Page:United States Statutes at Large Volume 110 Part 5.djvu/722

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110 STAT. 3796 PUBLIC LAW 104-304—OCT. 12, 1996 "(A) the standard is the product of a negotiated rulemaking, or other rulemaking including the adoption of industry standeirds that receives no significant adverse comment within 60 days of notice in the Federal Register; "(B) based on a recommendation (in which threefourths of the members voting concur) by the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Ssifety Standards Committee, or both, as applicable, the Secretary waives the requirements; or "(C) the Secretary finds, pursuant to section 553(b)(3)(B) of title 5, United States Code, that notice and public procedure are not required. "(7) REPORT.— Not later than March 31, 2000, the Secretary shall transmit to the Congress a report that— "(A) describes the implementation of the risk assessment requirements of this section, including the extent to which those requirements have affected regulatory decisionmaking and pipeline safety; and "(B) includes any recommendations that the Secretary determines would make the risk assessment process conducted pursuant to the requirements under this chapter a more effective means of assessing the benefits and costs associated with alternative regulatory and nonregulatory options in prescribing standards under the Federal pipeline safety regulatory program under this chapter.". (c) FACILITY OPERATION INFORMATION STANDARDS. —The first sentence of section 60102(d) is amended— (1) by inserting "as required by the steindards prescribed under this chapter" after "operating the facility"; (2) by striking "to provide the information" and inserting "to make the information available"; and (3) by inserting "as determined by the Secretar}^' after "to the Secretary and an appropriate State official". (d) PIPE INVENTORY STANDARDS.— The first sentence of section 60102(e) is amended— (1) by striking "and, to the extent the Secretary considers necessary, an operator of a gathering line that is not a regulated gather line (as defined under section 60101(b)(2) of this title),"; and (2) by striking "transmission" and inserting "transportation". (e) SMART PIGS. — (1) MINIMUM SAFETY STANDARDS.—Section 60102(f) is amended by striking paragraph (1) and inserting the following: "(1) MINIMUM SAFETY STANDARDS. —The Secretary shall prescribe minimum safety standards requiring that— "(A) the design and construction of new natural gas transmission pipeline or hazardous liquid pipeline facilities, and "(B) when the replacement of existing natural gas transmission pipeline or hazardous liquid pipeline facilities or equipment is required, the replacement of such existing facilities be carried out, to the extent practicable, in a manner so as to accommodate the passage through such natural gas trsinsmission pipeline or hazardous liquid pipeline facilities of instrumented internal inspection devices