct. 31, 1988, Pub. L. 100–561, § 202, 102 Stat. 2810; Oct. 24, 1992, Pub. L. 102–508, § 202(b), 106 Stat. 3301.
60102(e)	49 App.:1672(f).	Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(f); added Oct. 31, 1988, Pub. L. 100–561, § 102, 102 Stat. 2806; Oct. 24, 1992, Pub. L. 102–508, § 102(a)(1), 106 Stat. 3290.
	49 App.:2002(j).	Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(j); added Oct. 31, 1988, Pub. L. 100–561, § 202, 102 Stat. 2810; Oct. 24, 1992, Pub. L. 102–508, § 202(a)(1), 106 Stat. 3300.
60102(f)	49 App.:1672(g).	Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(g); added Oct. 31, 1988, Pub. L. 100–561, § 108(b), 102 Stat. 2808; Oct. 24, 1992, Pub. L. 102–508, § 103, 106 Stat. 3291.
	49 App.:2002(k).	Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(k); added Oct. 31, 1988, Pub. L. 100–561, § 207(b), 102 Stat. 2812; Oct. 24, 1992, Pub. L. 102–508, § 203, 106 Stat. 3301.
60102(g)	49 App.:1672(b).	Aug. 12, 1968, Pub. L. 90–481, § 3(b), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96–129, § 109(c), (f), 93 Stat. 996.
	49 App.:2002(f).
60102(h)	49 App.:1672(a)(3).	Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(a)(3); added Oct. 22, 1986, Pub. L. 99–516, § 3(a)(1), 100 Stat. 2965; Oct. 24, 1992, Pub. L. 102–508, § 101(a)(3), 106 Stat. 3290.
	49 App.:2002(a)(2).	Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(a)(2); added Oct. 22, 1986, Pub. L. 99–516, § 3(b)(1)(B), 100 Stat. 2966; Oct. 24, 1992, Pub. L. 102–508, § 201(a)(2), 106 Stat. 3300.
60102(i)	49 App.:2015.	Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 219; added Oct. 31, 1988, Pub. L. 100–561, § 211(a), 102 Stat. 2813.
	49 App.:2015 (note).	Oct. 31, 1988, Pub. L. 100–561, § 211(c), 102 Stat. 2813.
60102(j)	49 App.:2002(n).	Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(n); added Oct. 24, 1992, Pub. L. 102–508, § 212, 106 Stat. 3304.
60102(k)	49 App.:2002(b) (last sentence).	Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 203(b) (last sentence); added Oct. 24, 1992, Pub. L. 102–508, § 206, 106 Stat. 3302.

In this section, the word “Federal” is omitted as surplus.

In subsection (a)(1), before clause (A), the word “prescribe” is substituted for “by regulation, establish” for consistency in the revised title and with other titles of the United States Code. Standards are made applicable to transporters of gas and to owners and operators of gas pipeline facilities because of 49 App.:1677(a)(1), restated in section 60118 of the revised title.

section 60103 of this titleIn subsection (b), before clause (1), the words “Except as provided in ” are added for clarity. In clause (3), the word “proposed” is omitted as surplus.

November 30, 1979In subsection (c)(1), before clause (A), the words “Not later than 12 months after ” are omitted as executed. The word “gas” is added because of the restatement. In clause (B), the word “specific” is omitted as surplus. In clause (C), the words “will protect” are substituted for “is being carried out in a manner . . . to assure protection” to eliminate unnecessary words.

In subsection (c)(2) and (3), the words “to the public with respect to that operator’s pipeline facilities which are” are omitted as surplus.

In subsection (c)(2), the word “prescribe” is substituted for “provide” for consistency in the revised title and with other titles of the Code.

In subsection (c)(3), the words “participate in a public safety program meeting the requirements of paragraph (1) of this subsection” are substituted for 49 App.:2002(e)(1) to eliminate unnecessary words.

October 31, 1988In subsection (d), before clause (1), the words “Not later than 1 year after ” are omitted as obsolete. The word “prescribe” is substituted for “establish by regulation” for consistency in the revised title and with other titles of the Code. The word “maintain” is substituted for “provide, and revise as necessary” and “completed and maintained” to eliminate unnecessary words. The words “as the case may be” are omitted as surplus. In clause (2), before subclause (A), the words “map or” and “appropriate” are omitted as surplus. In clause (5)(B), the word “government” is omitted as surplus and for consistency in this chapter. In clause (6), the words “and necessary” are omitted as surplus.

In subsections (e) and (f), the word “prescribe” is substituted for “by regulation, establish” for consistency in the revised title and with other titles of the Code.

