§ 60106. — State pipeline safety agreements.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60106]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60106. State pipeline safety agreements
(a) Agreements Without Certification.--If the Secretary of
Transportation does not receive a certification under section 60105 of
this title, the Secretary may make an agreement with a State authority
(including a municipality if the agreement applies to intrastate gas
pipeline transportation) authorizing it to take necessary action. Each
agreement shall--
(1) establish an adequate program for record maintenance,
reporting, and inspection designed to assist compliance with
applicable safety standards prescribed under this chapter; and
(2) prescribe procedures for approval of plans of inspection and
maintenance substantially the same as required under section 60108
(a) and (b) of this title.
(b) Agreements With Certification.--
(1) In general.--If the Secretary accepts a certification under
section 60105 and makes the determination required under this
subsection, the Secretary may make an agreement with a State
authority authorizing it to participate in the oversight of
interstate pipeline transportation. Each such agreement shall
include a plan for the State authority to participate in special
investigations involving incidents or new construction and allow the
State authority to participate in other activities overseeing
interstate pipeline transportation or to assume additional
inspection or investigatory duties. Nothing in this section modifies
section 60104(c) or authorizes the Secretary to delegate the
enforcement of safety standards for interstate pipeline facilities
prescribed under this chapter to a State authority.
(2) Determinations required.--The Secretary may not enter into
an agreement under this subsection, unless the Secretary determines
in writing that--
(A) the agreement allowing participation of the State
authority is consistent with the Secretary's program for
inspection and consistent with the safety policies and
provisions provided under this chapter;
(B) the interstate participation agreement would not
adversely affect the oversight responsibilities of intrastate
pipeline transportation by the State authority;
(C) the State is carrying out a program demonstrated to
promote preparedness and risk prevention activities that enable
communities to live safely with pipelines;
(D) the State meets the minimum standards for State one-call
notification set forth in chapter 61; and
(E) the actions planned under the agreement would not impede
interstate commerce or jeopardize public safety.
(3) Existing agreements.--If requested by the State authority,
the Secretary shall authorize a State authority which had an
interstate agreement in effect after January 31, 1999, to oversee
interstate pipeline transportation pursuant to the terms of that
agreement until the Secretary determines that the State meets the
requirements of paragraph (2) and executes a new agreement, or until
December 31, 2003, whichever is sooner. Nothing in this paragraph
shall prevent the Secretary, after affording the State notice,
hearing, and an opportunity to correct any alleged deficiencies,
from terminating an agreement that was in effect before enactment of
the Pipeline Safety Improvement Act of 2002 if--
(A) the State authority fails to comply with the terms of
the agreement;
(B) implementation of the agreement has resulted in a gap in
the oversight responsibilities of intrastate pipeline
transportation by the State authority; or
(C) continued participation by the State authority in the
oversight of interstate pipeline transportation has had an
adverse impact on pipeline safety.
(c) Notification.--
(1) In general.--Each agreement shall require the State
authority to notify the Secretary promptly of a violation or
probable violation of an applicable safety standard discovered as a
result of action taken in carrying out an agreement under this
section.
(2) Response by secretary.--If a State authority notifies the
Secretary under paragraph (1) of a violation or probable violation
of an applicable safety standard, the Secretary, not later than 60
days after the date of receipt of the notification, shall--
(A) issue an order under section 60118(b) or take other
appropriate enforcement actions to ensure compliance with this
chapter; or
(B) provide the State authority with a written explanation
as to why the Secretary has determined not to take such actions.
(d) Monitoring.--The Secretary may monitor a safety program
established under this section to ensure that the program complies with
the agreement. A State authority shall cooperate with the Secretary
under this subsection.
(e) Ending Agreements.--
(1) Permissive termination.--The Secretary may end an agreement
under this section when the Secretary finds that the State authority
has not complied with any provision of the agreement.
(2) Mandatory termination of agreement.--The Secretary shall end
an agreement for the oversight of interstate pipeline transportation
if the Secretary finds that--
(A) implementation of such agreement has resulted in a gap
in the oversight responsibilities of intrastate pipeline
transportation by the State authority;
(B) the State actions under the agreement have failed to
meet the requirements under subsection (b); or
(C) continued participation by the State authority in the
oversight of interstate pipeline transportation would not
promote pipeline safety.
