Page:United States Statutes at Large Volume 104 Part 4.djvu/932

 104 STAT. 3248 PUBLIC LAW 101-615—NOV. 16, 1990 "(A) GENERAL RULE.—Except as provided in subsection Ob) 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 FED- ERAL 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. Federal "(B) EFFECTIVE DATE OF FEDERAL PREEMPTION.—The SeC- Register, retary shall determine and publish in the Federal Register publication. ^j^g 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

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