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49 U.S.C. § 60115 — Technical safety standards committees

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 992 words · no verdicts yet

in plain englishAI-generated · not legal advice

Two technical committees review proposed pipeline safety standards for gas and hazardous liquid pipelines. Each committee has 15 members: five from government, five from industry, and five from the public. The Secretary must consider their reports but isn't bound to follow their conclusions.

(a) Organization. The Technical Pipeline Safety Standards Committee and the Technical Hazardous Liquid Pipeline Safety Standards Committee are Department of Transportation committees that act as peer-review bodies for this chapter. Reviews these committees do count as meeting any peer-review requirement under federal risk-assessment and peer-review laws, including ones passed after the Accountable Pipeline Safety and Partnership Act of 1996.

(b) Composition and Appointment.
(1) The gas committee has 15 members the Secretary appoints after consulting public and private groups involved in gas transport or gas pipeline technology. Each member must either have experience regulating gas transport and gas pipeline safety, or be technically qualified — through training, experience, or knowledge in at least one relevant engineering field — to evaluate gas pipeline safety standards or risk management.
(2) The hazardous-liquid committee works the same way, with 15 members qualified in hazardous-liquid transport and pipeline safety instead.
(3) Each committee's 15 members break down as: (A) 5 from federal or state government agencies; (B) 5 from the relevant industry, chosen after consulting industry representatives; and (C) 5 from the general public.
(4) (A) Two of the government members on each committee must be state officials, chosen after the Secretary consults national organizations representing state regulators. (B) At least 3 of the industry members on each committee must currently be actively running gas or hazardous-liquid pipelines, and at least 1 must have education, background, or experience in risk assessment and cost-benefit analysis; the Secretary must consult national pipeline-owner organizations before choosing them. (C) Two of the public members on each committee must have education, background, or experience in environmental protection or public safety; at least 1 must have risk-assessment and cost-benefit experience; and at least 1 public member cannot have a financial stake in the pipeline, petroleum, or natural gas industries. (D) In fact, none of the public members may have a significant financial interest in the pipeline, petroleum, or gas industry.
(5) Within 90 days of the PIPES Act of 2016, the Secretary had to fill every vacancy on both committees, and on any other committee set up under this section. After that, the Secretary must fill any future vacancy within 60 days.

(c) Committee Reports on Proposed Standards.
(1) The Secretary must send each proposed standard — along with the risk-assessment information and analysis behind it — to the matching committee: gas standards to the gas committee, hazardous-liquid standards to the hazardous-liquid committee.
(2) Within 90 days of getting the proposal, the committee must report back to the Secretary on whether the standard is technically feasible, reasonable, cost-effective, and practical, and recommend any actions. The Secretary must publish that report, including any recommended actions and any dissenting views. A timely report becomes part of the official process for making the standard. The Secretary isn't required to follow the committee's conclusions — but if the Secretary rejects them, the Secretary must publish the reasons why.
(3) The Secretary may finalize a standard after the 90-day period ends, whether or not the committee has reported.

(d) Proposed Committee Standards and Policy Development Recommendations.
(1) Each committee may propose its own safety standard to the Secretary, within its subject area.
(2) If the Secretary asks, a committee must also give policy development recommendations.

(e) Meetings. Each committee must meet with the Secretary up to 4 times a year. Every committee proceeding must be recorded, and that record must be available to the public.

(f) Expenses. Committee members get expenses under section 5703 of title 5. Getting paid this way doesn't make a member a government officer or employee. This doesn't apply to members who are already regularly employed by the government.

the actual law source: uscode.house.gov ↗public domain
(a)Organization.—

The Technical Pipeline Safety Standards Committee and the Technical Hazardous Liquid Pipeline Safety Standards Committee are committees in the Department of Transportation. The committees referred to in the preceding sentence shall serve as peer review committees for carrying out this chapter. Peer reviews conducted by the committees shall be treated for purposes of all Federal laws relating to risk assessment and peer review (including laws that take effect after the date of the enactment of the Accountable Pipeline Safety and Partnership Act of 1996) as meeting any peer review requirements of such laws.

(b)Composition and Appointment.—
(1)

The Technical Pipeline Safety Standards Committee is composed of 15 members appointed by the Secretary of Transportation after consulting with public and private agencies concerned with the technical aspect of transporting gas or operating a gas pipeline facility. Each member must be experienced in the safety regulation of transporting gas and of gas pipeline facilities or technically qualified, by training, experience, or knowledge in at least one field of engineering applicable to transporting gas or operating a gas pipeline facility, to evaluate gas pipeline safety standards or risk management principles.

