§ 60105. — State pipeline safety program certifications.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60105]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60105. State pipeline safety program certifications
(a) General Requirements and Submission.--Except as provided in this
section and sections 60114 and 60121 of this title, the Secretary of
Transportation may not prescribe or enforce safety standards and
practices for an intrastate pipeline facility or intrastate pipeline
transportation to the extent that the safety standards and practices are
regulated by a State authority (including a municipality if the
standards and practices apply to intrastate gas pipeline transportation)
that submits to the Secretary annually a certification for the
facilities and transportation that complies with subsections (b) and (c)
of this section.
(b) Contents.--Each certification submitted under subsection (a) of
this section shall state that the State authority--
(1) has regulatory jurisdiction over the standards and practices
to which the certification applies;
(2) has adopted, by the date of certification, each applicable
standard prescribed under this chapter or, if a standard under this
chapter was prescribed not later than 120 days before certification,
is taking steps to adopt that standard;
(3) is enforcing each adopted standard through ways that include
inspections conducted by State employees meeting the qualifications
the Secretary prescribes under section 60107(d)(1)(C) of this title;
(4) is encouraging and promoting programs designed to prevent
damage by demolition, excavation, tunneling, or construction
activity to the pipeline facilities to which the certification
applies;
(5) may require record maintenance, reporting, and inspection
substantially the same as provided under section 60117 of this
title;
(6) may require that plans for inspection and maintenance under
section 60108 (a) and (b) of this title be filed for approval; and
(7) may enforce safety standards of the authority under a law of
the State by injunctive relief and civil penalties substantially the
same as provided under sections 60120 and 60122(a)(1) and (b)-(f) of
this title.
(c) Reports.--(1) Each certification submitted under subsection (a)
of this section shall include a report that contains--
(A) the name and address of each person to whom the
certification applies that is subject to the safety jurisdiction of
the State authority;
(B) each accident or incident reported during the prior 12
months by that person involving a fatality, personal injury
requiring hospitalization, or property damage or loss of more than
an amount the Secretary establishes (even if the person sustaining
the fatality, personal injury, or property damage or loss is not
subject to the safety jurisdiction of the authority), any other
accident the authority considers significant, and a summary of the
investigation by the authority of the cause and circumstances
surrounding the accident or incident;
(C) the record maintenance, reporting, and inspection practices
conducted by the authority to enforce compliance with safety
standards prescribed under this chapter to which the certification
applies, including the number of inspections of pipeline facilities
the authority made during the prior 12 months; and
(D) any other information the Secretary requires.
(2) The report included in the first certification submitted under
subsection (a) of this section is only required to state information
available at the time of certification.
(d) Application.--A certification in effect under this section does
not apply to safety standards prescribed under this chapter after the
date of certification. This chapter applies to each applicable safety
standard prescribed after the date of certification until the State
authority adopts the standard and submits the appropriate certification
to the Secretary under subsection (a) of this section.
(e) Monitoring.--The Secretary may monitor a safety program
established under this section to ensure that the program complies with
the certification. A State authority shall cooperate with the Secretary
under this subsection.
(f) Rejections of Certification.--If after receiving a certification
the Secretary decides the State authority is not enforcing
satisfactorily compliance with applicable safety standards prescribed
under this chapter, the Secretary may reject the certification, assert
United States Government jurisdiction, or take other appropriate action
to achieve adequate enforcement. The Secretary shall give the authority
notice and an opportunity for a hearing before taking final action under
this subsection. When notice is given, the burden of proof is on the
authority to demonstrate that it is enforcing satisfactorily compliance
with the prescribed standards.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1309; Pub. L. 104-
304, Sec. 20(a), Oct. 12, 1996, 110 Stat. 3804.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60105(a).............................. 49 App.:1674(a) (1st sentence Aug. 12, 1968, Pub. L. 90-481, Sec.
words before ``that such State 5(a), 82 Stat. 722; Aug. 22, 1972,
agency''). Pub. L. 92-401, Sec. 1, 86 Stat. 616;
Oct. 11, 1976, Pub. L. 94-477, Sec.
