State pipeline safety program certifications

49 U.S.C. § 60105

• Title: 49 — Transportation
• Chapter: 601 — SAFETY

Text

(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;
(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;
(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.

History

(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.)

Editorial Notes

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.

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 safety 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 Transportation] 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 sufficient number of qualified inspectors to ensure safe operations, as determined by the State Inspection Calculation Tool and other factors determined to be appropriate 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 regulations to implement the amendments made by this subsection [amending this section]."