
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC60112]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE VIII--PIPELINES
 
                           CHAPTER 601--SAFETY
 
Sec. 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, Sec. 1(e), July 5, 1994, 108 Stat. 1317; Pub. L. 103-
429, Sec. 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         Aug. 1
2, 1968, Pub. L. 90-481, 82 Stat.
                                         sentence words before 3d         720, 
Sec.  12(b)(1)-(5); added Nov.
                                         comma), (2).                     30, 1
979, Pub. L. 96-129, Sec.
                                                                          104(b
), 93 Stat. 993; Oct. 24, 1992,
                                                                          Pub. 
L. 102-508, Sec.  101(b), 106
                                                                          Stat.
 3290.
                                        49 App.:2008(b)(1) (1st          Nov. 3
0, 1979, Pub. L. 96-129, Sec.
                                         sentence words before 3d         209(b
)(1)-(5), 93 Stat. 1010; Oct. 24,
                                         comma), (2).                     1992,
 Pub. L. 102-508, Sec.  201(b),
                                                                          106 S
tat. 3300.
60112(b)..............................  49 App.:1679b(b)(3).
                                        49 App.:2008(b)(3).
60112(c)..............................  49 App.:1679b(b)(6).             Aug. 1
2, 1968, Pub. L. 90-481, 82 Stat.
                                                                          720, 
Sec.  12(b)(6); added Oct. 24,
                                                                          1992,
 Pub. L. 102-508, Sec.  113(a),
                                                                          106 S
tat. 3296.
                                        49 App.:2008(b)(6).              Nov. 3
0, 1979, Pub. L. 96-129, 93 Stat.
                                                                          989, 
Sec.  209(b)(6); added Oct. 24,
                                                                          1992,
 Pub. L. 102-508, Sec.  213(a),
                                                                          106 S
tat. 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.
