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49 U.S.C. § 60105 — State pipeline safety program certifications
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60107/d/1/C&num=0&edition=prelim);
(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
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Source location: Title 49, Chapter 601, § 60105; chapter-601-safety.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60107/d/1/C&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60117&num=0&edition=prelim);
(6) may require that plans for inspection and maintenance under section 60108 (a) and (b) of this title be filed for approval;
(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;
(8) has the capability to sufficiently review and evaluate the adequacy of the plans and manuals described in section 60109(e)(7)(C)(i); and
(9) has a sufficient number of employees described in paragraph (3) to ensure safe operations of pipeline facilities, updating the State Inspection Calculation Tool to take into account factors including—
(A) the number of miles of natural gas and hazardous liquid pipelines in the State, including the number of miles of cast iron and bare steel pipelines;
(B) the number of services in the State;
(C) the age of the gas distribution system in the State; and
(D) environmental factors that could impact the integrity of the pipeline, including relevant geological issues.
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** To carry out this chapter, the Secretary of Transportation may conduct investigations, make reports, issue subpenas, conduct hearings, require the production of records, take depositions, and conduct research, testing, development, demonstration, and training activities and promotional activities relating to prevention of damage to pipeline facilities. The Secretary may not charge a tuition-type fee for training State or local government personnel in the enforcement of regulations prescribed under this chapter.
**(b) Enforcement Procedures.—**
(1) **Process.—** — In implementing enforcement procedures under this chapter and part 190 of title 49, Code of Federal Regulations (or successor regulations), the Secretary shall—
(A) allow the respondent to request the use of a consent agreement and consent order to resolve any matter of fact or law asserted;
(B) allow the respondent and the agency to convene 1 or more meetings—
(i) for settlement or simplification of the issues; or
(ii) to aid in the disposition of issues;
(C) require that the case file in an enforcement proceeding include all agency records pertinent to the matters of fact and law asserted;
(D) allow the respondent to reply to each post-hearing submission of the agency;
(E) allow the respondent to request that a hearing be held, and an order be issued, on an expedited basis;
(F) require that the agency have the burden of proof, presentation, and persuasion in any enforcement matter;
(G) require that any order contain findings of relevant fact and conclusions of law;
(H) require the Office of Pipeline Safety to file a post-hearing recommendation not later than 30 days after the deadline for any post-hearing submission of a respondent;
(I) requir
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60117
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Location Standards.—** The Secretary of Transportation shall prescribe minimum safety standards for deciding on the location of a new liquefied natural gas pipeline facility. In prescribing a standard, the Secretary shall consider the—
(1) kind and use of the facility;
(2) existing and projected population and demographic characteristics of the location;
(3) existing and proposed land use near the location;
(4) natural physical aspects of the location;
(5) medical, law enforcement, and fire prevention capabilities near the location that can cope with a risk caused by the facility;
(6) need to encourage remote siting; and
(7) national security.
**(b) Design, Installation, Construction, Inspection, and Testing Standards.—** The Secretary of Transportation shall prescribe minimum safety standards for designing, installing, constructing, initially inspecting, and initially testing a new liquefied natural gas pipeline facility. When prescribing a standard, the Secretary shall consider—
(1) the characteristics of material to be used in constructing the facility and of alternative material;
(2) design factors;
(3) the characteristics of the liquefied natural gas to be stored or converted at, or transported by, the facility; and
(4) the public safety factors of the design and of alternative designs, particularly the ability to prevent and contain a liquefied natural gas spill.
**(c) Nonapplication.—**
(1) Except as provided in paragraph (2) of this subsection, a design, location, installation, construction, initial inspection, or initial testing standard prescribed under this chapter after March 1, 1978, does not apply to an existing liquefied natural gas pipeline facility if the standard is to be applied because of authority given—
(A) under this chapter
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements Without Certification.—** If the Secretary of Transportation does not receive a certification under [section 60105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105&num=0&edition=prelim), 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 d
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60106
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** If a State authority files an application not later than September 30 of a calendar year, the Secretary of Transportation shall pay not more than 80 percent of the cost of the personnel, equipment, and activities the authority reasonably requires during the next calendar year—
(1) to carry out a safety program under a certification under [section 60105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105&num=0&edition=prelim) or an agreement under [section 60106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60106&num=0&edition=prelim); or
(2) to act as an agent of the Secretary on interstate gas pipeline facilities or interstate hazardous liquid pipeline facilities.
