
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.
    (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.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
60115(a)..............................  49 App.:1673(a) (1st sentence).  Aug. 1
2, 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. 3
0, 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. 1
2, 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. 3
0, 1979, Pub. L. 96-129, Secs.
                                                                          202(1
0), 204(c), 93 Stat. 1004, 1006.
                                        49 App.:2003(a) (last sentence
                                         words after colon).
60115(c)..............................  49 App.:1673(b) (1st-5th         Aug. 1
2, 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. 3
0, 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 S
tat. 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. 1
2, 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).
-------------------------------------------------------------------------------
---------------------------------

    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.

                       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.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-304, Sec. 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, Sec. 10(b)(1), (2), inserted 
before period at end ``or risk management principles''.
    Subsec. (b)(3)(B). Pub. L. 104-304, Sec. 10(b)(3), substituted ``5'' 
for ``4''.
    Subsec. (b)(3)(C). Pub. L. 104-304, Sec. 10(b)(4), substituted ``5'' 
for ``6''.
    Subsec. (b)(4)(B). Pub. L. 104-304, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 10(d), substituted ``up to 4 
times'' for ``twice''.
    Subsec. (f). Pub. L. 104-304, Sec. 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''.


                    Effective Date of 1995 Amendment

    Amendment 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 701 of 
this title.
