104 STAT. 3276 PUBLIC LAW 101-615—NOV. 16, 1990 reasons for not recommending implementation of the recommendation of the National Academy of Sciences. 49 USC app. SEC. 26. CONTINUALLY MONITORED TELEPHONE SYSTEMS. (a) RULEMAKING PROCEEDING.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Transportation shall initiate a rulemaking proceeding on the fesisibility, necessity, and safety benefits of requiring carriers involved in the hazardous materials transportation industry to establish continually monitored telephone systems equipped to provide emergency response information and assistance with respect to accidents and incidents involving heizardous materials. Additional objectives of such proceeding shall be to determine which hazardous materials, if any, should be covered by such a requirement and which segments of such industry (including persons who own and operate motor vehicles, trains, vessels, aircraft, and in-transit storage facilities) should be covered by such a requirement. (h) COMPLETION OF PROCEEDING.—Not later than 30 months after the date of the enactment of this Act, the Secretary of Transportation shall complete the proceeding under this section and may issue a final rule relating to establishment of continually monitored telephone systems described in subsection (a). SEC. 27. SHIPPER RESPONSIBILITY REPORT. Not later than 90 days after the date of the enactment of this Act, the Secretary of Transportation shall transmit to Congress a report on— (1) the safety benefits of a law which provides that if a person causes a hazardous material to be transported in bulk in commerce by a motor carrier, which is involved in a hazardous material incident and which has an unsatisfactory safety rating issued by the Secretary or which has a conditional safety rating issued by the Secretary which has been in effect for a period of more than 12 months, such person shall be liable for at least 50 percent of the costs, damages, and attorney's fees assessed against the motor carrier for any hazardous material incident involving such transportation; (2) such other systems as the Secretary of Transportation may determine would assure responsible actions by a person who causes the transportation of hazardous material in bulk in commerce; and (3) the safety benefits of a law which provides that the liability of the person or persons who caused such a shipment of hazardous materials may not be transferred by indemnification, hold harmless, or similar agreements. SEC. 28. STATE PARTICIPATION IN INVESTIGATIONS AND SURVEILLANCE. (a) AMENDMENT OF SECTION 206(a) OF FRSA.— Section 206(a) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 435(a)) is amended— (1) by inserting "related to railroad safety" after "standard prescribed"; (2) by striking "under this title" the first place it appears; (3) by striking "established under this title" in paragraph (2); and (4) by striking "prescribed by the Secretary under section 202(a) of this title and inserting "relating to railroad safety prescribed by the Secretary".
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