Page:United States Statutes at Large Volume 104 Part 4.djvu/956

 104 STAT. 3272 PUBLIC LAW 101-615—NOV. 16, 1990 Effective date. "(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.—T here 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.". SEC. 23. FINANCIAL RESPONSIBILITY. 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 3y2-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.".

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