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S. 1506 (is) To provide for a reduction in regulatory costs by maintaining Federal average fuel economy standards applicable to automobiles in effect at current levels until changed by law, and for other purposes. [Introduced in Senate] ...


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                                                       Calendar No. 540

104th CONGRESS

  2d Session

                                S. 1505

                          [Report No. 104-334]

_______________________________________________________________________

                                 A BILL

  To reduce risk to public safety and the environment associated with 
 pipeline transportation of natural gas and hazardous liquids, and for 
                            other purposes.

_______________________________________________________________________

                             July 26, 1996

        Reported with an amendment in the nature of a substitute





                                                       Calendar No. 540
104th CONGRESS
  2d Session
                                S. 1505

                          [Report No. 104-334]

  To reduce risk to public safety and the environment associated with 
 pipeline transportation of natural gas and hazardous liquids, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 22, 1995

Mr. Lott (for himself, Mr. Breaux, Mrs. Hutchison, Mr. Exon, Mr. Burns, 
 Mr. Shelby, Mr. Inouye, Mr. Ford, Mr. Cochran, Mr. Frist, Mr. Inhofe, 
Mr. Pressler, Mr. Stevens, Mr. Heflin, and Mr. Johnston) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                             July 26, 1996

    Reported by Mr. Pressler, with an amendment in the nature of a 
                               substitute
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL


 
  To reduce risk to public safety and the environment associated with 
 pipeline transportation of natural gas and hazardous liquids, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Accountable Pipeline Safety 
and Partnership Act of 1995''.</DELETED>

<DELETED> SEC. 2. REFERENCES.</DELETED>

<DELETED>    Except as otherwise expressly provided, whenever in this 
Act an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.</DELETED>

<DELETED> SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    (a) In General.--Section 60101(a) is amended--</DELETED>
        <DELETED>    (1) in each of paragraphs (1) through (22), by 
        striking the period at the end and inserting a 
        semicolon;</DELETED>
        <DELETED>    (2) in paragraph (21), by striking subparagraph 
        (B) and inserting the following:</DELETED>
                <DELETED>    ``(B) does not include the gathering of 
                gas, other than gathering through regulated gathering 
                lines, in those rural locations that are located 
                outside the limits of any incorporated or 
                unincorporated city, town, or village, or any other 
                designated residential or commercial area (including a 
                subdivision, business, shopping center, or community 
                development) or any similar populated area that the 
                Secretary of Transportation determines to be a nonrural 
                area, except that the term `transporting gas' includes 
                the movement of gas through regulated gathering 
                lines;''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(23) `benefits' means the reasonably 
        identifiable or estimated safety, environmental, and economic 
        benefits that are reasonably expected to result directly or 
        indirectly from the implementation of a standard, regulatory 
        requirement, or option;</DELETED>
        <DELETED>    ``(24) `costs' means, with respect to the 
        implementation of, or compliance with, a standard, regulatory 
        requirement, or option, the estimated or actual direct and 
        indirect costs of that implementation or compliance;</DELETED>
        <DELETED>    ``(25) `incremental benefit' or `incremental cost' 
        means the additional estimated benefit or cost that--</DELETED>
                <DELETED>    ``(A) would be caused by a particular 
                action (whether regulatory or nonregulatory) in 
                comparison with other options that may be taken in lieu 
                of that action; and</DELETED>
                <DELETED>    ``(B) is based on quantifiable or 
                qualifiable assessments that use generally available 
                and reasonably obtainable scientific or economic 
                data;</DELETED>
        <DELETED>    ``(26) `risk management' means the systematic 
        application, by the owner or operator of a pipeline facility, 
        of management policies, procedures, finite resources, and 
        practices to the tasks of analyzing, assessing, and minimizing 
        risk in order to protect employees, the general public, the 
        environment, and pipeline facilities;</DELETED>
        <DELETED>    ``(27) `risk management plan' means a management 
        plan utilized by a gas or hazardous liquid pipeline facility 
        owner or operator that encompasses risk management; 
        and</DELETED>
        <DELETED>    ``(28) `Secretary' means--</DELETED>
                <DELETED>    ``(A) the Secretary of Transportation; 
                or</DELETED>
                <DELETED>    ``(B) if applicable, any person to whom 
                the Secretary of Transportation delegates authority 
                with respect to a matter concerned.''.</DELETED>
<DELETED>    (b) Gathering Lines.--Section 60101(b)(2) is amended by 
inserting ``, if appropriate,'' after ``Secretary'' the first place it 
appears.</DELETED>

