dreamproit/uscode huggingface dataset:
49 U.S.C. § 60116 (TRANSPORTATION)
§ 60116. Public education programs
(a) In General.—
Each owner or operator of a gas or hazardous liquid pipeline facility shall carry out a continuing program to educate the public on the use of a one-call notification system prior to excavation and other damage prevention activities, the possible hazards associated with unintended releases from the pipeline facility, the physical indications that such a release may have occurred, what steps should be taken for public safety in the event of a pipeline release, and how to report such an event.
(b) Modification of Existing Programs.—
Not later than 12 months after the date of enactment of the Pipeline Safety Improvement Act of 2002, each owner or operator of a gas or hazardous liquid pipeline facility shall review its existing public education program for effectiveness and modify the program as necessary. The completed program shall include activities to advise affected municipalities, school districts, businesses, and residents of pipeline facility locations. The completed program shall be submitted to the Secretary or, in the case of an intrastate pipeline facility operator, the appropriate State agency, and shall be periodically reviewed by the Secretary or, in the case of an intrastate pipeline facility operator, the appropriate State agency.
(c) Standards.—
The Secretary may issue standards prescribing the elements of an effective public education program. The Secretary may also develop material for use in the program.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1321; Pub. L. 104–304, § 11, Oct. 12, 1996, 110 Stat. 3802; Pub. L. 107–355, § 5, Dec. 17, 2002, 116 Stat. 2988.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
60116
49 App.:1685(a).
Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 18(a); added Oct. 11, 1976, Pub. L. 94–477, § 8, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, § 104(b), 93 Stat. 992; Oct. 24, 1992, Pub. L. 102–508, § 115(a)(1), 106 Stat. 3296.
heading: References in Text
text: The date of enactment of the Pipeline Safety Improvement Act of 2002, referred to in subsec. (b), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
heading: Amendments
text: 2002—Pub. L. 107–355 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Under regulations the Secretary of Transportation prescribes, each owner or operator of a gas pipeline facility shall carry out a program to educate the public on the use of a one-call notification system prior to excavation, the possible hazards associated with gas leaks, and the importance of reporting gas odors and leaks to the appropriate authority. The Secretary may develop material suitable for use in the program.”
1996—Pub. L. 104–304 substituted “owner or operator of a gas pipeline facility” for “person transporting gas”, inserted “the use of a one-call notification system prior to excavation,” after “educate the public on”, and inserted comma after “gas leaks”.
49 U.S.C. § 60128 (TRANSPORTATION)
§ 60128. Dumping within pipeline rights-of-way
(a) Prohibition.—
No person shall excavate for the purpose of unauthorized disposal within the right-of-way of an interstate gas pipeline facility or interstate hazardous liquid pipeline facility, or any other limited area in the vicinity of any such interstate pipeline facility established by the Secretary of Transportation, and dispose solid waste therein.
(b) Definition.—
For purposes of this section, the term “solid waste” has the meaning given that term in section 1004(27) of the Solid Waste Disposal Act (42 U.S.C. 6903(27)).
(Added Pub. L. 104–304, § 18(a), Oct. 12, 1996, 110 Stat. 3804.)
49 U.S.C. § 60135 (TRANSPORTATION)
§ 60135. Enforcement transparency
(a) In General.—
Not later than December 31, 2007, the Secretary shall—
(1) provide a monthly updated summary to the public of all gas and hazardous liquid pipeline enforcement actions taken by the Secretary or the Pipeline and Hazardous Materials Safety Administration, from the time a notice commencing an enforcement action is issued until the enforcement action is final;
(2) include in each such summary identification of the operator involved in the enforcement activity, the type of alleged violation, the penalty or penalties proposed, any changes in case status since the previous summary, the final assessment amount of each penalty, and the reasons for a reduction in the proposed penalty, if appropriate; and
(3) provide a mechanism by which a pipeline operator named in an enforcement action may make information, explanations, or documents it believes are responsive to the enforcement action available to the public.
(b) Electronic Availability.—
Each summary under this section shall be made available to the public by electronic means.
(c) Relationship to FOIA.—
Nothing in this section shall be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5.
(Added Pub. L. 109–468, § 6(a), Dec. 29, 2006, 120 Stat. 3491.)
49 U.S.C. § 60136 (TRANSPORTATION)
§ 60136. Petroleum product transportation capacity study
(a) In General.—
The Secretaries of Transportation and Energy shall conduct periodic analyses of the domestic transport of petroleum products by pipeline. Such analyses should identify areas of the United States where unplanned loss of individual pipeline facilities may cause shortages of petroleum products or price disruptions and where shortages of pipeline capacity and reliability concerns may have or are anticipated to contribute to shortages of petroleum products or price disruptions. Upon identifying such areas, the Secretaries may determine if the current level of regulation is sufficient to minimize the potential for unplanned losses of pipeline capacity.
