101st CONGRESS
2d Session
S. 2936
AMENDMENT
S 2936 EAH
In the House of Representatives, U.S.,
October 25, 1990.
Resolved, That the bill from the Senate (S. 2936) entitled `To amend the
Hazardous Materials Transportation Act to authorize appropriations for
fiscal years 1990, 1991, and 1992, and for other purposes', do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert:

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(a) SHORT TITLE- This Act may be cited as the `Hazardous Materials
Transportation Uniform Safety Act of 1990'.
(b) REFERENCE- Except as otherwise specifically provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Hazardous
Materials Transportation Act.
(c) TABLE OF CONTENTS-

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8598a6abab241dd0e4e6ae35cf4c5ab2ca62c164ae2db8ec85889081540705ec

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The Congress finds that--
(1) the Department of Transportation estimates that approximately 4 billion
tons of regulated hazardous materials are transported each year and that
approximately 500,000 movements of hazardous materials occur each day,
(2) accidents involving the release of hazardous materials are a serious
threat to public health and safety,
(3) many States and localities have enacted laws and regulations which
vary from Federal laws and regulations pertaining to the transportation
of hazardous materials, thereby creating the potential for unreasonable
hazards in other jurisdictions and confounding shippers and carriers which
attempt to comply with multiple and conflicting registration, permitting,
routing, notification, and other regulatory requirements,
(4) because of the potential risks to life, property, and the environment
posed by unintentional releases of hazardous materials, consistency in
laws and regulations governing the transportation of hazardous materials
is necessary and desirable,
(5) in order to achieve greater uniformity and to promote the public health,
welfare, and safety at all levels, Federal standards for regulating the
transportation of hazardous materials in intrastate, interstate, and
foreign commerce are necessary and desirable,
(6) in order to provide reasonable, adequate, and cost-effective protection
from the risks posed by the transportation of hazardous materials, a
network of adequately trained State and local emergency response personnel
is required,
(7) the Office of Technology Assessment has estimated that approximately
1,500,000 emergency response personnel need better basic or advanced
training for responding to the unintentional release of hazardous materials
at fixed facilities and in transportation, and
(8) the movement of hazardous materials in commerce is necessary and
desirable to maintain economic vitality and meet consumer demands, and
shall be conducted in a safe and efficient manner.

e5397f850c5ffdbdc1b5d606404498fc1d02fa36e5ded284f75abce60eadd287

(a) DEFINITIONS- Section 103 (49 U.S.C. App. 1802) is amended to read
as follows:
`SEC. 103. DEFINITIONS.
`For purposes of this title, the following definitions apply:
`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of
the Environmental Protection Agency.
`(2) COMMERCE- The term `commerce' means trade, traffic, commerce, or
transportation within the jurisdiction of the United States (A) between a
place in a State and any place outside of such State, or (B) which affects
trade, traffic, commerce, or transportation described in subparagraph (A).
`(3) DIRECTOR- The term `Director' means the Director of the Federal
Emergency Management Agency.
`(4) HAZARDOUS MATERIAL- The term `hazardous material' means a substance
or material designated by the Secretary under section 104.
`(5) HAZMAT EMPLOYEE- The term `hazmat employee' means an individual who
is employed by a hazmat employer and who in the course of the individual's
employment directly affects hazardous materials transportation safety
as determined by the Secretary by regulation. Such term includes an
owner-operator of a motor vehicle which transports in commerce hazardous
materials. Such term includes, at a minimum, an individual who is employed
by a hazmat employer and who in the course of the individual's employment--
`(A) loads, unloads, or handles hazardous materials;
`(B) reconditions or tests containers, drums, and packages represented
for use in the transportation of hazardous materials;
`(C) prepares hazardous materials for transportation;
`(D) is responsible for the safety of the transportation of hazardous
materials; or
`(E) operates a vehicle used to transport hazardous materials.
`(6) HAZMAT EMPLOYER- The term `hazmat employer' means a person--
`(A)(i) who transports in commerce hazardous materials,
`(ii) who causes to be transported or shipped in commerce hazardous
materials, or
`(iii) who reconditions or tests containers, drums, and packages represented
for use in the transportation of hazardous materials; and
`(B) who utilizes 1 or more of its employees in connection with such
activity.
Such term includes an owner-operator of a motor vehicle which transports
in commerce hazardous materials. Such term includes any department, agency,
or instrumentality of the United States, a State, a political subdivision of
a State, or an Indian tribe engaged in an activity described in subparagraph
(A)(i), (A)(ii), or (A)(iii).
`(7) IMMINENT HAZARD- The term `imminent hazard' means the existence of
a condition which presents a substantial likelihood that death, serious
illness, severe personal injury, or substantial endangerment to health,
property, or the environment may occur before the reasonably foreseeable
completion of an administrative hearing or other formal proceeding initiated
to abate the risks of those effects.
`(8) INDIAN TRIBE- The term `Indian tribe' shall have the meaning given
that term under section 4 of the Indian Self-Determination and Education
Act (25 U.S.C. 450b).
`(9) MOTOR CARRIER- The term `motor carrier' means a motor common carrier,
motor contract carrier, motor private carrier, and freight forwarder as
those terms are defined in section 10102 of title 49, United States Code.
`(10) NATIONAL RESPONSE TEAM- The term `National Response Team' means the
national response team established pursuant to the National Contingency
Plan as established under section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
`(11) PERSON- The term `person' means an individual, firm, copartnership,
corporation, company, association, joint-stock association, including
any trustee, receiver, assignee, or similar representative thereof, or
government, Indian tribe, or agency or instrumentality of any government
or Indian tribe when it offers hazardous materials for transportation in
commerce or transports hazardous materials in furtherance of a commercial
enterprise, but such term does not include (A) the United States Postal
Service, or (B) for the purposes of sections 110 and 111 of this title,
any agency or instrumentality of the Federal Government.
`(12) PUBLIC SECTOR EMPLOYEE- The term `public sector employee' means an
individual who is employed by a State or a political subdivision thereof
or an Indian tribe and who in the course of the individual's employment
has responsibilities relating to responding to accidents and incidents
involving the transportation of hazardous materials. Such term includes,
at a minimum, a person employed by a State or political subdivision thereof
or an Indian tribe as a firefighter or law enforcement officer. Such term
also includes a person who volunteers to serve as a firefighter for a
State or political subdivision thereof or an Indian tribe.
`(13) SECRETARY- The term `Secretary' means the Secretary of Transportation
or the Secretary's delegate.
`(14) STATE- The term `State' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam,
or any other territory or possession of the United States designated by
the Secretary; except that as used in section 121, relating to uniformity
of State registration and permitting forms and procedures, such term means
a State of the United States and the District of Columbia.
`(15) TRANSPORTS OR TRANSPORTATION- The term `transports' or `transportation'
means any movement of property by any mode, and any loading, unloading,
or storage incidental thereto.
`(16) UNITED STATES- The term `United States' means all of the States.'.
(b) CONFORMING AMENDMENT- Section 111(b) (49 U.S.C. App. 1810(b)) is
amended by striking the second sentence.

