49 U.S. Code § 60110 - Excess flow valves

(a) Application.—

This section applies only to—

(1) a natural gas distribution system installed after the effective date of regulations prescribed under this section; and

(2) any other natural gas distribution system when repair to the system requires replacing a part to accommodate installing excess flow valves.

(b) Installation Requirements and Considerations.—

Not later than April 24, 1994, the Secretary of Transportation shall prescribe standards on the circumstances, if any, under which an operator of a natural gas distribution system must install excess flow valves in the system. The Secretary shall consider—

(1) the system design pressure;

(2) the system operating pressure;

(3) the types of customers to which the distribution system supplies gas, including hospitals, schools, and commercial enterprises;

(4) the technical feasibility and cost of installing, operating, and maintaining the valve;

(5) the public safety benefits of installing the valve;

(6) the location of customer meters; and

(7) other factors the Secretary considers relevant.

(c) Notification of Availability.—

(1) Not later than October 24, 1994, the Secretary shall prescribe standards requiring an operator of a natural gas distribution system to notify in writing its customers having lines in which excess flow valves are not required by law but can be installed according to the standards prescribed under subsection (e) of this section, of—

(A) the availability of excess flow valves for installation in the system;

(B) safety benefits to be derived from installation; and

(C) costs associated with installation, maintenance, and replacement.

(2) The standards shall provide that, except when installation is required under subsection (b) of this section, excess flow valves shall be installed at the request of the customer if the customer will pay all costs associated with installation.

(d) Report.—

If the Secretary decides under subsection (b) of this section that there are no circumstances under which an operator must install excess flow valves, the Secretary shall submit to Congress a report on the reasons for the decision not later than 30 days after the decision is made.

(e) Performance Standards.—

Not later than April 24, 1994, the Secretary shall develop standards for the performance of excess flow valves used to protect lines in a natural gas distribution system. The Secretary may adopt industry accepted performance standards in order to comply with the requirement under the preceding sentence. The standards shall be incorporated into regulations the Secretary prescribes under this section. All excess flow valves shall be installed according to the standards.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1316; Pub. L. 104–304, §§ 8, 20(j), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub. L. 107–355, § 21(1), Dec. 17, 2002, 116 Stat. 3010.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
60110(a)	49 App.:1672(j)(5).	Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 3(j); added Oct. 24, 1992, Pub. L. 102–508, § 104, 106 Stat. 3291.
60110(b)	49 App.:1672(j)(1).
60110(c)	49 App.:1672(j)(2).
60110(d)	49 App.:1672(j)(3).
60110(e)	49 App.:1672(j)(4).

In subsection (a)(2), the words “in a manner” are omitted as surplus.

In subsection (b), before clause (1), the words “on when” are substituted for “prescribing the circumstances, if any, under which” to eliminate unnecessary words.

Editorial Notes

Amendments

2002—Subsec. (b). Pub. L. 107–355 substituted “circumstances, if any, under which an operator” for “circumstances under which an operator” in introductory provisions.

1996—Subsec. (b). Pub. L. 104–304, § 20(j), substituted “standards” for “regulations” in introductory provisions.

Subsec. (b)(1). Pub. L. 104–304, § 8(1), which directed the insertion of “, if any,” after “circumstances” in the first sentence of subsection (b)(1), could not be executed because the word “circumstances” did not appear in subsec. (b)(1).

Subsec. (b)(4). Pub. L. 104–304, § 8(2), inserted “, operating, and maintaining” after “cost of installing”.

Subsec. (c)(1). Pub. L. 104–304, § 20(j), substituted “standards” for “regulations” after “prescribe” in introductory provisions.

Subsec. (c)(1)(C). Pub. L. 104–304, § 8(3), inserted “, maintenance, and replacement” after “installation”.

Subsec. (c)(2). Pub. L. 104–304, § 20(j), substituted “standards” for “regulations”.

Subsec. (e). Pub. L. 104–304, § 8(4), inserted after first sentence “The Secretary may adopt industry accepted performance standards in order to comply with the requirement under the preceding sentence.”