CHAPTER 51 —TRANSPORTATION OF HAZARDOUS MATERIAL
Chapter Referred to in Other Sections
This chapter is referred to in
§5101. Purpose
The purpose of this chapter is to provide adequate protection against the risks to life and property inherent in the transportation of hazardous material in commerce by improving the regulatory and enforcement authority of the Secretary of Transportation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5101 | 49 App.:1801. | Jan. 3, 1975, |
The words "It is declared to be the policy of Congress", "the Nation", and "which are" are omitted as surplus.
Short Title of 1994 Amendment
Buy America
"(a)
"(b)
"(1) In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this title, it is the sense of Congress that entities receiving such assistance should, in expending such assistance, purchase only American-made equipment and products.
"(2) In providing financial assistance under this title, the Secretary of Transportation shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by Congress.
"(c)
"(d)
"(1) Except as provided in paragraph (2), no contract or subcontract may be made with funds authorized under this title to a company organized under the laws of a foreign country unless the Secretary of Transportation finds that such country affords comparable opportunities to companies organized under laws of the United States.
"(2)(A) The Secretary of Transportation may waive the provisions of paragraph (1) if the products or services required are not reasonably available from companies organized under the laws of the United States. Any such waiver shall be reported to Congress.
"(B) Paragraph (1) shall not apply to the extent that to do so would violate the General Agreement on Tariffs and Trade or any other international agreement to which the United States is a party."
§5102. Definitions
In this chapter—
(1) "commerce" means trade or transportation in the jurisdiction of the United States—
(A) between a place in a State and a place outside of the State; or
(B) that affects trade or transportation between a place in a State and a place outside of the State.
(2) "hazardous material" means a substance or material the Secretary of Transportation designates under
(3) "hazmat employee"—
(A) means an individual—
(i) employed by a hazmat employer; and
(ii) who during the course of employment directly affects hazardous material transportation safety as the Secretary decides by regulation;
(B) includes an owner-operator of a motor vehicle transporting hazardous material in commerce; and
(C) includes an individual, employed by a hazmat employer, who during the course of employment—
(i) loads, unloads, or handles hazardous material;
(ii) manufactures, reconditions, or tests containers, drums, and packagings represented as qualified for use in transporting hazardous material;
(iii) prepares hazardous material for transportation;
(iv) is responsible for the safety of transporting hazardous material; or
(v) operates a vehicle used to transport hazardous material.
(4) "hazmat employer"—
(A) means a person using at least one employee of that person in connection with—
(i) transporting hazardous material in commerce;
(ii) causing hazardous material to be transported in commerce; or
(iii) manufacturing, reconditioning, or testing containers, drums, and packagings represented as qualified for use in transporting hazardous material;
(B) includes an owner-operator of a motor vehicle transporting hazardous material in commerce; and
(C) includes a department, agency, or instrumentality of the United States Government, or an authority of a State, political subdivision of a State, or Indian tribe, carrying out an activity described in subclause (A)(i), (ii), or (iii) of this clause (4).
(5) "imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(6) "Indian tribe" has the same meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (
(7) "motor carrier" means a motor common carrier, motor contract carrier, motor private carrier, and freight forwarder as those terms are defined in
(8) "national response team" means the national response team established under the national contingency plan established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
(9) "person", in addition to its meaning under
(A) includes a government, Indian tribe, or authority of a government or tribe offering hazardous material for transportation in commerce or transporting hazardous material to further a commercial enterprise; but
(B) does not include—
(i) the United States Postal Service; and
(ii) in
(10) "public sector employee"—
(A) means an individual employed by a State, political subdivision of a State, or Indian tribe and who during the course of employment has responsibilities related to responding to an accident or incident involving the transportation of hazardous material;
(B) includes an individual employed by a State, political subdivision of a State, or Indian tribe as a firefighter or law enforcement officer; and
(C) includes an individual who volunteers to serve as a firefighter for a State, political subdivision of a State, or Indian tribe.
(11) "State" means—
(A) except in
(B) in
(12) "transports" or "transportation" means the movement of property and loading, unloading, or storage incidental to the movement.
(13) "United States" means all of the States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5102(1) | 49 App.:1802(1)–(3), (13). | Jan. 3, 1975, |
| 5102(2) | 49 App.:1802(4). | |
| 5102(3) | 49 App.:1802(5). | |
| 5102(4) | 49 App.:1802(6). | |
| 5102(5) | 49 App.:1802(7). | |
| 5102(6) | 49 App.:1802(8). | |
| 5102(7) | 49 App.:1802(9). | |
| 5102(8) | 49 App.:1802(10). | |
| 5102(9) | 49 App.:1802(11). | |
| 5102(10) | 49 App.:1802(12). | |
| 5102(11) | 49 App.:1802(14). | |
| 5102(12) | 49 App.:1802(15). | |
| 5102(13) | 49 App.:1802(16). |
In this chapter, the words "or shipped" are omitted as being included in "transported".
