§60115 — Title 49 Transportation | U.S. Code

Summary

Creates two 15-member technical committees in the Department of Transportation: one for gas pipelines and one for hazardous liquid pipelines. These committees must act as peer reviewers for pipeline safety rules, and their reviews count as meeting federal peer-review and risk-assessment rules, including laws that took effect after the Accountable Pipeline Safety and Partnership Act of 1996. Each committee has 5 members from federal or state agencies, 5 from the industry, and 5 from the public. Of the government picks, 2 must be State officials and the Secretary must consult national groups that represent state regulators before naming them. Of the industry picks, at least 3 must be active pipeline operators and at least 1 must have training or experience in risk assessment and cost-benefit analysis; the Secretary must consult national owner/operator groups. Of the public picks, 2 must have background in environmental protection or public safety, at least 1 must have risk-assessment or cost-benefit experience, at least one must have no financial interest in the pipeline or oil and gas industries, and none may have a significant financial interest in those industries. The Secretary must fill all committee vacancies within 90 days after the PIPES Act of 2016 took effect, and later must fill any vacancy within 60 days. Before issuing a proposed safety standard, the Secretary must give the proposal and its risk analyses to the right committee. The committee has 90 days to report on technical feasibility, reasonableness, cost-effectiveness, and practicability and to recommend actions; the report and any minority views must be published. The Secretary can still decide differently but must publish reasons for rejecting the committee’s conclusions. Each committee may also propose standards and advise on policy if asked. Committees must meet with the Secretary (up to 4 times a year), record the meetings, make the records public, and members may be paid expenses under section 5703 of title 5 (without becoming federal employees).

Title 49, §60115

Transportation — Source: USLM XML via OLRC

(a)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)(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.

(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)(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)(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)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 60115(a)49 App.:1673(a) (1st sentence).Aug. 12, 1968, Pub. L. 90–481, § 4(a), 82 Stat. 722; Nov. 30, 1979, Pub. L. 96–129, § 102(a), 93 Stat. 991; Oct. 24, 1992, Pub. L. 102–508, § 105(1), 106 Stat. 3293. 49 App.:2003(a) (1st sentence).Nov. 30, 1979, Pub. L. 96–129, § 204(a), 93 Stat. 1005; Oct. 24, 1992, Pub. L. 102–508, § 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, § 2(7), 82 Stat. 720; Nov. 30, 1979, Pub. L. 96–129, § 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, §§ 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 sentences).Aug. 12, 1968, Pub. L. 90–481, § 4(b), 82 Stat. 722; Nov. 30, 1979, Pub. L. 96–129, § 102(b), 93 Stat. 991; Jan. 14, 1983, Pub. L. 97–468, § 101 (related to § 4(b)), 96 Stat. 2543; Oct. 24, 1992, Pub. L. 102–508, § 105(2), 106 Stat. 3293. 49 App.:2003(b) (1st–5th sentences).Nov. 30, 1979, Pub. L. 96–129, § 204(b), 93 Stat. 1006; Jan. 14, 1983, Pub. L. 97–468, § 101 (related to § 204(b)), 96 Stat. 2543; Oct. 24, 1992, Pub. L. 102–508, § 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, § 4(c), 82 Stat. 722; Nov. 30, 1979, Pub. L. 96–129, § 102(c), 93 Stat. 991. 49 App.:2003(c). 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), the words “final . . . or a final amendment to a standard at any time” are omitted as surplus. The words “the end of the 90-day period” are substituted for “the 90th day after its submission to the Committee, whether or not the Committee has reported on such standard or amendment” to eliminate unnecessary words. In subsection (d), the words “for his consideration” are omitted as surplus. In subsection (e), the words “(or his designee)” are omitted as surplus because of 49:322(b). The words “at least” are substituted for “not less frequently than” to eliminate unnecessary words. The word “calendar” is omitted as surplus. In subsection (f), the words “The Secretary may establish the pay” are substituted for “may be compensated at a rate to be fixed by the Secretary” for consistency and to eliminate unnecessary words. The words “of the Committee” after “Members”, “actual”, and “then currently” are omitted as surplus. The reference to section 5376 of title 5 is substituted for the reference to section 5332 of title 5 because of section 529 of the Treasury, Postal Service and General Government Appropriations Act, 1991 (Public Law 101–509, 104 Stat. 1442). The words “A member is entitled to expenses under section 5703 of title 5” are substituted for 49 App.:1673(c) (2d sentence) and 2003(c) (2d sentence) to eliminate unnecessary words. The words “for any purpose” are omitted as surplus. The words “This subsection does not apply to members regularly employed by the Government” are substituted for “other than Federal employees” for clarity.

Editorial Notes

References in Text

The date of the enactment of the Accountable Pipeline Safety and Partnership Act of 1996, referred to in subsec. (a), is the date of enactment of Pub. L. 104–304, which was approved Oct. 12, 1996. The date of enactment of the PIPES Act of 2016, referred to in subsec. (b)(5), is the date of enactment of Pub. L. 114–183, which was approved June 22, 2016.

Amendments

2016—Subsec. (b)(4)(A). Pub. L. 114–183, § 6(a), substituted “State officials. The Secretary shall consult with national organizations representing State commissioners or utility regulators before making a selection under this subparagraph.” for “State commissioners. The Secretary shall consult with the national organization of State commissions before selecting those 2 individuals.” Subsec. (b)(5). Pub. L. 114–183, § 6(b), added par. (5). 2002—Subsec. (b)(4)(D). Pub. L. 107–355 added subpar. (D). 1996—Subsec. (a). Pub. L. 104–304, § 10(a), inserted at end “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.” Subsec. (b)(1), (2). Pub. L. 104–304, § 10(b)(1), (2), inserted before period at end “or risk management principles”. Subsec. (b)(3)(B). Pub. L. 104–304, § 10(b)(3), substituted “5” for “4”. Subsec. (b)(3)(C). Pub. L. 104–304, § 10(b)(4), substituted “5” for “6”. Subsec. (b)(4)(B). Pub. L. 104–304, § 10(b)(5), inserted at end “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).” Subsec. (b)(4)(C). Pub. L. 104–304, § 10(b)(6), inserted after first sentence “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.” Subsec. (c)(1)(A). Pub. L. 104–304, § 10(c)(1), inserted before semicolon “including the risk assessment information and other analyses supporting each proposed standard”. Subsec. (c)(1)(B). Pub. L. 104–304, § 10(c)(2), inserted before period at end “including the risk assessment information and other analyses supporting each proposed standard”. Subsec. (c)(2). Pub. L. 104–304, § 10(c)(3)–(6), inserted “and supporting analyses” after “receiving the proposed standard”, “and submit to the Secretary” after “prepare”, “cost-effectiveness,” after “reasonableness,”, “and include in the report recommended actions” after “practicability of the proposed standard”, and “any recommended actions and” after “including”. Subsec. (e). Pub. L. 104–304, § 10(d), substituted “up to 4 times” for “twice”. Subsec. (f). Pub. L. 104–304, § 10(e), substituted “Expenses” for “Pay and Expenses” in heading, struck out “The Secretary may establish the pay for each member of a committee for each day (including travel time) when performing duties of the committee. However, a member may not be paid more than the daily equivalent of the maximum annual rate of basic pay payable under section 5376 of title 5.” after heading, and inserted “of a committee under this section” after “A member”. 1995—Subsec. (b)(4)(A). Pub. L. 104–88 struck out “(referred to in section 10344(f) of this title)” after “commissions”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an

Effective Date

note under section 1301 of this title.

§60115 Technical Safety Standards Committees

Summary

Title 49, §60115

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata