PUBLIC lAW 104-88—DEC. 29, 1995 109 STAT. 955 SEC. 339. NOISE CONTROL ACT OF 1972 AMENDMENT. Section 18(d) of the Noise Control Act of 1972 (42 U.S.C. 4917(d)) is amended to read as follows: "(d) For purposes of this section, the term 'motor carrier* includes a motor carrier and motor private carrier as those terms are defined in section 13102 of title 49, United States Code.". SEC. 340. FAIR LABOR STANDARDS ACT OF 1938 AMENDMENT. Section 13(b)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(b)(2)) is amended by striking "common carrier by rail and subject to the provisions of part I of the Interstate Commerce Act" and inserting in lieu thereof "rail carrier subject to part A of subtitle IV of title 49, United States Code". TITLE IV—MISCELLANEOUS PROVISIONS SEC. 401. CERTAIN COMMERCIAL SPACE LAUNCH ACTIVITIES. 42 USC 4332 The licensing of a launch vehicle or launch site operator (including any amendment, extension, or renewal of the license) under chapter 701 of title 49, United States Code, shall not be considered a major Federal action for purposes of section 102(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(C)) if— (1) the Department of the Army has issued a permit for the activity; and (2) the Army Corps of Engineers has found that the activity has no significant impact. SEC. 402. DESTRUCTION OF MOTOR VEHICLES OR MOTOR VEHICLE FACILITIES; WRECKING TRAINS. (a) DESTRUCTION OF MOTOR VEHICLES OR MOTOR VEHICLE FACILITIES.— Section 33 of title 18, United States Code, is amended— (1) by inserting "(a)" before "Whoever" the first place it appears; and (2) by adding at the end the following: "(b) Whoever is convicted of a violation of subsection (a) involving a motor vehicle that, at the time the violation occurred, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12))) or spent nuclear fuel (as that term is defined in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))), shall be fined under this title and imprisoned for any term of years not less than 30, or for life.". (b) WRECKING TRAINS.— Section 1992 of such title is amended— (1) by inserting "(a)" before "Whoever" the first place it appears; (2) by inserting "(b)" before "Whoever is convicted"; (3) striking "an}'^ such crime, which" and inserting "a violation of subsection (a) that"; (4) by inserting after the paragraph beginning "Whoever is convicted" the following: "Whoever is convicted of any such violation involving a train that, at the time the violation occurred, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12))) or spent nuclear
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