climatic and geologic conditions (including soil characteristics) associated with such areas, and the population density and population and growth patterns of such areas;

(D) any recommendation of the National Transportation Safety Board issued in connection with any investigation conducted by the Board under other provisions of law; and (E) such other factors as the Secretary may consider appropriate.

(4) The district courts of the United States shall have jurisdiction, upon petition by the Attorney General, to enforce orders issued under this subsection by appropriate means.

(5) The Secretary may waive the requirements for notice and hearing under this subsection and provide for expeditious issuance of an order under this subsection in any case in which he determines that the failure to do so would result in the likelihood of serious harm to life or property. However, the Secretary shall include in such an order an opportunity for hearing as soon as practicable after issuance of an order.

(Pub. L. 90-481, § 12, as added Pub. L. 96–129, title I, § 104(b), Nov. 30, 1979, 93 Stat. 993.)

REFERENCES IN TEXT

The Federal Rules of Criminal Procedure, referred to in subsec. (a)(2), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.

PRIOR PROVISIONS

A prior section 12 of Pub. L. 90-481 was renumbered 14 by Pub. L. 96–129, title I, § 104(b), Nov. 30, 1979, 93 Stat. 992, and is classified to section 1681 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 sections 1674, 1679a of this Appendix.

§ 1680. Inspection and maintenance plans

Each person who engages in the transportation of gas or who owns or operates intrastate pipeline transportation facilities shall prepare, maintain at such office or offices of that person as the Secretary determines appropriate, and carry out a written current plan for inspection and maintenance of each facility used in such transportation and owned or operated by such person, and any changes in such plan, in accordance with regulations prescribed by the Secretary or appropriate State agency. The Secretary may, by regulation, also require persons who engage in the transportation of gas or who own or operate pipeline facilities subject to the provisions of this chapter to file such plans for approval. If at any time the agency with responsibility for enforcement of compliance with the standards established under this chapter finds that such plan is inadequate to achieve safe operation, such agency shall, after notice and opportunity for a hearing, require such plan to be revised. The plan required by the agency shall be practicable and designed to

meet the need for pipeline safety. Such plans shall be made available to the Secretary or the appropriate State agency upon request pursuant to section 1681 of this Appendix. In determining the adequacy of any such plan, such agency shall consider

(1) relevant available pipeline safety data; (2) whether the plan is appropriate for the particular type of pipeline transportation; (3) the reasonableness of the plan; and

(4) the extent to which such plan will contribute to public safety.

(Pub. L. 90-481, § 13, formerly § 11, Aug. 12, 1968, 82 Stat. 726; Pub. L. 94-477, § 6, Oct. 11, 1976, 90 Stat. 2075; renumbered and amended Pub. L. 96-129, title I, §§ 104(b), 105(a), Nov. 30, 1979, 93 Stat. 992, 994.)

PRIOR PROVISIONS

A prior section 13 of Pub. L. 90-481 was renumbered 15 by Pub. L. 96-129, title I, § 104(b), Nov. 30, 1979, 93 Stat. 992, and is classified to section 1682 of this Appendix.

AMENDMENTS

1979-Pub. L. 96-129, § 105(a), substituted "shall prepare, maintain at such office or offices of that person as the Secretary determines appropriate, and carry out a written current plan for inspection and maintenance" for "shall file with the Secretary or, if a certifi cation or an agreement pursuant to section 1674 of this Appendix is in effect, with the appropriate State agency, a plan for inspection and maintenance" and added provision requiring that such plan be made available to the Secretary or the appropriate State agency upon request pursuant to section 1681 of this Appendix.

1976-Pub. L. 94-477 substituted "intrastate pipeline transportation facilities" for "pipeline facilities not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act", "if a certifica tion" for "where a certification", "the appropriate State agency" for "the State agency", and "each facility used in such transportation and owned" for "each such pipeline facility owned".

