2013 US Code
Title 49 - Transportation
Subtitle I - DEPARTMENT OF TRANSPORTATION (§§ 101 - 727)
Chapter 1 - ORGANIZATION (§§ 101 - 115)
Section 108 - Pipeline and Hazardous Materials Safety Administration
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 I - DEPARTMENT OF TRANSPORTATION CHAPTER 1 - ORGANIZATION Sec. 108 - Pipeline and Hazardous Materials Safety Administration |
Contains | section 108 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 97-449, §1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103-272, §4(j)(4), July 5, 1994, 108 Stat. 1365; Pub. L. 108-426, §2(a), Nov. 30, 2004, 118 Stat. 2423. |
Statutes at Large References | 80 Stat. 931, 932 96 Stat. 2417 108 Stat. 1365 118 Stat. 2423, 2424, 2426, 2428 122 Stat. 1618 |
Public Law References | Public Law 89-670, Public Law 97-449, Public Law 103-272, Public Law 108-426, Public Law 110-244 |
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(a)
(b)
(c)
(d)
(e)
(f)
(1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61, 601, and 603; and
(2) other duties and powers prescribed by the Secretary.
(g)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, §4(j)(4), July 5, 1994, 108 Stat. 1365; Pub. L. 108–426, §2(a), Nov. 30, 2004, 118 Stat. 2423.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
108(a) | 49:1655(b)(1), (2). | Oct. 15, 1966, Pub. L. 89–670, §§3(e)(3) (related to USCG), 6(b)(1), (2), 80 Stat. 932, 938. |
108(b) | 49:1652(e)(3) (related to USCG). |
Subsection (a) reflects the transfer of the Coast Guard to the Department of Transportation as provided by the source provisions and 14:1. The words "Except when operating as a service of the Navy" are substituted for 49:1655(b)(2) because of 14:3. The words "The Secretary of Transportation exercises . . . vested in the Secretary of the Treasury . . . immediately before April 1, 1967" are substituted for "and there are hereby transferred to and vested in the Secretary . . . of the Secretary of the Treasury" to reflect the transfer of duties and powers to the Secretary of Transportation on April 1, 1967, the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931).
In subsection (b), the first sentence is included to provide the name of the officer in charge of the Coast Guard, as reflected in 14:44. In the 2d sentence, the words "carrying out the duties and powers specified by law" are substituted for "such functions, powers, and duties as are specified in this chapter to be carried out", and the words "carry out duties and powers prescribed" are substituted for "carry out such additional functions, powers, and duties as", for consistency.
PUB. L. 103–272Section 4(j)(4) amends 49:108(a) to reflect the intent of 49 App.:1655(b)(2), on which 49:108(a) was based.
AMENDMENTS2004—Pub. L. 108–426 amended section catchline and text generally, substituting provisions relating to Pipeline and Hazardous Materials Safety Administration for provisions relating to Coast Guard.
1994—Subsec. (a). Pub. L. 103–272 designated existing provisions as par. (1), substituted "The Coast Guard" for "Except when operating as a service in the Navy, the Coast Guard", and added par. (2).
SAVINGS PROVISIONSPub. L. 108–426, §5, Nov. 30, 2004, 118 Stat. 2426, as amended by Pub. L. 110–244, title III, §302(h), June 6, 2008, 122 Stat. 1618, provided that:
"(a)
"(b)
"(1) that have been issued, made, granted, or allowed to become effective by any officer or employee, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and
"(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Department, any other authorized official, a court of competent jurisdiction, or operation of law.
"(c)
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(g)
"(h)
Pub. L. 108–426, §2(b), Nov. 30, 2004, 118 Stat. 2424, provided that: "The authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Pipeline and Hazardous Materials Safety Administration."
For transfer of authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of this title, to the Administrator of the Research and Innovative Technology Administration, see section 4(b) of Pub. L. 108–426, set out as a note under section 112 of this title.
Pub. L. 108–426, §7, Nov. 30, 2004, 118 Stat. 2428, provided that: "The Secretary shall provide for the orderly transfer of duties and powers under this Act [see Short Title of 2004 Amendment note set out under section 101 of this title], including the amendments made by this Act, as soon as practicable but not later than 90 days after the date of enactment of this Act [Nov. 30, 2004]."
REPORTSPub. L. 108–426, §6, Nov. 30, 2004, 118 Stat. 2428, provided that:
"(a)
"(1) A list of each statutory mandate regarding pipeline safety or hazardous materials safety that has not been implemented.
"(2) A list of each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding pipeline safety or hazardous materials safety.
"(b)
"(1)
"(2) NTSB
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