PREEMPTION.

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.”.