§ 60117. — Administrative.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60117]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60117. Administrative
(a) General Authority.--To carry out this chapter, the Secretary of
Transportation may conduct investigations, make reports, issue subpenas,
conduct hearings, require the production of records, take depositions,
and conduct research, testing, development, demonstration, and training
activities and promotional activities relating to prevention of damage
to pipeline facilities. The Secretary may not charge a tuition-type fee
for training State or local government personnel in the enforcement of
regulations prescribed under this chapter.
(b) Records, Reports, and Information.--To enable the Secretary to
decide whether a person owning or operating a pipeline facility is
complying with this chapter and standards prescribed or orders issued
under this chapter, the person shall--
(1) maintain records, make reports, and provide information the
Secretary requires; and
(2) make the records, reports, and information available when
the Secretary requests.
The Secretary may require owners and operators of gathering lines to
provide the Secretary information pertinent to the Secretary's ability
to make a determination as to whether and to what extent to regulate
gathering lines.
(c) Entry and Inspection.--An officer, employee, or agent of the
Department of Transportation designated by the Secretary, on display of
proper credentials to the individual in charge, may enter premises to
inspect the records and property of a person at a reasonable time and in
a reasonable way to decide whether a person is complying with this
chapter and standards prescribed or orders issued under this chapter.
(d) Confidentiality of Information.--Information related to a
confidential matter referred to in section 1905 of title 18 that is
obtained by the Secretary or an officer, employee, or agent in carrying
out this section may be disclosed only to another officer or employee
concerned with carrying out this chapter or in a proceeding under this
chapter.
(e) Use of Accident Reports.--(1) Each accident report made by an
officer, employee, or agent of the Department may be used in a judicial
proceeding resulting from the accident. The officer, employee, or agent
may be required to testify in the proceeding about the facts developed
in investigating the accident. The report shall be made available to the
public in a way that does not identify an individual.
(2) Each report related to research and demonstration projects and
related activities is public information.
(f) Testing Facilities Involved in Accidents.--The Secretary may
require testing of a part of a pipeline facility subject to this chapter
that has been involved in or affected by an accident only after--
(1) notifying the appropriate State official in the State in
which the facility is located; and
(2) attempting to negotiate a mutually acceptable plan for
testing with the owner of the facility and, when the Secretary
considers appropriate, the National Transportation Safety Board.
(g) Providing Safety Information.--On request, the Secretary shall
provide the Federal Energy Regulatory Commission or appropriate State
authority with information the Secretary has on the safety of material,
operations, devices, or processes related to pipeline transportation or
operating a pipeline facility.
(h) Cooperation.--The Secretary may--
(1) advise, assist, and cooperate with other departments,
agencies, and instrumentalities of the United States Government, the
States, and public and private agencies and persons in planning and
developing safety standards and ways to inspect and test to decide
whether those standards have been complied with;
(2) consult with and make recommendations to other departments,
agencies, and instrumentalities of the Government, State and local
governments, and public and private agencies and persons to develop
and encourage activities, including the enactment of legislation,
that will assist in carrying out this chapter and improve State and
local pipeline safety programs; and
(3) participate in a proceeding involving safety requirements
related to a liquefied natural gas facility before the Commission or
a State authority.
(i) Promoting Coordination.--(1) After consulting with appropriate
State officials, the Secretary shall establish procedures to promote
more effective coordination between departments, agencies, and
instrumentalities of the Government and State authorities with
regulatory authority over pipeline facilities about responses to a
pipeline accident.
(2) In consultation with the Occupational Safety and Health
Administration, the Secretary shall establish procedures to notify the
Administration of any pipeline accident in which an excavator that has
caused damage to a pipeline may have violated a regulation of the
Administration.
(j) Withholding Information From Congress.--This section does not
authorize information to be withheld from a committee of Congress
authorized to have the information.
(k) Authority for Cooperative Agreements.--To carry out this
chapter, the Secretary may enter into grants, cooperative agreements,
and other transactions with any person, agency, or instrumentality of
the United States, any unit of State or local government, any
educational institution, or any other entity to further the objectives
of this chapter. The objectives of this chapter include the development,
improvement, and promotion of one-call damage prevention programs,
research, risk assessment, and mapping.