(b) Consultation.—
In preparing any analysis under this section, the Secretaries may consult with the heads of other government agencies and public- and private-sector experts in pipeline and other forms of petroleum product transportation, energy consumption, pipeline capacity, population, and economic development.
(c) Report to Congress.—
Not later than June 1, 2008, the Secretaries shall submit to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate a report setting forth their recommendations to reduce the likelihood of the shortages and price disruptions referred to in subsection (a).
(d) Additional Reports.—
The Secretaries shall submit additional reports to the congressional committees referred to in subsection (c) containing the results of any subsequent analyses performed under subsection (a) and any additional recommendations, as appropriate.
(e) Petroleum Product Defined.—
In this section, the term “petroleum product” means oil of any kind or in any form, gasoline, diesel fuel, aviation fuel, fuel oil, kerosene, any product obtained from refining or processing of crude oil, liquefied petroleum gases, natural gas liquids, petrochemical feedstocks, condensate, waste or refuse mixtures containing any of such oil products, and any other liquid hydrocarbon compounds.
(Added Pub. L. 109–468, § 8(a), Dec. 29, 2006, 120 Stat. 3492.)
49 U.S.C. § 60137 (TRANSPORTATION)
§ 60137. Pipeline control room management
(a) In General.—
Not later than June 1, 2008, the Secretary shall issue regulations requiring each operator of a gas or hazardous liquid pipeline to develop, implement, and submit to the Secretary or, in the case of an operator of an intrastate pipeline located within the boundaries of a State that has in effect an annual certification under section 60105, to the head of the appropriate State authority, a human factors management plan designed to reduce risks associated with human factors, including fatigue, in each control center for the pipeline. Each plan must include, among the measures to reduce such risks, a maximum limit on the hours of service established by the operator for individuals employed as controllers in a control center for the pipeline.
(b) Review and Approval of the Plan.—
The Secretary or, in the case of an operator of an intrastate pipeline located within the boundaries of a State that has in effect an annual certification under section 60105, the head of the appropriate State authority, shall review and approve each plan submitted to the Secretary or the head of such authority under subsection (a). The Secretary and the head of such authority may not approve a plan that does not include a maximum limit on the hours of service established by the operator of the pipeline for individuals employed as controllers in a control center for the pipeline.
(c) Enforcement of the Plan.—
If the Secretary or the head of the appropriate State authority determines that an operator’s plan submitted to the Secretary or the head of such authority under subsection (a), or implementation of such a plan, does not comply with the regulations issued under this section or is inadequate for the safe operation of a pipeline, the Secretary or the head of such authority may take action consistent with this chapter and enforce the requirements of such regulations.
(d) Compliance With the Plan.—
Each operator of a gas or hazardous liquid pipeline shall document compliance with the plan submitted by the operator under subsection (a) and the reasons for any deviation from compliance with such plan. The Secretary or the head of the appropriate State authority, as the case may be, shall review the reasonableness of any such deviation in considering whether to take enforcement action or discontinue approval of the operator’s plan under subsection (b).
(e) Deviation Reporting Requirements.—
In issuing regulations under subsection (a), the Secretary shall develop and include in such regulations requirements for an operator of a gas or hazardous liquid pipeline to report deviations from compliance with the plan submitted by the operator under subsection (a).
(Added Pub. L. 109–468, § 12(a), Dec. 29, 2006, 120 Stat. 3494.)
49 U.S.C. § 60138 (TRANSPORTATION)
§ 60138. Response plans
(a) In General.—
The Secretary of Transportation shall—
(1) maintain on file a copy of the most recent response plan (as defined in part 194 of title 49, Code of Federal Regulations) prepared by an owner or operator of a pipeline facility; and
(2) provide upon written request to a person a copy of the plan, which may exclude, as the Secretary determines appropriate—
(A) proprietary information;
(B) security-sensitive information, including information described in section 1520.5(a) of title 49, Code of Federal Regulations;
(C) specific response resources and tactical resource deployment plans; and
(D) the specific amount and location of worst case discharges (as defined in part 194 of title 49, Code of Federal Regulations), including the process by which an owner or operator determines the worst case discharge.
(b) Relationship to FOIA.—
Nothing in this section may be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5.
