49 U.S.C. § 60105 : US Code - Section 60105: State pipeline safety program certifications

Search 49 U.S.C. § 60105 : US Code - Section 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
qualifications the Secretary prescribes under section
60107(d)(1)(C) of this title;
(4) 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;
(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.
(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.