49 U.S.C. § 60112 — Pipeline facilities hazardous to life and property
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 610 words · no verdicts yet
The Secretary can declare a pipeline facility hazardous after notice and a hearing. The Secretary can order the operator to take corrective action. In an emergency, the Secretary can issue an order without first giving notice and a hearing if failing to issue the order expeditiously would likely cause serious harm.
(a) General Authority. After giving notice and a chance for a hearing, the Secretary of Transportation may decide a pipeline facility is hazardous if: (1) operating it is, or would be, dangerous to life, property, or the environment; or (2) the facility — or a part of it — is, or would be, built or run using equipment, material, or a technique the Secretary considers dangerous to life, property, or the environment.
(b) Considerations. In making that decision, the Secretary must weigh, when relevant: (1) the characteristics of the pipe and equipment, including age, maker, physical properties, and how it was built or assembled; (2) what's being transported, how corrosive or degrading it is, the order materials move through the pipe, and the pressure needed; (3) local conditions, including climate, geology, and soil; (4) how close a hazardous-liquid facility is to an environmentally sensitive area; (5) how many people live nearby and how the population is growing; (6) any relevant National Transportation Safety Board recommendation; and (7) any other factor the Secretary thinks is appropriate.
(c) Opportunity for State Comment. The Secretary must give the appropriate official of any state where the pipeline sits, and where a proceeding under this section has started, notice and a chance to comment on any settlement the Secretary proposes. The state's comments must include input from affected local officials.
(d) Corrective Action Orders.
(1) If the Secretary decides a facility is or would be hazardous, the Secretary must order the operator to take the necessary fix — which can include limiting or suspending use, inspecting, testing, repairing, replacing, or other appropriate steps.
(2) If a corrective-action order follows an accident, and the Secretary decides an employee's actions may have substantially contributed to it, the Secretary must direct the operator to pull that employee from those duties — by reassigning them or placing them on leave — until the earlier of: (A) the Secretary deciding, after notice and a hearing, that the employee didn't substantially contribute to the accident; or (B) the Secretary deciding the employee has been requalified or retrained under section 60131 and can safely do the work again.
(3) Whatever the operator does under (2) must follow the terms of any applicable collective bargaining agreement.
(e) Waiver of Notice and Hearing in Emergency. The Secretary may skip the usual notice-and-hearing requirement and issue an order quickly if failing to issue the order expeditiously would likely cause serious harm to life, property, or the environment. Even then, the order must offer a hearing as soon as practical after it's issued.
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—
operation of the facility is or would be hazardous to life, property, or the environment; or
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.
In making a decision under subsection (a) of this section, the Secretary shall consider, if relevant—
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;
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;
the aspects of the area in which the pipeline facility is located, including climatic and geologic conditions and soil characteristics;
the proximity of the area in which the hazardous liquid pipeline facility is located to environmentally sensitive areas;
the population density and population and growth patterns of the area in which the pipeline facility is located;
any recommendation of the National Transportation Safety Board made under another law; and
other factors the Secretary considers appropriate.
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.
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.
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—
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
the Secretary determines the employee has been re-qualified or re-trained as provided for in section 60131 and can safely perform those activities.
An action taken by an operator under paragraph (2) shall be in accordance with the terms and conditions of any applicable collective bargaining agreement.
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.
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.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1317
- 1994Amended · Pub. L. 103-429 · 108 Stat. 4388
- 2002Amended · Pub. L. 107-355 · 116 Stat. 2993, 2995
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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