**(b) Payments.—** After notifying and consulting with a State authority, the Secretary may withhold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only when the authority ensures the Secretary that it will provide the remaining costs of a safety program, except when the Secretary waives this requirement.
**(c) Apportionment and Method of Payment.—** The Secretary shall apportion the amount appropriated to carry out this section among the States. A payment may be made under this section in installments, in advance, or on a reimbursable basis.
**(d) Additional Authority and Considerations.—**
(1) The Secretary may prescribe—
(A) the form of, and way of filing, an application under this section;
(B) reporting and fiscal procedures the Secretary considers necessary to ensure the proper accounting of money of the Govern
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60107
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Plans.—**
(1) Each person owning or operating a gas pipeline facility or hazardous liquid pipeline facility shall carry out a current written plan (including any changes) for inspection and maintenance of each facility used in the transportation and owned or operated by the person. A copy of the plan shall be kept at any office of the person the Secretary of Transportation considers appropriate. The Secretary also may require a person owning or operating a pipeline facility subject to this chapter to file a plan for inspection and maintenance for approval.
(2) If the Secretary or a State authority responsible for enforcing standards prescribed under this chapter decides that a plan required under paragraph (1) of this subsection is inadequate for safe operation, the Secretary or authority shall require the person to revise the plan. Revision may be required only after giving notice and an opportunity for a hearing. A plan required under paragraph (1) must be practicable and designed to meet the need for pipeline safety, must meet the requirements of any regulations promulgated under section 60102(q), and must include terms designed to enhance the ability to discover safety-related conditions described in [section 60102(h)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60102/h/1&num=0&edition=prelim). In deciding on the adequacy of a plan, the Secretary or authority shall consider—
(A) relevant available pipeline safety information;
(B) the appropriateness of the plan for the particular kind of pipeline transportation or facility;
(C) the reasonableness of the plan;
(D) the extent to which the plan will contribute to—
(i) public safety;
(ii) eliminating hazardous leaks and minimizing releases of
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60108
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Requirements.—** A person owning or operating a pipeline facility shall—
(1) comply with applicable safety standards prescribed under this chapter, except as provided in this section or in section 60126;
(2) prepare and carry out a plan for inspection and maintenance required under section 60108(a) and (b) of this title;
(3) allow access to or copying of records, make reports and provide information, and allow entry or inspection required under subsections (a) through (e) of [section 60117 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60117&num=0&edition=prelim); and
(4) conduct a risk analysis, and adopt and implement an integrity management program, for pipeline facilities as required under section 60109(c).
**(b) Compliance Orders.—** The Secretary of Transportation may issue orders directing compliance with this chapter, an order under section 60126, or a regulation prescribed under this chapter. An order shall state clearly the action a person must take to comply.
**(c) Waivers by Secretary.—**
(1) **Nonemergency waivers.—**
(A) *In general.—* — On application of an owner or operator of a pipeline facility, the Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter with respect to such facility on terms the Secretary considers appropriate if the Secretary determines that the waiver is not inconsistent with pipeline safety.
(B) *Hearing.—* — The Secretary may act on a waiver under this paragraph only after notice and an opportunity for a hearing.
(2) **Emergency waivers.—**
(A) *In general.—* — The Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter on terms the Secretary consider
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60118
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—**
(1) A person may bring a civil action in an appropriate district court of the United States for an injunction against another person (including the United States Government and other governmental authorities to the extent permitted under the 11th amendment to the Constitution) for a violation of this chapter or a regulation prescribed or order issued under this chapter. However, the person—
(A) may bring the action only after 60 days after the person has given notice of the violation to the Secretary of Transportation or to the appropriate State authority (when the violation is alleged to have occurred in a State certified under [section 60105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105&num=0&edition=prelim)) and to the person alleged to have committed the violation;
(B) may not bring the action if the Secretary or authority has begun and diligently is pursuing an administrative proceeding for the violation; and
(C) may not bring the action if the Attorney General of the United States, or the chief law enforcement officer of a State, has begun and diligently is pursuing a judicial proceeding for the violation.
(2) The Secretary shall prescribe the way in which notice is given under this subsection.
(3) The Secretary, with the approval of the Attorney General, or the Attorney General may intervene in an action under paragraph (1) of this subsection.
