Page:United States Statutes at Large Volume 116 Part 4.djvu/560

 116 STAT. 2988 PUBLIC LAW 107-355—DEC. 17, 2002 Notice. Federal Register, publication. Deadline. " (e) ENDING AGREEMENTS. — "(1) PERMISSIVE TERMINATION.— The Secretary may end an agreement under this section when the Secretary finds that the State authority has not compHed with any provision of the agreement. "(2) MANDATORY TERMINATION OF AGREEMENT.— The Secretary shall end an agreement for the oversight of interstate pipeline transportation if the Secretary finds that— "(A) implementation of such agreement has resulted in a gap in the oversight responsibilities of intrastate pipeline transportation by the State authority; "(B) the State actions under the agreement have failed to meet the requirements under subsection (b); or "(C) continued participation by the State authority in the oversight of interstate pipeline transportation would not promote pipeline safety. "(3) PROCEDURAL REQUIREMENTS. —The Secretary shall give notice and an opportunity for a hearing to a State authority before ending an agreement under this section. The Secretary may provide a State 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 finds that continuation of an agreement poses an imminent hazard.". (c) SECRETARY'S RESPONSE TO STATE NOTICES OF VIOLATIONS.— Subsection (c) of section 60106 (as redesignated by subsection (a)(2) of this section) is amended— (1) by striking "Each agreement" and inserting the following: "(1) IN GENERAL.— Each agreement"; (2) by adding at the end the following: "(2) RESPONSE BY SECRETARY. —If a State authority notifies the Secretary under paragraph (1) of a violation or probable violation of an applicable safety standard, the Secretary, not later than 60 days after the date of receipt of the notification, shall— "(A) issue an order under section 60118(b) or take other appropriate enforcement actions to ensure compliance with this chapter; or "(B) provide the State authority with a written explanation as to why the Secretary has determined not to take such actions."; and (3) by aligning the text of paragraph (1) (as designated by this subsection) with paragraph (2) (as added by this subsection). SEC. 5. PUBLIC EDUCATION PROGRAMS. Section 60116 is amended to read as follows: "§60116. Public education programs "(a) IN GENERAL. —Each owner or operator of a gas or hazardous liquid pipeline facility shall carry out a continuing program to educate the public on the use of a one-call notification system prior to excavation and other damage prevention activities, the possible hazards associated with unintended releases from the pipeline facility, the physical indications that such a release may have

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