Page:United States Statutes at Large Volume 108 Part 2.djvu/594

 108 STAT. 1310 PUBLIC LAW 103-272—JULY 5, 1994 (7) may enforce ssifety 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. (c) REPORTS.—(1) Each certification submitted under subsection (a) of this section shall include a report that contains— (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 prac- <>A s tices 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) APPLICATION.— A certification in effect under this section does not apply to safety standards prescribed under this chapter after the date of certification. This chapter applies to each applicable safety standard prescribed after the date of certification until the State authority adopts the standard and submits the appropriate certification to the Secretary under subsection (a) of this section. (e) MONITORING.— The Secretary may monitor a safety program established under this section to ensure that the program complies with the certification. A State authority shall cooperate with the Secretary under this subsection. if) REJECTIONS OF CERTIFICATION.— If after receiving a certification the Secretary decides the State authority is not enforcing satisfactorily compliance with applicable safety standards prescribed under this chapter, the Secretary may reject the certification, assert United States Government jurisdiction, or take other appropriate action to achieve adequate enforcement. The Secretary shall give the authority notice and an opportunity for a hearing before taking final action under this subsection. When notice is given, the burden of proof is on the authority to demonstrate that it is enforcing satisfactorily compliance with the prescribed standards. §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—

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