49 USC 1135 - Sec. 1135. Secretary of Transportation's responses to safety recommendations
49 USC - US Code - Title 49: Transportation (January 2003)
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(a) General. - When the National Transportation Safety Board submits a recommendation about transportation safety to the Secretary of Transportation, the Secretary shall give a formal written response to each recommendation not later than 90 days after receiving the recommendation.
The response shall indicate whether the Secretary intends - (1) to carry out procedures to adopt the complete recommendation; (2) to carry out procedures to adopt a part of the recommendation; or (3) to refuse to carry out procedures to adopt the recommendation. (b) Timetable for Completing Procedures and Reasons for Refusals. - A response under subsection (a)(1) or (2) of this section shall include a copy of a proposed timetable for completing the procedures. A response under subsection (a)(2) of this section shall detail the reasons for the refusal to carry out procedures on the remainder of the recommendation. A response under subsection (a)(3) of this section shall detail the reasons for the refusal to carry out procedures. (c) Public Availability. - The Board shall make a copy of each recommendation and response available to the public at reasonable cost. (d) Reports to Congress. - 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.
Historical And Revision Notes
Revised Source (U.S. Code) Source (Statutes at Large) Section
1135(a), 49 App.:1906(a) Jan. 3, 1975, Pub. L. (b) (less last 93-633, Sec. 307(a), 88 sentence). Stat. 2172; Nov. 3, 1981, Pub. L. 97-74, Sec. 6, 95 Stat. 1066; July 19, 1988, Pub. L. 100-372, Sec. 3(b), 102 Stat. 876. 1135(c) 49 App.:1906(a) (last sentence). 1135(d) 49 App.:1906(b). Jan. 3, 1975, Pub. L. 93-633, 88 Stat. 2156, Sec. 307(b); added Nov. 3, 1981, Pub. L. 97-74, Sec. 6, 95 Stat. 1066.
In subsections (a) and (b), 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.
TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of reporting provisions in subsec. (d) of this section, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 4th item on page 138 of House Document No. 103-7. NTSB SAFETY RECOMMENDATIONS Pub. L. 107-355, Sec. 19, Dec. 17, 2002, 116 Stat. 3009, provided that: "(a) In General. - The Secretary of Transportation, the Administrator of Research and Special Program 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. "(b) 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 (b) 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."
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