PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1907
‘‘(c) WILLFUL VIOLATIONS.—For purposes of this section, a person acts willfully when— ‘‘(1) the person has knowledge of the facts giving rise to the violation; and ‘‘(2) the person has knowledge that the conduct was unlawful. ‘‘(d) RECKLESS VIOLATIONS.—For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.’’. SEC. 7122. PREEMPTION.
(a) SUBSTANTIVE DIFFERENCES.—Section 5125(b) is amended— (1) by striking subparagraph (E) of paragraph (1) and inserting the following: ‘‘(E) the designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.’’; and (2) by striking ‘‘prescribes after November 16, 1990. However, the’’ in paragraph (2) and inserting ‘‘prescribes. The’’. (b) DECISIONS ON PREEMPTION.—Section 5125(d)(1) is amended in the first sentence by inserting before the period at the end ‘‘or section 5119(e)’’. (c) WAIVER OF PREEMPTION.—Section 5125(e) is amended in the first sentence by inserting before the period at the end ‘‘or section 5119(b)’’. (d) STANDARDS.—Section 5125 is amended by adding at the end the following: ‘‘(h) APPLICATION OF EACH PREEMPTION STANDARD.—Each standard for preemption in subsection (b), (c)(1), or (d), and in section 5119(b), is independent in its application to a requirement of a State, political subdivision of a State, or Indian tribe. ‘‘(i) NON-FEDERAL ENFORCEMENT STANDARDS.—This section does not apply to any procedure, penalty, required mental state, or other standard utilized by a State, political subdivision of a State, or Indian tribe to enforce a requirement applicable to the transportation of hazardous material.’’. SEC. 7123. JUDICIAL REVIEW.
(a) REPEAL.—Section 5125 (as amended by section 7122 of this Act) is further amended— (1) by striking subsection (f); (2) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively; and (3) in subsection (f) (as so redesignated) by moving paragraph (2) (including subparagraphs (A) through (D)) 2 ems to the left. (b) JUDICIAL REVIEW.—Chapter 51 is amended by redesignating section 5127 as section 5128 and by inserting after section 5126 the following: ‘‘§ 5127. Judicial review ‘‘(a) FILING AND VENUE.—Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of
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