PRIA, Government Policy, Made Personal

Summary

The Secretary of Transportation can decide a pipeline is dangerous after giving notice and a hearing. The decision can be made if running, building, or using the pipeline or any part of it would threaten life, property, or the environment. The Secretary must look at things like the pipe and equipment (age and how it was made), what the pipeline carries and its corrosiveness and pressure, local climate and soil, closeness to sensitive areas, local population and growth, any NTSB recommendations, and other relevant factors. The Secretary must let state officials where the pipeline is located comment on any agreement to resolve the case, and those comments should include affected local officials. If the pipeline is judged hazardous, the Secretary must order the operator to fix the problem. Orders can stop or limit use, require inspections, testing, repairs, replacements, or other fixes. After an accident, if an employee’s actions may have helped cause it, the operator must relieve, reassign, or place that employee on leave until the Secretary either finds after a hearing the employee did not substantially cause the accident or the employee is requalified or retrained under section 60131. These steps must follow any collective bargaining agreement. In an emergency, the Secretary can skip prior notice and hearing if delay would likely cause serious harm, but must offer a hearing as soon as possible after issuing the order.

Title 49, §60112

Transportation, Source: USLM XML via OLRC

(a)General Authority.—

After notice and an opportunity for a hearing, the Secretary of Transportation may decide that a pipeline facility is hazardous if the Secretary decides that—

(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)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.—

(1)In general.—

If the Secretary decides under subsection (a) of this section that a pipeline facility is or would be 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.

(2)Actions attributable to an employee.—

If, in the case of a corrective action order issued following an accident, the Secretary determines that the actions of an employee carrying out an activity regulated under this chapter, including duties under section 60102(a), may have contributed substantially to the cause of the accident, the Secretary shall direct the operator to relieve the employee from performing those activities, reassign the employee, or place the employee on leave until the earlier of the date on which—

(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)Effect of collective bargaining agreements.—

An action taken by an operator under paragraph (2) shall be in accordance with the terms and conditions of any applicable collective bargaining agreement.

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (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).

Editorial Notes

Amendments

2002—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”.

Statutory Notes and Related Subsidiaries

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.

§60112 Pipeline Facilities Hazardous to Life and Property