
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC5119]

 
                        TITLE 49--TRANSPORTATION
 
              SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
 
            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
 
Sec. 5119. Uniform forms and procedures

    (a) Working Group.--The Secretary of Transportation shall establish 
a working group of State and local government officials, including 
representatives of the National Governors' Association, the National 
Association of Counties, the National League of Cities, the United 
States Conference of Mayors, and the National Conference of State 
Legislatures. The purposes of the working group are--
        (1) to establish uniform forms and procedures for a State--
            (A) to register persons that transport or cause to be 
        transported hazardous material by motor vehicle in the State; 
        and
            (B) to allow the transportation of hazardous material in the 
        State; and

        (2) to decide whether to limit the filing of any State 
    registration and permit forms and collection of filing fees to the 
    State in which the person resides or has its principal place of 
    business.

    (b) Consultation and Reporting.--The working group--
        (1) shall consult with persons subject to registration and 
    permit requirements described in subsection (a) of this section; and
        (2) not later than November 16, 1993, shall submit to the 
    Secretary, the Committee on Commerce, Science, and Transportation of 
    the Senate, and the Committee on Transportation and Infrastructure 
    of the House of Representatives a final report that contains--
            (A) a detailed statement of its findings and conclusions; 
        and
            (B) its joint recommendations on the matters referred to in 
        subsection (a) of this section.

    (c) Regulations on Recommendations.--(1) The Secretary shall 
prescribe regulations to carry out the recommendations contained in the 
report submitted under subsection (b) of this section with which the 
Secretary agrees. The regulations shall be prescribed by the later of 
the last day of the 3-year period beginning on the date the working 
group submitted its report or the last day of the 90-day period 
beginning on the date on which at least 26 States adopt all of the 
recommendations of the report. A regulation prescribed under this 
subsection may not define or limit the amount of a fee a State may 
impose or collect.
    (2) A regulation prescribed under this subsection takes effect one 
year after it is prescribed. The Secretary may extend the one-year 
period for an additional year for good cause. After a regulation is 
effective, a State may establish, maintain, or enforce a requirement 
related to the same subject matter only if the requirement is the same 
as the regulation.
    (3) In consultation with the working group, the Secretary shall 
develop a procedure to eliminate differences in how States carry out a 
regulation prescribed under this subsection.
    (d) Relationship to Other Laws.--The Federal Advisory Committee Act 
(5 App. U.S.C.) does not apply to the working group.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 777; Pub. L. 104-
287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5119(a)...............................  49 App.:1819(a).                 Jan. 3
, 1975, Pub. L. 93-633, 88 Stat.
                                                                          2156,
 Sec.  121(a)-(g); added Nov. 16,
                                                                          1990,
 Pub. L. 101-615, Sec.  22, 104
                                                                          Stat.
 3271; Oct. 24, 1992, Pub. L. 102-
                                                                          508, 
Sec.  507, 106 Stat. 3312.
5119(b)...............................  49 App.:1819(b), (c).
5119(c)(1)............................  49 App.:1819(d).
5119(c)(2)............................  49 App.:1819(e).
5119(c)(3)............................  49 App.:1819(f).
5119(d)...............................  49 App.:1819(g).
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---------------------------------

    In subsection (a), before clause (1), the words ``As soon as 
practicable after November 16, 1990'' are omitted as obsolete.
    In subsection (c)(1), the words ``Subject to the provisions of this 
subsection'' and ``to the Secretary'' are omitted as surplus.

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (d), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.


                               Amendments

    1996--Subsec. (b)(2), Pub. L. 104-287 substituted ``Transportation 
and Infrastructure'' for ``Public Works and Transportation''.

                  Section Referred to in Other Sections

    This section is referred to in sections 5102, 5127 of this title.
