49 U.S.C. § 60105 — State pipeline safety program certifi-

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 authorize the Secretary of Transportation to prescribe the location or routing of a pipeline facility. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1308; Pub. L. 107–355, § 3(a), Dec. 17, 2002, 116 Stat. 2986.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60104(a) ...... 49 App.:1672(c). Aug. 12, 1968, Pub. L. 90–481, § 3(c), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96–129, §§ 104(a)(2), (c), 109(c), 93 Stat. 992, 994, 996. 49 App.:2002(g). Nov. 30, 1979, Pub. L. 96–129, §§ 202(4) (28th–last words), 203(c) (last sentence), (g), 93 Stat. 1003, 1004, 1005. 60104(b) ...... 49 App.:1672(a)(1) (6th sentence). Aug. 12, 1968, Pub. L. 90–481, § 3(a)(1) (6th, 9th, last sen- tences), 82 Stat. 721; Oct. 11, 1976, Pub. L. 94–477, § 4(2), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§ 101(a), 109(c), (e), 93 Stat. 990, 996; Oct. 24, 1992, Pub. L. 102–508, § 116, 106 Stat. 3298. 49 App.:2002(c) (last sentence). 60104(c) ...... 49 App.:1672(a)(1) (9th, last sen- tences). 49 App.:2002(d). Nov. 30, 1979, Pub. L. 96–129, § 203(d), 93 Stat. 1004; Oct. 24, 1992, Pub. L. 102–508, § 215, 106 Stat. 3305. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 60104(d) ...... 49 App.:1676(a). 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. 60104(e) ...... 49 App.:1671(4) (33d–last words). 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 un- necessary words. The text of 49 App.:1672(c) (1st sen- tence) and 2002(g) (1st sentence) is omitted as unneces- sary 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 waiv- er’’ and ‘‘acting on the waiver application’’ to elimi- nate unnecessary words. The words ‘‘the provisions of’’ are omitted as surplus. The word ‘‘authority’’ is sub- stituted for ‘‘commission’’ for consistency in the re- vised 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. Editorial Notes AMENDMENTS 2002—Subsec. (c). Pub. L. 107–355 inserted at end ‘‘Not- withstanding the preceding sentence, a State authority may enforce a requirement of a one-call notification program of the State if the program meets the require- ments for one-call notification programs under this chapter or chapter 61.’’ § 60105. State pipeline safety program certifi- cations (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 transpor- tation 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 trans- portation) that submits to the Secretary annu- ally a certification for the facilities and trans- portation 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 certifi- cation 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 con- Page 1753 TITLE 49—TRANSPORTATION § 60105 ducted by State employees meeting the quali- fications the Secretary prescribes under sec- tion 60107(d)(1)(C) of this title; (4) is encouraging and promoting the estab- lishment of a program designed to prevent damage by demolition, excavation, tunneling, or construction activity to the pipeline facili- ties to which the certification applies that subjects persons who violate the applicable re- quirements of that program to civil penalties and other enforcement actions that are sub- stantially the same as are provided under this chapter, and addresses the elements in section 60134(b); (5) may require record maintenance, report- ing, 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; (7) may enforce safety standards of the au- thority 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 de- scribed in paragraph (3) to ensure safe oper- ations of pipeline facilities, updating the State Inspection Calculation Tool to take into ac- count factors including— (A) the number of miles of natural gas and hazardous liquid pipelines in the State, in- cluding 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 im- pact 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 author- ity; (B) each accident or incident reported during the prior 12 months by that person involving a fatality, personal injury requiring hospitaliza- tion, or property damage or loss of more than an amount the Secretary establishes (even if the person sustaining the fatality, personal in- jury, 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 investiga- tion by the authority of the cause and cir- cumstances surrounding the accident or inci- dent; (C) the record maintenance, reporting, and inspection practices conducted by the author- ity to enforce compliance with safety stand- ards prescribed under this chapter to which the certification applies, including the number of inspections of pipeline facilities the author- ity made during the prior 12 months; and (D) any other information the Secretary re- quires. (2) The report included in the first certifi- cation 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 author- ity adopts the standard and submits the appro- priate certification to the Secretary under sub- section (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 re- ceiving a certification the Secretary decides the State authority is not enforcing satisfactorily compliance with applicable safety standards pre- scribed under this chapter, the Secretary may reject the certification, assert United States Government jurisdiction, or take other appro- priate 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 satisfac- torily 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; Pub. L. 116–260, div. R, title II, § 202(b)(1), Dec. 27, 2020, 134 Stat. 2239.) 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. 49 App.:2004(a) (1st sentence words before ‘‘that such State agency’’). 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. 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, § 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. Page 1754 TITLE 49—TRANSPORTATION § 60106 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 49 App.:2004(e). Nov. 30, 1979, Pub. L. 96–129, § 205(c) (related to certifi- cation), (e), (f), 93 Stat. 1007, 1008. 60105(e) ...... 49 App.:1674(c) (re- lated to certifi- cation). 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) (re- lated to certifi- cation). 60105(f) ....... 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 ‘‘an- nual’’ 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 sur- plus. 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. Editorial Notes AMENDMENTS 2020—Subsec. (b)(8), (9). Pub. L. 116–260 added pars. (8) and (9). 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 safe- ty program certifications’’ for ‘‘State certifications’’ in section catchline. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 116–260, div. R, title II, § 202(b)(2), Dec. 27, 2020, 134 Stat. 2239, provided that: ‘‘The Secretary [of Trans- portation] shall promulgate regulations to require that a State authority with a certification in effect under section 60105 of title 49, United States Code, has a suffi- cient number of qualified inspectors to ensure safe op- erations, as determined by the State Inspection Cal- culation Tool and other factors determined to be appro- priate by the Secretary.’’ Pub. L. 116–260, div. R, title II, § 202(b)(3), Dec. 27, 2020, 134 Stat. 2239, provided that: ‘‘Not later than 2 years after the date of enactment of this Act [Dec. 27, 2020], the Secretary [of Transportation] shall promulgate reg- ulations to implement the amendments made by this subsection [amending this section].’’ § 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 de- signed 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 sub- section, the Secretary may make an agree- ment with a State authority authorizing it to participate in the oversight of interstate pipe- line 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 activi- ties overseeing interstate pipeline transpor- tation or to assume additional inspection or investigatory duties. Nothing in this section modifies section 60104(c) or authorizes the Sec- retary to delegate the enforcement of safety standards for interstate pipeline facilities pre- scribed under this chapter to a State author- ity. (2) DETERMINATIONS REQUIRED.—The Sec- retary may not enter into an agreement under this subsection, unless the Secretary deter- mines in writing that— (A) the agreement allowing participation of the State authority is consistent with the Secretary’s program for inspection and con- sistent with the safety policies and provi- sions provided under this chapter; (B) the interstate participation agreement would not adversely affect the oversight re- sponsibilities of intrastate pipeline transpor- tation by the State authority; (C) the State is carrying out a program demonstrated to promote preparedness and risk prevention activities that enable com- munities to live safely with pipelines; (D) the State meets the minimum stand- ards for State one-call notification set forth in chapter 61; and (E) the actions planned under the agree- ment would not impede interstate commerce or jeopardize public safety. (3) EXISTING AGREEMENTS.—If requested by the State authority, the Secretary shall au- thorize a State authority which had an inter- state agreement in effect after January 31, 1999, to oversee interstate pipeline transpor- tation pursuant to the terms of that agree- ment until the Secretary determines that the State meets the requirements of paragraph (2) and executes a new agreement, or until De-