Page:United States Statutes at Large Volume 120.djvu/3527

 120 STAT. 3496

PUBLIC LAW 109–468—DEC. 29, 2006 integrity risk to public safety, property, or the environment, the Secretary may order the operator of the facility to take necessary corrective action, including physical inspection, testing, repair, or other appropriate action, to remedy that condition. ‘‘(2) CONSIDERATIONS.—In making a determination under paragraph (1), the Secretary, if relevant and pursuant to the regulations issued under paragraph (1), shall consider— ‘‘(A) the considerations specified in paragraphs (1) through (6) of section 60112(b); ‘‘(B) the likelihood that the condition will impair the serviceability of a pipeline; ‘‘(C) the likelihood that the condition will worsen over time; and ‘‘(D) the likelihood that the condition is present or could develop on other areas of the pipeline.’’.

SEC. 14. INTEGRITY PROGRAM ENFORCEMENT.

Section 60109(c)(9)(A)(iii) is amended to read as follows: ‘‘(iii) INADEQUATE PROGRAMS.—If the Secretary determines that a risk analysis or integrity management program does not comply with the requirements of this subsection or regulations issued as described in paragraph (2), has not been adequately implemented, or is inadequate for the safe operation of a pipeline facility, the Secretary may conduct proceedings under this chapter.’’. 49 USC 60117 note.

SEC. 15. INCIDENT REPORTING.

Not later than December 31, 2007, the Secretary of Transportation shall review the incident reporting requirements for operators of natural gas pipelines and modify the reporting criteria as appropriate to ensure that the incident data gathered accurately reflects incident trends over time, taking into consideration the recommendations from the Comptroller General in GAO report 06– 946. SEC. 16. SENIOR EXECUTIVE SIGNATURE OF INTEGRITY MANAGEMENT PROGRAM PERFORMANCE REPORTS.

Procedures.

Section 60109 (as amended by section 9 of this Act) is further amended by adding at the end the following: ‘‘(f) CERTIFICATION OF PIPELINE INTEGRITY MANAGEMENT PROGRAM PERFORMANCE.—The Secretary shall establish procedures requiring certification of annual and semiannual pipeline integrity management program performance reports by a senior executive officer of the company operating a pipeline subject to this chapter. The procedures shall require a signed statement, which may be effected electronically in accordance with the provisions of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.), certifying that— ‘‘(1) the signing officer has reviewed the report; and ‘‘(2) to the best of such officer’s knowledge and belief, the report is true and complete.’’. SEC. 17. COST RECOVERY FOR DESIGN REVIEWS.

Section 60117 (as amended by section 11 of this Act) is amended by adding at the end the following: ‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.—

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