Page:United States Statutes at Large Volume 104 Part 4.djvu/936

 104 STAT. 3252 PUBLIC LAW 101-615—NOV. 16, 1990 "(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. Motor vehicles. <'(g) EXISTING REGULATIONS RELATING TO RADIOACTIVE MATE- RIALS. —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.— Foreign trade. "(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.". SEC. 5. REPRESENTATION AND TAMPERING. 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

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