In clause (1), before subclause (A), the text of 49 App.:1802(1), (3), and (13) is omitted because the complete names of the Administrator of the Environmental Protection Agency, Director of the Federal Emergency Management Agency, and Secretary of Transportation are used the first time the terms appear in a section. The words "traffic, commerce" are omitted as surplus. In subclause (B), the words "between a place in a State and a place outside of the State" are substituted for "described in clause (A)" for clarity.
In clauses (3)(C) and (10)(B), the words "at a minimum" are omitted as surplus.
In clause (5), the words "administrative hearing or other" are omitted as surplus.
In clause (9), before subclause (A), the words "including any trustee, receiver, assignee, or similar representative thereof" are omitted as surplus.
In clause (12), the words "by any mode" are omitted as surplus.
Amendments
1994—Pars. (3)(C)(ii), (4)(A)(iii).
Section Referred to in Other Sections
This section is referred to in
§5103. General regulatory authority
(a)
(b)
(A) apply to a person—
(i) transporting hazardous material in commerce;
(ii) causing hazardous material to be transported in commerce; or
(iii) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a packaging or a container that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous material in commerce; and
(B) shall govern safety aspects of the transportation of hazardous material the Secretary considers appropriate.
(2) A proceeding to prescribe the regulations must be conducted under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5103(a) | 49 App.:1803. | Jan. 3, 1975, |
| 5103(b) | 49 App.:1804(a) (1)–(3). | Jan. 3, 1975, |
In subsection (a), the words "such quantity and form of material" and "in his discretion" are omitted as surplus.
In subsection (b)(1), before clause (A), the words "in accordance with
Pub. L. 103–429
This amends 49:5103(b)(2) to clarify the restatement of 49 App.:1804(a)(2) by section 1 of the Act of July 5, 1994 (
Amendments
1994—Subsec. (b)(1)(A)(iii).
Subsec. (b)(2).
Effective Date of 1994 Amendment
Amendment by
Safe Placement of Train Cars
Section 111 of
Use of Fiber Drum Packaging
Section 122 of
"(a)
"(b)
"(c)
"(d)
"(1) The provisions of subsections (a), (b), and (c) shall not apply to packaging for those hazardous materials regulated by the Department of Transportation as poisonous by inhalation under
"(2) Nothing in this section shall be construed to prohibit the Secretary of Transportation from issuing or enforcing regulations for the international transportation of hazardous materials."
Section Referred to in Other Sections
This section is referred to in
§5104. Representation and tampering
(a)
(1) a container, package, or packaging (or a component of a container, package, or packaging) for transporting hazardous material is safe, certified, or complies with this chapter only if the container, package, or packaging (or a component of a container, package, or packaging) meets the requirements of each applicable regulation prescribed under this chapter; or
(2) hazardous material is present in a package, container, motor vehicle, rail freight car, aircraft, or vessel only if the material is present.
(b)
(1) a marking, label, placard, or description on a document required under this chapter or a regulation prescribed under this chapter; or
(2) a package, container, motor vehicle, rail freight car, aircraft, or vessel used to transport hazardous material.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5104(a) | 49 App.:1804(e). | Jan. 3, 1975, |
| 5104(b) | 49 App.:1804(f). |
In subsection (a)(1), the words "the requirements of" and "applicable" are omitted as surplus.
In subsection (b), before clause (1), the word "deface" is omitted as surplus.
Pub. L. 103–429
This amends 49:5104(a)(1) to clarify the restatement of 49 App.:1804(e)(1) by section 1 of the Act of July 5, 1994 (
Amendments
1994—Subsec. (a)(1).
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5105. Transporting certain highly radioactive material
(a)
(b)
(c)
(d)
(1) notice and opportunity for public comment; and
(2) an assessment of the degree to which at least the following affect the overall public safety of the transportation:
(A) population densities.
(B) types and conditions of modal infrastructures (including highways, railbeds, and waterways).
(C) quantities of high-level radioactive waste and spent nuclear fuel.
(D) emergency response capabilities.
(E) exposure and other risk factors.
(F) terrain considerations.
(G) continuity of routes.
(H) available alternative routes.
(I) environmental impact factors.
