Page:United States Statutes at Large Volume 108 Part 2.djvu/965

 PUBLIC LAW 103-311—AUG. 26, 1994 108 STAT. 1681 exemption is delayed, along with an estimate of the additional time necessary before the decision is made.". (b) DECISIONS ON PREEMPTION. —Section 5125(d) (relating to Federal decisions on preemption) is amended by inserting immediately after 5^^^[-o„ the second sentence the following: "The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary's decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made.". SEC. 121. STUDY OF HAZARDOUS MATERIALS TRANSPORTATION BY 49 USC 5112 MOTOR CARRIERS NEAR FEDERAL PRISONS. note. (a) STUDY.— The Secretary of Transportation shall conduct a study to determine the safety considerations of transporting hazardous materials by motor carriers in close proximity to Federal prisons, particularly those housing maximum security prisoners. Such study shall include an evaluation of the ability of such facilities and the designated local planning agencies to safely evacuate such prisoners in the event of an emergency and any special training, equipment, or personnel that would be required by such facility and the designated local emergency planning agencies to carry out such evacuation. Such study shall not apply to or address issues concerning rail transportation of hazardous materials. (b) REPORT. —Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on the results of the study conducted under this section, along with the Secretary's recommendations for any legislative or regulatory changes to enhance the safety regarding the transportation of hazardous materials by motor carriers near Federal prisons. SEC. 122. USE OF FIBER DRUM PACKAGING. (a) INITIATION OF RULEMAKING PROCEEDING. — Not later than the 60th day following the date of enactment of this Act, the Secretary of Transportation shall initiate a rulemaking proceeding to determine whether the requirements of section 5103(b) of title 49, United States Code (relating to regulations for safe transportation), as they pertain to open head fiber drum packaging can be met for the domestic transportation of liquid hazardous materials (with respect to those classifications of liquid hazardous materials transported by such drums pursuant to regulations in effect on September 30, 1991) with standards other than the performanceoriented packaging standards adopted under docket number HM- 181 contained in part 178 of title 49, Code of Federal Regulations. (b) ISSUANCE OF STANDARDS. — If the Secretary of Transportation determines, as a result of the rulemaking proceeding initiated under subsection (a), that a packaging standard other than the performance-oriented packaging standards referred to in subsection (a) will provide an equal or greater level of safety for the domestic transportation of liquid hazardous materials than would be provided if such performance-oriented packaging standards were in effect, the Secretary shall issue regulations which implement such other standard and which take effect before October 1, 1996. (c) COMPLETION OF RULEMAKING PROCEEDING. — The rulemaking proceeding initiated under subsection (a) shall be completed before October 1, 1995. 49 USC 5103 note. Regulations.

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