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Section 105 (49 U.S.C. App. 1804) is amended to read as follows:
`SEC. 105. REGULATIONS GOVERNING TRANSPORTATION OF HAZARDOUS MATERIALS.
`(a) GENERAL-
`(1) ISSUANCE- The Secretary shall issue regulations for the safe
transportation of hazardous materials in intrastate, interstate, and
foreign commerce. The regulations issued under this section shall govern
any aspect of hazardous materials transportation safety which the Secretary
deems necessary or appropriate.
`(2) PROCEDURES- Regulations issued under paragraph (1) shall be issued
in accordance with section 553 of title 5, United States Code, including
an opportunity for informal oral presentation.
`(3) APPLICABILITY- Regulations issued under paragraph (1) shall be
applicable to any person who transports, ships, causes to be transported or
shipped, or who manufactures, fabricates, marks, maintains, reconditions,
repairs, or tests a package or container which is represented, marked,
certified, or sold by such person as qualified for use in the transportation
in commerce of hazardous materials.
`(4) PREEMPTION-
`(A) GENERAL RULE- Except as provided in subsection (b) and unless otherwise
authorized by Federal law, any law, regulation, order, ruling, provision,
or other requirement of a State or political subdivision thereof or an
Indian tribe, which concerns a subject listed in subparagraph (B) and
which is not substantively the same as any provision of this Act or any
regulation under such provision which concerns such subject, is preempted.
`(B) COVERED SUBJECTS- The subjects referred to in subparagraph (A) are
the following:
`(i) The designation, description, and classification of hazardous materials.
`(ii) The packing, repacking, handling, labeling, marking, and placarding
of hazardous materials.
`(iii) The preparation, execution, and use of shipping documents pertaining
to hazardous materials and requirements respecting the number, content,
and placement of such documents.
`(iv) The written notification, recording, and reporting of the unintentional
release in transportation of hazardous materials.
`(v) The design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous materials.
`(C) LIMITATION ON FINES AND PENALTIES- If a State or political subdivision
or Indian tribe assesses any fine or penalty determined by the Secretary to
be appropriate for a violation concerning a subject listed in subparagraph
(B), no additional fine or penalty may be assessed for such violation by
any other authority.
`(5) STATE LAWS WHICH ARE SUBSTANTIVELY THE SAME AS FEDERAL LAW-
`(A) CONTINUATION- If the Secretary issues under this section before, on,
or after the date of the enactment of the Hazardous Materials Transportation
Uniform Safety Act of 1990, a regulation, rule, or standard concerning any
subject set forth in paragraph (4), a State, political subdivision of a
State, or Indian tribe may only establish, maintain, and enforce a law,
regulation, rule, standard, or order concerning such subject which is
substantively the same as any provision of this Act or any regulation,
rule, or order issued under such provision.
`(B) EFFECTIVE DATE OF FEDERAL PREEMPTION- The Secretary shall determine
and publish in the Federal Register the effective date of paragraph (1)
with respect to any regulation, rule, or standard described in subparagraph
(A) and which is issued after such date of enactment by the Secretary;
except that such effective date may not be earlier than the 90th day
following the date of such issuance and may not be later than the last
day of the 2-year period beginning on the date of such issuance.
`(b) HIGHWAY ROUTING-
`(1) STATE AUTHORITY- Subject to paragraphs (4) and (5), each State and
Indian tribe may establish, maintain, and enforce (A) specific highway
routes over which hazardous materials may and may not be transported by
motor vehicles in the area which is subject to the jurisdiction of such
State or Indian tribe, and (B) limitations and requirements with respect
to highway routing.
`(2) ISSUANCE OF FEDERAL STANDARDS- Not later than 18 months after the
date of the enactment of the Hazardous Materials Transportation Uniform
Safety Act of 1990, the Secretary, in consultation with the States, shall
establish by regulation standards for States and Indian tribes to use in
establishing, maintaining, and enforcing (A) specific highway routes over
which hazardous materials may and may not be transported by motor vehicles,
and (B) limitations and requirements with respect to highway routing.
`(3) CONTENTS OF STANDARDS- The Federal standards established pursuant to
paragraph (2) shall include the following:
`(A) ENHANCEMENT OF PUBLIC SAFETY- A requirement that highway routing
designations, limitations, and requirements established, maintained,
and enforced by a State or Indian tribe shall enhance public safety (i)
in the area subject to the jurisdiction of the State or Indian tribe, and
(ii) in areas of the United States not subject to such jurisdiction which
are directly affected by such designations, limitations, and requirements.
`(B) PUBLIC PARTICIPATION- Minimum procedural requirements for ensuring
public participation in the establishment by a State or Indian tribe of
highway routing designations, limitations, and requirements.
`(C) CONSULTATION WITH OTHER GOVERNMENTS- A requirement that, in establishing
highway routing designations, limitations, and requirements, the State
or Indian tribe shall consult with appropriate State, local, and tribal
officials having jurisdiction over areas of the United States not subject
to the jurisdiction of the establishing State or Indian tribe and affected
industries.
`(D) THROUGH ROUTING- A requirement that highway routing designations,
limitations, and requirements established, maintained, and enforced by
a State or Indian tribe shall assure through highway routing for the
transportation of hazardous materials between adjacent areas.
`(E) AGREEMENT OF OTHER STATES; BURDEN ON COMMERCE- A requirement that a
highway routing designation, limitation, or requirement which affects the
transportation of hazardous materials in another State or Indian tribe may
only be established, maintained, and enforced by a State or Indian tribe if
(i) it is agreed to by the other State or Indian tribe within a reasonable
period or has been approved by the Secretary under paragraph (5), and (ii)
does not unreasonably burden commerce.
`(F) TIMELINESS- A requirement that the establishment of highway routing
designations, limitations, and requirements by a State or Indian tribe
shall be completed in a timely manner.
`(G) REASONABLE ROUTES TO TERMINALS- A requirement that highway routing
designations, limitations, and requirements established, maintained,
and enforced by a State or Indian tribe shall provide reasonable routes
for motor vehicles transporting hazardous materials to reach terminals,
facilities for food, fuel, repairs, and rest, and points for the loading
and unloading of hazardous materials.
`(H) STATE RESPONSIBILITY FOR LOCAL COMPLIANCE- A requirement that the
State shall be responsible (i) for ensuring that political subdivisions of
the State comply with the Federal standards in establishing, maintaining,
and enforcing highway routing designations, limitations, and requirements,
and (ii) for resolving disputes between or among such political subdivisions.
`(I) FACTORS TO CONSIDER- A requirement that, in establishing, maintaining,
and enforcing highway routing designations, limitations, and requirements,
a State or Indian tribe consider--
`(i) population density,
`(ii) type of highways,
`(iii) type and quantities of hazardous materials,
`(iv) emergency response capabilities,
`(v) results of consultations with affected persons,
`(vi) exposure and other risk factors,
`(vii) terrain considerations,
`(viii) continuity of routes,
`(ix) alternative routes,
`(x) effects on commerce,
`(xi) delays in transportation, and
`(xii) such other factors as the Secretary considers appropriate
`(4) PREEMPTION-
`(A) GENERAL RULE- Except as otherwise provided in this paragraph, after
the last day of the 2-year period beginning on the date of the issuance of
the regulations establishing the Federal standards pursuant to paragraph
(2), no State or Indian tribe may establish, maintain, or enforce--
`(i) any highway route designation over which hazardous materials may or
may not be transported by motor vehicles, or
`(ii) any limitation or requirement with respect to such routing,
unless such designation, limitation, or requirement is made in accordance
with the procedural requirements of the Federal standards and complies with
the substantive requirements of the Federal standards.
`(B) GRANDFATHER CLAUSE- Designations, limitations, and requirements
established before the date of issuance referred to in subparagraph (A)
do not have to be in accordance with procedural requirements of the Federal
standards established pursuant to paragraphs (3)(B), (3)(C), and (3)(F).
`(C) LIMITATION WITH RESPECT TO CONSIDERATION OF FACTORS- Nothing in this
subsection shall be construed as requiring a State or Indian tribe to
comply with paragraph (3)(I) with respect to designations, limitations,
and requirements established before the date of the enactment of the
Hazardous Materials Transportation Uniform Safety Act of 1990.
`(D) CONTINUATION OF EFFECTIVENESS DURING DISPUTE RESOLUTION- The Secretary
may permit a highway route designation or limitation or requirement of
a State or Indian tribe to continue in effect pending the resolution of
a dispute under paragraph (5) relating to such designation, limitation,
or requirement.
`(5) DISPUTE RESOLUTION-
`(A) PETITION OF SECRETARY- If a dispute over a matter relating to through
highway routing or a dispute relating to agreement with a proposed highway
route designation, limitation, or requirement arises between or among
States, political subdivisions of different States, or Indian tribes,
1 or more of such States or Indian tribes may petition the Secretary to
resolve the dispute.
`(B) PROCEDURE- The Secretary shall, within 18 months of the date of the
enactment of the Hazardous Materials Transportation Uniform Safety Act of
1990, issue regulations for resolving disputes under this paragraph.
`(C) TIME PERIOD- The Secretary shall resolve a dispute under this paragraph
within 1 year after the date the Secretary receives the petition for
resolution of such dispute.
`(D) STANDARD- Resolution of a dispute under this paragraph shall provide
the greatest level of highway safety without unreasonably burdening commerce
and shall ensure compliance with the Federal standards established pursuant
to paragraph (2).
`(E) LIMITATION ON JUDICIAL REVIEW- After a petition is filed under this
paragraph to resolve a dispute, no court action may be brought with respect
to the subject matter of such dispute until a final decision of the Secretary
is issued under this paragraph or the last day of the 1-year period beginning
on the day the Secretary receives such petition, whichever occurs first.
`(F) JUDICIAL REVIEW- Any State or Indian tribe which is adversely affected
by a decision of the Secretary under this paragraph may, at any time before
the 90th day following the date such decision becomes final, bring an action
for judicial review in an appropriate district court of the United States.
`(6) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this subsection
and the regulations issued under this subsection shall be construed as
superseding or otherwise affecting application of section 127 of title 23,
United States Code, relating to vehicle weight limitations, or section 411
or 416 of the Surface Transportation Assistance Act of 1982, relating to
vehicle length and vehicle width limitations, respectively.
`(7) LIMITATION ON APPLICABILITY-
`(A) PLACARDED MOTOR VEHICLES- Subject to subparagraph (B), this subsection
only applies to a motor vehicle if the vehicle is transporting in commerce
a hazardous material for which placarding of the vehicle is required in
accordance with the regulations issued under this title.
`(B) AUTHORITY TO EXTEND APPLICABILITY- The Secretary may, by regulation,
extend application of this subsection or any Federal standard established
pursuant to paragraph (2)--
`(i) to any use of a vehicle described in subparagraph (A) to provide
transportation in commerce of any hazardous material; and
`(ii) to any motor vehicle used to transport in commerce hazardous materials.
`(8) EXISTING REGULATIONS RELATING TO RADIOACTIVE MATERIALS- Nothing in
this subsection shall be construed to require the Secretary to amend,
modify, or reissue regulations issued by the Department of Transportation
before the date of the enactment of this paragraph and in effect on such
date with respect to highway route designations over which radioactive
materials may and may not be transported by motor vehicles and limitations
and requirements with respect to such routing.
`(9) LIMITATION ON AUTHORITY OF SECRETARY- The Secretary may not assign any
specific weight to be given by the States and Indian tribes in considering
factors pursuant to paragraph (3)(I).
`(c) LIST OF ROUTE DESIGNATIONS- The Secretary, in coordination with the
States, shall periodically update and publish a list of currently effective
hazardous materials highway route designations.
`(d) INTERNATIONAL UNIFORMITY-
`(1) DOT PARTICIPATION IN INTERNATIONAL FORUMS- Subject to guidance and
direction from the Secretary of State, the Secretary shall participate in
international forums that establish or recommend mandatory standards and
requirements for the transportation of hazardous materials in international
commerce.
`(2) CONSULTATION- The Secretary may consult with interested agencies to
assure that, to the extent practicable, regulations issued by the Secretary
pursuant to this section shall be consistent with standards adopted
by international bodies applicable to the transportation of hazardous
materials. Nothing in this subsection shall require the Secretary to issue
a standard identical to a standard adopted by an international body, if
the Secretary determines the standard to be unnecessary or unsafe, nor
shall the Secretary be prohibited from establishing safety requirements
that are more stringent than those included in a standard adopted by an
international body, if the Secretary determines that such requirements
are necessary in the public interest.'.

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Section 105 (49 U.S.C. App. 1804), as amended by section 4, is amended by
adding at the end the following new subsections:
`(e) UNLAWFUL REPRESENTATION- No person shall, by marking or otherwise,
represent that--
`(1) a container or package for the transportation of hazardous materials
is safe, certified, or in compliance with the requirements of this title
unless it meets the requirements of all applicable regulations issued
under this title; or
`(2) a hazardous material is present in a package, container, motor vehicle,
rail freight car, aircraft, or vessel, if the hazardous material is not
present.
`(f) UNLAWFUL TAMPERING- No person shall unlawfully alter, remove, deface,
destroy, or otherwise tamper with--
`(1) any marking, label, placard, or description on a document required
by this title or a regulation issued under this title; or
`(2) any package, container, motor vehicle, rail freight car, aircraft,
or vessel used for the transportation of hazardous materials.'.

