Page:United States Statutes at Large Volume 116 Part 4.djvu/573

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PUBLIC LAW 107-355—DEC. 17, 2002 116 STAT. 3001 "(5) WAIVERS AND MODIFICATIONS.— In accordance with section 60118(c), the Secretary may waive or modify any requirement of this section if the waiver or modification is not inconsistent with pipeUne safety. "(6) INACTION BY THE SECRETARY.— Notwithstanding any Deadline, failure of the Secretary to prescribe standards and criteria as described in subsection (b), an operator of a pipehne faciHty shall develop and adopt a qualification program that complies with the requirement of subsection (b)(2)(B) and includes the elements described in subsection (d) not later than 2 years after the date of enactment of this section. "(f) INTRASTATE PIPELINE FACILITIES.—In the case of an intrastate pipeline facility operator, the duties and powers of the Secretary under this section with respect to the qualification program of the operator shall be vested in the appropriate State regulatory agency, consistent with this chapter. "(g) COVERED TASK DEFINED. —In this section, the term 'covered task'— "(1) with respect to a gas pipeline facility, has the meaning such term has under section 192.801 of title 49, Code of Federal Regulations, including any subsequent modifications; and "(2) with respect to a hazardous liquid pipeline facility, has the meaning such term has under section 195.501 of such title, including any subsequent modifications. "(h) REPORT. — Not later than 4 years after the date of enact- Deadline, ment of this section, the Secretary shall transmit to Congress a report on the status and results to date of the personnel qualification regulations issued under this chapter.". (2) CONFORMING AMENDMENT.— The analysis for chapter 601 is amended by adding at end the following: "60131. Verification of pipeline qualification programs.". (b) PILOT PROGRAM FOR CERTIFICATION OF CERTAIN PIPELINE 49 USC 6013I WORKERS. — note. (1) IN GENERAL.—Not later than 36 months after the date Deadline. of enactment of this Act, the Secretary of Transportation shall— (A) develop tests and other requirements for certifying the qualifications of individuals who operate computerbased systems for controlling the operations of pipelines; and (B) establish and carry out a pilot program for 3 pipeline facilities under which the individuals operating computer-based systems for controlling the operations of pipelines at such facilities are required to be certified under the process established under subparagraph (A). (2) REPORT. — The Secretary shall include in the report required under section 60131(h), as added by subsection (a) of this section, the results of the pilot program. The report shall include— (A) a description of the pilot program and implementation of the pilot program at each of the 3 pipeline facilities; (B) an evaluation of the pilot program, including the effectiveness of the process for certifying individuals who operate computer-based systems for controlling the operations of pipelines; (C) any recommendations of the Secretary for requiring the certification of all individuals who operate computer-