§60106. State pipeline safety agreements — Inbound Citations
49 U.S.C. § 60106
Cited by 11 provisions in release 119-102.
Citations to 49 U.S.C. § 60106 as a whole
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(1) to carry out a safety program under a certification under section 60105 of this title or an agreement under section 60106 of this title; or
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(1) The Secretary shall inspect and require appropriate testing of a pipeline facility subject to this chapter that is not covered by a certification under section 60105 of this title or an agreement under section 60106 of this title. The Secretary shall decide on the frequency and type of inspection and testing under this subsection on a case-by-case basis after considering the following:(A) the location of the pipeline facility.(B) the type, size, age, manufacturer, method of construction, construction material, and condition of the pipeline facility.(C) the nature and volume of material transported through the pipeline facility.(D) the pressure at which that material is transported.(E) climatic, geologic, and seismic characteristics (including soil characteristics) and conditions of the area in which the pipeline facility is located.(F) existing and projected population and demographic characteristics of the area in which the pipeline facility is located.(G) for a hazardous liquid pipeline facility, the proximity of the area in which the facility is located to an area that is unusually sensitive to environmental damage.(H) the frequency of leaks.(I) other factors the Secretary decides are relevant to the safety of pipeline facilities.
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(10) A State authority that enters into an agreement pursuant to section 60106, permitting the State authority to review the risk analysis and integrity management program pursuant to paragraph (9), may provide the Secretary with a written assessment of the risk analysis and integrity management program, make recommendations, as appropriate, to address safety concerns not adequately addressed by the operator’s risk analysis or integrity management program, and submit documentation explaining the State-proposed revisions. The Secretary shall consider carefully the State’s proposals and work in consultation with the States and operators to address safety concerns.
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(aa) shall not use subclause (I) as justification to reduce funding, decertify, or penalize in any way under section 60105, 60106, or 60107 a State authority that has in effect a certification under section 60105 or an agreement under section 60106; and
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(d) If a certification under section 60105 of this title or an agreement under section 60106 of this title is in effect, the State authority may waive compliance with a safety standard to which the certification or agreement applies in the same way and to the same extent the Secretary may waive compliance under subsection (c) of this section. However, the authority must give the Secretary written notice of the waiver at least 60 days before its effective date. If the Secretary makes a written objection before the effective date of the waiver, the waiver is stayed. After notifying the authority of the objection, the Secretary shall provide a prompt opportunity for a hearing. The Secretary shall make the final decision on granting the waiver.
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(10) a compilation of agreements made under section 60106 of this title that were—(A) in effect; or(B) ended in any part by the Secretary and a summary of the reasons for ending each agreement.
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(11) a description of the number and qualifications of State pipeline safety inspectors in each State for which a certification under section 60105 of this title or an agreement under section 60106 of this title is in effect and the number and qualifications of inspectors the Secretary recommends for that State.
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(1) has in effect an annual certification under section 60105 or an agreement under section 60106;