(e)
(2) The Secretary of Transportation may allow a person, transporting or causing to be transported a highway-route-controlled quantity of radioactive material, to inspect the motor vehicle used to transport the material and to certify that the vehicle complies with this chapter. The inspector qualification requirements the Secretary prescribes for an individual inspecting a motor vehicle apply to an individual conducting an inspection under this paragraph.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5105(a) | 49 App.:1813(e). | Jan. 3, 1975, |
| 49 App.:1813 (note). | Nov. 16, 1990, |
|
| 5105(b) | 49 App.:1813(a). | Jan. 3, 1975, |
| 5105(c) | 49 App.:1813(b). | |
| 5105(d) | 49 App.:1813(c). | |
| 5105(e) | 49 App.:1813(d). |
In subsection (a), section 16(e) of the Hazardous Materials Transportation Uniform Safety Act of 1990 (
In subsection (b), the words "Secretary of Energy" are substituted for "Department of Energy" because of 42:7131.
In subsection (c), the word "regulations" is substituted for "rule" for consistency in the revised title and with other titles of the United States Code and because "rule" and "regulation" are synonymous.
In subsection (d), before clause (1), the words "In combination" are omitted as surplus.
Section Referred to in Other Sections
This section is referred to in
§5106. Handling criteria
The Secretary of Transportation may prescribe criteria for handling hazardous material, including—
(1) a minimum number of personnel;
(2) minimum levels of training and qualifications for personnel;
(3) the kind and frequency of inspections;
(4) equipment for detecting, warning of, and controlling risks posed by the hazardous material;
(5) specifications for the use of equipment and facilities used in handling and transporting the hazardous material; and
(6) a system of monitoring safety procedures for transporting the hazardous material.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5106 | 49 App.:1805(a). | Jan. 3, 1975, |
Before clause (1), the text of 49 App.:1805(a) (last sentence) is omitted as being included in "prescribe". In clause (4), the words "to be used" are omitted as surplus. In clause (6), the word "assurance" is omitted as surplus.
Section Referred to in Other Sections
This section is referred to in
§5107. Hazmat employee training requirements and grants
(a)
(1) shall establish the date, as provided by subsection (b) of this section, by which the training shall be completed; and
(2) may provide for different training for different classes or categories of hazardous material and hazmat employees.
(b)
(1) 6 months after the regulations are prescribed; or
(2) the date on which an individual is to begin carrying out a duty or power of a hazmat employee if the individual is employed as a hazmat employee after the 6-month period.
(c)
(1) recognizing and understanding the Department of Transportation hazardous material classification system.
(2) the use and limitations of the Department hazardous material placarding, labeling, and marking systems.
(3) general handling procedures, loading and unloading techniques, and strategies to reduce the probability of release or damage during or incidental to transporting hazardous material.
(4) health, safety, and risk factors associated with hazardous material and the transportation of hazardous material.
(5) appropriate emergency response and communication procedures for dealing with an accident or incident involving hazardous material transportation.
(6) the use of the Department Emergency Response Guidebook and recognition of its limitations or the use of equivalent documents and recognition of the limitations of those documents.
(7) applicable hazardous material transportation regulations.
(8) personal protection techniques.
(9) preparing a shipping document for transporting hazardous material.
(d)
(1) the requirements of regulations the Secretary of Labor prescribes related to hazard communication, and hazardous waste operations, and emergency response that are contained in part 1910 of title 29, Code of Federal Regulations; and
(2) the regulations the Agency prescribes related to worker protection standards for hazardous waste operations that are contained in part 311 of title 40, Code of Federal Regulations.
(e)
(1) expertise in conducting a training program for hazmat employees; and
(2) the ability to reach and involve in a training program a target population of hazmat employees.
(f)
(2) An action of the Secretary of Transportation under subsections (a)–(d) of this section and sections 5106, 5108(a)–(g)(1) and (h), and 5109 of this title is not an exercise, under section 4(b)(1) of the Occupational Safety and Health Act of 1970 (
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5107(a) | 49 App.:1805(b)(1), (2), (5) (1st sentence). | Jan. 3, 1975, |
| 5107(b) | 49 App.:1805(b)(4), (5) (last sentence). | |
| 5107(c) | 49 App.:1805(b)(6). | |
| 5107(d) | 49 App.:1805(b)(3) (1st sentence). | |
| 5107(e) | 49 App.:1816(a)–(c). | Jan. 3, 1975, |
| 5107(f)(1) | 49 App.:1805(b)(7). | |
| 5107(f)(2) | 49 App.:1805(b)(3) (last sentence). |
In subsections (a)(1) and (b), before clause (1), the words "in order to comply with requirements established by such regulations" are omitted as surplus.
In subsection (a), before clause (1), the words "Within 18 months after November 16, 1990" are omitted as obsolete. In clause (1), the words "as provided by subsection (b) of this section" are added for clarity.
In subsection (b), before clause (1), the words "in accordance with the requirements established by such regulations" are omitted as surplus.
In subsection (c), before clause (1), the words "in accordance with the requirements established under this subsection" and "appropriate" before "documentation" are omitted as surplus.
