49 U.S.C. § 60142 — Pipeline safety enhancement programs

(a) In General — The Secretary may set up limited safety-enhancing testing programs to evaluate new technologies and operating practices for safely running (1) a natural gas pipeline facility, or (2) a hazardous liquid pipeline facility. (b) Limitations. (1) In general — Testing programs together can't cover more than (A) 5 percent of total hazardous liquid pipeline miles in the U.S. regulated by PHMSA or by a state authority under section 60105 or 60106, and (B) 5 percent of total natural gas pipeline miles regulated the same way. (2) Operator mileage limitation — For each program, the Secretary must limit a single operator's testable miles to the lesser of (A) 38 percent of that operator's regulated pipeline miles, or (B) 1,000 miles. (3) Prohibited areas — No program may be located in (A) a "high population area" (49 CFR § 195.450 or successor), (B) a "high consequence area" (49 CFR § 192.903 or successor), or (C) an "unusually sensitive area" as described in section 60109(a)(1)(B)(ii) and subsection (b) of that section. (4) High consequence areas for hazardous liquid pipelines. (A) In general — Within 1 year, the Secretary must report to Congress on the costs and benefits of banning testing of hazardous liquid pipelines in high consequence areas (49 CFR § 195.450 or successor). (B) Contents of report — That report must cover (i) the safety benefits of allowing testing in those areas, and (ii) whether additional testing conditions are needed to protect them during a program. (c) Duration. (1) In general — Each testing program can run no longer than 3 years from its approval date. (2) Requirement — The Secretary can't set up any new program more than 3 years after this section's enactment. (d) Safety Standards. (1) In general — As a condition of approving a program, the Secretary must require its safety measures to aim for a safety level higher than what this chapter otherwise requires. (2) Determination — (A) The Secretary may issue a special order under section 60118(c)(1)(A) letting a program run for up to the time allowed in subsection (c), if that higher-safety condition is met. (B) That order may only cover regulations that would otherwise block use of the technology being tested. (3) Increased safety capabilities — Improving the reliability, accuracy, durability, or certainty of pipeline safety technologies, techniques, or methods counts as meeting the higher-safety requirement. (e) Considerations — In setting up a program, the Secretary must weigh (1) the accident and incident record of participating owners or operators; (2)(A) whether they have a safety management system, and (B) how it would reduce safety and environmental risks during the program; and (3) whether the proposed technology has already been tested through research and development by (A) the Secretary, (B) collaborative research organizations, or (C) other institutions. (f) Data and Findings. (1) In general — Each participating owner or operator must submit detailed findings and a data summary from the program to the Secretary. (2) Public report — The Secretary must post an annual public report on DOT's website summarizing each ongoing program's progress. (g) Authority to Revoke Participation — The Secretary must immediately revoke a participant's role if (1)(A) it had an accident or incident causing death or hospitalization, and (B) the program caused or contributed to it; (2) it broke the program's terms and conditions; or (3) the Secretary decides continued participation would be unsafe or inconsistent with this chapter's goals. (h) Authority to Terminate Program — The Secretary must immediately end a program if continuing it would be inconsistent with this chapter's goals. (i) State Rights. (1) Exemption — Except as paragraph (2) limits, a state that notifies the Secretary it wants to opt out of a proposed program gets that exemption. (2) Limitations — (A) The Secretary can't grant this exemption after a program is already established. (B) The Secretary can't grant it if the state's notice comes more than 30 days after the Secretary sets the program's effective date under subsection (j). (3) Effect — If a state hasn't requested an exemption, it can't enforce any law that conflicts with a testing program running in that state. (j) Program Review Process and Public Notice. (1) In general — The Secretary must publish notice of each proposed program in the Federal Register and send it directly to each relevant state and each state authority certified under section 60105, including the order under consideration, and allow at least 90 days for public comment. (2) Response from secretary — By the date the Secretary sets a program's effective date, the Secretary must (A) publish the order in the Federal Register, and (B) respond to every comment received. (k) Report to Congress — When each testing program ends, the Secretary must post a public report on DOT's website with (1) findings and conclusions about the program, and (2) any recommendations — including changes to laws or regulations and new standards — that (A) would improve safe operation of interstate gas or hazardous liquid pipelines, and (B) are technically, operationally, and economically workable. (l) Standards — If a report under subsection (k) shows it's practical to set workable standards for a tested technology or practice, the Secretary may, as soon as practical after submitting the report, issue regulations (following the Administrative Procedure Act) that (1) let operators use the technology or practice as far as practical, and (2) set workable standards for its capability and deployment.