136bf30b310df1effefac834cd760e314ec126064d72ca4288a024c91a04df5b

Section 105 (49 U.S.C. App. 1804), as amended by section 5, is amended by
adding at the end the following new subsection:
`(g) DISCLOSURE-
`(1) MAINTENANCE OF SHIPPING PAPER- Each person who offers for transportation
in commerce a hazardous material that is subject to the shipping paper
requirements of the Secretary shall provide the carrier who is providing
such transportation any shipping paper that makes the disclosure established
by the Secretary under paragraph (2) for the carrier to maintain on the
vehicle to be used to provide such transportation. If the person offering
such material for transportation is also a private motor carrier, such
person shall maintain such shipping paper on the vehicle.
`(2) CONSIDERATIONS AND CONTENTS- In carrying out paragraph (1), the
Secretary shall consider and may require the following:
`(A) a description of the hazardous material, including the proper shipping
name of the material,
`(B) the hazard class of the hazardous material,
`(C) the identification number (UN/NA) of the material,
`(D) immediate first action emergency response information or a means
for appropriate reference to such information which must be immediately
available, and
`(E) a telephone number for the purpose of obtaining more specific handling
and mitigation information concerning the hazardous material at any time
during its transportation.
`(3) SPECIFICATION OF LOCATION- The shipping paper referred to in paragraph
(1) shall be kept in a location, to be specified by the Secretary, in the
motor vehicle, train, vessel, aircraft, or facility until the hazardous
material is no longer in transportation or the documents have been made
available to a representative of a Federal, State, or local government
agency responding to an accident or incident involving the motor vehicle,
train, vessel, aircraft, or facility.
`(4) DISCLOSURE TO EMERGENCY RESPONSE AUTHORITIES- Any person who
transports a hazardous material in commerce shall, in the event of an
incident involving such material, immediately disclose to appropriate
emergency response authorities, upon their request, information on the
hazardous material being transported.'.

8658d40dc4be2e535a005543c09e6f37e5c24bacc8f39412d27a62d1540c1a04

Section 106 (49 U.S.C. App. 1805) is amended--
(1) by redesignating subsections (b) and (c), and any reference thereto,
as subsections (e) and (f), respectively;
(2) in subsection (e), as so redesignated, by striking `(b)' and inserting
`(c)'; and
(3) by inserting after subsection (a) the following new subsection:
`(b) TRAINING CRITERIA FOR SAFE HANDLING AND TRANSPORTATION-
`(1) FEDERAL REQUIREMENTS- Within 18 months after the date of the enactment
of the Hazardous Materials Transportation Uniform Safety Act of 1990, the
Secretary shall issue, by regulation, requirements for training to be given
by all hazmat employers to their hazmat employees regarding the safe loading,
unloading, handling, storing, and transporting of hazardous materials and
emergency preparedness for responding to accidents or incidents involving
the transportation of hazardous materials.
`(2) DIFFERENT TRAINING REQUIREMENTS- The regulations issued under paragraph
(1) may provide for different training for different classes or categories
of hazardous materials and hazmat employees.
`(3) COORDINATION OF EMERGENCY RESPONSE TRAINING REGULATIONS- In consultation
with the Administrator and the Secretary of Labor, the Secretary shall take
such actions as may be necessary to ensure that the training requirements
established under this subsection do not conflict with the requirements of
the regulations issued by the Occupational Safety and Health Administration
of the Department of Labor relating to hazardous waste operations and
emergency response contained in part 1910 of title 29 of the Code of
Federal Regulations (and amendments thereto) and the regulations issued
by the Environmental Protection Agency relating to worker protection
standards for hazardous waste operations contained in part 311 of title
40 of such Code (and amendments thereto). For purposes of section 4(b)(1)
of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)),
no action taken by the Secretary pursuant to this section shall be deemed
to be an exercise of statutory authority to prescribe or enforce standards
or regulations affecting occupational safety or health.
`(4) COMMENCEMENT OF TRAINING- Within 6 months after the date on which the
Secretary issues regulations under this subsection, each hazmat employer
shall have commenced training of its hazmat employees in accordance with
the requirements established by such regulations.
`(5) COMPLETION OF TRAINING- Regulations issued under this subsection
shall establish the date by which training of hazmat employees shall
be completed in order to comply with requirements established by such
regulations. Such date shall be within a reasonable period of time after
(A) 6 months following the date of the issuance of such regulations, or
(B) in the case of an individual employed as a hazmat employee after such
6-month period, the date on which the individual is to begin carrying out
a duty of a hazmat employee.
`(6) CERTIFICATION- After completion of training of its hazmat employees
in accordance with the requirements established under this subsection, each
hazmat employer shall certify, with such appropriate documentation as may be
required by regulation by the Secretary, that the employer's hazmat employees
have received training and have been tested on appropriate transportation
areas of responsibility, including one or more of the following areas:
`(A) Recognition and understanding of the Department of Transportation
hazardous materials classification system.
`(B) Use and limitations of the Department of Transportation hazardous
materials placarding, labeling, and marking systems.
`(C) General handling procedures, loading and unloading techniques,
and strategies to reduce the probability of release or damage during or
incidental to transportation of hazardous materials.
`(D) Health, safety, and risk factors associated with hazardous materials
and their transportation.
`(E) Appropriate emergency response and communication procedures for dealing
with accidents and incidents involving hazardous materials transportation.
`(F) Use of the Department of Transportation Emergency Response Guidebook
and recognition of its limitations or use of equivalent documents and
recognition of the limitations of such documents.
`(G) Applicable hazardous materials transportation regulations.
`(H) Personal protection techniques.
`(I) Preparation of shipping documents for transportation of hazardous
materials.
`(7) APPLICABILITY OF INFORMATION MANAGEMENT REQUIREMENTS- Chapter 35
of title 44, United States Code (relating to coordination of Federal
information policy) shall not apply to activities of the Secretary under
this subsection.'.

3078381d1c9c8c24a75d0de21c7d993c30f5ac480fe7cb38cdef4564f008aaca

SAFETY PERMITS.
Section 106 (49 U.S.C. App. 1805), as amended by section 7, is amended by
inserting after subsection (b) the following new subsections:
`(c) REGISTRATION-
`(1) MANDATORY FILINGS- Each person who carries out one or more of the
following activities shall file with the Secretary a registration statement
in accordance with the provisions of this subsection:
`(A) Transporting or causing to be transported or shipped in commerce
highway-route controlled quantities of radioactive materials, more than 25
kilograms of class A or class B explosives in a motor vehicle, rail car, or
transport container, or more than 1 liter per package of a hazardous material
which has been designated by the Secretary as extremely toxic by inhalation.
`(B) Transporting or causing to be transported or shipped in commerce a
hazardous material in a bulk package, container, or tank as defined by
the Secretary if the package, container, or tank has a capacity of 3,500
or more gallons or more than 468 cubic feet.
`(C) Transporting or causing to be transported or shipped in commerce a
shipment of 5,000 pounds or more of a class of a hazardous material for
which placarding of a vehicle, rail car, or freight container is required
in accordance with the regulations issued under this title.
`(2) COOPERATION OF EPA- The Administrator shall assist the Secretary
in carrying out this subsection by furnishing the Secretary with such
information as the Secretary may request in order to carry out the objectives
of this section.
`(3) DISCRETIONARY FILINGS- The Secretary may require each person who carries
out one or more of the following activities to file a registration statement
with the Secretary in accordance with the provisions of this subsection:
`(A) Transporting or causing to be transported or shipped in commerce
hazardous materials and who is not required to file a registration statement
under paragraph (1).
`(B) Manufacturing, fabricating, marking, maintaining, reconditioning,
repairing, or testing packages or containers which are represented, marked,
certified, or sold by such person for use in the transportation in commerce
of hazardous materials designated by the Secretary.
`(4) REQUIREMENT- No person required to file a registration statement
by or under this subsection may transport or cause to be transported or
shipped hazardous materials, or manufacture, fabricate, mark, maintain,
recondition, repair, or test packages or containers for use in the
transportation of hazardous materials, unless such person has on file a
registration statement in accordance with this subsection.
`(5) FILING DEADLINES-
`(A) INITIAL FILINGS- Each person who is required to file a registration
statement by or under this subsection shall file an initial registration
statement by March 31, 1992. The Secretary may extend such date to September
30, 1992, with respect to the requirements of paragraph (1).
`(B) RENEWALS- Subject to the provisions of this subsection, each person
who is required to file a registration statement by or under this section
shall renew such registration statement periodically in accordance with
regulations issued by the Secretary, but no less frequently than every 5
years and no more frequently than annually.
`(6) AMENDMENTS- The Secretary shall by regulation determine when and under
what circumstances a registration statement filed under this subsection
with the Secretary must be amended and the procedures to be followed in
amending such statement.
`(7) CONTENTS- A registration statement under this subsection shall be
in such form and contain such information as the Secretary may require
by regulation. The Secretary may utilize existing forms of the Department
of Transportation and the Environmental Protection Agency in carrying out
this subsection. At a minimum, such statement shall include--
`(A) the registrant's name and principal place of business;
`(B) a description of each activity the registrant carries out for which
filing of a registration statement is required by or under this section; and
`(C) the State or States in which such person carries out each such activity.
`(8) LIMITATION ON NUMBER OF FILINGS- A person who carries out more than
one activity for which filing of a registration statement is required by
or under this subsection only needs to file one registration statement in
order to comply with this subsection.
`(9) STREAMLINED PROCESS- The Secretary may take such action as may be
necessary to streamline and simplify the registration process under this
subsection and to minimize with respect to a person who is required to file
a registration statement under this subsection the number of applications,
documents, and other information which such person is required to file
with the Department of Transportation under this title and any other laws
of the United States.
`(10) DISCLOSURE- The Secretary shall make a registration statement filed
under this subsection available for inspection by any person, for a fee
to be established by the Secretary; except that nothing in this sentence
shall be considered to require the release of any information described
in section 552(f) of title 5, United States Code, or which is otherwise
protected by law from disclosure to the public.
`(11) FEES- The Secretary may establish, assess, and collect such fees
from persons required to file registration statements by or under this
subsection as may be necessary to cover the costs of the Department of
Transportation in processing such registration statements.
`(12) PROOF OF REGISTRATION AND PAYMENT OF FEES- The Secretary may issue
regulations requiring a person required to file a registration statement
by or under this subsection to maintain proof of the filing of such
statement and the payment of any fees assessed under this subsection and
section 117(h).
`(13) APPLICABILITY OF INFORMATION MANAGEMENT REQUIREMENTS- Chapter 35 of
title 44, United States Code (relating to coordination of Federal information
policy) shall not apply to activities of the Secretary under this subsection.
`(14) NONAPPLICABILITY TO EMPLOYEES- Notwithstanding any other provisions
of this subsection, an employee of a hazmat employer is not required to
file a registration statement by or under this section.
`(15) EXEMPTION OF GOVERNMENT AGENCIES AND EMPLOYEES- Agencies of the Federal
Government, agencies of States, and agencies of political subdivisions
of States, and employees of such agencies with respect to their official
duties do not have to file registration statements under this subsection.
`(d) MOTOR CARRIER SAFETY PERMITS-
`(1) REQUIREMENT- Except as provided in this subsection, a motor carrier
may transport or cause to be transported by motor vehicle in commerce a
hazardous material only if the motor carrier holds a safety permit issued
by the Secretary under this section authorizing the transportation and
keeps a copy of such permit, or other proof establishing the existence of
such permit, in the motor vehicle used to provide such transportation.
`(2) ISSUANCE- Except as provided in this subsection, the Secretary
shall issue a safety permit to a motor carrier authorizing that carrier to
transport or cause to be transported by motor vehicle in commerce a hazardous
material if the Secretary finds that the carrier is fit, willing, and able--
`(A) to provide the transportation to be authorized by the permit;
`(B) to comply with this title and the regulations issued by the Secretary
to carry out this title; and
`(C) to comply with any applicable Federal motor carrier safety laws and
regulations and any applicable Federal minimum financial responsibility
laws and regulations.
`(3) SHIPPER'S RESPONSIBILITY- Each person who offers a hazardous material
for motor vehicle transportation in commerce may offer that material to
a motor carrier only if the carrier has a safety permit issued under this
subsection authorizing such transportation.
`(4) AMENDMENT, SUSPENSION, AND REVOCATION- A safety permit issued to a
motor carrier under this subsection may, after notice and an opportunity for
hearing, be amended, suspended, or revoked by the Secretary in accordance
with procedures established under paragraph (6) whenever the Secretary
determines that such carrier has failed to comply with a requirement of
this title, any regulation issued under this title, any applicable Federal
motor carrier safety law or regulation, or any applicable Federal minimum
financial responsibility law or regulation. If the Secretary determines
that an imminent hazard exists, the Secretary may amend, suspend, or revoke
the safety permit before scheduling a hearing thereon.
`(5) COVERED TRANSPORTATION- The Secretary shall establish by regulation the
hazardous materials and quantities thereof to which this subsection applies;
except that this section shall apply, at a minimum, to all transportation
by a motor carrier of a class A or B explosive, a liquefied natural gas, a
hazardous material which has been designated by the Secretary as extremely
toxic by inhalation, or a highway route controlled quantity of radioactive
materials as defined by the Secretary.
`(6) PROCEDURES- The Secretary shall establish by regulation--
`(A) application procedures, including form, content, and fees necessary
to recover the full costs of administering this subsection;
`(B) standards for determining the duration, terms, conditions, or
limitations of a safety permit;
`(C) procedures for the amendment, suspension, or revocation of a safety
permit issued under this section; and
`(D) any other procedures the Secretary deems appropriate to implement
this subsection.
`(7) APPLICATION- A motor carrier shall file an application with the
Secretary for a safety permit to provide transportation under this
subsection. The Secretary may approve any part of the application or deny
the application. The application shall--
`(A) be under oath; and
`(B) contain such information as the Secretary may require by regulation.
`(8) CONDITIONS- A motor carrier may provide transportation under a safety
permit issued under this subsection only if the carrier complies with such
conditions as the Secretary finds are required to protect public safety.'.
(b) SAFETY PERMITS- Section 106(d) of the Hazardous Materials Transportation
Act, relating to motor carrier safety permits, shall take effect 2 years
after the date of the enactment of this Act; except that the Secretary
shall issue regulations necessary to carry out such section not later than
1 year after such date of enactment.
(c) REPEAL OF EXISTING PROGRAM- Subsections (e) and (f) of section 106 of
the Hazardous Materials Transportation Act (49 U.S.C. 1805), as redesignated
by section 7 of this Act, are repealed effective March 31, 1992.

