Page:United States Statutes at Large Volume 108 Part 2.djvu/46

 108 STAT. 762 PUBLIC LAW 103-272—JULY 5, 1994 (2) hazardous material is present in a package, container, motor vehicle, rail freight car, aircraft, or vessel only if the material is present. (b) TAMPERING.— A person may not alter, remove, destroy, or otherwise tamper unlawfully with— (1) a marking, label, placard, or description on a document required under this chapter or a regulation prescribed under this chapter; or (2) a package, container, motor vehicle, rail freight car, aircraft, or vessel used to transport hazardous material. § 5105. Transporting certain highly radioactive material (a) DEFINITIONS.— In this section, "high-level radioactive waste" and "spent nuclear fuel" have the same meanings given those terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (b) TRANSPORTATION SAFETY STUDY.—In consultation with the Secretary of Energy, the Nuclear Regulatory Commission, potentially affected States and Indian tribes, representatives of the rail transportation industry, and shippers of high-level radioactive waste and spent nuclear fuel, the Secretary of Transportation shall conduct a study comparing the safety of using trains operated only to transport high-level radioactive waste and spent nuclear fuel with the safety of using other methods of rail transportation for Reports. transporting that waste and fuel. The Secretary of Transportation shall submit to Congress not later than November 16, 1991, a report on the results of the study. (c) SAFE RAIL TRANSPORTATION REGULATIONS. — Not later than November 16, 1992, after considering the results of the study conducted under subsection (b) of this section, the Secretary of Transportation shall prescribe amendments to existing regulations that the Secretary considers appropriate to provide for the safe rail transportation of high-level radioactive waste and spent nuclear fuel, including trains operated only for transporting high-level radioactive waste and spent nuclear fuel. (d) ROUTES AND MODES STUDY. —Not later than November 16, 1991, the Secretary of Transportation shall conduct a study to decide which factors, if any, shippers and carriers should consider when selecting routes and modes that would enhance overall public safety related to the transportation of high-level radioactive waste and spent nuclear fuel. The study shall include— (1) notice and opportunity for public comment; and (2) an assessment of the degree to which at least the following affect the overall public safety of the transportation: (A) population densities. (B) types and conditions of modal infrastructures (including highways, railbeds, and waterways). (C) quantities of high-level radioactive waste and spent nuclear fuel. (D) emergency response capabilities. (E) exposure and other risk factors. (F) terrain considerations. (G) continuity of routes. (H) available alternative routes. (I) environmental impact factors. Regulations. (e) INSPECTIONS OF MOTOR VEHICLES TRANSPORTING CERTAIN MATERIAL.—(1) Not later than November 16, 1991, the Secretary