(Added Pub. L. 112–90, § 6(c)(1), Jan. 3, 2012, 125 Stat. 1910.)
49 U.S.C. § 60140 (TRANSPORTATION)
§ 60140. Cover over buried pipelines
(a) Hazardous Liquid Pipeline Incidents Involving Buried Pipelines.—
(1) Study.—
The Secretary of Transportation shall conduct a study of hazardous liquid pipeline incidents at crossings of inland bodies of water with a width of at least 100 feet from high water mark to high water mark to determine if the depth of cover over the buried pipeline was a factor in any accidental release of hazardous liquids.
(2) Report.—
Not later than 1 year after the date of enactment of this section, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.
(b) Assessment of Current Requirements for Depth of Cover Over Buried Pipelines.—
(1) In general.—
If, following completion of the study under subsection (a), the Secretary finds that the depth of cover over buried pipelines is a contributing factor in the accidental release of hazardous liquids from the pipelines, the Secretary, not later than 1 year after the date of completion of the study, shall review and determine the sufficiency of current requirements for the depth of cover over buried pipelines.
(2) Legislative recommendations.—
(A) Development.—
If the Secretary determines under paragraph (1) that the current requirements for the depth of cover over buried pipelines are insufficient, the Secretary shall develop legislative recommendations for improving the safety of buried pipelines at crossings of inland bodies of water with a width of at least 100 feet from high water mark to high water mark.
(B) Consideration of factors.—
In developing legislative recommendations under subparagraph (A), the Secretary shall consider the factors specified in section 60102(b)(2).
(C) Report to congress.—
If the Secretary develops legislative recommendations under subparagraph (A), the Secretary shall submit to the committees referred to in subsection (a)(2) a report containing the legislative recommendations.
(Added Pub. L. 112–90, § 28(a), Jan. 3, 2012, 125 Stat. 1920.)
heading: References in Text
text: The date of enactment of this section, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 112–90, which was approved Jan. 3, 2012.
49 U.S.C. § 60501 (TRANSPORTATION)
§ 60501. Secretary of Energy
Except as provided in section 60502 of this title, the Secretary of Energy has the duties and powers related to the transportation of oil by pipeline that were vested on October 1, 1977, in the Interstate Commerce Commission or the chairman or a member of the Commission.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1329.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
60501
42:7155.
Aug. 4, 1977, Pub. L. 95–91, § 306, 91 Stat. 581.
49:101 (note prec.).
Oct. 17, 1978, Pub. L. 95–473, § 4(c)(1)(A), (2) (related to § 306 of Department of Energy Organization Act), 92 Stat. 1470.
The words “duties and powers . . . that were vested . . . in” are coextensive with, and substituted for, “transferred . . . such functions set forth in the Interstate Commerce Act and vested by law in” for clarity and to eliminate unnecessary words. The words “on October 1, 1977” are added to reflect the effective date of the transfer of the duties and powers to the Secretary of Energy.
heading: Abolition of Interstate Commerce Commission and Transfer of Functions
text: Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
49 U.S.C. § 60502 (TRANSPORTATION)
§ 60502. Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission has the duties and powers related to the establishment of a rate or charge for the transportation of oil by pipeline or the valuation of that pipeline that were vested on October 1, 1977, in the Interstate Commerce Commission or an officer or component of the Interstate Commerce Commission.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1329.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
60502
42:7172(b).
Aug. 4, 1977, Pub. L. 95–91, § 402(b), 91 Stat. 584.
49:101 (note prec.).
Oct. 17, 1978, Pub. L. 95–473, § 4(c)(1)(B), (2) (related to § 402(b) of Department of Energy Organization Act), 92 Stat. 1470.
The words “duties and powers . . . that were vested . . . in” are coextensive with, and substituted for, “transferred to, and vested in . . . all functions and authority of” for clarity and to eliminate unnecessary words. The word “regulatory” is omitted as surplus. The words “on October 1, 1977” are added to reflect the effective date of the transfer of the duties and powers to the Federal Energy Regulatory Commission.
heading: Abolition of Interstate Commerce Commission and Transfer of Functions
text: Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
49 U.S.C. § 60503 (TRANSPORTATION)
§ 60503. Effect of enactment
The enactment of the Act of October 17, 1978 (Public Law 95–473, 92 Stat. 1337), the Act of January 12, 1983 (Public Law 97–449, 96 Stat. 2413), and the Act enacting this section does not repeal, and has no substantive effect on, any right, obligation, liability, or remedy of an oil pipeline, including a right, obligation, liability, or remedy arising under the Interstate Commerce Act or the Act of August 29, 1916 (known as the Pomerene Bills of Lading Act), before any department, agency, or instrumentality of the United States Government, an officer or employee of the Government, or a court of competent jurisdiction.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1329.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
60503
49:101 (note prec.).
