2013 US Code
Title 49 - Transportation
Subtitle VIII - PIPELINES (§§ 60101 - 60503)
Chapter 601 - SAFETY (§§ 60101 - 60140)
Section 60112 - Pipeline facilities hazardous to life and property
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE VIII - PIPELINES CHAPTER 601 - SAFETY Sec. 60112 - Pipeline facilities hazardous to life and property |
Contains | section 60112 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1317; Pub. L. 103-429, §6(76), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 107-355, §§8(a), 10(b), Dec. 17, 2002, 116 Stat. 2993, 2995. |
Statutes at Large References | 82 Stat. 720 93 Stat. 989, 993, 1010 106 Stat. 3290, 3296, 3300, 3305 108 Stat. 1317, 4388 116 Stat. 2993 |
Public Law References | Public Law 90-481, Public Law 96-129, Public Law 102-508, Public Law 103-272, Public Law 103-429, Public Law 107-355 |
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(a)
(1) operation of the facility is or would be hazardous to life, property, or the environment; or
(2) the facility is or would be constructed or operated, or a component of the facility is or would be constructed or operated, with equipment, material, or a technique that the Secretary decides is hazardous to life, property, or the environment.
(b)
(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 1 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)
(d)
(1)
(2)
(A) the Secretary, after notice and an opportunity for a hearing, determines that the employee's actions did not contribute substantially to the cause of the accident; or
(B) the Secretary determines the employee has been re-qualified or re-trained as provided for in section 60131 and can safely perform those activities.
(3)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1317; Pub. L. 103–429, §6(76), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 107–355, §§8(a), 10(b), Dec. 17, 2002, 116 Stat. 2993, 2995.)
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. 103–429This 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).
AMENDMENTS2002—Subsec. (a). Pub. L. 107–355, §8(a)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "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."
Subsec. (d). Pub. L. 107–355, §10(b), designated existing provisions as par. (1), inserted heading, realigned margins, and added pars. (2) and (3).
Pub. L. 107–355, §8(a)(2), substituted "is or would be hazardous" for "is hazardous".
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 AMENDMENTAmendment 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.
1 So in original. Probably should be "is".
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