<DELETED> SEC. 4. GENERAL AUTHORITY.</DELETED>

<DELETED>    (a) Minimum Safety Standards.--Section 60102(a) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking subparagraph (C) 
        and inserting the following:</DELETED>
        <DELETED>    ``(C) shall include a requirement that all 
        individuals who operate and maintain pipeline facilities shall 
        be qualified to operate and maintain the pipeline 
        facilities.''; and</DELETED>
        <DELETED>    (2) by striking paragraph (2) and inserting the 
        following:</DELETED>
<DELETED>    ``(2) The qualifications applicable to an individual who 
operates and maintains a pipeline facility 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. The operator of a pipeline facility shall ensure that employees 
who operate and maintain the facility are qualified to operate and 
maintain the pipeline facilities.''.</DELETED>
<DELETED>    (b) Practicability and Safety Needs Standards.--Section 
60102(b) is amended to read as follows:</DELETED>
<DELETED>    ``(b) Practicability and Safety Needs.--</DELETED>
        <DELETED>    ``(1) In general.--A standard prescribed under 
        subsection (a) shall be--</DELETED>
                <DELETED>    ``(A) practicable; and</DELETED>
                <DELETED>    ``(B) designed to meet the need for--
                </DELETED>
                        <DELETED>    ``(i) gas pipeline 
                        safety;</DELETED>
                        <DELETED>    ``(ii) safely transporting 
                        hazardous liquids; and</DELETED>
                        <DELETED>    ``(iii) protecting the 
                        environment.</DELETED>
        <DELETED>    ``(2) Factors for consideration.--Except as 
        provided in section 60112, when prescribing a standard under 
        this section or section 60101(b), 60103, 60108, 60109, 60110, 
        or 60113, the Secretary shall consider--</DELETED>
                <DELETED>    ``(A) relevant available--</DELETED>
                        <DELETED>    ``(i) gas pipeline safety 
                        information; or</DELETED>
                        <DELETED>    ``(ii) hazardous liquid pipeline 
                        safety and environmental protection 
                        information;</DELETED>
                <DELETED>    ``(B) the appropriateness of the standard 
                for the particular type of pipeline transportation or 
                facility;</DELETED>
                <DELETED>    ``(C) the reasonableness of the 
                standard;</DELETED>
                <DELETED>    ``(D) based on a risk assessment, the 
                extent to which the standard will benefit public safety 
                and the protection of the environment;</DELETED>
                <DELETED>    ``(E) the costs of compliance with the 
                standard;</DELETED>
                <DELETED>    ``(F) comments and information received 
                from the public; and</DELETED>
                <DELETED>    ``(G) the comments and recommendations of 
                the Technical Pipeline Safety Standards Committee 
                described in section 60115 and the Liquid Pipeline 
                Safety Standards Committee described in section 
                60115.</DELETED>
        <DELETED>    ``(3) Risk assessment document.--In prescribing a 
        standard referred to in paragraph (2), the Secretary shall 
        prepare a risk assessment document that--</DELETED>
                <DELETED>    ``(A) identifies the regulatory and 
                nonregulatory options that the Secretary considered in 
                prescribing a proposed standard;</DELETED>
                <DELETED>    ``(B) identifies the incremental costs and 
                incremental benefits with respect to public safety and 
                the protection of the environment that are associated 
                with the proposed standard;</DELETED>
                <DELETED>    ``(C) includes--</DELETED>
                        <DELETED>    ``(i) an explanation of the 
                        reasons for the selection of the proposed 
                        standard in lieu of the other options 
                        identified; and</DELETED>
                        <DELETED>    ``(ii) with respect to each of 
                        those other options, a brief explanation of the 
                        reasons that the Secretary found that option to 
                        be less cost-effective or flexible than the 
                        proposed standard; and</DELETED>
                <DELETED>    ``(D) provides any technical data or other 
                information upon which the risk assessment document and 
                proposed standard is based.</DELETED>
        <DELETED>    ``(4) Review.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall--
                </DELETED>
                        <DELETED>    ``(i) submit each risk assessment 
                        document prepared under this section to the 
                        Technical Pipeline Safety Standards Committee 
                        described in section 60115 or the Hazardous 
                        Liquid Pipeline Safety Standards Committee 
                        described in section 60115, or both, as 
                        appropriate; and</DELETED>
                        <DELETED>    ``(ii) make that document 
                        available to the general public.</DELETED>
                <DELETED>    ``(B) Peer review panels.--The committees 
                referred to in subparagraph (A) shall serve as peer 
                review panels to review risk assessment documents 
                prepared under this section. Not later than 90 days 
                after receiving a risk assessment document for review 
                pursuant to subparagraph (A), each committee that 
                receives that document shall prepare and submit to the 
                Secretary a report that includes--</DELETED>
                        <DELETED>    ``(i) an evaluation of the merit 
                        of the data and methods used in that document; 
                        and</DELETED>
                        <DELETED>    ``(ii) any recommended options 
                        relating to that document and the associated 
                        standard or regulatory requirement that the 
                        committee determines to be 
                        appropriate.</DELETED>
                <DELETED>    ``(C) Review by secretary.--Not later than 
                90 days after receiving a report submitted by a 
                committee under subparagraph (B), the Secretary--
                </DELETED>
                        <DELETED>    ``(i) shall review the 
                        report;</DELETED>
                        <DELETED>    ``(ii) shall provide a written 
                        response to the committee that is the author of 
                        the report concerning all significant peer 
                        review comments and recommended alternatives 
                        contained in the report; and</DELETED>
                        <DELETED>    ``(iii) may revise the risk 
                        assessment and the proposed standard or 
                        regulatory requirement before promulgating the 
                        final standard or requirement.</DELETED>
        <DELETED>    ``(5) Incremental benefits and costs.--Before 
        issuing a final standard that is subject to the requirements 
        contained in paragraphs (1) and (2), the Secretary shall 
        certify that the incremental benefits of the final standard 
        will likely justify, and be reasonably related to, the 
        incremental costs incurred by the Federal Government and State, 
        local, and tribal governments and any other public entity, and 
        the private sector.</DELETED>
        <DELETED>    ``(6) Emergencies.--In the case of an emergency 
        that meets the criteria described in section 60112(e), the 
        Secretary may suspend the application of this section for the 
        duration of the emergency.</DELETED>
        <DELETED>    ``(7) Report.--Not later than March 31, 1999, the 
        Secretary shall transmit to the Congress a report that--
        </DELETED>
                <DELETED>    ``(A) describes the implementation of the 
                risk assessment requirements of this section, including 
                the extent to which those requirements have improved 
                regulatory decision making; and</DELETED>
                <DELETED>    ``(B) includes any recommendations that 
                the Secretary determines would make the risk 
                assessments conducted pursuant to the requirements 
                under this chapter a more effective means of assessing 

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