Oct. 31, 1988, Pub. L. 100–561, § 308, 102 Stat. 2817.
The words “the Act of January 12, 1983 (Public Law 97–449, 96 Stat. 2413), and the Act enacting this section” are added for clarity. The words “department, agency, or instrumentality of the United States Government” are substituted for “Federal department or agency”, and the words “officer or employee” are substituted for “official”, for consistency in the revised title and with other titles of the United States Code.
heading: References in Text
text: Act of October 17, 1978, referred to in text, is Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1337, the first section of which enacted subtitle IV of this title. For complete classification of this Act to the Code, see Tables.
Act of January 12, 1983, referred to in text, is Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, the first section of which enacted subtitles I and II of this title. For complete classification of this Act to the Code, see Tables.
The Act enacting this section, referred to in text, is Pub. L. 103–272, July 5, 1994, 108 Stat. 745, the first section of which enacted subtitles II, III, and V to X of this title. For complete classification of this Act to the Code, see Tables.
The Interstate Commerce Act, referred to in text, is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended, which was classified to chapters 1 (§ 1 et seq.), 8 (§ 301 et seq.), 12 (§ 901 et seq.), 13 (§ 1001 et seq.), and 19 (1231 et seq.) of former Title 49, Transportation. The Act was repealed by Pub. L. 95–473, § 4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49, Transportation. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
Act of August 29, 1916, referred to in text, is act Aug. 29, 1916, ch. 415, 39 Stat. 538, as amended, known as the Pomerene Bills of Lading Act, which was classified generally to chapter 4 (§ 81 et seq.) of former Title 49, and was repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as chapter 801 of this title.
49 U.S.C. § 80101 (TRANSPORTATION)
§ 80101. Definitions
In this chapter—
(1) “consignee” means the person named in a bill of lading as the person to whom the goods are to be delivered.
(2) “consignor” means the person named in a bill of lading as the person from whom the goods have been received for shipment.
(3) “goods” means merchandise or personal property that has been, is being, or will be transported.
(4) “holder” means a person having possession of, and a property right in, a bill of lading.
(5) “order” means an order by indorsement on a bill of lading.
(6) “purchase” includes taking by mortgage or pledge.
(7) “State” means a State of the United States, the District of Columbia, and a territory or possession of the United States.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1346.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80101
49 App.:122.
Aug. 29, 1916, ch. 415, § 42, 39 Stat. 545.
In this chapter, the words “negotiable bill of lading” are substituted for “order bill”, and the words “nonnegotiable bill of lading” are substituted for “straight bill”, for clarity and consistency in the revised title and with other titles of the United States Code.
In this section, before clause (1), the words “unless the context of subject matter otherwise requires” are omitted as unnecessary because of the restatement. The words “ ‘Action’ includes counterclaim, set-off, and suit in equity” are omitted as unnecessary. The words “ ‘Bill’ means bill of lading, governed by this chapter” are omitted because of section 80102 of the revised title. In clauses (1), (2), and (4), the words “ ‘Person’ includes a corporation or partnership, or two or more persons having a joint or common interest” are omitted because of 1:1. In clause (3), the words “personal property” are substituted for “chattels” for clarity and consistency. The words “is being” are substituted for “in course of” for clarity. In clause (7), the words “ ‘State’ means a State of the United States” are substituted for “ ‘State’ includes” for clarity and consistency in the revised title and with other titles of the Code. The word “possession” is substituted for “insular possession, or isthmian possession” for consistency in the revised title.
49 U.S.C. § 80102 (TRANSPORTATION)
§ 80102. Application
This chapter applies to a bill of lading when the bill is issued by a common carrier for the transportation of goods—
(1) between a place in the District of Columbia and another place in the District of Columbia;
(2) between a place in a territory or possession of the United States and another place in the same territory or possession;
(3) between a place in a State and a place in another State;
(4) between a place in a State and a place in the same State through another State or a foreign country; or
(5) from a place in a State to a place in a foreign country.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1346.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
80102
49 App.:81.
Aug. 29, 1916, ch. 415, § 1, 39 Stat. 538.
In this chapter, the words “common carrier” are substituted for “carrier” because the source provisions restated in this section provide that this chapter applies to bills of lading issued by common carriers.
In clause (2), the words “territory or possession” are substituted for “Territory” for consistency in the revised title and with other titles of the United States Code.