49 U.S.C. § 5109: Motor carrier safety permits

to provide the transportation to be authorized by the permit; to comply with this chapter and regulations the Secretary prescribes to carry out this chapter; and to comply with applicable United States motor carrier safety laws and regulations and applicable minimum financial responsibility laws and regulations. a class A or B explosive; liquefied natural gas; hazardous material the Secretary designates as extremely toxic by inhalation; and a highway-route-controlled quantity of radioactive material, as defined by the Secretary. A motor carrier shall file an application with the Secretary for a safety permit to provide transportation under this section. The Secretary may approve any part of the application or deny the application. The application shall be under oath and contain information the Secretary requires by regulation. After notice and an opportunity for a hearing, the Secretary may amend, suspend, or revoke a safety permit, as provided by procedures prescribed under subsection (e) of this section, when the Secretary decides the motor carrier is not complying with a requirement of this chapter, a regulation prescribed under this chapter, or an applicable United States motor carrier safety law or regulation or minimum financial responsibility law or regulation. If the Secretary decides an imminent hazard exists, the Secretary may amend, suspend, or revoke a permit before scheduling a hearing. application procedures, including form, content, and fees necessary to recover the complete cost of carrying out this section; standards for deciding the duration, terms, and limitations of a safety permit; procedures to amend, suspend, or revoke a permit; and other procedures the Secretary considers appropriate to carry out this section. A person offering hazardous material for motor vehicle transportation in commerce may offer the material to a motor carrier only if the carrier has a safety permit issued under this section authorizing the transportation. A motor carrier may provide transportation under a safety permit issued under this section only if the carrier complies with conditions the Secretary finds are required to protect public safety. the carrier has the opportunity, prior to the denial of such permit, to submit a written description of corrective actions taken and other documentation the carrier wishes the Secretary to consider, including a corrective action plan; and the Secretary determines the actions or plan is insufficient to address the safety concerns identified during the course of the comprehensive review. the list of hazardous materials requiring a safety permit; the number of permits that have been issued, denied, revoked, or suspended since inception of the program and the number of commercial motor carriers that have never had a permit denied, revoked, or suspended since inception of the program; the reasons for such denials, revocations, or suspensions; the criteria used by the Federal Motor Carrier Safety Administration to determine whether a hazardous material safety permit issued by a State is equivalent to the Federal permit; and actions the Secretary could implement to improve the program, including whether to provide opportunities for an additional level of fitness review prior to the denial, revocation, or suspension of a safety permit. Not later than 2 years after the date of enactment of this Act, based on the study conducted under subsection (a), the Secretary shall either institute a rulemaking to make any necessary improvements to the hazardous materials safety permit program under section 5109 of title 49 , United States Code or publish in the Federal Register the Secretary’s justification for why a rulemaking is not necessary.”