49 U.S.C. § 60123

Criminal penalties

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(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.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1325; Pub. L. 104–304, §§ 14, 18(b)(1), Oct. 12, 1996, 110 Stat. 3803, 3804; Pub. L. 107–56, title VIII, §§ 810(h), 811(k), Oct. 26, 2001, 115 Stat. 381, 382; Pub. L. 107–355, §§ 3(c), 8(c), 21(4), Dec. 17, 2002, 116 Stat. 2986, 2994, 3010.)

Historical and Revision Notes
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 NotesAmendments

2002—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).

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1999–2023 · leading case: United States v. Pac. Gas & Elec. Co., 178 F. Supp. 3d 927 (N.D. Cal. 2016).

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United States v. Pac. Gas & Elec. Co., 178 F. Supp. 3d 927 (N.D. Cal. 2016). · cites it 4× “Congress criminalized “knowing and willful” violations of these minimum standards under 49 U.S.C. § 60123 (“Section 60123”). I. Count 1: Obstruction The NTSB began an investigation immediately after the San Bruno explosion, examining the cause of the explosion, the…”

Laclede Gas Co. v. St. Charles Cnty., 713 F.3d 413 (8th Cir. 2013). · cites it 2× “” 49 U.S.C. § 60123 (b). However, a PSA action cannot be filed until 60 days after proper notice is given to the Secretary of Transportation, or to the appropriate state agency, and to the person alleged to have committed the violation.”

United States v. Holmes, 646 F.3d 659 (9th Cir. 2011). · cites it 2× “§§ 32 (a), (b), 33, 37, 81, 112(a), 844(f), (h) (only in the case of an offense committed prior to November 18, 1988), (i), 970(a), 1153, 1362, 1363, 1364, 1855, 1992(a)(1), (a)(2), (a)(4), 2275, 2280, 2281, 2282A, 2282B, 2291, 2332a, 2332f; 49 U.S.C. § 60123 (b). [3] Cf. United…”

K. Petroleum, Inc. v. Mills (E.D. Ky. 2023). · cites it 3× “Petroleum’s additional claim that Mills damaged “or attempted to knowingly and willfully damage or destroy those gas and oil pipelines which are part of an interstate gas pipeline facility used in interstate commerce and in activities affecting interstate and foreign commerce,…”

United States v. Long (4th Cir. 1999). · cites it 7× “, was convicted of knowingly and willfully destroying or attempting to damage and destroy an interstate pipeline facility pursuant to 49 U.S.C. § 60123 (b). Long challenges his conviction and sentence on five grounds.”

United States v. Long, 18 F. App'x 158 (4th Cir. 2001). “On May 2, 2001, the district court held a hearing to determine whether Long’s supervised release should be revoked based on his violations of the conditions of his release.”

United States v. Plummer Excavating, Inc., 65 F. Supp. 2d 1013 (D. Minnesota 1999). · cites it 2× “The Government and amici also argue that applying the knowing and willful scienter requirement to the subsequently damages element would render § 60123(d) redundant because another section of the statute, § 60123(b), criminalizes intentional vandalism of underground pipelines.”

United States v. Pac. Gas & Elec. Co., 153 F. Supp. 3d 1048 (N.D. Cal. 2015). ““Knowing and willful” violations of these standards are criminalized under 49 U.S.C. § 60123 (“Section 60123”). PG&E now moves to dismiss seven counts of the Indictment — all pertaining to its recordkeeping practices — as barred by the statute of limitations.”

United States v. Pac. Gas & Elec. Co., 153 F. Supp. 3d 1084 (N.D. Cal. 2015). ““Knowing and willful” violations of these standards are criminalized under 49 U.S.C. § 60123 (“Section 60123”). Counts 2, 3, and 6-23 of the Indictment allege “knowing and willful” violations of Section 192’s Subpart O, known as the Integrity Management (“IM”) regulations.”

United States v. Pac. Gas & Elec. Co., 153 F. Supp. 3d 1128 (N.D. Cal. 2015). ““Knowing and willful” violations of these standards are criminalized under 49 U.S.C. § 60123 (“Section 60123”). LEGAL STANDARD Under Rule 12(b) of the Federal Rules of Criminal Procedure, a defendant may “raise by pretrial motion any defense, objection, or request that the court…”

— 49 U.S.C. § 60123(b) — 1 case

United States v. Long (4th Cir. 1999). “, was convicted of knowingly and willfully destroying or attempting to damage and destroy an interstate pipeline facility pursuant to 49 U.S.C. § 60123 (b). Long challenges his conviction and sentence on five grounds.”

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