5(a), 90 Stat. 2073; Nov. 30, 1979,
Pub. L. 96-129, Secs. 101(b), 103(a),
(b)(3), 109(g), (h)(1), 93 Stat. 990,
991, 996; Jan. 14, 1983, Pub. L. 97-
468, Sec. 104, 96 Stat. 2543; Oct.
31, 1988, Pub. L. 100-561, Secs. 103,
303(b)(1), 102 Stat. 2807, 2816; Oct.
24, 1992, Pub. L. 102-508, Secs.
110(a), 111, 106 Stat. 3295.
49 App.:2004(a) (1st sentence Nov. 30, 1979, Pub. L. 96-129, Sec.
words before ``that such State 205(a), 93 Stat. 1006; Oct. 31, 1988,
agency''). Pub. L. 100-561, Sec. 203, 102 Stat.
2810; Oct. 24, 1992, Pub. L. 102-508,
Secs. 209(a), 210, 106 Stat. 3304.
60105(b).............................. 49 App.:1674(a) (1st sentence
words after ``an annual
certification'').
49 App.:2004(a) (1st sentence
words after ``an annual
certification'').
60105(c).............................. 49 App.:1674(a) (2d, 3d
sentences).
49 App.:2004(a) (2d, last
sentences).
60105(d).............................. 49 App.:1674(e). Aug. 12, 1968, Pub. L. 90-481, Sec.
5(e), 82 Stat. 724; Oct. 11, 1976,
Pub. L. 94-477, Sec. 5(c), 90 Stat.
2074; Nov. 30, 1979, Pub. L. 96-129,
Sec. 103(b)(2)(B), 93 Stat. 991.
49 App.:2004(e). Nov. 30, 1979, Pub. L. 96-129, Sec.
205(c) (related to certification),
(e), (f), 93 Stat. 1007, 1008.
60105(e).............................. 49 App.:1674(c) (related to Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
certification). 720, Sec. 5(c) (related to
certification); added Nov. 30, 1979,
Pub. L. 96-129, Sec. 103(b)(2)(C), 93
Stat. 991.
49 App.:2004(c) (related to
certification).
60105(f).............................. 49 App.:1674(a) (4th, last
sentences).
49 App.:2004(f).
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In subsection (a), the words ``applicable to same'' are omitted as
surplus. The words ``for the facilities and transportation that complies
with subsections (b) and (c) of this section'' are added for clarity.
In subsections (b) and (c), the words ``to which the certification
applies'' and ``to whom the certification applies'' are added because of
the restatement.
In subsection (b)(2), the words ``Federal safety'' and ``pursuant to
State law'' are omitted as surplus.
In subsection (b)(7), the words ``injunctive relief and civil
penalties'' are substituted for ``injunctive and monetary sanctions''
for clarity and consistency.
In subsection (c)(1), before clause (A), the word ``annual'' is
omitted as surplus. The words ``in such form as the Secretary may by
regulation provide'' are omitted as surplus because of 49:322(a). In
clause (B), the words ``or loss'' are added for consistency in the
revised title and with other titles of the United States Code. In clause
(C), the words ``a detail of'' are omitted as surplus.
In subsection (d), the words ``with respect'' and ``new or amended
Federal'' are omitted as surplus.
In subsection (e), the words ``conduct whatever . . . may be
necessary'' and ``fully'' are omitted as surplus. The words ``with the
Secretary'' are substituted for ``in any monitoring of their programs''
for clarity.
In subsection (f), the words ``prescribed under this chapter'' are
added for clarity. The word ``reasonable'' is omitted as surplus.
Amendments
1996--Pub. L. 104-304 substituted ``State pipeline safety program
certifications'' for ``State certifications'' in section catchline.
Section Referred to in Other Sections
This section is referred to in sections 60104, 60106, 60107, 60108,
60118, 60121, 60124, 60126 of this title.