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 sections 1674, 1677 of this Appendix.

§ 1681. Powers and duties of Secretary (a) General authority

The Secretary may, to the extent necessary to carry out his responsibilities under this chapter, conduct investigations, make reports, issue subpenas, conduct hearings, require the production of relevant documents and records, take depositions, and conduct, directly or, by contract, or otherwise, research, testing, development, demonstration, and training activities; however, before the Secretary may exercise authority under this section to require testing of portions of pipeline facilities subject to the provisions of this chapter which have been involved in or affected by an accident, he shall make every effort to negotiate a mutually ac ceptable plan with the owner of such facilities

(b) Records and reports of persons engaged in transportation of gas or who own or operate pipeline facilities

Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require, and shall submit such reports and shall make such records and information available as the Secretary may request, to enable him to determine whether such person has acted or is acting in compliance with this chapter and the standards or orders issued under this chapter. (c) Inspection of records and property

Officers, employees, or agents authorized by the Secretary, upon presenting appropriate credentials to the person in charge, are authorized to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties are relevant to determining whether such persons have acted or are acting in compliance with this chapter and the standards or orders issued under this chapter.

(d) Availability of accident reports and research and demonstration project reports

Accident reports made by any officer, employee, or agent of the Department of Transportation shall be available for use in any civil, criminal, or other judicial proceeding arising out of such accident. Any such officer, employee, or agent may be required to testify in such proceedings as to the facts developed in such investigations. Any such report shall be made available to the public in a manner which need not identify individuals. All reports on research projects, demonstration projects, and other related activities shall be public information.

(e) Disclosure of information relating to trade secrets All information reported to or otherwise obtained by the Secretary or his representative pursuant to subsection (a), (b), or (c) of this section which information contains or relates to a trade secret referred to in section 1905 of title 18 shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any proceeding under this chapter. Nothing in this section shall authorize the withholding of information by the Secretary or any officer, employee, or agent under his control, from the duly authorized committees of the Congress.

(Pub. L. 90-481, § 14, formerly § 12, Aug. 12, 1968, 82 Stat. 727; renumbered and amended Pub. L. 96-129, title I, §§ 104(b), 106, Nov. 30, 1979, 93 Stat. 992, 994.)

PRIOR PROVISIONS

A prior section 14 of Pub. L. 90-481 was renumbered 16 by Pub. L. 96-129, title I, § 104(b), Nov. 30, 1979, 93 Stat. 992, and is classified to section 1683 of this Appendix.

Upon request, the Secretary shall furnish to the Federal Energy Regulatory Commission, or any appropriate State agency, any information he has concerning the safety of any materials, operations, devices, or processes relating to the transportation of gas or the operation of pipeline facilities.

(b) Cooperation with other agencies

The Secretary is authorized to advise, assist, and cooperate with other Federal departments and agencies and State and other interested public and private agencies and persons, in the planning and development of (1) Federal safety standards, and (2) methods for inspecting and testing to determine compliance with Federal safety standards.

(c) Consultation with other agencies

The Secretary is authorized to consult with, and make recommendations to, other Federal departments and agencies, State and local governments, and other public and private agencies or persons, for the purpose of developing and encouraging activities, including the enactment of legislation, to assist in the implementation of this chapter and to improve State and local pipeline safety programs.

(d) Intervention by Secretary

The Secretary may as a matter of right intervene or otherwise participate in any proceeding before the Federal Energy Regulatory Commission, or any State agency, which involves safety requirements relating to LNG facilities. The Secretary shall comply with rules of procedure of general applicability governing the timing of intervention or participation in such proceeding or activity and, upon intervening or participating therein, shall comply with rules of procedure of general applicability governing the conduct thereof.

(Pub. L. 90-481, § 15, formerly § 13, Aug. 12, 1968, 82 Stat. 727; Pub. L. 92-401, § 3, Aug. 22, 1972, 86 Stat. 616; renumbered and amended Pub. L. 96-129, title I, §§ 104(b), 109(j)(2), (k), 155, Nov. 30, 1979, 93 Stat. 992, 997, 1003.)