**(b) Costs and Fees.—** The court may award costs, reasonable expert witness fees, and a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this section. The court may award costs to a prevailing defendant when the action is unreasonable, frivolous, or meritless. In this subsection, a reasonable attorney’s f
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60121
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission and Contents.—** Not later than August 15, 1997, and every 2 years thereafter, the Secretary of Transportation shall submit to Congress a report on carrying out this chapter for the 2 immediately preceding calendar years for gas and a report on carrying out this chapter for such period for hazardous liquid. Each report shall include the following information about the prior year for gas or hazardous liquid, as appropriate:
(1) a thorough compilation of the leak repairs, accidents, and casualties and a statement of cause when investigated and established by the National Transportation Safety Board.
(2) a list of applicable pipeline safety standards prescribed under this chapter including identification of standards prescribed during the year.
(3) a summary of the reasons for each waiver granted under section 60118(c) and (d) of this title.
(4) an evaluation of the degree of compliance with applicable safety standards, including a list of enforcement actions and compromises of alleged violations by location and company name.
(5) a summary of outstanding problems in carrying out this chapter, in order of priority.
(6) an analysis and evaluation of—
(A) research activities, including their policy implications, completed as a result of the United States Government and private sponsorship;
(B) technological progress in safety achieved; and
(C) a summary of each research and development project carried out with Federal and non-Federal entities pursuant to section 12 of the Pipeline Safety Improvement Act of 2002 and a review of how the project affects safety.
(7) a list, with a brief statement of the issues, of completed or pending judicial actions under this chapter.
(8) the extent to which technical information was distributed to the scienti
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60124
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Gas and Hazardous Liquid.—**
(1) **In general.—** — From fees collected under section 60301, there are authorized to be appropriated to the Secretary to carry out section 12 of the Pipeline Safety Improvement Act of 2002 ([49 U.S.C. 60101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60101&num=0&edition=prelim) note; Public Law 107–355) and the provisions of this chapter relating to gas and hazardous liquid—
(A) $156,400,000 for fiscal year 2021, of which—
(i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 ([49 U.S.C. 60101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60101&num=0&edition=prelim) note; Public Law 107–355); and
(ii) $63,000,000 shall be used for making grants;
(B) $158,500,000 for fiscal year 2022, of which—
(i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 ([49 U.S.C. 60101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60101&num=0&edition=prelim) note; Public Law 107–355); and
(ii) $66,000,000 shall be used for making grants; and
(C) $162,700,000 for fiscal year 2023, of which—
(i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 ([49 U.S.C. 60101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60101&num=0&edition=prelim) note; Public Law 107–355); and
(ii) $69,000,000 shall be used for making grants.
(2) **Trust fund amounts.—** — In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated from the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Cod
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60125
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Federal law — U.S. Code and appendices · legal_authorities
Page 1752
TITLE 49—TRANSPORTATION
§ 60105
or continue in force safety standards for inter-
state pipeline facilities or interstate pipeline
transportation. Notwithstanding the preceding
sentence, a State authority may enforce a re-
quirement 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.
(d) CONSULTATION.—(1) When continuity of gas
service is affected by prescribing a standard or
waiving compliance with standards under this
chapter, the Secretary of Transportation shall
consult with and advise the Federal Energy Reg-
ulatory Commission or a State authority having
jurisdiction over the affected gas pipeline facil-
ity before prescribing the standard or waiving
compliance. The Secretary shall delay the effec-
tive date of the standard or waiver until the
Commission or State authority has a reasonable
opportunity to grant an authorization it con-
siders necessary.
(2) In a proceeding under section 3 or 7 of the
Natural Gas Act (15 U.S.C. 717b or 717f), each ap-
plicant for authority to import natural gas or to
establish, construct, operate, or extend a gas
pipeline facility subject to an applicable safety
standard shall certify that it will design, install,
inspect, test, construct, operate, replace, and
maintain a gas pipeline facility under those
standards and plans for inspection and mainte-
nance under section 60108 of this title. The cer-
tification is binding on the Secretary of Energy
and the Commission except when an appropriate
enforcement agency has given timely written
notice to the Commission that the applicant has
violated a standard prescribed under this chap-
ter.
(e) LOCATION AND ROUTING OF FACILITIES.—This
chapter does not
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 60105
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