Page:United States Statutes at Large Volume 102 Part 3.djvu/856

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2808 Law

PUBLIC LAW 100-561—OCT. 31, 1988 "(3) DESTRUCTION OF SIGNS OR MARKERS.—Any person who

enforcement and

willfully and knowingly defaces, damages, removes, or destroys

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any pipeline sign o r right-of-way m a r k e r required by Federal

law or regulation shall, upon conviction, be subject, for each offense, to a fine of not more than $5,000, imprisonment for a term not to exceed 1 year, or both.". SEC. 108. ADDITIONAL INSPECTION AND TESTING.

(a) INSPECTION AND TESTING.—Section 13 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1680) is amended— (1) by inserting "(a) PIPELINE OPERATOR'S RESPONSIBILITIES.—"

before "Each person who engages"; and (2) by adding at the end the following new subsection: "(b) SECRETARY'S RESPONSIBIUTIES.—

"(1) IN GENERAL.—The Secretary shall inspect and, as appropriate, shall require testing of pipeline facilities subject to this Act and not covered by an agreement or certification under section 5 to ensure the safety of such pipeline facilities. To the extent and in such amounts as are provided in advance by appropriation Acts, such inspections shall be at intervals determined under paragraph (2) but no less frequently than once every 2 years thereafter; except that the Secretary may reduce the frequency of such inspections with respect to master meter systems. Such inspections shall begin as soon as feasible, but in no event more than 1 year after the date of the enactment of this subsection. Such testing shall be performed using the most appropriate technology practicable. "(2) CRITERIA FOR FREQUENCY AND TYPE.—The frequency and

type of inspection and testing under this subsection shall be determined by the Secretary on a case-by-case basis after consideration of the following factors: "(A) The location of the pipeline facilities. "(B) The type, size, age, manufacturer, method of construction, and condition of the pipeline facilities. "(C) The nature and volume of the materials transported through the pipeline facilities and the pressure at which they are transported. "(D) The climatic, geologic, and seismic characteristics of, and conditions (including soil characteristics) associated with the areas in which the pipeline facilities are located, and the existing and projected population and demographic characteristics associated with such areas. "(E) The frequency of leaks, if any. "(F) Any other factors determined by the Secretary to be relevant to the safety of pipeline facilities.". (b) INSTRUMENTED INTERNAL INSPECTION DEVICES.—Section 3 of

such Act (49 U.S.C. App. 1672) is amended by adding at the end the following new subsection: Regulations.

"(g) INSTRUMENTED INTERNAL INSPECTION DEVICES.—The Secretary

shall, by regulation, establish minimum Federal safety standards requiring that— "(1) the design and construction of new transmission facilities, and "(2) when replacement of existing transmission facilities or equipment is required, the replacement of such existing facilities,