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(a)Liaison activities required. Each operator of a hazardous liquid or carbon dioxide pipeline or pipeline facilities or the operator's designated representative shall communicate and conduct liaison activities on an annual basis with fire, police, and other appropriate public emergency response officials. The liaison activities are those required by 49 CFR Part 195.402(c)(12). These liaison activities shall be conducted in person, except as provided by this section. (b)Meetings in person. The operator or the operator's representative may conduct required community liaison activities as provided by subsection (c) of this section only if the operator or the operator's representative has completed one of the following efforts to conduct a community liaison meeting in person with the officials: (1)mailing a written request for a meeting in person to the appropriate officials by certified mail, return receipt requested; (2)sending a request for a meeting in person to the appropriate officials by facsimile transmission; or (3)making one or more telephone calls or e-mail message transmissions to the appropriate officials to request a meeting in person. (4)At any time the operator or operator's representative makes contact with the appropriate officials and schedules a meeting in person, no further attempts to make contact under this section are necessary. However, if a scheduled meeting does not take place, the operator or operator's representative shall make an effort to re-schedule the community liaison meeting in person with the officials using one of the methods in paragraphs (1)-(3) of this subsection before proceeding to arrange a conference call pursuant to subsection (c) of this section. (c)Conference call. If the operator or operator's representative cannot arrange a meeting in person after complying with subsection (b) of this section, the operator or the operator's representative shall make one of the following efforts to conduct community liaison activities by means of a telephone conference call with the officials: (1)mailing a written request for a telephone conference to the appropriate officials by certified mail, return receipt requested; (2)sending a request for a telephone conference to the appropriate officials by facsimile transmission; or (3)making one or more telephone calls or e-mail message transmissions to the appropriate officials to request a telephone conference. (4)At any time the operator makes contact with the appropriate officials and schedules a telephone conference call, no further attempts to make contact under this section are necessary. However, if a scheduled telephone conference call does not take place, the operator or operator's representative shall make an effort to re-schedule the telephone conference call with the officials using one of the methods in paragraphs (1)-(3) of this subsection before proceeding to mail the liaison information pursuant to subsection (d) of this section. (d)Mailing liaison information. If the operator or the operator's representative has made all of the efforts required by subsections (b) and (c) but has not successfully arranged either a meeting in person or a telephone conference, the community liaison information required to be conveyed may be delivered by mailing the information by certified mail, return receipt requested. (e)Records. The operator shall maintain records documenting compliance with the liaison activities required by this section. Records of attendance and acknowledgment of receipt by the emergency response officials shall be retained for five years from the date of the event that is commemorated by the record. Records of certified mail and/or telephone transmissions undertaken in compliance with subsections (b) and (c) of this section satisfy the record-keeping requirements of this subsection.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 8, 2003
TRD-200304138 Mary Ross
McDonald
Deputy General Counsel
Railroad Commission of Texas
Effective date: July 28, 2003
Proposal publication date: March 14, 2003
For further information, please call: (512) 475-1295
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