Page:United States Statutes at Large Volume 104 Part 4.djvu/941

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 101-615—NOV. 16, 1990 104 STAT. 3257 respect to a person who is required to file a registration statement under this subsection the number of applications, documents, and other information which such person is required to file with the Department of Transportation under this title and any other laws of the United States. "(10) DISCLOSURE. — The Secretary shall make a registration statement filed under this subsection available for inspection by any person, for a fee to be established by the Secretary; except that nothing in this sentence shall be considered to require the release of any information described in section 552(f) of title 5, United States Code, or which is otherwise protected by law from disclosure to the public. "(11) FEES. —The Secretary may establish, assess, and collect such fees from persons required to file registration statements by or under this subsection as may be necessary to cover the costs of the Department of Transportation in processing such registration statements. "(12) PROOF OF REGISTRATION AND PAYMENT OF FEES. —The Secretary may issue regulations requiring a person required to file a registration statement by or under this subsection to maintain proof of the filing of such statement and the payment of any fees assessed under this subsection and section 117(h). "(13) APPLICABILITY OF INFORMATION MANAGEMENT REQUIRE- MENTS. —Chapter 35 of title 44, United States Code (relating to coordination of Federal information policy) shall not apply to activities of the Secretary under this subsection. "(14) NONAPPUCABILITY TO EMPLOYEES.— Notwithstanding any other provisions of this subsection, an employee of a hazmat employer is not required to file a registration statement by or under this section. "(15) EXEMPTION OF GOVERNMENT AGENCIES AND EMPLOYEES. — Agencies of the Federal Government, agencies of States, and agencies of political subdivisions of States, and employees of such agencies with respect to their official duties do not have to file registration statements under this subsection. " (d) MOTOR CARRIER SAFETY PERMITS.— "(1) REQUIREMENT.— Except as provided in this subsection, a motor carrier may transport or cause to be transported by motor vehicle in commerce a hazardous material only if the motor carrier holds a safety permit issued by the Secretary under this section authorizing the transportation and keeps a copy of such permit, or other proof establishing the existence of such permit, in the motor vehicle used to provide such transportation. "(2) ISSUANCE.—Except as provided in this subsection, the Secretary shall issue a safety permit to a motor carrier authorizing that carrier to transport or cause to be transported by motor vehicle in commerce a hazardous material if the Secretary finds that the carrier is fit, willing, and able— "(A) to provide the transportation to be authorized by the permit; "(B) to comply with this title and the regulations issued by the Secretary to carry out this title; and "(C) to comply with any applicable Federal motor carrier safety laws and regulations and any applicable Federal minimum financial responsibility laws and regulations.