49 U.S.C. § 60131 : US Code - Section 60131: Verification of pipeline qualification programs

Search 49 U.S.C. § 60131 : US Code - Section 60131: Verification of pipeline qualification programs

(a) In General. - Subject to the requirements of this section,
the Secretary of Transportation shall require the operator of a
pipeline facility to develop and adopt a qualification program to
ensure that the individuals who perform covered tasks are qualified
to conduct such tasks.
(b) Standards and Criteria. -
(1) Development. - Not later than 1 year after the date of
enactment of this section, the Secretary shall ensure that the
Department of Transportation has in place standards and criteria
for qualification programs referred to in subsection (a).
(2) Contents. - The standards and criteria shall include the
following:
(A) The establishment of methods for evaluating the
acceptability of the qualifications of individuals described in
subsection (a).
(B) A requirement that pipeline operators develop and
implement written plans and procedures to qualify individuals
described in subsection (a) to a level found acceptable using
the methods established under subparagraph (A) and evaluate the
abilities of individuals described in subsection (a) according
to such methods.
(C) A requirement that the plans and procedures adopted by a
pipeline operator under subparagraph (B) be reviewed and
verified under subsection (e).
(c) Development of Qualification Programs by Pipeline Operators. -
The Secretary shall require each pipeline operator to develop and
adopt, not later than 2 years after the date of enactment of this
section, a qualification program that complies with the standards
and criteria described in subsection (b).
(d) Elements of Qualification Programs. - A qualification program
adopted by an operator under subsection (a) shall include, at a
minimum, the following elements:
(1) A method for examining or testing the qualifications of
individuals described in subsection (a). The method may include
written examination, oral examination, observation during on-the-
job performance, on-the-job training, simulations, and other
forms of assessment. The method may not be limited to observation
of on-the-job performance, except with respect to tasks for which
the Secretary has determined that such observation is the best
method of examining or testing qualifications. The Secretary
shall ensure that the results of any such observations are
documented in writing.
(2) A requirement that the operator complete the qualification
of all individuals described in subsection (a) not later than 18
months after the date of adoption of the qualification program.
(3) A periodic requalification component that provides for
examination or testing of individuals in accordance with
paragraph (1).
(4) A program to provide training, as appropriate, to ensure
that individuals performing covered tasks have the necessary
knowledge and skills to perform the tasks in a manner that
ensures the safe operation of pipeline facilities.
(e) Review and Verification of Programs. -
(1) In general. - The Secretary shall review the qualification
program of each pipeline operator and verify its compliance with
the standards and criteria described in subsection (b) and that
it includes the elements described in subsection (d). The
Secretary shall record the results of that review for use in the
next review of an operator's program.
(2) Deadline for completion. - Reviews and verifications under
this subsection shall be completed not later than 3 years after
the date of the enactment of this section.
(3) Inadequate programs. - If the Secretary decides that a
qualification program is inadequate for the safe operation of a
pipeline facility, the Secretary shall act as under section
60108(a)(2) to require the operator to revise the qualification
program.
(4) Program modifications. - If the operator of a pipeline
facility significantly modifies a program that has been verified
under this subsection, the operator shall notify the Secretary of
the modifications. The Secretary shall review and verify such
modifications in accordance with paragraph (1).
(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 pipeline safety.
(6) Inaction by the secretary. - Notwithstanding any failure of
the Secretary to prescribe standards and criteria as described in
subsection (b), an operator of a pipeline facility 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 enactment
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.