PRIOR PROVISIONS

A prior section 15 of Pub. L. 90-481 was renumbered 17 by Pub. L. 96-129, title I, § 104(b), Nov. 30, 1979, 93 Stat. 992, and is classified to section 1684 of this Appendix.

AMENDMENTS

1979-Subsec. (a). Pub. L. 96-129, §§ 109(j)(2), (k), 155(b), redesignated former subsec. (b) as (a) and, as so redesignated, substituted "Federal Energy Regulatory Commission, or any appropriate State agency," for "Federal Power Commission". Former subsec. (a), relating to research and development contracts, was struck out.

Subsec. (b). Pub. L. 96-129, § 109(j)(2), redesignated former subsec. (c) as (b). Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 96-129, § 109(j)(2), redesignated former subsec. (d) as (c). Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 96-129, § 155(a), added subsec. (d). Former subsec. (d) redesignated (c).

1972-Subsec. (d). Pub. L. 92-401 added subsec. (d).

EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see sections 112 and 156 of Pub. L. 96-129, set out as a note under section 1671 of this Appendix.

COST-BENEFIT ANALYSIS OF INCREASED PIPELINE
SAFETY REGULATION

Section 110 of Pub. L. 96-129, provided that within 12 months after Nov. 30, 1979, the Secretary of Transportation, after comment by persons operating pipeline facilities, State and local regulatory authorities, and consumers, conduct and complete a cost-benefit analysis to determine whether additional Federal legislation on pipeline safety is beneficial and submit a report of his findings to the Congress.

REPORT ON IMPLEMENTATION EFFORTS REGARDING DISTRIBUTION OF GAS IN CONNECTION WITH RENTAL OR LEASE OF REAL PROPERTY

Section 111 of Pub. L. 96-129 required a report, not later than 18 months after Nov. 30, 1979, by the Secretary of Transportation respecting implementation efforts regarding distribution of gas in connection with the rental or lease of real property, with the Secretary giving reasonable notice and an opportunity for public comment.

§ 1683. Annual report to the President and Congress (a) The Secretary shall prepare and submit to the President for transmittal to the Congress on June 15 of each year a comprehensive report on the administration of this chapter for the preceding calendar year. Such report shall include

(1) a thorough compilation of the leak repairs, accidents, and casualties occurring in such year with a statement of cause whenever investigated and determined by the National Transportation Safety Board;

(2) a list of Federal gas pipeline safety standards established or in effect in such year with identification of standards newly established during such year;

(3) a summary of the reasons for each waiver granted under section 1672(d) of this Appendix during such year;

(4) an evaluation of the degree of observance of applicable safety standards for the transportation of gas and pipeline facilities including a list of enforcement actions, and compromises of alleged violations by location and company name;

(5) a summary of outstanding problems confronting the administration of this chapter in order of priority;

(6) an analysis and evaluation of research activities, including the policy implications

thereof, completed as a result of Government and private sponsorship and technological progress for safety achieved during such year;

(7) a list, with a brief statement of the issues, of completed or pending judicial actions under this chapter;

(8) the extent to which technical informa tion was disseminated to the scientific community and consumer-oriented information was made available to the public;

(9) a compilation of—

(A) certifications filed by State agencies (including municipalities) under section 1674(a) of this Appendix which were in effect during the preceding calendar year, and

(B) certifications filed under section 1674(a) of this Appendix which were rejected by the Secretary during the preceding calendar year, together with a summary of the reasons for each such rejection; (10) a compilation of

(A) agreements entered into with State agencies (including municipalities) under section 1674(b) of this Appendix which were in effect during the preceding calendar year, and

(B) agreements entered into under section 1674(b) of this Appendix which were terminated by the Secretary during the preceding calendar year, together with a summary of the reasons for each such termination; and

(11) a description of the number and qualifications of State pipeline safety inspectors in each State for which a certification or agreement is in effect under section 1674 of this Appendix, together with the number of such pipeline inspectors (and their qualifications) which the Secretary recommends for that State.

