2013 US Code
Title 49 - Transportation
Subtitle VIII - PIPELINES (§§ 60101 - 60503)
Chapter 601 - SAFETY (§§ 60101 - 60140)
Section 60106 - State pipeline safety agreements
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE VIII - PIPELINES CHAPTER 601 - SAFETY Sec. 60106 - State pipeline safety agreements |
Contains | section 60106 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 82 Stat. 720, 723, 724 90 Stat. 2074 93 Stat. 991, 1007 108 Stat. 1310 110 Stat. 3804 116 Stat. 2986 |
Public Law References | Public Law 90-481, Public Law 94-477, Public Law 96-129, Public Law 103-272, Public Law 104-304, Public Law 107-355 |
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(a)
(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)
(1)
(2)
(A) the agreement allowing participation of the State authority is consistent with the Secretary's program for inspection and consistent with the safety policies and provisions provided under this chapter;
(B) the interstate participation agreement would not adversely affect the oversight responsibilities of intrastate pipeline transportation by the State authority;
(C) the State is carrying out a program demonstrated to promote preparedness and risk prevention activities that enable communities to live safely with pipelines;
(D) the State meets the minimum standards for State one-call notification set forth in chapter 61; and
(E) the actions planned under the agreement would not impede interstate commerce or jeopardize public safety.
(3)
(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 responsibilities of intrastate pipeline transportation by the State authority; or
(C) continued participation by the State authority in the oversight of interstate pipeline transportation has had an adverse impact on pipeline safety.
(c)
(1)
(2)
(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)
(e)
(1)
(2)
(A) implementation of such agreement has resulted in a gap in the oversight responsibilities of intrastate pipeline transportation 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 pipeline transportation would not promote pipeline safety.
(3)
(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.)
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) (related to agreement). | 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) (related to agreement). | ||
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 action" 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 substituted 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.
REFERENCES IN TEXTEnactment 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.
AMENDMENTS2002—Subsec. (a). Pub. L. 107–355, §4(a)(1), substituted "
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 subsec. (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 provision of the agreement. The Secretary shall give the authority 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 Register and may not become effective for at least 15 days after the date of publication."
1996—Pub. L. 104–304 substituted "State pipeline safety agreements" for "State agreements" in section catchline.
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