House votes to amend IBR clause in the Pipeline Safety Act

The House of Representatives voted on H.R. 2576 on July 16 to amend the current Pipeline Safety United States Code 60102(p).  This section was added in the most recent Act, limiting the update or addition of standards by Incorporation by Reference (IBR) to only those available free to the public on the internet.

This requirement certainly had a chilling effect on adoption of new or updated standards.  PHMSA has been working closely with the IBR standards organizations and most all have created some type of “read-only” website.  This satisfies the current law and work is in progress to update standards where possible.  A Notice of Proposed Rulemaking is for this is projected to be published in August 2013.

The bill would amend the USC as follows, and the entire text of the bill is shown at the end of this post.

(p) Limitation on Incorporation of Documents by Reference.—Beginning 1 year 3 years after the date of enactment of this subsection, the Secretary may not issue guidance or 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, on an Internet Web site.

113th CONGRESS

1st Session

H. R. 2576

IN THE SENATE OF THE UNITED STATES

July 17, 2013

Received; read twice and referred to the Committee on Commerce, Science, and Transportation

AN ACT

To amend title 49, United States Code, to modify requirements relating to the availability of pipeline safety regulatory documents, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. AVAILABILITY OF PIPELINE SAFETY REGULATORY DOCUMENTS.

Section 60102(p) of title 49, United States Code, is amended–

(1) by striking `1 year’ and inserting `3 years’;

(2) by striking `guidance or’; and

(3) by striking `, on an Internet Web site’.

Passed the House of Representatives July 16, 2013.

Attest:

KAREN L. HAAS,

Clerk.

Stay current with pipeline safety with WinDOT, The Pipeline Safety Encyclopedia.

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