49 USC 60106: State agreements

49 USC 60106: State agreements Text contains those laws in effect on January 4, 1995

From Title 49-TRANSPORTATIONSUBTITLE VIII-PIPELINESCHAPTER 601-SAFETY

§60106. State agreements

(a) General Authority.-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 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) Notification.-Each agreement shall require the State authority to notify the Secretary promptly of a violation or probable violation of an applicable safety standard discovered as a result of action taken in carrying out an agreement under this section.

(c) 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.

(d) Ending Agreements.-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.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1310 .)

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) (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.

Section Referred to in Other Sections

This section is referred to in sections 60107, 60108, 60118, 60124 of this title.