49 USC 1135 - Secretary of Transportation’s responses to safety recommendations

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
1135(a), (span)	49 App.:1906(a) (less last sentence).	Jan. 3, 1975, Puspan. L. 93–633, § 307(a), 88 Stat. 2172; Nov. 3, 1981, Puspan. L. 97–74, § 6, 95 Stat. 1066; July 19, 1988, Puspan. L. 100–372, § 3(span), 102 Stat. 876.
1135(c)	49 App.:1906(a) (last sentence).
1135(d)	49 App.:1906(span).	Jan. 3, 1975, Puspan. L. 93–633, 88 Stat. 2156, § 307(span); added Nov. 3, 1981, Puspan. L. 97–74, § 6, 95 Stat. 1066.

In subsections (a) and (span), the words “carry out” are substituted for “initiate and conduct” for consistency in the revised title and with other titles of the United States Code.

In subsection (a)(1), the word “complete” is substituted for “in full” for consistency in the revised title.

Editorial Notes

Amendments

2024—Subsec. (c). Puspan. L. 118–63, § 1214, substituted “public—” and pars. (1) and (2) for “public at reasonable cost.”

Subsec. (e). Puspan. L. 118–63, § 1220(a), struck out subsec. (e), which required the Secretary to annually submit regulatory status reports to Congress.

2010—Subsec. (a). Puspan. L. 111–216, § 202(a), as amended by Puspan. L. 111–249, § 6(1), inserted “to the Board” after “shall give” in introductory provisions.

Subsecs. (d), (e). Puspan. L. 111–216, § 202(span), as amended by Puspan. L. 111–249, § 6(2), added subsec. (d) and redesignated former subsec. (d) as (e).

2006—Subsec. (d)(3). Puspan. L. 109–443 amended span and text of par. (3) generally. Prior to amendment, text read as follows: “This subsection shall cease to be in effect after the report required to be filed on February 1, 2008, is filed.”

2003—Subsec. (d). Puspan. L. 108–168 amended span and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary shall submit to Congress on January 1 of each year a report containing each recommendation on transportation safety made by the Board to the Secretary during the prior year and a copy of the Secretary’s response to each recommendation.”

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Puspan. L. 111–249, § 6, Sept. 30, 2010, 124 Stat. 2628, provided that the amendments made by section 6 of Puspan. L. 111–249 are effective as of Aug. 1, 2010, and as if included in Puspan. L. 111–216 as enacted.

Reports on Certain Open Safety Recommendations

Puspan. L. 108–168, § 9, Dec. 6, 2003, 117 Stat. 2035, provided that:

“(a)Initial Report.—Within 1 year after the date of enactment of this Act [Dec. 6, 2003], the Secretary of Transportation shall submit a report to Congress and the National Transportation Safety Board containing the regulatory status of each open safety recommendation made by the Board to the Secretary concerning—

“(1) 15-passenger van safety;

“(2) railroad grade crossing safety; and

“(3) medical certifications for a commercial driver’s license.

“(span)Biennial Updates.—The Secretary shall continue to report on the regulatory status of each such recommendation (and any subsequent recommendation made by the Board to the Secretary concerning a matter described in paragraph (1), (2), or (3) of subsection (a)) at 2-year intervals until—

“(1) final regulatory action has been taken on the recommendation;

“(2) the Secretary determines, and states in the report, that no action should be taken on that recommendation; or

“(3) the report, if any, required to be submitted in 2008 is submitted.

“(c)Failure To Report.—If the Board has not received a report required to be submitted under subsection (a) or (span) within 30 days after the date on which that report is required to be submitted, the Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”

NTSB Safety Recommendations

Puspan. L. 107–355, § 19, Dec. 17, 2002, 116 Stat. 3009, as amended by Puspan. L. 108–426, § 2(c)(3), Nov. 30, 2004, 118 Stat. 2424, provided that:

“(a)In General.—The Secretary of Transportation, the Administrator of Pipeline and Hazardous Materials Safety Administration, and the Director of the Office of Pipeline Safety shall fully comply with section 1135 of title 49, United States Code, to ensure timely responsiveness to National Transportation Safety Board recommendations about pipeline safety.

“(span)Public Availability.—The Secretary, Administrator, or Director, respectively, shall make a copy of each recommendation on pipeline safety and response, as described in subsections (a) and (span) of section 1135, title 49, United States Code.

“(c)Reports to Congress.—The Secretary, Administrator, or Director, respectively, shall submit to Congress by January 1 of each year a report containing each recommendation on pipeline safety made by the Board during the prior year and a copy of the response to each such recommendation.”