October 31, 1988In subsection (e), before clause (1), the words “not later than 1 year after ” are omitted as obsolete. The words “complete and” and “and to revise as appropriate thereafter” are omitted as surplus.

In subsections (e)(2) and (k), the words “regulation under” are omitted as surplus.

In subsection (g), the words “and amendments thereto” and “recited” are omitted as surplus. The word “different” is substituted for “earlier or later” to eliminate unnecessary words. The words “or amending” are omitted as surplus.

October 22, 1986In subsection (h)(1), before clause (A), the words “Not later than 12 months after ” are omitted as obsolete.

In subsection (i), the words “In addition to hazardous liquids”, “under this chapter”, and “as necessary and appropriate” are omitted as surplus.

In subsection (k), the words “In exercising any discretion under this chapter” are omitted as surplus. The word “because” is substituted for “on the basis of the fact that” to eliminate unnecessary words.

Editorial Notes

References in Text

Pub. L. 104–304Oct. 12, 1996The date of enactment of the Accountable Pipeline Safety and Accountability Act of 1996, referred to in subsec. (c)(4)(A), probably means the date of enactment of the Accountable Pipeline Safety and Partnership Act of 1996, , which amended this section and was approved .

Pub. L. 112–90Jan. 3, 2012The date of enactment of this paragraph, referred to in subsec. (i)(2)(B), and the date of enactment of this subsection, referred to in subsecs. (n) and (p), are the date of enactment of , which was approved .

Pub. L. 107–355Dec. 17, 2002The date of the enactment of this subsection, referred to in subsec. (m), is the date of enactment of , which was approved .

Pub. L. 116–260Dec. 27, 2020The date of enactment of this subsection, referred to in subsecs. (q) to (t), is the date of enactment of , which was approved .

Amendments

Pub. L. 116–260, § 1182020—Subsec. (b)(5). , substituted “chapter” for “Chapter” and inserted “, including safety and environmental benefits,” after “benefits”.

Pub. L. 116–260, § 121Subsec. (h)(2), (3). , added pars. (2) and (3) and struck out former par. (2) which read as follows: “The Secretary must receive the report not later than 5 working days after a representative of a person to which this section applies first establishes that the condition exists. Notice of the condition shall be given concurrently to appropriate State authorities.”

Pub. L. 116–260, § 113Subsec. (q). , added subsec. (q).

Pub. L. 116–260, § 203Subsec. (r). , added subsec. (r).

Pub. L. 116–260, § 204Subsec. (s). , added subsec. (s).

Pub. L. 116–260, § 206Subsec. (t). , added subsec. (t).

Pub. L. 113–302013—Subsec. (p). substituted “3 years” for “1 year” and struck out “guidance or” before “a regulation” and “, on an Internet Web site” before period at end.

Pub. L. 112–90, § 18(b)2012—Subsec. (a)(2)(A). , substituted “any or all of the owners or operators” for “owners and operators”.

Pub. L. 112–90, § 15Subsec. (i). , designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).

Pub. L. 112–90, § 4(1)Subsec. (j)(3). , struck out par. (3). Text read as follows:

June 1, 1998“(A) Not later than , the Secretary shall survey and assess the effectiveness of remotely controlled valves to shut off the flow of natural gas in the event of a rupture of an interstate natural gas pipeline facility and shall make a determination about whether the use of remotely controlled valves is technically and economically feasible and would reduce risks associated with a rupture of an interstate natural gas pipeline facility.

“(B) Not later than one year after the survey and assessment are completed, if the Secretary has determined that the use of remotely controlled valves is technically and economically feasible and would reduce risks associated with a rupture of an interstate natural gas pipeline facility, the Secretary shall prescribe standards under which an operator of an interstate natural gas pipeline facility must use a remotely controlled valve. These standards shall include, but not be limited to, requirements for high-density population areas.”

Pub. L. 112–90, § 4(2)Subsec. (n). , added subsec. (n).

oPub. L. 112–90, § 12oSubsec. (). , added subsec. ().

Pub. L. 112–90, § 24Subsec. (p). , added subsec. (p).

Pub. L. 109–4682006—Subsec. (k). amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: “The Secretary may not provide an exception to this chapter for a hazardous liquid pipeline facility only because the facility operates at low internal stress.”

Pub. L. 107–355, § 20(a)(2)(A)2002—, substituted “Purpose and general authority” for “General authority” in section catchline.

