Sec. 11. Advancement of new pipeline safety technologies and approaches
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Chapter 601 of title 49, United States Code, is further amended by adding at the end the following: The Secretary may establish and carry out limited safety-enhancing testing programs to evaluate innovative technologies and operational practices testing the safe operation of— a natural gas pipeline facility; or a hazardous liquid pipeline facility. Any program established under subsection
(a)shall not be located in a high population area (as defined in section 195.450 of title 49, Code of Federal Regulations). The term of a testing program established under subsection
(a)shall be not more than a period of 4 years beginning on the date of approval of the program. The Secretary shall require, as a condition of approval of a testing program under subsection (a), that the safety measures in the testing program are designed to achieve a level of safety that is greater than, or equivalent to, the level of safety required by this chapter. The Secretary may issue an order under subparagraph
(A)of section 60118(c)(1) to accomplish the purpose of a testing program for a term not to exceed the time period described in subsection
(c)if the condition described in paragraph
(1)is met, as determined by the Secretary. An order under subparagraph
(A)of such section shall pertain only to those regulations that would otherwise prevent the use of the safety technology to be tested under the testing program. In establishing a testing program under subsection (a), the Secretary shall consider— whether the owners or operators participating in the program have a safety management system in place; whether the proposed safety technology has been tested through a research and development program carried out by— the Secretary; collaborative research development organizations; or other institutions; and whether the pipeline segments tested by the program are outside of a high population area (as defined in section 195.450 of title 49, Code of Federal Regulations). As a participant in a testing program established under subsection (a), an operator shall submit to the Secretary detailed findings and a summary of data collected as a result of participation in the testing program. The Secretary shall immediately revoke participation in a testing program under subsection
(a)if— the participant fails to comply with the terms and conditions of the testing program; or in the determination of the Secretary, continued participation in the testing program by the participant would be unsafe or would not be consistent with the goals and objectives of this chapter. The Secretary shall immediately terminate a testing program under subsection
(a)if continuation of the testing program would not be consistent with the goals and objectives of this chapter. Except as provided in paragraph (2), if a State submits to the Secretary notice that the State requests an exemption from any testing program considered for establishment under this section, the State shall be exempt. The Secretary shall not grant a requested exemption under paragraph
(1)after a testing program is established. The Secretary shall not grant a requested exemption under paragraph
(1)if the notice submitted under that paragraph is submitted to the Secretary more than 10 days after the date on which the Secretary issues an order providing an effective date for the testing program. If a State has not submitted a notice requesting an exemption under paragraph (1), the State shall not enforce any law (including regulations) that is inconsistent with a testing program in effect in the State under this section. The Secretary shall publish in the Federal Register a notice of each testing program under subsection (a), including the order to be considered, and provide an opportunity for public comment for not less than 60 days. Not later than the date on which the Secretary issues an order providing an effective date of a testing program noticed under paragraph (1), the Secretary shall respond to each comment submitted under that paragraph. At the conclusion of each testing program, the Secretary shall make publicly available on the website of the Department of Transportation a report containing— the findings and conclusions of the Secretary with respect to the testing program; and any recommendations of the Secretary with respect to the testing program, including any recommendations for amendments to laws (including regulations) and the establishment of standards, that— would enhance the safe operation of interstate gas or hazardous liquid pipeline facilities; and are technically, operationally, and economically feasible. If a report under subsection
(k)indicates that it is practicable to establish technically, operationally, and economically feasible standards for the use of a safety-enhancing technology and any corresponding operational practices tested by the testing program described in the report, the Secretary, as soon as practicable after submission of the report, may promulgate regulations consistent with chapter 5 of title 5 (commonly known as the Administrative Procedures Act ) that— allow operators of interstate gas or hazardous liquid pipeline facilities to use the relevant technology or practice to the extent practicable; and establish technically, operationally, and economically feasible standards for the capability and deployment of the technology or practice. . The table of sections for chapter 601 of title 49, United States Code, is further amended by adding at the end the following: 60143. Pipeline safety technology testing programs. .