49 U.S.C. § 60112 : US Code - Section 60112: Pipeline facilities hazardous to life and property

Search 49 U.S.C. § 60112 : US Code - Section 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;
(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.