(l) Safety Orders.--If the Secretary decides that a pipeline
facility has a potential safety-related condition, the Secretary may
order the operator of the facility to take necessary corrective action,
including physical inspection, testing, repair, replacement, or other
appropriate action to remedy the safety-related condition.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1321; Pub. L. 103-
429, Sec. 6(77), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 104-304,
Secs. 12, 19, Oct. 12, 1996, 110 Stat. 3802, 3804; Pub. L. 107-355,
Sec. 7, Dec. 17, 2002, 116 Stat. 2993.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60117(a).............................. 49 App.:1681(a) (1st sentence Aug. 12, 1968, Pub. L. 90-481, Sec.
words before semicolon). 14(a) (1st sentence), 82 Stat. 727;
restated Nov. 30, 1979, Pub. L. 96-
129, Secs. 104(b), 106, 93 Stat. 992,
994.
49 App.:1681(a) (last Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
sentence). 720, Sec. 14(a) (last sentence);
added Oct. 11, 1984, Pub. L. 98-464,
Sec. 7(a), 98 Stat. 1823.
49 App.:2010(a) (1st sentence Nov. 30, 1979, Pub. L. 96-129, Sec.
words before semicolon). 211(a) (1st sentence), 93 Stat. 1012.
49 App.:2010(a) (last Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
sentence). 989, Sec. 211(a) (last sentence);
added Oct. 11, 1984, Pub. L. 98-464,
Sec. 7(b), 98 Stat. 1823.
60117(b).............................. 49 App.:1681(b). Aug. 12, 1968, Pub. L. 90-481, Sec.
14(b)-(e), 82 Stat. 727; restated Nov.
30, 1979, Pub. L. 96-129, Secs.
104(b), 106, 93 Stat. 992, 995.
49 App.:2010(b). Nov. 30, 1979, Pub. L. 96-129, Sec.
211(b)-(e), 93 Stat. 1012.
60117(c).............................. 49 App.:1681(c).
49 App.:2010(c).
60117(d).............................. 49 App.:1681(e) (1st sentence).
49 App.:2010(e) (1st sentence).
60117(e).............................. 49 App.:1681(d).
49 App.:2010(d).
60117(f).............................. 49 App.:1681(a) (1st sentence
words after semicolon).
49 App.:1681(a) (2d sentence). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 14(a) (2d sentence); added
Oct. 31, 1988, Pub. L. 100-561, Sec.
109, 102 Stat. 2809.
49 App.:2010(a) (1st sentence
words after semicolon).
49 App.:2010(a) (2d sentence). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 211(a) (2d sentence); added
Oct. 31, 1988, Pub. L. 100-561, Sec.
208, 102 Stat. 2812.
60117(g).............................. 49 App.:1682(a). Aug. 12, 1968, Pub. L. 90-481, Sec.
15(a), 82 Stat. 727; Nov. 30, 1979,
Pub. L. 96-129, Secs. 104(b),
109(j)(2), (k), 155(b), 93 Stat. 992,
997, 1003.
49 App.:2011(a). Nov. 30, 1979, Pub. L. 96-129, Sec.
212(a)-(c), 93 Stat. 1013.
60117(h)(1)........................... 49 App.:1682(b). Aug. 12, 1968, Pub. L. 90-481, Sec.
15(b), 82 Stat. 727; Nov. 30, 1979,
Pub. L. 96-129, Secs. 104(b),
109(j)(2), 93 Stat. 992, 997.
49 App.:2011(b).
60117(h)(2)........................... 49 App.:1682(c). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 15(c); added Aug. 22, 1972,
Pub. L. 92-401, Sec. 3, 86 Stat. 616;
Nov. 30, 1979, Pub. L. 96-129, Secs.
104(b), 109(j)(2), 93 Stat. 992, 997.
49 App.:2011(c).
60117(h)(3)........................... 49 App.:1682(d). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 15(d); added Nov. 30, 1979,
Pub. L. 96-129, Sec. 155(a), 93 Stat.
1003.
60117(i).............................. 49 App.:1676(b). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 9(b); added Oct. 31, 1988,
Pub. L. 100-561, Sec. 105(2), 102
Stat. 2807.
