49 U.S.C. § 60123

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 60123 - Criminal penalties

(a) GENERAL PENALTY.-A person knowingly and willfully violating section 60114(b), 60118(a), or 60128 of this title or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.

(b) PENALTY FOR DAMAGING OR DESTROYING FACILITY.-A person knowingly and willfully damaging or destroying an interstate gas pipeline facility, an interstate hazardous liquid pipeline facility, or either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility that is used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce, or attempting or conspiring to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.

(c) PENALTY FOR DAMAGING OR DESTROYING SIGN.-A person knowingly and willfully defacing, damaging, removing, or destroying a pipeline sign or right-of-way marker required by a law or regulation of the United States shall be fined under title 18, imprisoned for not more than one year, or both.

(d) PENALTY FOR NOT USING ONE-CALL NOTIFICATION SYSTEM OR NOT HEEDING LOCATION INFORMATION OR MARKINGS.-A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person-

(1) knowingly and willfully engages in an excavation activity-

(A) without first using an available one-call notification system to establish the location of underground facilities in the excavation area; or

(B) without paying attention to appropriate location information or markings the operator of a pipeline facility establishes; and

(2) subsequently damages-

(A) a pipeline facility that results in death, serious bodily harm, or actual damage to property of more than $50,000;

(B) a pipeline facility, and knows or has reason to know of the damage, but does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or

(C) a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product.

Penalties under this subsection may be reduced in the case of a violation that is promptly reported by the violator.

49 U.S.C. § 60123

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1325; Pub. L. 104-304, §§14, Oct. 12, 1996, 18, Oct. 12, 1996, 110 Stat. 3803, 3804; Pub. L. 107-56, title VIII, §§810(h), Oct. 26, 2001, 811, Oct. 26, 2001, 115 Stat. 381, 382; Pub. L. 107-355, §§3(c), Dec. 17, 2002, 8, Dec. 17, 2002, 116 Stat. 2986, 2994, 3010.

HISTORICAL AND REVISION NOTE
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
60123(a)	49 App.:1679a(c)(1).	Aug. 12, 1968, Pub. L. 90-481, 82 Stat. 720, §11(c)(1); added Nov. 30, 1979, Pub. L. 96-129, §104(b), 93 Stat. 992; Oct. 24, 1992, Pub. L. 102-508, §304(b), 106 Stat. 3308.
	49 App.:2007(c)(1).	Nov. 30, 1979, Pub. L. 96-129, §208(c)(1), (2), 93 Stat. 1010.
60123(b)	49 App.:1679a(c)(2).	Aug. 12, 1968, Pub. L. 90-481, 82 Stat. 720, §11(c)(2); added Nov. 30, 1979, Pub. L. 96-129, §104(b), 93 Stat. 992.
	49 App.:2007(c)(2).
60123(c)	49 App.:1679a(c)(3).	Aug. 12, 1968, Pub. L. 90-481, 82 Stat. 720, §11(c)(3); added Oct. 31, 1988, Pub. L. 100-561, §107, 102 Stat. 2807.
	49 App.:2007(c)(3).	Nov. 30, 1979, Pub. L. 96-129, 93 Stat. 989, §208(c)(3); added Oct. 31, 1988, Pub. L. 100-561, §206, 102 Stat. 2811.
60123(d)	49 App.:1687(g).	Aug. 12, 1968, Pub. L. 90-481, 82 Stat. 720, §20(g); added Oct. 24, 1992, Pub. L. 102-508, §304(a), 106 Stat. 3307.

In this section, the words "upon conviction . . . subject, for each offense, to" and "a term" are omitted as surplus.In subsections (a)-(c), the words "fined under title 18" are substituted for "a fine of not more than $25,000" and "a fine of not more than $5,000" for consistency with title 18.In subsection (a), the word "prescribed" is added for consistency in the revised title and with other titles of the United States Code. The words "including any order issued under section 1677(b) and 1679b(b) of this Appendix" in 49 App.:1679a(c)(1) and "including any order issued under section 2006(b) or 2008(b) of the Appendix" in 49 App.:2007(c)(1) are omitted as surplus.In subsection (b), the word "damaging" is substituted for "injures", and the word "damage" is substituted for "injure", for clarity.

EDITORIAL NOTES

AMENDMENTS2002-Subsec. (a). Pub. L. 107-355, §21(4), substituted "60114(b)" for "60114(c)".Subsec. (b). Pub. L. 107-355, §8(c), substituted "gas pipeline facility, an" for "gas pipeline facility or" and inserted ", or either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility that is used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce" after "liquid pipeline facility".Subsec. (d). Pub. L. 107-355, §3(c)(1), (4), struck out "knowingly and willfully" after "if the person" in introductory provisions and inserted concluding provisions. Subsec. (d)(1). Pub. L. 107-355, §3(c)(2), inserted "knowingly and willfully" before "engages".Subsec. (d)(2)(B). Pub. L. 107-355, §3(c)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: "a pipeline facility that does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or".2001-Subsec. (b). Pub. L. 107-56 struck out ", or attempting to damage or destroy," before "an interstate gas pipeline facility", inserted ", or attempting or conspiring to do such an act," before "shall be fined under title 18," and substituted "20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life." for "15 years, or both."1996-Subsec. (a). Pub. L. 104-304, §18(b)(1), substituted ", 60118(a), or 60128" for "or 60118(a)".Subsec. (d)(2). Pub. L. 104-304, §14, added subpar. (B) and redesignated former subpar. (B) as (C).

gas pipeline facility: "gas pipeline facility" includes a pipeline, a right of way, a facility, a building, or equipment used in transporting gas or treating gas during its transportation;
hazardous liquid pipeline facility: "hazardous liquid pipeline facility" includes a pipeline, a right of way, a facility, a building, or equipment used or intended to be used in transporting hazardous liquid;
interstate gas pipeline facility: "interstate gas pipeline facility" means a gas pipeline facility-(A) used to transport gas; and(B) subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.);
interstate hazardous liquid pipeline facility: "interstate hazardous liquid pipeline facility" means a hazardous liquid pipeline facility used to transport hazardous liquid in interstate or foreign commerce;
intrastate gas pipeline facility: "intrastate gas pipeline facility" means a gas pipeline facility and transportation of gas within a State not subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.);
intrastate hazardous liquid pipeline facility: "intrastate hazardous liquid pipeline facility" means a hazardous liquid pipeline facility that is not an interstate hazardous liquid pipeline facility;
pipeline facility: "pipeline facility" means a gas pipeline facility and a hazardous liquid pipeline facility;