49 U.S.C. § 60106 — State pipeline safety agreements

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- Page 1755 TITLE 49—TRANSPORTATION § 60106 cember 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 defi- ciencies, 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 respon- sibilities of intrastate pipeline transpor- tation by the State authority; or (C) continued participation by the State authority in the oversight of interstate pipe- line transportation has had an adverse im- pact on pipeline safety. (4) NOTICE UPON DENIAL.—If a State author- ity requests an interstate agreement under this section and the Secretary denies such re- quest, the Secretary shall provide written no- tification to the State authority of the denial that includes an explanation of the reasons for such denial. (c) NOTIFICATION.— (1) IN GENERAL.—Each agreement shall re- quire the State authority to notify the Sec- retary promptly of a violation or probable vio- lation of an applicable safety standard discov- ered as a result of action taken in carrying out an agreement under this section. (2) RESPONSE BY SECRETARY.—If a State au- thority 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 au- thority has not complied with any provision of the agreement. (2) MANDATORY TERMINATION OF AGREE- MENT.—The Secretary shall end an agreement for the oversight of interstate pipeline trans- portation if the Secretary finds that— (A) implementation of such agreement has resulted in a gap in the oversight respon- sibilities of intrastate pipeline transpor- tation 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 pipe- line transportation would not promote pipe- line safety. (3) PROCEDURAL REQUIREMENTS.—The Sec- retary shall give notice and an opportunity for a hearing to a State authority before ending an agreement under this section. The Sec- retary 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 Fed- eral 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) JOINT INSPECTORS.—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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1310; Pub. L. 104–304, § 20(b), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 107–355, § 4, Dec. 17, 2002, 116 Stat. 2986; Pub. L. 114–183, §§ 13, 24(b), June 22, 2016, 130 Stat. 524, 530.) HISTORICAL AND REVISION NOTES 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, § 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) (re- lated to agree- ment). 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) (re- lated to agree- ment). 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 ac- tion’’ 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 sub- stituted 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). Page 1756 TITLE 49—TRANSPORTATION § 60107 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 sub- sec. (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 provi- sion of the agreement. The Secretary shall give the au- thority 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 Reg- ister and may not become effective for at least 15 days after the date of publication.’’ 1996—Pub. L. 104–304 substituted ‘‘State pipeline safe- ty agreements’’ for ‘‘State agreements’’ in section catchline. § 60107. State pipeline safety grants (a) GENERAL AUTHORITY.—If a State authority files an application not later than September 30 of a calendar year, the Secretary of Transpor- tation 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 or an agreement under section 60106 of this title; 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 with- hold 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 require- ment. (c) APPORTIONMENT AND METHOD OF PAY- MENT.—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 CONSIDER- ATIONS.—(1) The Secretary may prescribe— (A) the form of, and way of filing, an appli- cation under this section; (B) reporting and fiscal procedures the Sec- retary considers necessary to ensure the prop- er accounting of money of the Government; and (C) qualifications for a State to meet to re- ceive a payment under this section, including qualifications for State employees who per- form inspection activities under section 60105 or 60106 of this title. (2) The qualifications prescribed under para- graph (1)(C) of this subsection may— (A) consider the experience and training of the employee; (B) order training or other requirements; and (C) provide for approval of qualifications on a conditional basis until specified require- ments are met. (e) REPURPOSING OF FUNDS.—If a State pro- gram’s certification is rejected under section 60105(f) or such program is otherwise suspended or interrupted, the Secretary may use any un- distributed, deobligated, or recovered funds au- thorized under this section to carry out pipeline safety activities for that State within the period of availability for such funds. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1311; Pub. L. 104–304, § 20(c), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 109–468, § 2(c), (d), Dec. 29, 2006, 120 Stat. 3489; Pub. L. 112–90, § 19, Jan. 3, 2012, 125 Stat. 1916; Pub. L. 114–183, § 17, June 22, 2016, 130 Stat. 526.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60107(a) ...... 49 App.:1674(d)(1) (1st sentence). Aug. 12, 1968, Pub. L. 90–481, § 5(d)(1), (3), (4), 82 Stat. 724; Aug. 22, 1972, Pub. L. 92–401, § 2, 86 Stat. 616; Aug. 30, 1974, Pub. L. 93–403, § 2, 88 Stat. 802; Nov. 30, 1979, Pub. L. 96–129, § 103(b)(2)(B), 93 Stat. 991. 49 App.:2004(d)(1) (1st sentence). Nov. 30, 1979, Pub. L. 96–129, § 205(d)(1), (3), (4), 93 Stat. 1008. 60107(b) ...... 49 App.:1674(d)(1) (2d, last sen- tences). 49 App.:2004(d)(1) (2d, last sen- tences). 60107(c) ...... 49 App.:1674(d)(2). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 5(d)(2); added Aug. 30, 1974, Pub. L. 93–403, § 2, 88 Stat. 802; Nov. 30, 1979, Pub. L. 96–129, §§ 103(b)(2)(B), 109(h)(3), 93 Stat. 991, 996; Apr. 7, 1986, Pub. L. 99–272, § 7002(b)(1), 100 Stat. 139. 49 App.:1674(d)(3). 49 App.:2004(d)(2). Nov. 30, 1979, Pub. L. 96–129, § 205(d)(2), 93 Stat. 1008; Apr. 7, 1986, Pub. L. 99–272, § 7002(b)(2), 100 Stat. 139. 49 App.:2004(d)(3). 60107(d) (1)(A), (B). 49 App.:1674(d)(4). 49 App.:2004(d)(4). 60107(d) (1)(C), (2). 49 App.:1674(d)(5). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 5(d)(5); added Oct. 31, 1988, Pub. L. 100–561, § 104, 102 Stat. 2807. 49 App. 2004(d)(5). Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 205(d)(5); added Oct. 31, 1988, Pub. L. 100–561, § 204, 102 Stat. 2811. In subsection (a), before clause (1), the words ‘‘Except as otherwise provided in this section’’ and ‘‘out of funds appropriated or otherwise made available’’ are omitted as surplus. In subsection (b), before clause (1), the word ‘‘pay- ment’’ is substituted for ‘‘funds’’ for clarity. The words ‘‘the total State amount spent’’ are substituted for ‘‘the aggregate expenditures of funds for the State’’, and the words ‘‘at least equal the average amount spent’’ are substituted for ‘‘be maintained at a level which does not fall below the average level of such ex- penditures’’, to eliminate unnecessary words. In clause (1), the words ‘‘that ended June 30, 1967, and June 30, 1968’’ are substituted for ‘‘last two . . . preceding Au- gust 12, 1968’’ for clarity. In clause (2), the words ‘‘that