Page:United States Statutes at Large Volume 108 Part 2.djvu/588

 108 STAT. 1304 PUBLIC LAW 103-272—JULY 5, 1994 § 60102. General authority (a)(1) MINIMUM SAFETY STANDARDS. —The Secretary of Transportation shall prescribe minimum safety standards for pipeline transportation and for pipeline facilities. The standards— (A) apply to transporters of gas and hazardous liquid and to owners and operators of pipeline facilities; j (B) may apply to the design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities; and (C) shall include a requirement that all individuals responsible for the operation and maintenance of pipeline facilities be tested for qualifications and certified to operate and maintain those facilities. (2) As the Secretary considers appropriate, the operator of a pipeline facility may make the certification under paragraph (1)(C) of this subsection. Testing and certification under paragraph (I)(C) shall address the ability to recognize and react appropriately to abnormal operating conditions that may indicate a dangerous situation or a condition exceeding design limits. (b) PRACTICABILITY AND SAFETY NEEDS STANDARDS. —A standard prescribed under subsection (a) of this section shall be practicable and designed to meet the need for gas pipeline safety, for safely transporting hazardous liquid, and for protecting the environment. Except as provided in section 60103 of this title, when prescribing the standard the Secretary shall consider— (1) relevant available— (A) gas pipeline safety information; or (B) hazardous liquid pipeline information; (2) the appropriateness of the standard for the particular , type of pipeline transportation or facility; (3) the reasonableness of the standard; and (4) the extent to which the standard will contribute to public safety and the protection of the environment. (c) PUBLIC SAFETY PROGRAM REQUIREMENTS.— (1) The Secretary shall include in the standards prescribed under subsection (a) of this section a requirement that an operator of a gas pipeline facility participate in a public safety program that— (A) notifies an operator of proposed demolition, excavation, tunneling, or construction near or affecting the facility; (B) requires an operator to identify a pipeline facility that may be affected by the proposed demolition, excavation, tunneling, or construction, to prevent damaging the facility; and (C) the Secretary decides will protect a facility adequately against a hazard caused by demolition, excavation, tunneling, or construction. (2) To the extent a public safety program referred to in paragraph (1) of this subsection is not available, the Secretary shall prescribe standards requiring an operator to take action the Secretary prescribes to provide services comparable to services that would be available under a public safety program. (3) The Secretary may include in the standards prescribed under subsection (a) of this section a requirement that an operator of a hazardous liquid pipeline facility participate in a public safety program meeting the requirements of paragraph (1) of this subsection or maintain and carry out a damage prevention program

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