§60105. State pipeline safety program certifications
(a)
(b)
(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)
(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)
(e)
(f)
(
| 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,
|
| 49 App.:2004(a) (1st sentence words before "that such State agency"). | Nov. 30, 1979,
|
|
| 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,
|
| 49 App.:2004(e). | Nov. 30, 1979,
|
|
| 60105(e) | 49 App.:1674(c) (related to certification). | Aug. 12, 1968,
|
| 49 App.:2004(c) (related to certification). | ||
| 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 "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).
2006-Subsec. (b)(4).
1996-
Statutory Notes and Related Subsidiaries
Regulations