Pub. L. 107–355, § 20(a)(1)Minimum safety standardsMinimum Safety StandardsSubsec. (a). , inserted subsec. heading, added par. (1), redesignated former par. (1) as (2), realigned margins, and substituted “” for “” in heading and “The Secretary” for “The Secretary of Transportation” in introductory provisions, and redesignated former par. (2) as (3) and inserted heading.

Pub. L. 107–355, § 23Subsec. (m). , added subsec. (m).

Pub. L. 104–304, § 4(a)(1)1996—Subsec. (a)(1)(A). , struck out “transporters of gas and hazardous liquid and to” after “apply to”.

Pub. L. 104–304, § 4(a)(2)Subsec. (a)(1)(C). , added subpar. (C) and struck out former subpar. (C) which read as follows: “shall include a requirement that all individuals responsible for the operation and maintenance of pipeline facilities be tested for qualifications and certified to operate and maintain those facilities.”

Pub. L. 104–304, § 4(a)(3)Subsec. (a)(2). , added par. (2) and struck out former par. (2) which read as follows: “As the Secretary considers appropriate, the operator of a pipeline facility may make the certification under paragraph (1)(C) of this subsection. Testing and certification under paragraph (1)(C) shall address the ability to recognize and react appropriately to abnormal operating conditions that may indicate a dangerous situation or a condition exceeding design limits.”

Pub. L. 104–304, § 4(b)section 60103 of this titleSubsec. (b). , reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A standard prescribed under subsection (a) of this section shall be practicable and designed to meet the need for gas pipeline safety, for safely transporting hazardous liquid, and for protecting the environment. Except as provided in , when prescribing the standard the Secretary shall consider—

“(1) relevant available—

“(A) gas pipeline safety information; or

“(B) hazardous liquid pipeline information;

“(2) the appropriateness of the standard for the particular type of pipeline transportation or facility;

“(3) the reasonableness of the standard; and

“(4) the extent to which the standard will contribute to public safety and the protection of the environment.”

Pub. L. 104–304, § 4(g)Subsec. (c)(4). , added par. (4).

Pub. L. 104–304, § 4(c)Subsec. (d). , inserted “as required by the standards prescribed under this chapter” after “operating the facility”, substituted “to make the information available” for “to provide the information”, and inserted “as determined by the Secretary” after “to the Secretary and an appropriate State official”.

Pub. L. 104–304, § 4(d)(2)Subsec. (e). , substituted “transportation” for “transmission” in introductory provisions.

Pub. L. 104–304, § 4(d)(1)section 60101(b)(2) of this title, in introductory provisions, directed striking out “and, to the extent the Secretary considers necessary, an operator of a gathering line that is not a regulated gather line (as defined under ),” after “subject to this chapter”, which was executed by striking out text which read in part “regulated gathering line” instead of “regulated gather line”, to reflect the probable intent of Congress.

Pub. L. 104–304, § 4(e)(1)Subsec. (f)(1). , added heading and text of par. (1) and struck out former par. (1) which read as follows: “The Secretary shall prescribe minimum safety standards requiring that the design and construction of a new gas pipeline transmission facility or hazardous liquid pipeline facility, and the required replacement of an existing gas pipeline transmission facility, hazardous liquid pipeline facility, or equipment, be carried out, to the extent practicable, in a way that accommodates the passage through the facility of an instrumented internal inspection device (commonly referred to as a ‘smart pig’). The Secretary may apply the standard to an existing gas or hazardous liquid transmission facility and require the facility to be changed to allow the facility to be inspected with an instrumented internal inspection device if the basic construction of the facility will accommodate the device.”

Pub. L. 104–304Subsec. (f)(2). , §§ 4(e)(2), 20(g), inserted heading, realigned margins, inserted “, if necessary, additional” after “the Secretary shall prescribe”, and substituted “standards” for “regulations” in two places.

Pub. L. 104–304, § 20(g)Subsecs. (i), (j)(2). , substituted “standards” for “regulations”.

Pub. L. 104–304, § 4(h)Subsec. (j)(3). , added par. (3).

lPub. L. 104–304, § 4(f)lSubsec. (). , added subsec. ().

Statutory Notes and Related Subsidiaries

Interstate Drug and Alcohol Oversight

Pub. L. 116–260, div. R, title I, § 117Dec. 27, 2020134 Stat. 2234

“(a)

In General .—

Dec. 27, 2020Not later than 18 months after the date of enactment of this Act [], the Secretary [of Transportation] shall amend the auditing program for the drug and alcohol regulations in part 199 of title 49, Code of Federal Regulations, to improve the efficiency and processes of those regulations as applied to—

“(1)

operators; and

“(2)

pipeline contractors working for multiple operators in multiple States.

