Page:United States Statutes at Large Volume 108 Part 2.djvu/291

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1007 (ii) in bulk of class A explosives, poison gas, liquefied gas, or compressed gas; or (iii) of large quantities of radioactive material. (B) The Secretary of Transportation by regulation may reduce the minimum level in subparagraph (A) of this paragraph (to an amount not less than $1,000,000) for transportation described in subparagraph (A) in any of the territories of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands if— (i) the chief executive officer of the territory requests the reduction; (ii) the reduction will prevent a serious disruption in transportation service and will not adversely affect public safety; and (iii) insurance of $5,000,000 is not readily available. (3) The level of financial responsibility established under paragraph (1) of this subsection for the transportation of a material, oil, substance, or waste not subject to paragraph (2) of this subsection shall be at least $1,000,000. However, if the Secretary of Transportation finds it will not adversely affect public safety, the Secretary by regulation may reduce the amount for— (A) a class of vehicles transporting such a material, oil, substance, or waste in intrastate commerce (except in bulk); and (B) a farm vehicle transporting such a material or substance in interstate commerce (except in bulk). (d) FOREIGN MOTOR CARRIERS AND PRIVATE CARRIERS.— Regula- Regulations tions prescribed under this section may allow foreign motor carriers and foreign motor private carriers (as those terms are defined in section 10530 of this title) providing transportation of property under a certificate of registration issued under section 10530 to meet the minimum levels of financial responsibility under this section only when those carriers are providing transportation for property in the United States. (e) EVIDENCE OF FINANCIAL RESPONSIBILITY. — (1) Subject to paragraph (2) of this subsection, financial responsibility may be established by evidence of one or a combination of the following if acceptable to the Secretary of Transportation: (A) insurance. (B) a guarantee. (C) a surety bond issued by a bonding company authorized to do business in the United States. (D) qualification as a self-insurer. (2) A person domiciled in a country contiguous to the United States and providing transportation to which a minimum level of financial responsibility under this section applies shall have evidence of financial responsibility in the motor vehicle when the person is providing the transportation. If evidence of financial responsibility is not in the vehicle, the Secretary of Transportation and the Secretary of the Treasury shall deny entry of the vehicle into the United States. (f) CIVIL PENALTY. —(1) If, after notice and an opportunity for a hearing, the Secretary of Transportation finds that a person (except an employee acting without knowledge) has knowingly violated this section or a regulation prescribed under this section, the person is liable to the United States Government for a civil