49 App.:2011(d). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 212(d); added Oct. 31,
1988, Pub. L. 100-561, Sec. 209, 102
Stat. 2812.
60117(j).............................. 49 App.:1681(e) (last
sentence).
49 App.:2010(e) (last
sentence).
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In subsection (a), the words ``to the extent necessary . . . his
responsibilities under'' and ``relevant'' are omitted as surplus. The
words ``documents and'' are omitted as being included in ``records''.
The words ``directly or, by contract, or otherwise'' are omitted as
surplus.
In subsections (b), before clause (1), and (c), the words ``has
acted or . . . acting'' are omitted as surplus. The word ``prescribed''
is added for consistency in the revised title and with other titles of
the United States Code.
In subsection (b)(1), the words ``establish and'' and ``reasonably''
are omitted as surplus.
In subsection (c), the words ``enter premises to'' are substituted
for ``enter upon'' for clarity and consistency. The words ``and
examine'' and ``to the extent such records and properties are relevant''
are omitted as surplus.
In subsection (d), the words ``related to a confidential matter''
are substituted for ``which information contains or relates to a trade
secret . . . shall be considered confidential for the purpose of that
section'' to eliminate unnecessary words. The words ``All information
reported to or otherwise'' are omitted as surplus. The words ``an
officer, employee, or agent'' are substituted for ``his representative''
for consistency. The word ``only'' is substituted for ``except that such
information'' to eliminate unnecessary words. The words ``when
relevant'' are omitted as surplus.
In subsection (e)(1), the words ``civil, criminal, or other'' are
omitted as surplus.
In subsection (f), before clause (1), the words ``however . . .
exercise authority under this section to'' are omitted as surplus. In
clause (1), the word ``affected'' is omitted as surplus. In clause (2),
the word ``attempting'' is substituted for ``make every effort'' to
eliminate unnecessary words. The words ``for testing'' and ``the
Secretary considers'' are added for clarity.
In subsection (g), the words ``with respect to matters under their
jurisdiction'' in 49 App.:2011(a) are omitted as surplus.
In subsection (h)(1) and (2), the word ``instrumentalities'' is
added for consistency in the revised title and with other titles of the
Code.
In subsection (h)(1), the word ``Federal'' before ``safety'' is
omitted as surplus.
In subsection (h)(3), the words ``as a matter of right intervene or
otherwise'' and the text of 49 App.:1682(d) (last sentence) are omitted
as surplus.
In subsection (i), the words ``Not later than 1 year after October
31, 1988'' are omitted as obsolete. The words ``departments, agencies,
and instrumentalities of the Government and State authorities'' are
substituted for ``agencies of the United States and of the States'' for
consistency in the revised title and with other titles of the Code.
In subsection (j), the words ``by the Secretary or any officer,
employee, or agent under his control'' are omitted as surplus. The words
``to have the information'' are substituted for ``duly'' for clarity.
Pub. L. 103-429
This amends 49:60117(i) by restating section 304(c) of the Pipeline
Safety Act of 1992 (Public Law 102-508, 106 Stat. 3308) as
49:60117(i)(2).
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60117(i)(2)........................... 49 App.:1682 (note). Oct. 24, 1992, Pub. L. 102-508, Sec.
304(c), 106 Stat. 3308.
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Amendments
2002--Subsec. (l). Pub. L. 107-355 added subsec. (l).
1996--Subsec. (a). Pub. L. 104-304, Sec. 19, inserted ``and
promotional activities relating to prevention of damage to pipeline
facilities'' after ``and training activities''.
Subsec. (b). Pub. L. 104-304, Sec. 12(1), (3), substituted
``owning'' for ``transporting gas or hazardous liquid'' and inserted at
end ``The Secretary may require owners and operators of gathering lines
to provide the Secretary information pertinent to the Secretary's
ability to make a determination as to whether and to what extent to
regulate gathering lines.''
Subsec. (k). Pub. L. 104-304, Sec. 12(2), added subsec. (k).
1994--Subsec. (i). Pub. L. 103-429 designated existing provisions as
par. (1) and added par. (2).
Section Referred to in Other Sections
This section is referred to in sections 60105, 60108, 60118 of this
title.
