[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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 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 \1\ transported, and the pressure
required for transporting the material;
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\1\ So in original. Probably should be ``is''.
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(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