(b) The report required by subsection (a) of this section shall contain such recommendations for additional legislation as the Secretary deems necessary to promote cooperation among the several States in the improvement of gas pipeline safety and to strengthen the national gas pipeline safety program.

(Pub. L. 90-481, § 16, formerly § 14, Aug. 12, 1968, 82 Stat. 728; Pub. L. 94–477, § 7, Oct. 11, 1976, 90 Stat. 2075; renumbered and amended Pub. L. 96-129, title I, §§ 104(b), 107, 109(l), (m), Nov. 30, 1979, 93 Stat. 992, 995, 997.)

PRIOR PROVISIONS

A prior section 16 of Pub. L. 90-481 was renumbered 18 by Pub. L. 96-129, title I, § 104(b), Nov. 30, 1979, 93 Stat. 992, and is classified to section 1685 of this Appendix.

AMENDMENTS

1979-Subsec. (a). Pub. L. 96–129, §§ 107, 109(1), (m), substituted in provisions preceding par. (1) "June 15" for "March 17" and in par. (3) "section 1672(d)" for "section 1672(e)", and added par. (11).

1976-Subsec. (a)(1). Pub. L. 94-477 substituted "leak repairs, accidents, and casualties" for "accidents and casualties".

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 sections 1672, 2012 of this Appendix.

§ 1684. Authorization of appropriations

(a) For the purpose of carrying out the provisions of this chapter (other than provisions for which funds are authorized to be appropriated under subsection (b) of this section), there are authorized to be appropriated

(1) $6,200,000, for the fiscal year ending September 30, 1980; and

(2) $6,900,000, for the fiscal year ending September 30, 1981.

(b) For the purpose of carrying out the Federal grants-in-aid provisions of section 1674(d) of this Appendix, there are authorized to be appropriated

(1) $4,500,000, for the fiscal year ending September 30, 1980; and

(2) $5,500,000, for the fiscal year ending September 30, 1981.

(Pub. L. 90-481, § 17, formerly § 15, Aug. 12, 1968, 82 Stat. 729; Pub. L. 92-401, § 4, Aug. 22, 1972, 86 Stat. 616; Pub. L. 93-403, § 3, Aug. 30, 1974, 88 Stat. 801; Pub. L. 94-477, § 2, Oct. 11, 1976, 90 Stat. 2073; renumbered and amended Pub. L. 96-129, title I, §§ 104(b), 108, Nov. 30, 1979, 93 Stat. 992, 996.)

PRIOR PROVISIONS

A prior section 17 of Pub. L. 90-481 was renumbered 19 by Pub. L. 96-129, title I, § 104(b), Nov. 30, 1979, 93 Stat. 992, and is classified to section 1686 of this Appendix.

AMENDMENTS

1979-Subsec. (a). Pub. L. 96-129, § 108, substituted provisions authorizing appropriations of $6,200,000 for the fiscal year ending Sept. 30, 1980, and $6,900,000 for the fiscal year ending Sept. 30, 1981, for provisions authorizing appropriations of $2,000,000 for the fiscal year ending June 30, 1975, $2,850,000 for the fiscal year June 30, 1976, $500,000 for the period beginning July 1, 1976, and ending Sept. 30, 1976, $4,664,000 for the fiscal year ending Sept. 30, 1977, and $5,000,000 for the fiscal year ending Sept. 30, 1978.