7287aa7f89c6ad89838d62df54dc09579202e3cc6721bf2829430af57a3cd196

Section 107(a) (49 U.S.C. App. 1806(a)) is amended by striking `or renewal'
in the fourth sentence.

6112764c9b17d7e686291edc905b7a52e871e53698ed48e26e9094e6f273799c

The second sentence of section 108(b) (49 U.S.C. App. 1807(b)) is amended
to read as follows: `The term does not include any material which the
Secretary determines is of such low order of radioactivity that when
transported does not pose a significant hazard to health or safety.'.

f9e32278fc32ea15b3a74392479e2f57bd4fa70b573fac0dbc7594e74510e926

Section 109(d)(1)(C) (49 U.S.C. App. 1808(d)(1)(C)) is amended by striking
`recommend' and inserting `take'.

3c1df1ee67f24e8c02cde3f9e94a6bcb78783503a1f053208a82c88903a91dc9

(a) CIVIL PENALTIES- Section 110(a) (49 App. U.S.C. 1809(a)) is amended--
(1) in paragraph (1)--
(A) by striking `(except an employee who acts without knowledge)' in the
first sentence;
(B) by striking `title or of a' in the first sentence and inserting `title,
an order, or';
(C) by inserting `order or' after `violation of any' in each of the second
and third sentences; and
(D) by striking `$10,000' in each of the second and third sentences and
inserting `$25,000 and not less than $250'; and
(2) by adding at the end the following:
`(3) ACTING KNOWINGLY- For purposes of this section, a person shall be
considered to have acted knowingly if--
`(A) such person has actual knowledge of the facts giving rise to the
violation, or
`(B) a reasonable person acting in the circumstances and exercising due
care would have such knowledge.'.
(b) CRIMINAL PENALTIES- Subsection (b) of section 110 (49 App. U.S.C. 1809)
is amended to read as follows:
`(b) CRIMINAL- A person who knowingly violates section 105(f) of this title
or willfully violates a provision of this title or an order or regulation
issued under this title shall be fined under title 18, United States Code,
or imprisoned for not more than 5 years, or both.'.

8e1c6cdf5be2bd1fe49d2fe7e4b669bc2425d029f8b88c137bc60812a99ccb97

Section 112 (49 U.S.C. App. 1811) is amended to read as follows:
`SEC. 112. RELATIONSHIP TO OTHER LAWS.
`(a) IN GENERAL- Except as provided in subsection (d) and unless otherwise
authorized by Federal law, any requirement of a State or political
subdivision thereof or Indian tribe is preempted if--
`(1) compliance with both the State or political subdivision or Indian
tribe requirement and any requirement of this title or of a regulation
issued under this title is not possible,
`(2) the State or political subdivision or Indian tribe requirement as
applied or enforced creates an obstacle to the accomplishment and execution
of this title or the regulations issued under this title, or
`(3) it is preempted under section 105(a)(4) or section 105(b).
`(b) FEES- A State or political subdivision thereof or Indian tribe may not
levy any fee in connection with the transportation of hazardous materials
that is not equitable and not used for purposes related to the transportation
of hazardous materials, including enforcement and the planning, development,
and maintenance of a capability for emergency response.
`(c) DETERMINATION OF PREEMPTION-
`(1) ADMINISTRATIVE DETERMINATION- Any person, including a State or political
subdivision thereof or Indian tribe, directly affected by any requirement
of a State or political subdivision or Indian tribe, may apply to the
Secretary, in accordance with regulations prescribed by the Secretary, for a
determination of whether that requirement is preempted by section 105(a)(4)
or 105(b) or subsection (a). The Secretary shall publish notice of the
application in the Federal Register. Once the Secretary has published such
notice, no applicant for such determination by the Secretary may seek relief
with respect to the same or substantially the same issue in any court until
the Secretary has taken final action on the application or until 180 days
after filing of the application, whichever occurs first. The Secretary, in
consultation with States, political subdivisions, and Indian tribes, shall
issue regulations which set forth procedures for carrying out this paragraph.
`(2) JUDICIAL DETERMINATION- Nothing in subsection (a) prohibits a State or
political subdivision thereof or Indian tribe, or any other person directly
affected by any requirement of a State or political subdivision thereof or
Indian tribe, from seeking a determination of preemption in any court of
competent jurisdiction in lieu of applying to the Secretary under paragraph
(1).
`(d) WAIVER OF PREEMPTION- Any State or political subdivision or Indian
tribe may apply to the Secretary for a waiver of preemption with respect
to any requirement that the State or political subdivision or Indian tribe
acknowledges to be preempted by section 105(a)(4) or 105(b) or subsection
(a). The Secretary, in accordance with procedures prescribed by regulation,
may waive preemption with respect to such requirement upon a determination
that such requirement--
`(1) affords an equal or greater level of protection to the public than
is afforded by the requirements of this title or regulations issued under
this title, and
`(2) does not unreasonably burden commerce.
`(e) JUDICIAL REVIEW- A party to a proceeding under subsection (c) or (d)
may seek review by the appropriate district court of the United States of
a decision of the Secretary under such proceeding only by filing a petition
with such court within 60 days after such decision becomes final.
`(f) OTHER FEDERAL LAWS- This title shall not apply to pipelines which are
subject to regulation under the Natural Gas Pipeline Safety Act of 1968
(49 U.S.C. 1671 et seq.), to pipelines which are subject to regulation under
the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 2001 et seq.),
or to any matter which is subject to the Federal postal laws or regulations
under this title or under title 18 or title 39 of the United States Code.'.

3703ed48d0bc6670fa9184685326aa7cc59edb6833de14f1eb8a4b49576325d5

Section 115 (49 U.S.C. App. 1812) is amended to read as follows:
`SEC. 115. AUTHORIZATION OF APPROPRIATIONS.
`(a) IN GENERAL- There is authorized to be appropriated for carrying out
this title (other than sections 117 and 121) not to exceed $13,000,000
for fiscal year 1991, $16,000,000 for fiscal year 1992, and $18,000,000
for fiscal year 1993.
`(b) CREDITS- The Secretary may credit to any appropriation to carry out this
title funds received from States, Indian tribes, or other public authorities
and private entities for expenses incurred by the Secretary in providing
training to such States, public authorities, and private entities.'.

