Page:United States Statutes at Large Volume 108 Part 2.djvu/596

 108 STAT. 1312 PUBLIC LAW 103-272—JULY 5, 1994 (B) reporting and fiscal procedures the Secretary considers necessary to ensure the proper accounting of money of the Government; and (C) qualifications for a State to meet to receive a payment under this section, including qualifications for State employees who perform inspection activities under section 60105 or 60106 of this title. (2) The qualifications prescribed under paragraph (1)(C) of this subsection may— (A) consider the experience and training of the employee; (B) order training or other requirements; and (C) provide for approval of qualifications on a conditional basis until specified requirements are met. § 60108. Inspection and maintenance (a) PLANS.— (1) Each person transporting gas or hazardous liquid or owning or operating an intrastate gas pipeline facility or hazardous liquid pipeline facility shall carry out a current written plan (including any changes) for inspection and maintenance of each facility used in the transportation and owned or operated by the person. A copy of the plan shall be kept at any office of the person the Secretary of Transportation considers appropriate. The Secretary also may require a person transporting gas or hazardous liquid or owning or operating a pipeline facility subject to this chapter to file a plan for inspection and maintenance for approval. (2) If the Secretary or a State authority responsible for enforcing standards prescribed under this chapter decides that a plan required under paragraph (1) of this subsection is inadequate for safe operation, the Secretary or authority shall require the person to revise the plan. Revision may be required only after giving notice and an opportunity for a hearing. A plan required under paragraph (1) must be practicable and designed to meet the need for pipeline safety and must include terms designed to enhance the ability to discover safety-related conditions described in section 60102(h)(1) of this title. In deciding on the adequacy of a plan, the Secretary or authority shall consider— (A) relevant available pipeline safety information; (B) the appropriateness of the plan for the particular kind of pipeline transportation or facility; (C) the reasonableness of the plan; and (D) the extent to which the plan will contribute to public safety and the protection of the environment. (3) A plan required under this subsection shall be made available to the Secretary or State authority on request under section 60117 of this title. (b) INSPECTION AND TESTING.—(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, and condition of the pipeline facility.

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