(2)

The Technical Hazardous Liquid Pipeline Safety Standards Committee is composed of 15 members appointed by the Secretary after consulting with public and private agencies concerned with the technical aspect of transporting hazardous liquid or operating a hazardous liquid pipeline facility. Each member must be experienced in the safety regulation of transporting hazardous liquid and of hazardous liquid pipeline facilities or technically qualified, by training, experience, or knowledge in at least one field of engineering applicable to transporting hazardous liquid or operating a hazardous liquid pipeline facility, to evaluate hazardous liquid pipeline safety standards or risk management principles.

(3)

The members of each committee are appointed as follows:

(A)

5 individuals selected from departments, agencies, and instrumentalities of the United States Government and of the States.

(B)

5 individuals selected from the natural gas or hazardous liquid industry, as appropriate, after consulting with industry representatives.

(C)

5 individuals selected from the general public.

(4)
(A)

Two of the individuals selected for each committee under paragraph (3)(A) of this subsection must be State officials. The Secretary shall consult with national organizations representing State commissioners or utility regulators before making a selection under this subparagraph.

(B)

At least 3 of the individuals selected for each committee under paragraph (3)(B) of this subsection must be currently in the active operation of natural gas pipelines or hazardous liquid pipeline facilities, as appropriate. At least 1 of the individuals selected for each committee under paragraph (3)(B) shall have education, background, or experience in risk assessment and cost-benefit analysis. The Secretary shall consult with the national organizations representing the owners and operators of pipeline facilities before selecting individuals under paragraph (3)(B).

(C)

Two of the individuals selected for each committee under paragraph (3)(C) of this subsection must have education, background, or experience in environmental protection or public safety. At least 1 of the individuals selected for each committee under paragraph (3)(C) shall have education, background, or experience in risk assessment and cost-benefit analysis. At least one individual selected for each committee under paragraph (3)(C) may not have a financial interest in the pipeline, petroleum, or natural gas industries.

(D)

None of the individuals selected for a committee under paragraph (3)(C) may have a significant financial interest in the pipeline, petroleum, or gas industry.

(5)

Within 90 days of the date of enactment of the PIPES Act of 2016, the Secretary shall fill all vacancies on the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, and any other committee established pursuant to this section. After that period, the Secretary shall fill a vacancy on any such committee not later than 60 days after the vacancy occurs.

(c)Committee Reports on Proposed Standards.—
(1)

The Secretary shall give to—

(A)

the Technical Pipeline Safety Standards Committee each standard proposed under this chapter for transporting gas and for gas pipeline facilities including the risk assessment information and other analyses supporting each proposed standard; and

(B)

the Technical Hazardous Liquid Pipeline Safety Standards Committee each standard proposed under this chapter for transporting hazardous liquid and for hazardous liquid pipeline facilities including the risk assessment information and other analyses supporting each proposed standard.

(2)

Not later than 90 days after receiving the proposed standard and supporting analyses, the appropriate committee shall prepare and submit to the Secretary a report on the technical feasibility, reasonableness, cost-effectiveness, and practicability of the proposed standard and include in the report recommended actions. The Secretary shall publish each report, including any recommended actions and minority views. The report if timely made is part of the proceeding for prescribing the standard. The Secretary is not bound by the conclusions of the committee. However, if the Secretary rejects the conclusions of the committee, the Secretary shall publish the reasons.

(3)

The Secretary may prescribe a standard after the end of the 90-day period.

(d)Proposed Committee Standards and Policy Development Recommendations.—
(1)

The Technical Pipeline Safety Standards Committee may propose to the Secretary a safety standard for transporting gas and for gas pipeline facilities. The Technical Hazardous Liquid Pipeline Safety Standards Committee may propose to the Secretary a safety standard for transporting hazardous liquid and for hazardous liquid pipeline facilities.

(2)

If requested by the Secretary, a committee shall make policy development recommendations to the Secretary.

(e)Meetings.—

Each committee shall meet with the Secretary at least up to 4 times annually. Each committee proceeding shall be recorded. The record of the proceeding shall be available to the public.

(f)Expenses.—

A member of a committee under this section is entitled to expenses under section 5703 of title 5. A payment under this subsection does not make a member an officer or employee of the Government. This subsection does not apply to members regularly employed by the Government.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1319; Pub. L. 104–88, title III, § 308(m), Dec. 29, 1995, 109 Stat. 948; Pub. L. 104–304, § 10, Oct. 12, 1996, 110 Stat. 3801; Pub. L. 107–355, § 20(b), Dec. 17, 2002, 116 Stat. 3010; Pub. L. 114–183, § 6, June 22, 2016, 130 Stat. 518.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1319
  • 1995Amended · Pub. L. 104-88 · 109 Stat. 948
  • 1996Amended · Pub. L. 104-304 · 110 Stat. 3801
  • 2002Amended · Pub. L. 107-355 · 116 Stat. 3010
  • 2016Amended · Pub. L. 114-183 · 130 Stat. 518

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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