[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60115]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 60115. Technical safety standards committees
(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 commissioners. The
Secretary shall consult with the national organization of State
commissions before selecting those 2 individuals.
(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.
(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.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1319; Pub. L. 104-
88, title III, Sec. 308(m), Dec. 29, 1995, 109 Stat. 948; Pub. L. 104-
304, Sec. 10, Oct. 12, 1996, 110 Stat. 3801; Pub. L. 107-355,
Sec. 20(b), Dec. 17, 2002, 116 Stat. 3010.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
60115(a).............................. 49 App.:1673(a) (1st sentence). Aug. 12, 1968, Pub. L. 90-481, Sec.
4(a), 82 Stat. 722; Nov. 30, 1979,
Pub. L. 96-129, Sec. 102(a), 93 Stat.
991; Oct. 24, 1992, Pub. L. 102-508,
Sec. 105(1), 106 Stat. 3293.
49 App.:2003(a) (1st sentence). Nov. 30, 1979, Pub. L. 96-129, Sec.
204(a), 93 Stat. 1005; Oct. 24, 1992,
Pub. L. 102-508, Sec. 204(1), 106
Stat. 3301.
60115(b)(1)........................... 49 App.:1673(a) (last sentence
words before colon).
60115(b)(2)........................... 49 App.:2003(a) (last sentence
words before colon).
60115(b)(3), (4)...................... 49 App.:1671(7). Aug. 12, 1968, Pub. L. 90-481, Sec.
2(7), 82 Stat. 720; Nov. 30, 1979,
Pub. L. 96-129, Sec. 109(a), 93 Stat.
996.
49 App.:1673(a) (last sentence
words after colon).
49 App.:2001(10). Nov. 30, 1979, Pub. L. 96-129, Secs.
202(10), 204(c), 93 Stat. 1004, 1006.
49 App.:2003(a) (last sentence
words after colon).
60115(c).............................. 49 App.:1673(b) (1st-5th Aug. 12, 1968, Pub. L. 90-481, Sec.
sentences). 4(b), 82 Stat. 722; Nov. 30, 1979,
Pub. L. 96-129, Sec. 102(b), 93 Stat.
991; Jan. 14, 1983, Pub. L. 97-468,
Sec. 101 (related to Sec. 4(b)), 96
Stat. 2543; Oct. 24, 1992, Pub. L. 102-
508, Sec. 105(2), 106 Stat. 3293.
49 App.:2003(b) (1st-5th Nov. 30, 1979, Pub. L. 96-129, Sec.
sentences). 204(b), 93 Stat. 1006; Jan. 14, 1983,
Pub. L. 97-468, Sec. 101 (related to
Sec. 204(b)), 96 Stat. 2543; Oct. 24,
1992, Pub. L. 102-508, Sec. 204(2),
106 Stat. 3302.
60115(d).............................. 49 App.:1673(b) (6th sentence).
49 App.:2003(b) (6th sentence).
60115(e).............................. 49 App.:1673(b) (7th, last
sentences).
49 App.:2003(b) (7th, last
sentences).
60115(f).............................. 49 App.:1673(c). Aug. 12, 1968, Pub. L. 90-481, Sec.
4(c), 82 Stat. 722; Nov. 30, 1979,
Pub. L. 96-129, Sec. 102(c), 93 Stat.
991.
49 App.:2003(c).
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In subsection (a), the words ``Not later than 12 months after
November 30, 1979'' and ``and appoint the initial members of the
Committee'' in 49 App.:2003(a) (1st sentence) are omitted as executed.
In subsection (b)(3)(A)-(C), the word ``individuals'' is substituted
for ``members'' for consistency.
In subsection (b)(3)(A), the words ``departments, agencies, and
instrumentalities of the United States Government and of the States''
are substituted for ``governmental agencies, including State and Federal
Governments'' for consistency in the revised title and with other titles
of the United States Code.
In subsection (b)(3)(B), the words ``as appropriate'' are added
because of the restatement.
In subsection (b)(4), the words ``representatives of'' are omitted
as surplus. The words ``section 10344(f) of this title'' are substituted
for ``subchapter III of chapter 103 of title 49'' for clarity.
In subsection (c)(1)(A) and (B), the words ``or any proposed
amendment to a standard under this chapter, for its consideration'' are
omitted as surplus.
In subsection (c)(1)(B), the words ``After the Committee has been
established and its members appointed'' in 49 App.:2003(b) are omitted
as executed.
In subsection (c)(2), the words ``or amendment'', ``by the
Committee'', ``of the majority'', and ``for rejection thereof'' are
omitted as surplus.
In subsection (c)(3)
