§ 5119. — Uniform forms and procedures.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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)
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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.
