Page:United States Statutes at Large Volume 112 Part 1.djvu/442

 112 STAT. 416 PUBLIC LAW 105-178-JUNE 9, 1998 Regulations. 49 USC 31136 note. Regulations. 49 USC 507 note. SEC. 4024. IMPROVED INTERSTATE SCHOOL BUS SAFETY. Not later than 6 months after the date of enactment of this Act, the Secretary shall initiate a rulemaking proceeding to determine whether or not relevant commercial motor carrier safety regulations issued under section 31136 of title 49, United States Code, should apply to all interstate school transportation operations by local educational agencies (as defined in section 14101 of the Elementary and Secondary Education Act of 1965). SEC. 4025. TRUCK TRAILER CONSPICUITY. (a) ISSUANCE OF FINAL RULE.— Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule regarding the conspicuity of trailers manufactured before December 1, 1993. (b) CONSIDERATIONS.— In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum, the following: (1) The cost-effectiveness of any requirement to retrofit trailers manufactured before December 1, 1993. (2) The extent to which motor carriers have voluntarily taken steps to increase equipment visibility. (3) Regulatory flexibility to accommodate differing trailer designs and configurations, such as tank trucks. SEC. 4026. DOT IMPLEMENTATION PLAN. (a) ASSESSMENT. — Not later than 18 months after the date of enactment of this section, the Secretary shall assess the scope of the problem of shippers, freight forwarders, brokers, consignees, or other persons (other than rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers) encouraging violations of chapter 5 of title 49, United States Code, or a regulation or order issued by the Secretary under such chapter. (b) SUBMISSION OF IMPLEMENTATION PLAN. —After completion of the assessment under subsection (a), the Secretary may submit to the Congress a plan for implementing authority (if subsequently provided by law) to investigate and bring civil actions to enforce chapter 5 of title 49, United States Code, or regulations or orders issued by the Secretary under such chapter with respect to persons described in "subsection (a). (c) CONTENTS OF IMPLEMENTATION PLAN. — In developing the implementation plan under subsection (b), the Secretary shall consider, as appropriate— (1) in what circumstances the Secretary would exercise the new authority; (2) how the Secretary would determine that shippers, freight forwarders, brokers, consignees, or other persons committed violations described in subsection (a), including what types of evidence would be conclusive; (3) what procedures would be necessary during investigations to ensure the confidentiality of shipper contract terms prior to the Secretary findings of violations; (4) what impact the exercise of the new authority would have on the Secretary's resources, including whether additional investigative or legal resources would be necessary and whether the staff would need specialized education or training to exercise properly such authority;

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