209086d4089929fcaee720f7e4aa92e829947c424165a5e0b838bba912add479

Section 116 (49 U.S.C. App. 1813) is amended to read as follows:
`SEC. 116. TRANSPORTATION OF CERTAIN HIGHLY RADIOACTIVE MATERIALS.
`(a) RAILROAD TRANSPORTATION STUDY- The Secretary, in consultation with the
Department of Energy, the Nuclear Regulatory Commission, potentially affected
States and Indian tribes, representatives of the railroad transportation
industry and shippers of high-level radioactive waste and spent nuclear
fuel, shall undertake a study comparing the safety of using trains operated
exclusively for transporting high-level radioactive waste and spent nuclear
fuel (hereinafter in this section referred to as `dedicated trains')
with the safety of using other methods of rail transportation for such
purposes. The Secretary shall report the results of the study to Congress
not later than one year after the date of enactment of this section.
`(b) SAFE RAIL TRANSPORT OF CERTAIN RADIOACTIVE MATERIALS- Within 24 months
after the date of enactment of this section, taking into consideration the
findings of the study conducted pursuant to subsection (a), the Secretary
shall amend existing regulations as the Secretary deems appropriate to
provide for the safe transportation by rail of high-level radioactive
waste and spent nuclear fuel by various methods of rail transportation,
including by dedicated train.
`(c) MODE AND ROUTE STUDY- The Secretary shall, within 12 months after the
date of enactment of this section, undertake a study to determine which
factors, if any, should be taken into consideration by shippers and carriers
in order to select routes and modes which, in combination, would enhance
overall public safety related to the transportation of high-level radioactive
waste and spent nuclear fuel. Such study shall include notice and opportunity
for public comment, and shall include assessing the degree to which various
factors, including population densities, types and conditions of modal
infrastructures (such as highways, railbeds, and waterways), quantities of
high-level radioactive waste and spent nuclear fuel, emergency response
capabilities, exposure and other risk factors, terrain considerations,
continuity of routes, available alternative routes, environmental impact
factors, affect the overall public safety of such shipments.
`(d) INSPECTIONS OF VEHICLES TRANSPORTING HIGHWAY ROUTE CONTROLLED QUANTITY
RADIOACTIVE MATERIALS-
`(1) REQUIREMENT- Not later than one year after the date of the enactment
of the Hazardous Materials Transportation Uniform Safety Act of 1990, the
Secretary shall require by regulation that, before each use of a motor
vehicle to transport in commerce any highway route controlled quantity
radioactive material, such vehicle shall be inspected and certified to be
in compliance with this title and applicable Federal motor carrier safety
laws and regulations.
`(2) USE OF FEDERAL AND STATE INSPECTORS- The Secretary may require
that inspections under this subsection be carried out by duly authorized
inspectors of the United States or in accordance with appropriate State
procedures.
`(3) SELF-CERTIFICATION- The Secretary may permit a person who transports or
causes to be transported or shipped any highway route controlled quantity
radioactive material to inspect the motor vehicle to be used to provide
such transportation and to certify that the motor vehicle is in compliance
with this title. The inspector qualification requirements for individuals
performing inspections of motor vehicles issued by the Secretary shall
apply to individuals conducting inspections under this paragraph.'.

807e81d26305dde49ba92565dcabe1a4441c780ff7eaef959f0535bc20272de3

(a) IN GENERAL- The Secretary of Transportation, in fiscal year 1991, shall
employ and maintain thereafter an additional 30 hazardous materials safety
inspectors above the number of safety inspectors authorized for fiscal
year 1990, in the aggregate, for the Federal Railroad Administration,
the Federal Highway Administration, and the Research and Special Programs
Administration. The Secretary shall take such action as may be necessary
to assure that the activities of 10 such additional inspectors focus on
promoting safety in the transportation of radioactive materials, as defined
by the Secretary. Such activities shall include--
(1) the inspection at the point of origin of shipments of high-level
radioactive waste or nuclear spent fuel, as those terms are defined in
section 116 of the Hazardous Materials Transportation Act, as added by
section 15 of this Act; and
(2) the inspection, to the maximum extent practicable, of shipments of
radioactive materials that are not high-level radioactive waste or nuclear
spent fuel.
(b) COOPERATION- In carrying out their duties, the 10 additional inspectors
authorized by this section to focus on promoting safety in the transportation
of radioactive materials shall, to the maximum extent possible, cooperate
with safety inspectors of the Nuclear Regulatory Commission and appropriate
State and local government officials.
(c) ALLOCATION OF INSPECTORS OF RADIOACTIVE MATERIALS- Of the 10 additional
inspectors authorized by subsection (a) to focus on promoting safety in
the transportation of radioactive materials--
(1) not less than 1 shall be allocated to the Research and Special Programs
Administration;
(2) not less than 3 shall be allocated to the Federal Railroad
Administration;
(3) not less than 3 shall be allocated to the Federal Highway Administration;
and
(4) the remainder shall be allocated, at the discretion of the Secretary,
among the agencies referred to in paragraphs (1), (2), and (3).
(d) ALLOCATION OF OTHER SAFETY INSPECTORS- The 20 additional inspectors
authorized by subsection (a) not referred to in subsection (c) shall be
allocated, at the discretion of the Secretary, among the agencies referred
to in paragraphs (1), (2), and (3).
(e) DEFINITIONS- As used in this section--
(1) HIGH-LEVEL RADIOACTIVE WASTE- The term `high-level radioactive waste'
has the meaning given such term in section 2(12) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101(12)).
(2) SPENT NUCLEAR FUEL- The term `spent nuclear fuel' has the meaning
given such term in section 2(23) of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101(23)).