Subsec. (b). Pub. L. 96-129, § 108, substituted provisions authorizing appropriations for purposes of section 1674(d) of this Appendix of $4,500,000 for the fiscal year ending Sept. 30, 1980, and $5,500,000 for the fiscal year ending Sept. 30, 1981, for provisions authorizing appropriation for purposes of 1674(c) and (f) of this Appendix of $1,800,000 for the fiscal year ending June 30, 1975, $2,500,000 for the fiscal year ending June 30, 1976, $2,500,000 for the fiscal year ending Sept. 30, 1977, and $4,500,000 for the fiscal year ending Sept. 30, 1978.

1976-Subsec. (a). Pub. L. 94-477, § 2(1), authorized appropriations of $500,000 for the period beginning July 1, 1976, and ending Sept. 30, 1976, $4,664,000 for the fiscal year ending Sept. 30, 1977, and $5,000,000 for the fiscal year ending Sept. 30, 1978.

Subsec. (b). Pub. L. 94-477, § 2(2), substituted "section 1674(c) and (f)" for "section 1674(c)", and authorized appropriations of $2,500,000 for the fiscal year ending Sept. 30, 1977, and $4,500,000 for the fiscal year ending Sept. 30, 1978.

1974-Pub. L. 93-403 designated existing provisions as subsec. (a) and, in subsec. (a) as so designated, sub

stituted provisions authorizing appropriations of $2,000,000 and $2,850,000 for fiscal years ending June 30, 1975, and June 30, 1976, respectively, to be used in programs other than Federal grants-in-aid, for provisions authorizing appropriations of $3,000,000, $3,800,000, and $5,000,000 for fiscal years ending June 30, 1972, 1973, and 1974, respectively, and added subsec. (b).

1972-Pub. L. 92-401 substituted appropriations authorization of $3,000,000, $3,800,000, and $5,000,000 for fiscal years ending June 30, 1972, 1973, and 1974, for prior appropriations authorization of $500,000, $2,000,000, and $4,000,000 for fiscal years ending June 30, 1969, 1970, and 1971.

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 1674 of this Appendix.

§ 1685. Consumer education program

Each person who engages in the transportation of gas shall, in accordance with the regulations prescribed by the Secretary, conduct a program to educate the public on the possible hazards associated with gas leaks and on the importance of reporting gas odors and leaks to appropriate authorities. The Secretary may develop materials suitable for use in such education programs.

(Pub. L. 90-481, § 18, formerly § 16, as added Pub. L. 94-477, § 8, Oct. 11, 1976, 90 Stat. 2075, and renumbered Pub. L. 96-129, title I, § 104(b), Nov. 30, 1979, 93 Stat. 992.)

§ 1686. Civil actions by citizens

(a) Mandatory or prohibitive injunctive relief against persons in violation of this chapter

Except as provided in subsection (b) of this section, any person may commence a civil action for mandatory or prohibitive injunctive relief, including interim equitable relief, against any other person (including any State, municipality, or other governmental entity to the extent permitted by the eleventh amendment to the Constitution, and the United States) who is alleged to be in violation of this chapter or of any order or regulation issued under this chapter. The district courts of the United States shall have jurisdiction over actions brought under this section, without regard to the amount in controversy or the citizenship of the parties.

(b) Restrictions

No civil action may be commenced under subsection (a) of this section with respect to any alleged violation of this chapter or any order or regulation issued under this chapter

(1) prior to the expiration of 60 days after the plaintiff has given notice of such alleged violation to the Secretary (or to the applicable State agency in the case of a State which has been certified under section 1674(a) of this Appendix and in which the violation is alleged to have occurred), and to any person

who is alleged to have committed such violation; or

(2) if the Secretary (or such State agency) has commenced and is diligently pursuing administrative proceedings or the Attorney General of the United States (or the chief law enforcement officer of such State) has commenced and is diligently pursuing judicial proceedings with respect to such alleged violation.

Notice under this subsection shall be given in such manner as the Secretary shall prescribe by regulation.

