§60123 — Title 49 Transportation | U.S. Code

Summary

It punishes people who intentionally break certain pipeline safety rules, damage or destroy pipelines, remove or vandalize required pipeline signs, or dig carelessly and cause serious harm. Breaking some safety rules can lead to a federal criminal fine, up to 5 years in prison, or both. Intentionally damaging or destroying interstate pipelines (or intrastate pipelines used in interstate commerce), or trying or planning to do so, can bring a federal fine, up to 20 years in prison, or both. If someone dies because of that damage, the prison term can be any number of years or life. Removing or damaging required pipeline signs or right-of-way markers can mean a federal fine, up to 1 year in prison, or both. If a person digs without using an available one-call system or ignores pipeline markings and then causes death, serious injury, more than $50,000 in property damage, a known-but-unreported pipeline damage, or a hazardous liquid spill of more than 50 barrels, they can face a federal fine, up to 5 years in prison, or both.

Title 49, §60123

Transportation — Source: USLM XML via OLRC

(a)A person knowingly and willfully violating section 60114(b), 60118(a), or 60128 of this title or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.

(b)A person knowingly and willfully damaging or destroying an interstate gas pipeline facility, an interstate hazardous liquid pipeline facility, or either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility that is used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce, or attempting or conspiring to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.

(c)A person knowingly and willfully defacing, damaging, removing, or destroying a pipeline sign or right-of-way marker required by a law or regulation of the United States shall be fined under title 18, imprisoned for not more than one year, or both.

(d)A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person—

(1)knowingly and willfully engages in an excavation activity—

(A)without first using an available one-call notification system to establish the location of underground facilities in the excavation area; or

(B)without paying attention to appropriate location information or markings the operator of a pipeline facility establishes; and

(2)subsequently damages—

(A)a pipeline facility that results in death, serious bodily harm, or actual damage to property of more than $50,000;

(B)a pipeline facility, and knows or has reason to know of the damage, but does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or

(C)a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 60123(a)49 App.:1679a(c)(1).Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 11(c)(1); added Nov. 30, 1979, Pub. L. 96–129, § 104(b), 93 Stat. 992; Oct. 24, 1992, Pub. L. 102–508, § 304(b), 106 Stat. 3308. 49 App.:2007(c)(1).Nov. 30, 1979, Pub. L. 96–129, § 208(c)(1), (2), 93 Stat. 1010. 60123(b)49 App.:1679a(c)(2).Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 11(c)(2); added Nov. 30, 1979, Pub. L. 96–129, § 104(b), 93 Stat. 992. 49 App.:2007(c)(2). 60123(c)49 App.:1679a(c)(3).Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 11(c)(3); added Oct. 31, 1988, Pub. L. 100–561, § 107, 102 Stat. 2807. 49 App.:2007(c)(3).Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 208(c)(3); added Oct. 31, 1988, Pub. L. 100–561, § 206, 102 Stat. 2811. 60123(d)49 App.:1687(g).Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 20(g); added Oct. 24, 1992, Pub. L. 102–508, § 304(a), 106 Stat. 3307. In this section, the words “upon conviction . . . subject, for each offense, to” and “a term” are omitted as surplus. In subsections (a)–(c), the words “fined under title 18” are substituted for “a fine of not more than $25,000” and “a fine of not more than $5,000” for consistency with title 18. In subsection (a), the word “prescribed” is added for consistency in the revised title and with other titles of the United States Code. The words “including any order issued under section 1677(b) and 1679b(b) of this Appendix” in 49 App.:1679a(c)(1) and “including any order issued under section 2006(b) or 2008(b) of the Appendix” in 49 App.:2007(c)(1) are omitted as surplus. In subsection (b), the word “damaging” is substituted for “injures”, and the word “damage” is substituted for “injure”, for clarity.

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–355, § 21(4), substituted “60114(b)” for “60114(c)”. Subsec. (b). Pub. L. 107–355, § 8(c), substituted “gas pipeline facility, an” for “gas pipeline facility or” and inserted “, or either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility that is used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce” after “liquid pipeline facility”. Subsec. (d). Pub. L. 107–355, § 3(c)(1), (4), struck out “knowingly and willfully” after “if the person” in introductory provisions and inserted concluding provisions. Subsec. (d)(1). Pub. L. 107–355, § 3(c)(2), inserted “knowingly and willfully” before “engages”. Subsec. (d)(2)(B). Pub. L. 107–355, § 3(c)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: “a pipeline facility that does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or”. 2001—Subsec. (b). Pub. L. 107–56 struck out “, or attempting to damage or destroy,” before “an interstate gas pipeline facility”, inserted “, or attempting or conspiring to do such an act,” before “shall be fined under title 18,” and substituted “20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.” for “15 years, or both.” 1996—Subsec. (a). Pub. L. 104–304, § 18(b)(1), substituted “, 60118(a), or 60128” for “or 60118(a)”. Subsec. (d)(2). Pub. L. 104–304, § 14, added subpar. (B) and redesignated former subpar. (B) as (C).

§60123 Criminal penalties