(3) Procedural requirements.--The Secretary shall give notice
and an opportunity for a hearing to a State authority before ending
an agreement under this section. The Secretary may provide a State
an opportunity to correct any deficiencies before ending an
agreement. The finding and decision to end the agreement shall be
published in the Federal Register and may not become effective for
at least 15 days after the date of publication unless the Secretary
finds that continuation of an agreement poses an imminent hazard.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1310; Pub. L. 104-
304, Sec. 20(b), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 107-355, Sec. 4,
Dec. 17, 2002, 116 Stat. 2986.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60106(a).............................. 49 App.:1674(b) (1st sentence). Aug. 12, 1968, Pub. L. 90-481, Sec.
5(b), 82 Stat. 723; Oct. 11, 1976,
Pub. L. 94-477, Sec. 5(b), 90 Stat.
2074; Nov. 30, 1979, Pub. L. 96-129,
Secs. 103(b)(1), 109(h)(2), 93 Stat.
991, 996.
49 App.:2004(b) (1st sentence). Nov. 30, 1979, Pub. L. 96-129, Sec.
205(b), (c) (related to agreement),
(g), 93 Stat. 1007, 1008.
60106(b).............................. 49 App.:1674(b) (last
sentence).
49 App.:2004(b) (last
sentence).
60106(c).............................. 49 App.:1674(c) (related to Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
agreement). 720, Sec. 5(c) (related to
agreement); added Nov. 30, 1979, Pub.
L. 96-129, Sec. 103(b)(2)(C), 93
Stat. 991.
49 App.:2004(c) (related to
agreement).
60106(d).............................. 49 App.:1674(f). Aug. 12, 1968, Pub. L. 90-481, Sec.
5(f), 82 Stat. 724; Nov. 30, 1979,
Pub. L. 96-129, Sec. 103(b) (2)(B),
93 Stat. 991.
49 App.:2004(g).
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In subsection (a), before clause (1), the word ``annual'' is omitted
as surplus. The words ``to take necessary action'' are substituted for
``to assume responsibility for, and carry out'' for clarity. The words
``on behalf of the Secretary'' are omitted as surplus. In clause (1),
the words ``applicable . . . prescribed under this chapter'' are added
for clarity. The word ``Federal'' is omitted as surplus. In clause (2),
the word ``prescribe'' is substituted for ``establish'' for consistency
in the revised title and with other titles of the United States Code.
In subsection (b), the words ``action taken in carrying out an
agreement'' are substituted for ``its program'' for clarity.
In subsection (c), 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.
References in Text
Enactment of the Pipeline Safety Improvement Act of 2002, referred
to in subsec. (b)(3), is the enactment of Pub. L. 107-355, which was
approved Dec. 17, 2002.
Amendments
2002--Subsec. (a). Pub. L. 107-355, Sec. 4(a)(1), substituted
``Agreements Without Certification'' for ``General Authority'' in
heading.
Subsec. (b). Pub. L. 107-355, Sec. 4(a)(3), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107-355, Sec. 4(a)(2), (c), redesignated
subsec. (b) as (c), designated existing provisions as par. (1), inserted
par. heading, realigned margins, and added par. (2). Former subsec. (c)
redesignated (d).
Subsec. (d). Pub. L. 107-355, Sec. 4(a)(2), redesignated subsec. (c)
as (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 107-355, Sec. 4(a)(2), (b), redesignated
subsec. (d) as (e), reenacted heading without change and amended text
generally. Prior to amendment, text read as follows: ``The Secretary may
end an agreement made under this section when the Secretary finds that
the State authority has not complied with any provision of the
agreement. The Secretary shall give the authority notice and an
opportunity for a hearing before ending an agreement. The finding and
decision to end the agreement shall be published in the Federal Register
and may not become effective for at least 15 days after the date of
publication.''
1996--Pub. L. 104-304 substituted ``State pipeline safety
agreements'' for ``State agreements'' in section catchline.
Section Referred to in Other Sections
This section is referred to in sections 60107, 60108, 60109, 60118,
60124 of this title.