“(b)

Requirement .—

In carrying out subsection (a), the Secretary shall minimize duplicative audits of the same operators, and the contractors working for those operators, by the Administration and multiple State agencies.

“(c)

Rule of Construction .—

Nothing in this section may be construed to require modification of the inspection or enforcement authority of any Federal agency or State.”

, , , provided that:

Rulemaking on Shut-Off Valves and Hazardous Liquid Pipeline Facilities Leak Detection Systems

Pub. L. 117–103, div. L, title IMar. 15, 2022136 Stat. 720

section 60108 of this title Public Law 112–90Mar. 15, 2022“That the Secretary of Transportation shall issue a final rule on automatic and remote-controlled shut-off valves and hazardous liquid pipeline facilities leak detection systems as required under section 4 [amending this section] and section 8 [enacting provisions set out as a note under ] of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (), respectively, not later than 120 days after the date of enactment of this Act []”.

, , , provided in part:

Pub. L. 116–94, div. H, title IDec. 20, 2019133 Stat. 2968

Dec. 20, 2019section 60108 of this title Public Law 112–90“That no later than 90 days after enactment of this Act [], the Secretary of Transportation shall initiate a rulemaking on automatic and remote-controlled shut-off valves and hazardous liquid pipeline facilities leak detection systems as required under section 4 [amending this section] and section 8 [enacting provisions set out as a note under ] of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (), respectively, and shall issue a final rule no later than one year after enactment of this Act.”

, , , provided in part:

Rulemaking To Expand Applicability of Comprehensive Oil Spill Response Plans

Pub. L. 116–6, div. G, title IFeb. 15, 2019133 Stat. 427

Feb. 15, 2019“That the Secretary of Transportation shall issue a final rule to expand the applicability of comprehensive oil spill response plans within 90 days of enactment of this Act []”.

, , , provided in part:

Pub. L. 115–141, div. L, title IMar. 23, 2018132 Stat. 1001

Mar. 23, 2018“That the Secretary of Transportation shall issue a final rule to expand the applicability of comprehensive oil spill response plans within 5 days of enactment of this Act [].”

, , , provided in part:

Pub. L. 115–31, div. K, title IMay 5, 2017131 Stat. 752

August 1, 2017“That the Secretary of Transportation shall issue a final rule to expand the applicability of comprehensive oil spill response plans no later than ”.

, , , provided in part:

Pub. L. 114–113, div. L, title IDec. 18, 2015129 Stat. 2861

Dec. 18, 2015“That no later than 90 days after the date of enactment of this Act [], the Secretary of Transportation shall initiate a rulemaking to expand the applicability of comprehensive oil spill response plans, and shall issue a final rule no later than one year after the date of enactment of this Act.”

, , , provided in part:

Response Plans

Pub. L. 114–183, § 18June 22, 2016130 Stat. 527

“Each owner or operator of a hazardous liquid pipeline facility required to prepare a response plan pursuant to part 194 of title 49, Code of Federal Regulations, shall—

“(1)

consider the impact of a discharge into or on navigable waters or adjoining shorelines, including those that may be covered in whole or in part by ice; and

“(2)

include procedures and resources for responding to such discharge in the plan.”

, , , provided that:

Standards To Implement NTSB Recommendations

Pub. L. 109–468, § 19Dec. 29, 2006120 Stat. 3498 Pub. L. 110–244, title III, § 302(j)June 6, 2008122 Stat. 1618

June 1, 2008November 29, 2005“Not later than , the Secretary of Transportation shall issue standards that implement the following recommendations contained in the National Transportation Safety Board’s report entitled ‘Supervisory Control and Data Acquisition (SCADA) in Liquid Pipelines’ and adopted :

“(1)

Implementation of the American Petroleum Institute’s Recommended Practice 1165 for the use of graphics on the supervisory control and data acquisition screens.

“(2)

Implementation of a standard for pipeline companies to review and audit alarms on monitoring equipment.

“(3)

Implementation of standards for pipeline controller training that include simulator or noncomputerized simulations for controller recognition of abnormal pipeline operating conditions, in particular, leak events.”

, , , as amended by , , , provided that:

State Pipeline Safety Advisory Committees

Pub. L. 107–355, § 24Dec. 17, 2002116 Stat. 3011

“Within 90 days after receiving recommendations for improvements to pipeline safety from an advisory committee appointed by the Governor of any State, the Secretary of Transportation shall respond in writing to the committee setting forth what action, if any, the Secretary will take on those recommendations and the Secretary’s reasons for acting or not acting upon any of the recommendations.”

, , , provided that: