49 U.S.C. § 60115 : US Code - Section 60115: Technical safety standards committees

Search 49 U.S.C. § 60115 : US Code - Section 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.