U.S. Code, Title 49, Transportation

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 60112. Pipeline Facilities Hazardous to Life and Property

     (a) General Authority.—After notice and an opportunity for a hearing, the Secretary of Transportation may decide a pipeline facility is hazardous if the Secretary decides the facility is—

     (1) hazardous to life, property, or the environment; or

     (2) constructed or operated, or a component of the facility is constructed or operated, with equipment, material, or a technique the Secretary decides is hazardous to life, property, or the environment.

     (b) Considerations.—In making a decision under subsection (a) of this section, the Secretary shall consider, if relevant—

     (1) the characteristics of the pipe and other equipment used in the pipeline facility, including the age, manufacture, physical properties, and method of manufacturing, constructing, or assembling the equipment;

     (2) the nature of the material the pipeline facility transports, the corrosive and deteriorative qualities of the material, the sequence in which the material are transported, and the pressure required for transporting the material;

     (3) the aspects of the area in which the pipeline facility is located, including climatic and geologic conditions and soil characteristics;

     (4) the proximity of the area in which the hazardous liquid pipeline facility is located to environmentally sensitive areas;

     (5) the population density and population and growth patterns of the area in which the pipeline facility is located;

     (6) any recommendation of the National Transportation Safety Board made under another law; and

     (7) other factors the Secretary considers appropriate.

     (c) Opportunity for State Comment.—The Secretary shall provide, to any appropriate official of a State in which a pipeline facility is located and about which a proceeding has begun under this section, notice and an opportunity to comment on an agreement the Secretary proposes to make to resolve the proceeding. State comment shall incorporate comments of affected local officials.

     (d) Corrective Action Orders.—If the Secretary decides under subsection (a) of this section that a pipeline facility is hazardous, the Secretary shall order the operator of the facility to take necessary corrective action, including suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other appropriate action.

     (e) Waiver of Notice and Hearing in Emergency.—The Secretary may waive the requirements for notice and an opportunity for a hearing under this section and issue expeditiously an order under this section if the Secretary decides failure to issue the order expeditiously will result in likely serious harm to life, property, or the environment. An order under this subsection shall provide an opportunity for a hearing as soon as practicable after the order is issued.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1317; Pub. L. 103–429, § 6(76), Oct. 31, 1994, 108 Stat. 4388.)

Historical and Revision Notes

Pub. L. 103–272

Revised Section

Source (U.S. Code)

Source (Statutes at Large)

60112(a)     49 App.:1679b(b)(1) (1st sentence words before 3d comma), (2).     Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 12(b)(1)–(5); added Nov. 30, 1979, Pub. L. 96–129, § 104(b), 93 Stat. 993; Oct. 24, 1992, Pub. L. 102–508, § 101(b), 106 Stat. 3290.

     49 App.:2008(b)(1) (1st sentence words before 3d comma), (2).     Nov. 30, 1979, Pub. L. 96–129, § 209(b)(1)–(5), 93 Stat. 1010; Oct. 24, 1992, Pub. L. 102–508, § 201(b), 106 Stat. 3300.

60112(b)     49 App.:1679b(b)(3).

     49 App.:2008(b)(3).

60112(c)     49 App.:1679b(b)(6).     Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 12(b)(6); added Oct. 24, 1992, Pub. L. 102–508, § 113(a), 106 Stat. 3296.

     49 App.:2008(b)(6).     Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 209(b)(6); added Oct. 24, 1992, Pub. L. 102–508, § 213(a), 106 Stat. 3305.

60112(d)     49 App.:1679b(b)(1) (1st sentence words after 3d comma, last sentence).

     49 App.:2008(b)(1) (1st sentence words after 3d comma, last sentence).

60112(e)     49 App.:1679b(b)(4), (5).

     49 App.:2008(b)(4), (5).

     In subsection (a), before clause (1), the word "reasonable" and the text of 49 App.:1679b(b)(1) (last sentence) and 2008(b)(1) (last sentence) are omitted as surplus. Clauses (1) and (2) are substituted for "that any pipeline facility is hazardous to life or property" and 49 App.:1679b(b)(2) and 2008(b)(2) to eliminate unnecessary words.

     In subsection (b)(1), the words "involved" and "(including its resistance to corrosion and deterioration)" are omitted as surplus.

     In subsection (b)(5), the words "in connection with any investigation conducted by the Board" are omitted as surplus.

     In subsection (c), the words "responsible for pipeline safety" are omitted as surplus.

     In subsection (e), the text of 49 App.:1679b(b)(4) and 2008(b)(4) is omitted because of 28:516 and 1331.

Pub. L. 103–429

     This amends 49:60112(d) to clarify the restatement of 49 App.:1679b(b)(1) and 2008(b)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1317).

Amendments

     1994—Subsec. (d). Pub. L. 103–429 inserted before period at end ", including suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other appropriate action".

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 60122 of this title.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 60112. Pipeline Facilities Hazardous to Life and Property," U.S. Code, Title 49, Transportation in U.S. Code, Title 49, Transportation (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed April 23, 2018, http://www.originalsources.com/Document.aspx?DocID=DKL37ZBN5UGLFTI.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 60112. Pipeline Facilities Hazardous to Life and Property." U.S. Code, Title 49, Transportation, in U.S. Code, Title 49, Transportation, Washington, D.C., Government Printing Office, 2002, Original Sources. 23 Apr. 2018. www.originalsources.com/Document.aspx?DocID=DKL37ZBN5UGLFTI.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 60112. Pipeline Facilities Hazardous to Life and Property' in U.S. Code, Title 49, Transportation. cited in 2002, U.S. Code, Title 49, Transportation, Government Printing Office, Washington, D.C.. Original Sources, retrieved 23 April 2018, from http://www.originalsources.com/Document.aspx?DocID=DKL37ZBN5UGLFTI.