§60106 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation can make written agreements with a state or local agency to let that agency do pipeline safety work when the Secretary has not received a required certification from the state. Each agreement must set up record keeping, reporting, and inspection programs and must set rules for approving inspection and maintenance plans like the federal rules. If the Secretary accepts a state's certification and finds it acceptable, the Secretary may also let the state help oversee interstate pipelines. Those agreements must include plans for the state to join special incident investigations and new construction reviews and can let the state take on extra inspection or investigatory duties. The Secretary cannot give a state the power to enforce federal safety rules for interstate pipelines. Before making an interstate agreement, the Secretary must write that the agreement fits federal inspection programs and safety policies; will not hurt the state’s oversight of its own pipelines; shows the state runs preparedness and risk-prevention programs; meets one-call notification standards in chapter 61; and will not harm interstate commerce or public safety. A state that had an interstate agreement after January 31, 1999 may keep it until the Secretary finds the state meets the rules and signs a new agreement, or until December 31, 2003, whichever is sooner. If a request is denied, the state must get a written explanation. States must report any likely safety violation right away. Within 60 days the Secretary must order enforcement action or explain in writing why not. The Secretary may monitor programs and can end agreements for noncompliance, gaps in oversight, failure to meet the requirements, or if safety would be harmed. The Secretary must give notice, a hearing, and a chance to fix problems before ending an agreement, and must publish the decision at least 15 days before it takes effect unless there is an imminent hazard. A certified state may be allowed to help inspect an interstate pipeline facility if it asks.

Title 49, §60106

Transportation — Source: USLM XML via OLRC

(a)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)(1)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)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)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.

(4)If a State authority requests an interstate agreement under this section and the Secretary denies such request, the Secretary shall provide written notification to the State authority of the denial that includes an explanation of the reasons for such denial.

(c)(1)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)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)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)(1)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)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)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.

(f)At the request of a State authority, the Secretary shall allow for a certified State authority under section 60105 to participate in the inspection of an interstate pipeline facility.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 60106(a)49 App.:1674(b) (1st sentence).Aug. 12, 1968, Pub. L. 90–481, § 5(b), 82 Stat. 723; Oct. 11, 1976, Pub. L. 94–477, § 5(b), 90 Stat. 2074; Nov. 30, 1979, Pub. L. 96–129, §§ 103(b)(1), 109(h)(2), 93 Stat. 991, 996. 49 App.:2004(b) (1st sentence).Nov. 30, 1979, Pub. L. 96–129, § 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 agreement).Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 5(c) (related to agreement); added Nov. 30, 1979, Pub. L. 96–129, § 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, § 5(f), 82 Stat. 724; Nov. 30, 1979, Pub. L. 96–129, § 103(b) (2)(B), 93 Stat. 991. 49 App.:2004(g). 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.

Editorial Notes

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

2016—Subsec. (b)(4). Pub. L. 114–183, § 24(b), added par. (4). Subsec. (f). Pub. L. 114–183, § 13, added subsec. (f). 2002—Subsec. (a). Pub. L. 107–355, § 4(a)(1), substituted “Agreements Without Certification” for “General Authority” in heading. Subsec. (b). Pub. L. 107–355, § 4(a)(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 107–355, § 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, § 4(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 107–355, § 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.

§60106 State pipeline safety agreements