Page:United States Statutes at Large Volume 109 Part 1.djvu/632

 109 STAT. 616 PUBLIC LAW 104-59—NOV. 28, 1995 (6) the State will only permit employers of deliverers of home heating oil with satisfactory safety records to be covered by the program; and (7) the State will comply with such other criteria as the Secretary determines are necessary to implement the program consistent with this section. (c) PARTICIPATION IN PROGRAM.—Upon approval of an application of a State under this section, the Secretary shall permit the State to participate in the pilot program for an initial period of 15 days during the winter heating season of the State (as determined by the Grovernor and the Secretary). If, after the last day of such 15-day period, the Secretary finds that a State's continued participation in the program is consistent with this section and has resulted in no significant adverse impact on public safety and is in the public interest, the Secretary shall extend the State's participation in the program for periods of up to 30 additional days during such heating season. (d) SUSPENSION FROM PROGRAM.— The Secretary may suspend a State's participation in the pilot program at any time if the Secretary finds— (1) that the State has not complied with any of the criteria for participation in the program under this section; (2) that a State's participation in the program has caused a significant adverse impact on public safety and is not in the public interest; or (3) the existence of an emergency. Rulemaking. (e) REVIEW BY SECRETARY. —Within 90 days after the completion of the pilot program, the Secretary shall initiate a rulemaking to determine, based in part on the results of the program, whether to— (1) permit a State to grant waivers of the regulations referred to in subsection (a) to motor carriers transporting home heating oil within the borders of the State, subject to such conditions as the Secretary may impose, if the Secretary determines that such waivers by the State meet the conditions in section 31136(e) of title 49, United States Code; or (2) amend the regulations referred to in subsection (a) as may be necessary to provide flexibility to motor carriers delivering home heating oil during winter periods of peak demand. (f) DEFINITION. —In this section, the term "7 or 8 consecutive days" has the meaning such term has under section 345 of this Act. 23 USC 154 note. SEC. 347. SAFETY REPORT. Not later than September 30, 1997, the Secretary, in cooperation with any State which raises any speed limit in such State to a level above the level permitted under section 154 of title 23, United States Code, as such section was in effect on September 15, 1995, shall prepare and submit to Congress a study of— (1) the costs to such State of deaths and injuries resulting from motor vehicle crashes; and (2) the benefits associated with the repeal of the national maximum speed limit.

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