49 USC 60105(c)(B)

§ 60105

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

60104(d) ......

49 App.:1676(a).

60104(e) ......

49 App.:1671(4)
(33d–last words).

Source (Statutes at Large)
Aug. 12, 1968, Pub. L. 90–481,
§ 9(a), 82 Stat. 725; Nov. 30,
1979,
Pub.
L.
96–129,
§§ 109(i), 152(a), (b)(3), 93
Stat. 997, 999, 1001; Oct. 30,
1988, Pub. L. 100–561,
§ 105(1), 102 Stat. 2807.
Aug. 12, 1968, Pub. L. 90–481,
§ 2(4) (33d–last words), 82
Stat. 720.

49 App.:2001(4)
(28th–last words).

Subsection (a) is substituted for 49 App.:1672(c) (last
sentence) and 2002(g) (last sentence) to eliminate unnecessary words. The text of 49 App.:1672(c) (1st sentence) and 2002(g) (1st sentence) is omitted as unnecessary because 5:ch. 5, subch. II applies unless otherwise
stated.
In subsection (c), the words ‘‘prescribed under this
chapter’’ are added for clarity. The words ‘‘after the
Federal minimum standards become effective’’ in 49
App.:1672(a) (last sentence) are omitted as obsolete.
In subsection (d)(1), the words ‘‘waiving compliance’’
are substituted for ‘‘action upon application for waiver’’ and ‘‘acting on the waiver application’’ to eliminate unnecessary words. The words ‘‘the provisions of’’
are omitted as surplus. The word ‘‘authority’’ is substituted for ‘‘commission’’ for consistency in the revised title and with other titles of the Code.
In subsection (d)(2), the words ‘‘and conclusive’’ are
omitted as being included in ‘‘binding’’. The words
‘‘Secretary of Energy’’ are substituted for ‘‘Department
of Energy’’ because of 42:7231.
AMENDMENTS
2002—Subsec. (c). Pub. L. 107–355 inserted at end ‘‘Notwithstanding the preceding sentence, a State authority
may enforce a requirement of a one-call notification
program of the State if the program meets the requirements for one-call notification programs under this
chapter or chapter 61.’’

§ 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 quali-

Page 1162

fications the Secretary prescribes under section 60107(d)(1)(C) of this title;
(4) is encouraging and promoting the establishment of a program designed to prevent
damage by demolition, excavation, tunneling,
or construction activity to the pipeline facilities to which the certification applies that
subjects persons who violate the applicable requirements of that program to civil penalties
and other enforcement actions that are substantially the same as are provided under this
chapter, and addresses the elements in section
60134(b);
(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.

Page 1163

(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, § 1(e), July 5, 1994, 108 Stat. 1309;
Pub. L. 104–304, § 20(a), Oct. 12, 1996, 110 Stat.
3804; Pub. L. 109–468, § 2(b)(1), Dec. 29, 2006, 120
Stat. 3487.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

60105(a) ......

49 App.:1674(a) (1st
sentence words
before ‘‘that such
State agency’’).

Aug. 12, 1968, Pub. L. 90–481,
§ 5(a), 82 Stat. 722; Aug. 22,
1972, Pub. L. 92–401, § 1, 86
Stat. 616; Oct. 11, 1976,
Pub. L. 94–477, § 5(a), 90
Stat. 2073; Nov. 30, 1979,
Pub. L. 96–129, §§ 101(b),
103(a), (b)(3), 109(g), (h)(1),
93 Stat. 990, 991, 996; Jan.
14, 1983, Pub. L. 97–468,
§ 104, 96 Stat. 2543; Oct. 31,
1988, Pub. L. 100–561, §§ 103,
303(b)(1), 102 Stat. 2807,
2816; Oct. 24, 1992, Pub. L.
102–508, §§ 110(a), 111, 106
Stat. 3295.
Nov. 30, 1979, Pub. L. 96–129,
§ 205(a), 93 Stat. 1006; Oct.
31, 1988, Pub. L. 100–561,
§ 203, 102 Stat. 2810; Oct.
24, 1992, Pub. L. 102–508,
§§ 209(a), 210, 106 Stat. 3304.

49 App.:2004(a) (1st
sentence words
before ‘‘that such
State agency’’).
60105(b) ......

60105(c) ......

60105(d) ......

49 App.:1674(a) (1st
sentence words
after ‘‘an annual
certification’’).
49 App.:2004(a) (1st
sentence words
after ‘‘an annual
certification’’).
49 App.:1674(a) (2d,
3d sentences).
49 App.:2004(a) (2d,
last sentences).
49 App.:1674(e).

49 App.:2004(e).

60105(e) ......

60105(f) .......

§ 60106

TITLE 49—TRANSPORTATION

49 App.:1674(c) (related to certification).

Aug. 12, 1968, Pub. L. 90–481,
§ 5(e), 82 Stat. 724; Oct. 11,
1976, Pub. L. 94–477, § 5(c),
90 Stat. 2074; Nov. 30, 1979,
Pub.
L.
96–129,
§ 103(b)(2)(B), 93 Stat. 991.
Nov. 30, 1979, Pub. L. 96–129,
§ 205(c) (related to certification), (e), (f), 93 Stat.
1007, 1008.
Aug. 12, 1968, Pub. L. 90–481,
82 Stat. 720, § 5(c) (related
to certification); added
Nov. 30, 1979, Pub. L.
96–129,
§ 103(b)(2)(C),
93
Stat. 991.

49 App.:2004(c) (related to certification).
49 App.:1674(a) (4th,
last sentences).
49 App.:2004(f).

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
2006—Subsec. (b)(4). Pub. L. 109–468 amended par. (4)
generally. Prior to amendment, par. (4) read as follows:
‘‘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;’’.
1996—Pub. L. 104–304 substituted ‘‘State pipeline safety program certifications’’ for ‘‘State certifications’’ in
section catchline.

§ 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—