Page:United States Statutes at Large Volume 119.djvu/1767

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1749

SEC. 4145. TECHNICAL CORRECTIONS.

(a) INTERMODAL TRANSPORTATION ADVISORY BOARD.—Section 5502(b) of title 49, United States Code, is amended— (1) by striking ‘‘and’’ at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(6) the Federal Motor Carrier Safety Administration.’’. (b) REFERENCE TO AGENCY.—Section 31502(e) of such title is amended— (1) in paragraph (2) by striking ‘‘Regional Director of the Federal Highway Administration’’ and inserting ‘‘Field Administrator of the Federal Motor Carrier Safety Administration’’; and (2) in paragraph (3) by striking ‘‘Regional Director’’ and inserting ‘‘Field Administrator’’. SEC. 4146. EXEMPTION DURING HARVEST PERIODS.

Regulations issued by the Secretary under sections 31136 and 31502 of title 49, United States Code, regarding maximum driving and on-duty time for a driver used by a motor carrier, shall not apply, beginning on the date of enactment of this Act and ending at the end of fiscal year 2009, for the transportation of grapes west of Interstate 81 in the State of New York if such transportation— (1) is during a harvesting period, as determined by the State; and (2) is limited to a 150-air mile radius from where the grapes are picked or distributed. SEC.

4147.

EMERGENCY RESPONSE.

CONDITION

REQUIRING

IMMEDIATE

Grapes. Applicability. Effective date. Termination date. New York.

49 USC 31136 note.

Section 229 of the Motor Carrier Safety Improvement Act of 1999 (as added and amended by section 4115 of this Act) is amended by adding at the end the following: ‘‘(f) EMERGENCY CONDITION REQUIRING IMMEDIATE RESPONSE.— ‘‘(1) PROPANE OR PIPELINE EMERGENCY.—A regulation prescribed under section 31136 or 31502 of title 49, United States Code, shall not apply to a driver of a commercial motor vehicle which is used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency if such regulations would prevent the driver from responding to an emergency condition requiring immediate response. ‘‘(2) DEFINITION.—An emergency condition requiring immediate response is any condition that, if left unattended, is reasonably likely to result in immediate serious bodily harm, death, or substantial damage to property. In the case of propane such conditions shall include (but are not limited to) the detection of gas odor, the activation of carbon monoxide alarms, the detection of carbon monoxide poisoning, and any real or suspected damage to a propane gas system following a severe storm or flooding. An ‘emergency condition requiring an immediate response’ does not include requests to re-fill empty gas tanks. In the case of pipelines such conditions include (but are not limited to) indication of an abnormal pressure event, leak, release or rupture.’’.

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