2c5e03d21273dc912537d1dd976eab5393f453341a42283831cf3726f172d7e5

The Act (49 U.S.C. App. 1801-1813) is amended by adding at the end the
following new section:
`SEC. 117A. PUBLIC SECTOR TRAINING AND PLANNING.
`(a) PLANNING GRANT PROGRAM-
`(1) IN GENERAL- The Secretary shall make grants to States--
`(A) for developing, improving, and implementing emergency plans under
the Emergency Planning and Community Right-To-Know Act of 1986, including
determination of flow patterns of hazardous materials within a State and
between a State and another State; and
`(B) for determining the need for regional hazardous materials emergency
response teams.
`(2) MAINTENANCE OF EFFORT- The Secretary may not make a grant to a State
under this subsection in a fiscal year unless such State certifies that
the aggregate expenditure of funds of the State, exclusive of Federal
funds, for developing, improving, and implementing emergency plans under
the Emergency Planning and Community Right-To-Know Act of 1986 will be
maintained at a level which does not fall below the average level of such
expenditure for its last 2 fiscal years.
`(3) FUNDING OF PLANNING BY LOCAL EMERGENCY PLANNING COMMITTEES- The
Secretary may not make a grant to a State under this subsection in a fiscal
year unless such State agrees to make available not less than 75 percent of
the funds granted to the State under this subsection in the fiscal year to
local emergency planning committees established pursuant to section 301(c)
of the Emergency Planning and Community Right-To-Know Act of 1986 by the
State emergency response commission. Such funds shall be made available
to the local committees for developing emergency plans under such Act.
`(b) TRAINING GRANT PROGRAM-
`(1) IN GENERAL- The Secretary shall make grants to States and Indian
tribes for training public sector employees to respond to accidents and
incidents involving hazardous materials.
`(2) MAINTENANCE OF EFFORT- The Secretary may not make a grant to a State
or Indian tribe under this subsection in a fiscal year unless the State
or Indian tribe certifies that the aggregate expenditure of funds of the
State or Indian tribe, exclusive of Federal funds, for training public
sector employees to respond to accidents and incidents involving hazardous
materials will be maintained at a level which does not fall below the
average level of such expenditure for its last 2 fiscal years.
`(3) FUNDING OF TRAINING BY POLITICAL SUBDIVISIONS- The Secretary may not
make a grant to a State under this subsection in a fiscal year unless such
State agrees to make available at least 75 percent of the funds granted
to the State under this subsection in the fiscal year for the purposes
of training public sector employees employed or used by the political
subdivisions.
`(4) USE OF TRAINING COURSES- The Secretary may only make a grant to a
State or Indian tribe under this subsection in a fiscal year if the State
or Indian tribe enters into an agreement with the Secretary to use in such
fiscal year--
`(A) a course or courses developed or identified under subsection (g); or
`(B) other courses which the Secretary determines are consistent with the
objectives of this section;
for training public sector employees to respond to accidents and incidents
involving hazardous materials.
`(5) USE OF TRAINING FUNDS- Funds granted to a State or Indian tribe for
training public sector employees under this subsection may be used to
pay tuition costs of such employees for such training, travel expenses of
such employees to and from the training facility, room and board of such
employees while they are at the training facility, and travel expenses of
persons who are to provide such training.
`(6) TRAINING BY OTHERS- Funds granted to a State or Indian tribe for
training public sector employees under this subsection--
`(A) may be used by the State or a political subdivision thereof or the
Indian tribe to provide such training; or
`(B) may be used to enter into an agreement, approved by the Secretary,
to authorize a person (including a department, agency, or instrumentality
of a State or political subdivision thereof or an Indian tribe) to provide
such training--
`(i) if the agreement allows the Secretary and the State or Indian tribe
to conduct random examinations, inspections, and audits of such training
without prior notification; and
`(ii) if the State or Indian tribe conducts at least annually 1 on-site
observation of such training.
`(7) ALLOCATION OF TRAINING FUNDS- The Secretary shall allocate funds made
available for grants under this subsection for a fiscal year among States
and Indian tribes which are eligible to receive such grants in such fiscal
year based upon the needs of such States and Indian tribes for emergency
response training. In determining such needs, the Secretary shall consider
the number of hazardous materials facilities in the State or on lands under
the jurisdiction of the Indian tribe, the types and amounts of hazardous
materials transported in the State or on such lands, whether or not the
State or Indian tribe assesses and collects fees on the transportation of
hazardous materials, whether or not such fees are used solely to carry
out purposes related to the transportation of hazardous materials, and
such other factors as the Secretary determines are appropriate to carry
out the objectives of this subsection.
`(c) ADOPTION OF FEDERAL STANDARDS AND COMPLIANCE WITH EMERGENCY PLANNING
REQUIREMENTS- The Secretary may only make a grant to a State under
this section in a fiscal year if the State certifies that the State is
complying with sections 301 and 303 of the Emergency Planning and Community
Right-To-Know Act of 1986, including compliance with such sections with
respect to accidents and incidents involving the transportation of hazardous
materials.
`(d) FEDERAL SHARE- By a grant under this section, the Secretary shall
reimburse any State or Indian tribe an amount not to exceed 80 percent of the
cost incurred by the State or Indian tribe in the fiscal year for carrying
out the activities for which the grant is made. The funds of the State or
Indian tribe which are required to be expended under subsections (a)(2)
and (b)(2) shall not be considered to be part of the non-Federal share.
`(e) APPLICATIONS- A State or Indian tribe interested in receiving a grant
under this section shall submit an application to the Secretary for such
grant. Such applications shall be submitted at such times and contain such
information as the Secretary may require by regulation to carry out the
objectives of this subsection.
`(f) DELEGATION OF AUTHORITY- For the purpose of minimizing administrative
costs and for coordinating Federal grant programs for emergency response
training and planning, the Secretary may delegate to the Director, Chairman
of the Nuclear Regulatory Commission, Administrator, Secretary of Labor,
Secretary of Energy, and Director of the National Institute of Environmental
Health Sciences of the Department of Health and Human Services one or more
of the following functions:
`(1) Authority to receive applications for grants under this section.
`(2) Authority to review applications for technical compliance with this
section.
`(3) Authority to review applications for the purpose of making
recommendation on approval or disapproval of such applications.
`(4) Any other ministerial function associated with the grant programs
under this section.
`(g) TRAINING CURRICULUM-
`(1) CURRICULUM COMMITTEE- Not later than 24 months after the date of
the enactment of the Hazardous Materials Transportation Uniform Safety
Act of 1990, the Secretary, in coordination with the Director, Chairman
of the Nuclear Regulatory Commission, Administrator, Secretary of Labor,
Secretary of Energy, Secretary of Health and Human Services, and Director
of the National Institute of Environmental Health Sciences and using the
existing coordinating mechanisms of the National Response Team and, for
radioactive materials, the Federal Radiological Preparedness Coordinating
Committee, shall develop and update periodically a curriculum which consists
of a list of courses necessary to train public sector emergency response
and preparedness teams.
`(2) MANDATORY CURRICULUM RECOMMENDATIONS- The curriculum to be developed
under this subsection shall include--
`(A) a recommended course of study--
`(i) for training public sector employees to respond to accidents and
incidents involving the transportation of hazardous materials,
`(ii) for planning such responses;
`(B) recommended basic courses and minimum numbers of hours of instruction
necessary for public sector employees to be able--
`(i) to respond safely and efficiently to accidents and incidents involving
the transportation of hazardous materials, and
`(ii) to plan for such responses; and
`(C) appropriate emergency response training and planning programs for
public sector employees developed under other Federal grant programs,
including those developed with grants made under section 126 of the
Superfund Amendments and Reauthorization Act of 1986.
`(3) OPTIONAL CURRICULUM RECOMMENDATIONS- The curriculum to be developed
under this subsection may include recommendations concerning materials
appropriate for use in the recommended courses described in paragraph (2)(B).
`(4) COMPLIANCE WITH OSHA AND EPA REGULATIONS AND NFPA STANDARDS- The
recommended courses described in paragraph (2)(B) shall provide such
training to public sector employees as may be necessary to comply--
`(A) with the regulations issued by the Occupational Safety and Health
Administration of the Department of Labor relating to hazardous waste
operations and emergency response contained in part 1910 of title 29 of
the Code of Federal Regulations, and any amendments thereto;
`(B) with the regulations issued by the Environmental Protection Agency
relating to worker protection standards for hazardous waste operations
contained in part 311 of title 40 of the Code of Federal Regulations,
and any amendments thereto; and
`(C) with standards issued by the National Fire Protection Association,
relating to emergency response training, including standards 471 and 472.
`(5) CONSULTATION REQUIREMENT- In developing the curriculum under this
subsection, the Secretary shall consult the regional response teams
established pursuant to the National Contingency Plan established under
section 105 of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, representatives of commissions established pursuant
to section 301 of the Emergency Planning and Community Right-To-Know Act
of 1986 (42 U.S.C. 11001), persons (including governmental entities) who
provide training for responding to accidents and incidents involving the
transportation of hazardous materials, and representatives of persons who
respond to such accidents and incidents.
`(6) DISSEMINATION- The Director, in conjunction with the National Response
Team, shall disseminate the curriculum developed under this section and any
amendments thereto to the regional response teams established pursuant to the
National Contingency Plan established under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 and to
all committees and commissions established pursuant to section 301 of the
Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001).
`(7) MONITORING AND TECHNICAL ASSISTANCE-
`(A) MONITORING- The Director, in coordination with the Secretary,
Administrator, Secretary of Energy, and Director of the National Institute
of Environmental Health Sciences, shall monitor public sector emergency
response training and planning for accidents and incidents involving
hazardous materials.
`(B) TECHNICAL ASSISTANCE- Taking into account the results of monitoring
under subparagraph (A), the Secretary, Director, Administrator, Secretary
of Energy, and Director of the National Institute of Environmental Health
Sciences shall each provide technical assistance to States and political
subdivisions thereof and Indian tribes for carrying out emergency response
training and planning for accidents and incidents involving hazardous
materials and shall coordinate the provision of such technical assistance
using the existing coordinating mechanisms of the national response team
and, for radioactive materials, the Federal Radiological Preparedness
Coordinating Committee.
`(8) PUBLICATION OF LIST OF TRAINING PROGRAMS- The Secretary, in conjunction
with the national response team, may publish a list of programs for training
public sector employees to respond to accidents and incidents involving
the transportation of hazardous materials which utilize one or more of
the courses developed under this subsection.
`(9) MINIMIZATION OF DUPLICATION OF EFFORT- The Secretary, Director,
Chairman of the Nuclear Regulatory Commission, Administrator, Secretary of
Labor, Secretary of Energy, and the Director of the National Institute of
Environmental Health Sciences, in conjunction with the heads of other Federal
departments, agencies, and instrumentalities, shall review periodically
all emergency response and preparedness training programs of the Federal
department, agency, or instrumentality which such person heads for the
purpose of minimizing duplication of effort and expense of such departments,
agencies, and instrumentalities in carrying out such training programs
and shall take such actions, including coordination of training programs,
as may be necessary to minimize such duplication of effort and expense.
`(h) FEES FOR TRAINING AND PLANNING-
`(1) ESTABLISHMENT AND COLLECTION- Not later than [September 30, 1992,]
the Secretary shall establish and assess by regulation and collect an
annual fee from each person who is required by or under section 106 to
file a registration statement.
`(2) FACTORS FOR DETERMINING AMOUNT OF FEES- Subject to paragraph (3),
the amount of annual fees to be collected under this subsection shall be
determined by the Secretary based on 1 or more of the following factors:
`(A) The gross revenues from transportation of hazardous materials.
`(B) The types of hazardous materials transported or caused to be
transported.
`(C) The quantities of hazardous material transported or caused to be
transported.
`(D) The number of shipments of hazardous materials.
`(E) The number of activities which the person carries out and for which
filing of a registration statement is required by or under section 106.
`(F) The threat to property, persons, and the environment from an accident
or incident involving the hazardous materials transported or caused to
be transported.
`(G) The percentage of gross revenues which are derived from the
transportation of hazardous materials.
`(H) The amount of funds which are to be made available to carry out this
section and section 118.
`(I) Such other factors as the Secretary considers appropriate.
`(3) LIMITATIONS ON FEE AMOUNTS-
`(A) Maximum and minimum amount- Subject to subparagraph (B), the amount
of a fee which may be collected from a person under this section in a year
may not be less than $250 and may not exceed $5,000.
`(B) ADJUSTMENTS- The Secretary shall adjust the amount of fees being
collected from persons under this section to reflect any unspent balances
in the account established under paragraph (6); except that nothing in
this subsection shall be construed as requiring the Secretary to refund
any fees collected under this subsection.
`(4) TREATMENT OF FEES- Fees collected under this subsection shall be in
addition to any fees which the Secretary may collect under section 106.
`(5) TRANSFER TO SECRETARY OF TREASURY- The Secretary shall transfer to
the Secretary of the Treasury amounts collected under this subsection for
deposit in the account established under paragraph (6).
`(6) USE OF AMOUNTS-
`(A) ESTABLISHMENT OF ACCOUNT- The Secretary of the Treasury shall establish
in the Treasury an account into which the Secretary of the Treasury shall
deposit amounts transferred by the Secretary of Transportation under
paragraph (5).
`(B) PURPOSES- Amounts in the account established under subparagraph (A)
shall be available, without further appropriation--
`(i) for making grants under this section and section 118,
`(ii) for monitoring and providing technical assistance under subsection
(g)(7), and
`(iii) for paying the administrative costs of carrying out this section
and section 118, but not to exceed 10 percent of the amounts made available
from the account in any fiscal year.
`(i) FUNDING-
`(1) PLANNING GRANTS- There shall be available to the Secretary for carrying
out subsection (a), from amounts in the account established pursuant to
subsection (h), $5,000,000 per fiscal year for each of fiscal years 1993,
1994, 1995, 1996, 1997, and 1998.
`(2) TRAINING GRANTS- There shall be available to the Secretary for carrying
out subsection (b), from amounts in the account established pursuant to
subsection (h), $7,800,000 per fiscal year for each of fiscal years 1993,
1994, 1995, 1996, 1997, and 1998.
`(3) CURRICULUM-
`(A) FROM GENERAL REVENUES- There is authorized to be appropriated to
the Secretary to carry out subsection (g) (other than paragraph (7))
$1,000,000 per fiscal year for each of fiscal years 1991 and 1992.
`(B) FROM FEE ACCOUNT- There shall be available to the Secretary to carry
out subsection (g) (other than paragraph (7)), from amounts in the account
established pursuant to subsection (h), $1,000,000 per fiscal year for
each of fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.
`(C) TRANSFERS- The Secretary may transfer from amounts made available
under this paragraph such amounts as may be necessary to the Director to
carry out subsection (g)(6), relating to dissemination of the curriculum.
`(4) MONITORING AND TECHNICAL ASSISTANCE- There shall be available for
carrying out subsection (g)(7), from amounts in the account established
pursuant to subsection (h)--
`(A) to each of the Secretary, Director, Administrator, and Secretary of
Energy $750,000; and
`(B) to the Director of the National Institute of Environmental Health
Sciences $200,000;
per fiscal year for each of fiscal years 1993, 1994, 1995, 1996, 1997,
and 1998.
`(5) AVAILABILITY- Funds made available pursuant to this subsection shall
remain available until expended.'.

e0a6bde4e037880d5a0cb15d51accfe04079647697b2864e0ccc9a5282faab29

The Act (49 U.S.C. App. 1801-1813), as amended by section 17 of this Act,
is further amended by adding at the end the following new section:
`SEC. 118. HAZMAT EMPLOYEE TRAINING GRANT PROGRAM.
`(a) GRANT PURPOSES- Grants for training and education of hazmat employees
regarding the safe loading, unloading, handling, storage, and transportation
of hazardous materials and emergency preparedness for responding to accidents
or incidents involving the transportation of hazardous materials in order
to meet the requirements issued under section 106(b) may be made under
this section.
`(b) ADMINISTRATION- Grants under this section shall be administered by
the National Institute of Environmental Health Sciences in consultation
with the Secretary, the Administrator, and the Secretary of Labor.
`(c) GRANT RECIPIENTS- Grants under this section shall be awarded to
nonprofit organizations which demonstrate expertise in implementing
and operating training and education programs for hazmat employees and
demonstrate the ability to reach and involve in training programs target
populations of hazmat employees.
`(d) FUNDING- There shall be available to the Director of the National
Institute of Environmental Health Sciences to carry out this section, from
amounts in the account established pursuant to section 117(h), $250,000
per fiscal year for each of fiscal years 1993, 1994, 1995, 1996, 1997,
and 1998.'.

f8c529401b2ef5bbbbb2924d2c9c68a62df76982208af7cf11939f426f63ed74

The Act (49 U.S.C. App. 1801 et seq.), as amended by section 18 of this Act,
is further amended by adding at the end the following new section:
`SEC. 119. RAILROAD TANK CARS.
`(a) PROHIBITIONS FOR CERTAIN MATERIALS- No railroad tank car constructed
before January 1, 1971, may be used for the transportation in commerce
of any class A or B explosives, any hazardous material which has been
designated by the Secretary as toxic by inhalation, or any other hazardous
material the Secretary determines should be subject to such requirement,
unless the air brake equipment support attachments of such tank car at
a minimum comply with the standards for attachments set forth in part
179.100-16 and part 179.200-19 of title 49, Code of Federal Regulations,
as in effect on the date of enactment of this section.
`(b) APPLICABILITY TO OTHER MATERIALS- No railroad tank car constructed
before January 1, 1971, may be used for the transportation in commerce of any
hazardous material after July 1, 1991, unless the air brake equipment support
attachments of such tank car comply with the standards for attachments set
forth in part 179.100-16 and part 179.200-19 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of this section.'.

