Page:United States Statutes at Large Volume 100 Part 4.djvu/458

 100 STAT. 3207-179

PUBLIC LAW 99-570—OCT. 27, 1986

State which issued the driver's license which authorized such person to operate such vehicle. (2) SATISFACTION OF STATE DISQUALIFICATION.—For purposes of

paragraph (1), suspension, revocation, or cancellation of a driver's license which authorizes a person to operate a commercial motor vehicle by a State shall be treated as disqualification of such person from operating such vehicle, (f) BLOOD ALCOHOL CONCENTRATION LEVEL.— * ~^:ii)(1) STUDY.— 7 3J (A) NATIONAL ACADEMY OF SCIENCES.—Not

later than 30 days after the date of the enactment of this title, the Secretary shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the appropriateness of reducing the .^ blood alcohol concentration level at or above which a »l person when operating a commercial motor vehicle is deemed to be driving while under the influence of alcohol p y from 0.10 to 0.04 percent. (B) REPORT.—In entering into any arrangements with the j^., National Academy of Sciences for conducting the study under this subsection, the Secretary shall request the National Academy of Sciences to submit, not later than 1 year ,,^^ after the date of the enactment of this title, to the Secretary a report on the results of such study. (2) RULEMAKING.—Not later than 1 year after the date of the enactment of this title, the Secretary shall commence a rulemaking to determine whether or not, for purposes of this section and section 12009 of this Act, the blood alcohol concentration level at or above which a person when operating a commercial motor vehicle is deemed to be driving while under the influence of alcohol should be reduced from 0.10 to 0.04 percent (or some other percentage less than 0.10). (3) ISSUANCE OF RULE.—Not later than 2 years after the date of the enactment of this title, the Secretary shall issue a rule which establishes, for purposes of this section and section 12009 of this Act, the blood alcohol concentration level at or above which a person when operating a commercial motor vehicle shall be deemed to be driving while under the influence of alcohol at 0.10 percent or such lesser percentage as the Secretary determines appropriate. (4) FAILURE OF THE SECRETARY TO ISSUE RULE.—If the Secretary

does not issue a rule described in paragraph (3) in the 2-year period beginning on the date of the enactment of this title, for purposes of this section and section 12009 of this Act, the blood alcohol concentration level at or above which a person operating a commercial motor vehicle shall be deemed to be driving while under the influence of alcohol shall be 0.04 percent. 49 USC app. 2708

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SEC. 12009. REQUIREMENTS FOR STATE PARTICIPATION.

(a) IN GENERAL.—In order not to have funds withheld under section 12011 from apportionment, each State shall comply with the following requirements: (1) TESTING PROGRAM.—The State shall adopt and administer ivi a program for testing and ensuring the fitness of persons to operate commercial motor vehicles in accordance with all of the minimum Federal standards established by the Secretary under .::. section 12005(a).

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