Page:United States Statutes at Large Volume 112 Part 1.djvu/429

 PUBLIC LAW 105-178-JUNE 9, 1998 112 STAT. 403 "(2) PROGRAM ELEMENTS. —In proposing a pilot program and before granting exemptions for purposes of a pilot program, the Secretary shall require, as a condition of approval of the project, that the safety measures in the project are designed to achieve a level of safety that is equivalent to, or greater than, the level of safety that would otherwise be achieved through compliance with the regulations prescribed under this chapter or section 31136. The Secretary shall include, at a minimum, the following elements in each pilot program plan: "(A) A scheduled life of each pilot program of not more than 3 years. "(B) A specific data collection and safety analysis plan that identifies a method for comparison. "(C) A reasonable number of participants necessary to yield statistically valid findings. "(D) An oversight plan to ensure that participants comply with the terms and conditions of participation. "(E) Adequate countermeasures to protect the health and safety of study participants and the general public. "(F) A plan to inform State partners and the public about the pilot program and to identify approved participants to safety compliance and enforcement personnel and to the public. " (3) AUTHORITY TO REVOKE PARTICIPATION. —The Secretary shall immediately revoke participation in a pilot program of a motor carrier, commercial motor vehicle, or driver for failure to comply with the terms and conditions of the pilot program or if continued participation would not be consistent with the goals and objectives of this chapter or section 31136, as the case may be. "(4) AUTHORITY TO TERMINATE PROGRAM. —The Secretary shall immediately terminate a pilot program if its continuation would not be consistent with the goals and objectives of this chapter or section 31136, as the case may be. "(5) REPORT TO CONGRESS. —At the conclusion of each pilot program, the Secretary shall report to Congress the findings, conclusions, and recommendations of the program, including suggested amendments to laws and regulations that would enhance motor carrier, commercial motor vehicle, and driver safety and improve compliance with national safety standards. "(d) PREEMPTION OF STATE RULES.—During the time period that a waiver, exemption, or pilot program is in effect under this chapter or section 31136, no State shall enforce any law or regulation that conflicts with or is inconsistent with the waiver, exemption, or pilot program with respect to a person operating under the waiver or exemption or participating in the pilot program.". (b) CHAPTER ANALYSIS AMENDMENT. — The analysis for chapter 313 is amended by striking the item relating to section 31315 and inserting the following: "31315. Waivers, exemptions, and pilot programs. ". (c) CONFORMING AMENDMENT. —Section 31136(e) of such title is amended to read as follows: "(e) EXEMPTIONS,—The Secretary may grant in accordance with section 31315 waivers and exemptions from, or conduct pilot programs with respect to, any regulations prescribed under this section.".

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