2827ed4a4d0963a68345e8e150b94cc80b84f7daf804aa0e7ab8a69b65b217db

The Act (49 U.S.C. App. 1801-1813), as amended by section 19 of this Act,
is further amended by adding at the end thereof the following new section:
`SEC. 120. APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO FEDERAL CONTRACTORS.
`Any person who, under contract with any department, agency, or
instrumentality of the executive, legislative, or judicial branch of the
Federal government, transports, or causes to be transported or shipped,
a hazardous material or manufacturers, fabricates, marks, maintains,
reconditions, repairs, or tests a package or container which is represented,
marked, certified, or sold by such person as qualified for use in the
transportation of hazardous materials shall be subject to and comply with all
provisions of this title, all orders and regulations issued under this title,
and all other substantive and procedural requirements of Federal, State,
and local governments and Indian tribes (except any such requirements that
have been preempted by this title or any other Federal law), in the same
manner and to the same extent as any person engaged in such activities
that are in or affect commerce is subject to such provisions, orders,
regulations, and requirements.'.

8dad333044f72f64a3568d7332a6ae581901b8a978ccb40cd0fbede69a85f6bb

(a) STUDY- The Secretary of Transportation shall enter into a contract
with an appropriate disinterested expert body for a study of--
(1) the railroad tank car design process, including specifications
development, design approval, repair process approval, repair accountability,
and the process by which designs and repairs are presented, weighted,
and evaluated, and
(2) railroad tank car design criteria, including whether headshields should
be installed on all tank cars which carry hazardous materials.
In carrying out the study described in paragraph (1), such expert body
shall also make recommendations as to whether public safety considerations
require greater control by and input from the Secretary with respect to the
railroad tank car design process, especially in the early stages, and such
other recommendations as such expert body considers appropriate.
(b) REPORT- The Secretary of Transportation shall report the results of
such study and such recommendations to the Congress within 1 year after
the date of enactment of this Act.

af19caeddec4e2979bbe9ff6ac730a98599113a433e81f6d5f32943f1b5931a9

AND PROCEDURES.
The Act (49 U.S.C. App. 1801-1813), as amended by section 20 of this Act,
is further amended by adding at the end the following new section:
`SEC. 121. UNIFORMITY OF STATE MOTOR CARRIER REGISTRATION AND PERMITTING
FORMS AND PROCEDURES.
`(a) WORKING GROUP- As soon as practicable after the date of the enactment
of this section, the Secretary shall establish a working group comprised
of State and local government officials, including representatives of the
National Governors' Association, the National Association of Counties,
the National League of Cities, the United States Conference of Mayors,
and the National Conference of State Legislatures, for the purpose of--
`(1) establishing uniform forms and procedures for States that register
persons who transport, cause to be transported, or ship a hazardous material,
by motor vehicle; and
`(2) determining whether or not to limit the filing of any State registration
forms and collection of fees therefor to the State in which a person
resides or has its principal place of business.
`(b) CONSULTATION REQUIREMENT- The working group established under this
section shall consult with persons who are subject to the registration
requirements described in subsection (a) in establishing uniform forms
and procedures and making the determination described in subsection (a).
`(c) REPORT- The working group established under this section shall transmit
a final report to the Secretary and to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Public Works and
Transportation of the House of Representatives not later than 36 months after
the date of the enactment of this section. The final report shall contain
a detailed statement of the findings and conclusions of the working group,
together with its joint recommendations concerning the matters referred
to in subsection (a).
`(d) REGULATIONS-
`(1) GENERAL RULE- Subject to the provisions of this subsection, the
Secretary shall issue regulations implementing those recommendations
contained in the report transmitted to the Secretary under subsection (c)
with which the Secretary agrees.
`(2) DEADLINE- Regulations required to be issued by this subsection shall
be issued by the later of the following dates:
`(A) The last day of the 3-year period beginning on the date the
organizations referred to in subsection (a) transmit their final joint
report to the Secretary.
`(B) The last day of the 90-day period beginning on the date on which 26
or more States adopt all of such recommendations.
`(3) NO LIMIT OF AMOUNT OF FEES- Regulations issued under this section
shall not define or limit the amounts of any fees which may be imposed or
collected by any State.
`(e) UNIFORMITY- A regulation issued pursuant to this section shall take
effect 1 year after the date of its issuance; except that the Secretary
may extend such 1-year period for an additional 1-year period for good
cause. After the effective date of such regulation, no State shall establish,
maintain, or enforce any requirement which relates to the subject matter
of such regulation unless such requirement is the same as such regulation.
`(f) IMPLEMENTATION EFFICIENCY- The Secretary, in consultation with the
working group established under this section, shall develop a procedure
to eliminate any differences in State implementation of regulations issued
pursuant to this section.
`(g) APPLICABILITY OF ADVISORY COMMITTEE ACT- The working group established
under this section shall not be subject to the Federal Advisory Committee
Act.
`(h) AUTHORIZATION OF APPROPRIATION- There is authorized to be appropriated
for carrying out this section $400,000 per fiscal year for each of
fiscal years 1991, 1992, and 1993. Such sums shall remain available until
expended.'.

61656c6b582dea6866d3d8bf8b982d558b68fe2fe9a0792ff38e72769b22c168

Section 30(b)(2) of the Motor Carrier Act of 1980 (49 U.S.C. 10927 note)
is amended to read as follows:
`(2) HAZARDOUS MATERIALS TRANSPORTATION-
`(A) GENERAL RULE- Except as provided in subparagraphs (B) and (C), the
minimal level of financial responsibility established by the Secretary
under paragraph (1) of this subsection for any vehicle transporting in
interstate or intrastate commerce--
`(i) hazardous substances (as defined by the Administrator of the
Environmental Protection Agency) in cargo tanks, portable tanks, or
hopper-type vehicles, with capacities in excess of 3,500 water gallons,
`(ii) in bulk class A explosives, poison gas, liquefied gas, or compressed
gas, or
`(iii) large quantities of radioactive materials,
shall not be less than $5,000,000.
`(B) PHASE-IN REDUCTION- The Secretary, by regulation, may reduce the
$5,000,000 amount under subparagraph (A) (but not to an amount less than
$1,000,000) for any class of vehicles or operations for the 3 1/2 -year
period beginning on the effective date of the regulations issued under
this subsection or any part of such period if the Secretary finds that
such reduction will not adversely affect public safety and will prevent
a serious disruption in transportation service.
`(C) TERRITORY REDUCTION- The Secretary, by regulation, may reduce the
$5,000,000 amount under subparagraph (A) (but not to an amount less
than $1,000,000) for transportation described in subparagraph (A) in the
Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam,
and the Commonwealth of the Northern Mariana Islands if the chief executive
officer of such territory requests the reduction and if the reduction will
not adversely affect public safety, will prevent a serious disruption
in transportation service, and insurance at the $5,000,000 level is not
readily available.'.

3ad8151a525f5bf13b4388954aa695e0abe1059a12fea428446826bdc38404a0

Section 210 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2509)
is amended by adding at the end the following new subsection:
`(g) FEDERALLY LEASED COMMERCIAL MOTOR VEHICLES- Any State which receives
Federal financial assistance under section 402 of the Surface Transportation
Assistance Act of 1982 in a fiscal year may apply and enforce in such fiscal
year any regulations pertaining to commercial motor vehicle safety adopted
by such State with respect to commercial motor vehicles and operators
leased to the United States.'.

