--- kind: "section" citation: "49 U.S.C. § 60106" title: "49" title_heading: "Transportation" number: "60106" heading: "State pipeline safety agreements" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/49/60106" units: - "Subtitle VIII — Pipelines" - "Chapter 601 — Safety" --- # §60106. State pipeline safety agreements - (a) **Agreements Without Certification.—** If the [Secretary](/usc/49/60101.md?p=a-25) of Transportation does not receive a certification under [section 60105 of this title](/usc/49/60105.md), the [Secretary](/usc/49/60101.md?p=a-25) may make an agreement with a [State](/usc/49/60101.md?p=a-20) authority (including a [municipality](/usc/49/60101.md?p=a-15) if the agreement applies to intrastate [gas](/usc/49/60101.md?p=a-2) [pipeline transportation](/usc/49/60101.md?p=a-19)) 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](/usc/49/60108.md) (a) and (b) of this title. - (b) **Agreements With Certification.—** - (1) **In general.—** If the [Secretary](/usc/49/60101.md?p=a-25) accepts a certification under [section 60105](/usc/49/60105.md) and makes the determination required under this subsection, the [Secretary](/usc/49/60101.md?p=a-25) may make an agreement with a [State](/usc/49/60101.md?p=a-20) authority authorizing it to participate in the oversight of interstate [pipeline transportation](/usc/49/60101.md?p=a-19). Each such agreement shall include a plan for the [State](/usc/49/60101.md?p=a-20) authority to participate in special investigations involving incidents or new construction and allow the [State](/usc/49/60101.md?p=a-20) authority to participate in other activities overseeing interstate [pipeline transportation](/usc/49/60101.md?p=a-19) or to assume additional inspection or investigatory duties. Nothing in this section modifies [section 60104(c)](/usc/49/60104.md?p=c) or authorizes the [Secretary](/usc/49/60101.md?p=a-25) to delegate the enforcement of safety standards for interstate [pipeline facilities](/usc/49/60101.md?p=a-18) prescribed under this chapter to a [State](/usc/49/60101.md?p=a-20) authority. - (2) **Determinations required.—** The [Secretary](/usc/49/60101.md?p=a-25) may not enter into an agreement under this subsection, unless the [Secretary](/usc/49/60101.md?p=a-25) determines in writing that— - (A) the agreement allowing participation of the [State](/usc/49/60101.md?p=a-20) authority is consistent with the [Secretary](/usc/49/60101.md?p=a-25)’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](/usc/49/60101.md?p=a-19) by the [State](/usc/49/60101.md?p=a-20) authority; - (C) the [State](/usc/49/60101.md?p=a-20) is carrying out a program demonstrated to promote preparedness and risk prevention activities that enable communities to live safely with pipelines; - (D) the [State](/usc/49/60101.md?p=a-20) meets the minimum standards for [State](/usc/49/60101.md?p=a-20) one-call notification set forth in [chapter 61](/usc/49/chstIII/ch61.md); and - (E) the actions planned under the agreement would not impede interstate commerce or jeopardize public safety. - (3) **Existing agreements.—** If requested by the [State](/usc/49/60101.md?p=a-20) authority, the [Secretary](/usc/49/60101.md?p=a-25) shall authorize a [State](/usc/49/60101.md?p=a-20) authority which had an interstate agreement in effect after January 31, 1999, to oversee interstate [pipeline transportation](/usc/49/60101.md?p=a-19) pursuant to the terms of that agreement until the [Secretary](/usc/49/60101.md?p=a-25) determines that the [State](/usc/49/60101.md?p=a-20) meets the requirements of [paragraph (2)](#b-2) and executes a new agreement, or until December 31, 2003, whichever is sooner. Nothing in this paragraph shall prevent the [Secretary](/usc/49/60101.md?p=a-25), after affording the [State](/usc/49/60101.md?p=a-20) notice, hearing, and an opportunity to correct any alleged deficiencies, from terminating an agreement that was in effect before enactment of the Pipeline Safety Improvement Act of 2002 if— - (A) the [State](/usc/49/60101.md?p=a-20) 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](/usc/49/60101.md?p=a-19) by the [State](/usc/49/60101.md?p=a-20) authority; or - (C) continued participation by the [State](/usc/49/60101.md?p=a-20) authority in the oversight of interstate [pipeline transportation](/usc/49/60101.md?p=a-19) has had an adverse impact on pipeline safety. - (4) **Notice upon denial.