(c) Intervention by Attorney General

In any action under subsection (a) of this section, the Secretary (with the concurrence of the Attorney General) or the Attorney General may intervene as a matter of right.

(d) Other statutory or common law rights

Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or at common law to seek enforcement of this chapter or any order or regulation under this chapter or to seek any other relief.

(e) Costs and attorney's fees

In any action under this section the court may, in the interest of justice, award the costs of suit, including reasonable attorney's fees and reasonable expert witnesses fees, to a prevailing plaintiff. Such court may, in the interest of justice award such costs to a prevailing defendant whenever such action is unreasonable, frivolous, or meritless. For purposes of this subsection a reasonable attorney's fee is a fee (1) which is based upon (A) the actual time expended by an attorney in providing advice and other legal services in connection with representing a person in an action brought under this section, and (B) such reasonable expenses as may be incurred by the attorney in the provision of such services, and (2) which is computed at the rate prevailing for the provision of similar services with respect to actions brought in the court which is awarding such fee.

(f) Violation of State safety standards or practices

For purposes of this section, a violation of any safety standard or practice of any State shall be deemed to be a violation of this chapter or of any order or regulation under this chapter only to the extent that such standard or practice is not more stringent than the comparable Federal minimum safety standard.

(Pub. L. 90-481, § 19, formerly § 17, as added Pub. L. 94-477, § 8, Oct. 11, 1976, 90 Stat. 2075, and renumbered Pub. L. 96-129, title I, § 104(b), Nov. 30, 1979, 93 Stat. 992.)

SECTION REFERRED TO IN OTHER SECTIONS

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

1742. 1743.

Approval of general aviation airport located astride line separating two counties in one State.

SUBCHAPTER III-MISCELLANEOUS

PROVISIONS

Maximum charges for certain overtime services. (a) Customs Service, Immigration and Naturalization Service, Public Health Service, and Department of Agriculture; services for private aircraft or vessel upon domestic arrival or departure.

(b) Free weekday services of regular personnel.

(c) Credit against expenses; deposit of collections in Treasury.

(d) Definitions.

(e) Limitation on charges for Govern ment inspection of persons and property.

Repealed.

Interstate compacts for airport facilities. SUBCHAPTER I-GENERAL PROVISIONS § 1701. Repealed. Pub. L. 97-248, title V, § 523(a), Sept. 3, 1982, 96 Stat. 695

Section, Pub. L. 91-258, title I, § 2, May 21, 1970, 84 Stat. 219; Pub. L. 94-353, title I, § 2, July 12, 1976, 90 Stat. 871, related to Congressional declaration of policy. See section 2201 of this Appendix.

EFFECTIVE DATE OF REPEAL

Section 523(a) of Pub. L. 97-248 provided in part that repeal of this section is effective Sept. 3, 1982.

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-35, title XI, subtitle A, part 1, § 1101, Aug. 13, 1981, 95 Stat. 622, provided that: "This part [amending sections 1714, 1715, 1717, and 1742 of this Appendix and enacting provisions set out as notes under sections 1714 and 1716 of this Appendix] may be cited as the 'Fiscal Year 1981 Airport Development Authorization Act'."

SHORT TITLE OF 1976 AMENDMENT

Section 1 of Pub. L. 94-353 provided: "That this Act [enacting sections 1346a, 1356a, 1358, 1704, and 1728 to 1730 of this Appendix, amending sections 1344, 1371, 1432, 1701, 1711 to 1720, 1741, and 1742 of this Appendix, and enacting provisions set out as notes under sections 1348, 1702, 1713, 1715, 1718, 1724, 1741, and 1742 of this Appendix] may be cited as the 'Airport and Airway Development Act Amendments of 1976"."

SHORT TITLE OF 1973 AMENDMENT

Pub. L. 93–44, § 1, June 18, 1973, 87 Stat. 88, provided that: "This Act [enacting section 1513 of this Appen dix and amending sections 1711, 1712, 1714, 1716, and