Page:United States Statutes at Large Volume 104 Part 4.djvu/942

 104 STAT. 3258 PUBLIC LAW 101-615—NOV. 16, 1990 Regulations. Regulations. Effective date. Regulations. 49 USC app. 1805 note. "(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 rriaterials 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 rev- ^ ocation 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.

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