—** If a [State](/usc/49/60101.md?p=a-20) authority requests an interstate agreement under this section and the [Secretary](/usc/49/60101.md?p=a-25) denies such request, the [Secretary](/usc/49/60101.md?p=a-25) shall provide written notification to the [State](/usc/49/60101.md?p=a-20) authority of the denial that includes an explanation of the reasons for such denial. - (c) **Notification.—** - (1) **In general.—** Each agreement shall require the [State](/usc/49/60101.md?p=a-20) authority to notify the [Secretary](/usc/49/60101.md?p=a-25) 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. - (2) **Response by secretary.—** If a [State](/usc/49/60101.md?p=a-20) authority notifies the [Secretary](/usc/49/60101.md?p=a-25) under [paragraph (1)](#c-1) of a violation or probable violation of an applicable safety standard, the [Secretary](/usc/49/60101.md?p=a-25), not later than 60 days after the date of receipt of the notification, shall— - (A) issue an order under [section 60118(b)](/usc/49/60118.md?p=b) or take other appropriate enforcement actions to ensure compliance with this chapter; or - (B) provide the [State](/usc/49/60101.md?p=a-20) authority with a written explanation as to why the [Secretary](/usc/49/60101.md?p=a-25) has determined not to take such actions. - (d) **Monitoring.—** The [Secretary](/usc/49/60101.md?p=a-25) may monitor a safety program established under this section to ensure that the program complies with the agreement. A [State](/usc/49/60101.md?p=a-20) authority shall cooperate with the [Secretary](/usc/49/60101.md?p=a-25) under this subsection. - (e) **Ending Agreements.—** - (1) **Permissive termination.—** The [Secretary](/usc/49/60101.md?p=a-25) may end an agreement under this section when the [Secretary](/usc/49/60101.md?p=a-25) finds that the [State](/usc/49/60101.md?p=a-20) authority has not complied with any provision of the agreement. - (2) **Mandatory termination of agreement.—** The [Secretary](/usc/49/60101.md?p=a-25) shall end an agreement for the oversight of interstate [pipeline transportation](/usc/49/60101.md?p=a-19) if the [Secretary](/usc/49/60101.md?p=a-25) finds that— - (A) implementation of such agreement has resulted in a gap in the oversight responsibilities of intrastate [pipeline transportation](/usc/49/60101.md?p=a-19) by the [State](/usc/49/60101.md?p=a-20) authority; - (B) the [State](/usc/49/60101.md?p=a-20) actions under the agreement have failed to meet the requirements under [subsection (b)](#b); or - (C) continued participation by the [State](/usc/49/60101.md?p=a-20) authority in the oversight of interstate [pipeline transportation](/usc/49/60101.md?p=a-19) would not promote pipeline safety. - (3) **Procedural requirements.—** The [Secretary](/usc/49/60101.md?p=a-25) shall give notice and an opportunity for a hearing to a [State](/usc/49/60101.md?p=a-20) authority before ending an agreement under this section. The [Secretary](/usc/49/60101.md?p=a-25) may provide a [State](/usc/49/60101.md?p=a-20) an opportunity to correct any deficiencies 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 unless the [Secretary](/usc/49/60101.md?p=a-25) finds that continuation of an agreement poses an imminent hazard. - (f) **Joint Inspectors.—** At the request of a [State](/usc/49/60101.md?p=a-20) authority, the [Secretary](/usc/49/60101.md?p=a-25) shall allow for a certified [State](/usc/49/60101.md?p=a-20) authority under [section 60105](/usc/49/60105.md) to participate in the inspection of an interstate [pipeline facility](/usc/49/60101.md?p=a-18). ## 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; Pub. L. 114–183, §§ 13, 24(b), June 22, 2016, 130 Stat. 524, 530.) ## Notes | 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. ### Editorial Notes ### References in Text Enactment 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. ### Amendments 2016—Subsec. (b)(4). Pub. L. 114–183, § 24(b), added par. (4). Subsec. (f). Pub. L. 114–183, § 13, added subsec. (f). 2002—Subsec. (a). Pub. L. 107–355, § 4(a)(1), substituted “Agreements Without Certification” for “General Authority” in heading. 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.