e078754e005377d84456765359c018c54527527b26ea0d362f0fa9becd3a6454

(a) RULEMAKING PROCEEDING-
(1) INITIATION- In order to develop methods of improving the current system
of identifying hazardous materials being transported in vehicles for
safeguarding the health and safety of persons responding to emergencies
involving such hazardous materials and the public and to facilitate the
review and reporting process required by subsection (d), the Secretary of
Transportation shall initiate a rulemaking proceeding not later than 30
days after the date of the enactment of this Act.
(2) PRIMARY PURPOSES- The primary purposes of the rulemaking proceeding
initiated under this subsection are--
(A) to determine methods of improving the current system of placarding
vehicles transporting hazardous materials; and
(B) to determine methods for establishing and operating a central reporting
system and computerized telecommunications data center described in
subsection (b)(1).
(3) METHODS OF IMPROVING PLACARDING SYSTEM- The methods of improving
the current system of placarding to be considered under the rulemaking
proceeding initiated under this subsection shall include methods to make
such placards more visible, methods to reduce the number of improper and
missing placards, alternative methods of marking vehicles for the purpose
of identifying the hazardous materials being transported, methods of
modifying the composition of placards in order to ensure their resistance to
flammability, methods of improving the coding system used with respect to
such placards, identification of appropriate emergency response procedures
through symbols on placards, and whether or not telephone numbers of
any continually monitored telephone systems which are established under
the Hazardous Materials Transportation Act are displayed on vehicles
transporting hazardous materials.
(4) COMPLETION OF RULEMAKING PROCEEDING WITH RESPECT TO REPORTING SYSTEM
AND DATA CENTER- Not later than 19 months after the date of the enactment
of this Act, the Secretary of Transportation shall complete the rulemaking
proceeding initiated with respect to the central reporting system and
computerized telecommunications data center described in subsection (b).
(5) FINAL RULE WITH RESPECT TO PLACARDING- Not later than 30 months after
the date of the enactment of this Act, the Secretary of Transportation
shall issue a final rule relating to improving the current system for
placarding vehicles transporting hazardous materials.
(b) CENTRAL REPORTING SYSTEM AND COMPUTERIZED TELECOMMUNICATIONS DATA
CENTER STUDY-
(1) ARRANGEMENTS WITH NATIONAL ACADEMY OF SCIENCES- Not later than 30 days
after the date of the enactment of this Act, the Secretary of Transportation
shall undertake to enter into appropriate arrangements with the National
Academy of Sciences to conduct a study of the feasibility and necessity
of establishing and operating a central reporting system and computerized
telecommunications data center that is capable of receiving, storing, and
retrieving data concerning all daily shipments of hazardous materials,
that can identify hazardous materials being transported by any mode of
transportation, and that can provide information to facilitate responses to
accidents and incidents involving the transportation of hazardous materials.
(2) CONSULTATION AND REPORT- In entering into any arrangements with the
National Academy of Sciences for conducting the study under this section, the
Secretary of Transportation shall request the National Academy of Sciences--
(A) to consult with the Department of Transportation, the Department
of Health and Human Services, the Environmental Protection Agency, the
Federal Emergency Management Agency, and the Occupational Safety and Health
Administration, shippers and carriers of hazardous materials, manufacturers
of computerized telecommunications systems, State and local emergency
preparedness organizations (including law enforcement and firefighting
organizations), and appropriate international organizations in conducting
such study; and
(B) to submit, not later than 19 months after the date of the enactment
of this Act, to the Secretary, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committees on Energy and Commerce
and Public Works and Transportation of the House of Representatives a
report on the results of such study.
Such report shall include recommendations of the National Academy of Sciences
with respect to establishment and operation of a central reporting system
and computerized telecommunications data center described in paragraph (1).
(3) AUTHORIZATION OF APPROPRIATION- In addition to amounts authorized
under section 115 of the Hazardous Materials Transportation Act, there is
authorized to be appropriated to the Secretary of Transportation to carry
out this subsection $350,000.
(c) ADDITIONAL PURPOSES OF RULEMAKING PROCEEDING AND STUDY- Additional
purposes of the rulemaking proceeding initiated under subsection (a) with
respect to a central reporting system and computerized telecommunications
data center described in subsection (b) and the study conducted under
subsection (b) are--
(1) to determine whether such a system and center should be established
and operated by the United States Government or by a private entity,
either on its own initiative or under contract with the United States;
(2) to determine, on an annualized basis, the estimated cost for
establishing, operating, and maintaining such a system and center and for
carrier and shipper compliance with such a system;
(3) to determine methods for financing the cost of establishing, operating,
and maintaining such a system and center;
(4) to determine projected safety benefits of establishing and operating
such a system and center;
(5) to determine whether or not shippers, carriers, and handlers of
hazardous materials, in addition to law enforcement officials and persons
responsible for responding to emergencies involving hazardous materials,
should have access to such system for obtaining information concerning
shipments of hazardous materials and technical and other information and
advice with respect to such emergencies;
(6) to determine methods for ensuring the security of the information and
data stored in such a system;
(7) to determine types of hazardous materials and types of shipments for
which information and data should be stored in such a system;
(8) to determine the degree of liability of the operator of such a system
and center for providing incorrect, false, or misleading information;
(9) to determine deadlines by which shippers, carriers, and handlers
of hazardous materials should be required to submit information to the
operator of such a system and center and minimum standards relating to
the form and contents of such information;
(10) to determine measures (including the imposition of civil and criminal
penalties) for ensuring compliance with the deadlines and standards referred
to in paragraph (9); and
(11) to determine methods for accessing such a system through mobile
satellite service or other technologies having the capability to provide
2-way voice, data, or facsimile services.
(d) REVIEW AND REPORT TO CONGRESS-
(1) IN GENERAL- Not later than 25 months after the date of the enactment
of this Act, the Secretary of Transportation shall review the report of the
National Academy of Sciences submitted under subsection (b) and the results
of rulemaking proceeding initiated under subsection (a) with respect to a
central reporting system and computerized telecommunications data center
and shall prepare and submit to Congress a report summarizing the report
of the National Academy of Sciences and the results of such rulemaking
proceeding, together with the Secretary's recommendations concerning the
establishment and operation of such a system and center and the Secretary's
recommendations concerning implementation of the recommendations contained
in the report of the National Academy of Sciences.
(2) WEIGHT TO BE GIVEN TO RECOMMENDATIONS OF NAS- In conducting the review
and preparing the report under this subsection, the Secretary shall give
substantial weight to the recommendations contained in the report of the
National Academy of Sciences submitted under subsection (b).
(3) INCLUSION OF REASONS FOR NOT FOLLOWING RECOMMENDATIONS- If the Secretary
does not include in the report prepared for submission to Congress under
this subsection a recommendation for implementation of a recommendation
contained in the report of the National Academy of Sciences submitted under
subsection (b), the Secretary shall include in the report to Congress under
this subsection the Secretary's reasons for not recommending implementation
of the recommendation of the National Academy of Sciences.

adec8920b4fab99921529142667f59f020f389396e352673ba9531bff56d226f

(a) RULEMAKING PROCEEDING- Not later than 90 days after the date of the
enactment of this Act, the Secretary of Transportation shall initiate a
rulemaking proceeding on the feasibility, necessity, and safety benefits
of requiring carriers involved in the hazardous materials transportation
industry to establish continually monitored telephone systems equipped
to provide emergency response information and assistance with respect to
accidents and incidents involving hazardous materials. Additional objectives
of such proceeding shall be to determine which hazardous materials, if any,
should be covered by such a requirement and which segments of such industry
(including persons who own and operate motor vehicles, trains, vessels,
aircraft, and in-transit storage facilities) should be covered by such
a requirement.
(b) COMPLETION OF PROCEEDING- Not later than 30 months after the date of
the enactment of this Act, the Secretary of Transportation shall complete
the proceeding under this section and may issue a final rule relating
to establishment of continually monitored telephone systems described in
subsection (a).

6cd820bd82393801470a0cb5049dc3fccace2e43b789e442276383fbe7a1e279

Not later than 90 days after the date of the enactment of this Act, the
Secretary of Transportation shall transmit to Congress a report on--
(1) the safety benefits of a law which provides that if a person causes
a hazardous material to be transported in bulk in commerce by a motor
carrier, which is involved in a hazardous material incident and which has
an unsatisfactory safety rating issued by the Secretary or which has a
conditional safety rating issued by the Secretary which has been in effect
for a period of more than 12 months, such person shall be liable for
at least 50 percent of the costs, damages, and attorney's fees assessed
against the motor carrier for any hazardous material incident involving
such transportation;
(2) such other systems as the Secretary of Transportation may determine
would assure responsible actions by a person who causes the transportation
of hazardous material in bulk in commerce; and
(3) the safety benefits of a law which provides that the liability of the
person or persons who caused such a shipment of hazardous materials may
not be transferred by indemnification, hold harmless, or similar agreements.

9033d35a1495bd98da0a3179a2dc4702e1d9e245872bc9b6520e18d7863b4c68

(a) AMENDMENT OF SECTION 206(a) OF FRSA- Section 206(a) of the Federal
Railroad Safety Act of 1970 (45 U.S.C. 435(a)) is amended--
(1) by inserting `related to railroad safety' after `standard prescribed';
(2) by striking `under this title' the first place it appears;
(3) by striking `established under this title' in paragraph (2); and
(4) by striking `prescribed by the Secretary under section 202(a) of
this title' and inserting `relating to railroad safety prescribed by
the Secretary'.
(b) AMENDMENT OF SECTION 206(b) OF FRSA- Section 206(b) of the Federal
Railroad Safety Act of 1970 (45 U.S.C. 435(b)) is amended by striking
`prescribed by him under section 202(a) of this title' and inserting
`relating to railroad safety prescribed by the Secretary'.
(c) AMENDMENT OF SECTION 206(f) OF FRSA- Section 206(f) of the Federal
Railroad Safety Act of 1970 (45 U.S.C. 435(f)) is amended by striking
`under this title'.
(d) AMENDMENT TO SECTION 206 OF FRSA- Section 206 of the Federal Railroad
Safety Act of 1970 (45 U.S.C. 435) is amended by adding at the end the
following:
`(h) There is authorized to be appropriated for carrying out this section
$5,000,000 per fiscal year for each of fiscal years 1991, 1992, and 1993.'.
(e) AMENDMENT OF SECTION 207(a)(1) OF FRSA- Section 207(a)(1) of the
Federal Railroad Safety Act of 1970 (45 U.S.C. 436(a)(1)) is amended--
(1) by striking `under section 209 of this title with respect'; and
(2) by striking `issued under this title or under any law transferred by
section 6(e)(1), (e)(2), or (e)(6)(A) of the Department of Transportation
Act'.
(f) AMENDMENT OF SECTION 210(a) OF FRSA- Section 210(a) of the Federal
Railroad Safety Act of 1970 (45 U.S.C. 439(a)) is amended by striking `this
title or to enforce rules, regulations, orders, or standards established
under this title' and inserting `or to enforce rules, regulations, orders,
or standards relating to railroad safety'.©

a8e112d252a58f7e7aaf3b1364dfc34c8052c3c013fc9c037389dec172bea23c

Not later than 18 months after the date of enactment of this Act, the
Secretary of Labor, in consultation with the Secretary of Transportation
and the Secretary of the Treasury, shall issue under section 6(b) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)) standards
requiring any employer who receives a package, container, motor vehicle,
rail freight car, aircraft, or vessel which contains a hazardous material
and which is required to be marked, placarded, or labeled in accordance
with regulations issued under the Hazardous Materials Transportation Act to
retain the markings, placards, and labels, and any other information as may
be required by such regulations on the package, container, motor vehicle,
rail freight car, aircraft, or vessel, until the hazardous materials have
been removed therefrom.

bc902e4993a79465a32eba750a8565dbe943b1897ace469b80d68b95fc5e5a2e

Nothing in this Act, including the amendments made by this Act, shall
be construed to alter, amend, modify, or otherwise affect the scope of
section 205 of the Federal Railroad Safety Act of 1970.

50e6ce5b90bd30aad8b2aef546fc1b00ca4edc68b177eededc2b6fd9a9dc01f7

(a) GENERAL RULE- Except as provided in this Act, this Act (including the
amendments made by this Act) shall take effect on the date of the enactment
of this Act.
(b) CONTINUATION OF EXISTING REGULATIONS- Any regulation or ruling issued
before the date of the enactment of this Act pursuant to the Hazardous
Materials Transportation Act and any authority granted under such a
regulation shall continue in effect according to its terms until repealed,
terminated, amended, or modified by the Secretary of Transportation or a
court of competent jurisdiction.
Attest:
Clerk.
S 2936 EAH----2
S 2936 EAH----3
S 2936 EAH----4
S 2936 EAH----5
S 2936 EAH----6

4eae1a95139acda55bfb75d9d02cc75b98965dbc7a7f9157efb7ba9a77204ea8

Hazardous Materials Transportation Safety Improvement Act of 1990 — S. 2936

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