In subsection (d), before clause (1), the words "take such actions as may be necessary to" are omitted as surplus. In clauses (1) and (2), the words "(and amendments thereto)" are omitted as surplus. In clause (1), the words "Secretary of Labor" are substituted for "Occupational Safety and Health Administration of the Department of Labor" because of 29:551.
In subsection (e), the words "and education" are omitted as being included in "training". Before clause (1), the words "regarding the safe loading, unloading, handling, storage, and transportation of hazardous materials and emergency preparedness for responding to accidents or incidents involving the transportation of hazardous materials in order to meet the requirements issued under
In subsection (f)(1), the words "(relating to coordination of Federal information policy)" are omitted as surplus.
Amendments
1994—Subsec. (d).
Subsec. (e).
Subsec. (g).
Section Referred to in Other Sections
This section is referred to in
§5108. Registration
(a)
(A) a highway-route-controlled quantity of radioactive material.
(B) more than 25 kilograms of a class A or B explosive in a motor vehicle, rail car, or transport container.
(C) more than one liter in each package of a hazardous material the Secretary designates as extremely toxic by inhalation.
(D) hazardous material in a bulk packaging, container, or tank, as defined by the Secretary, if the bulk packaging, container, or tank has a capacity of at least 3,500 gallons or more than 468 cubic feet.
(E) a shipment of at least 5,000 pounds (except in a bulk packaging) of a class of hazardous material for which placarding of a vehicle, rail car, or freight container is required under regulations prescribed under this chapter.
(2) The Secretary of Transportation may require any of the following persons to file a registration statement with the Secretary under this subsection:
(A) a person transporting or causing to be transported hazardous material in commerce and not required to file a registration statement under paragraph (1) of this subsection.
(B) a person manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a package or container the person represents, marks, certifies, or sells for use in transporting in commerce hazardous material the Secretary designates.
(3) A person required to file a registration statement under this subsection may transport or cause to be transported, or manufacture, fabricate, mark, maintain, recondition, repair, or test a package or container for use in transporting, hazardous material, only if the person has a statement on file as required by this subsection.
(4) The Secretary may waive the filing of a registration statement, or the payment of a fee, required under this subsection, or both, for any person not domiciled in the United States who solely offers hazardous materials for transportation to the United States from a place outside the United States if the country of which such person is a domiciliary does not require persons domiciled in the United States who solely offer hazardous materials for transportation to the foreign country from places in the United States to file registration statements, or to pay fees, for making such an offer.
(b)
(A) the name and principal place of business of the registrant;
(B) a description of each activity the registrant carries out for which filing a statement under subsection (a) of this section is required; and
(C) each State in which the person carries out the activity.
(2) A person carrying out more than one activity, or an activity at more than one location, for which filing is required only has to file one registration statement to comply with subsection (a) of this section.
(c)
(2) The Secretary of Transportation shall decide by regulation when and under what circumstances a registration statement must be amended and the procedures to follow in amending the statement.
(d)
(e)
(f)
(g)
(2)(A) In addition to a fee established under paragraph (1) of this subsection, the Secretary of Transportation shall establish and impose by regulation and collect an annual fee. Subject to subparagraph (B) of this paragraph, the fee shall be at least $250 but not more than $5,000 from each person required to file a registration statement under this section. The Secretary shall determine the amount of the fee under this paragraph on at least one of the following:
(i) gross revenue from transporting hazardous material.
(ii) the type of hazardous material transported or caused to be transported.
(iii) the amount of hazardous material transported or caused to be transported.
(iv) the number of shipments of hazardous material.
(v) the number of activities that the person carries out for which filing a registration statement is required under this section.
(vi) the threat to property, individuals, and the environment from an accident or incident involving the hazardous material transported or caused to be transported.
(vii) the percentage of gross revenue derived from transporting hazardous material.
(viii) the amount to be made available to carry out
(ix) other factors the Secretary considers appropriate.
(B) The Secretary of Transportation shall adjust the amount being collected under this paragraph to reflect any unexpended balance in the account established under
(C) The Secretary of Transportation shall transfer to the Secretary of the Treasury amounts the Secretary of Transportation collects under this paragraph for deposit in the account the Secretary of the Treasury establishes under
(h)
(i)
(2)(A) This section does not apply to an employee of a hazmat employer.
(B) Subsections (a)–(h) of this section do not apply to a department, agency, or instrumentality of the United States Government, an authority of a State or political subdivision of a State, or an employee of a department, agency, instrumentality, or authority carrying out official duties.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5108(a)(1) | 49 App.:1805(c)(1). | Jan. 3, 1975, |
| 5108(a)(2) | 49 App.:1805(c)(3). | |
| 5108(a)(3) | 49 App.:1805(c)(4). | |
| 5108(b) | 49 App.:1805(c)(7), (8). | |
| 5108(c) | 49 App.:1805(c)(5), (6). | |
| 5108(d) | 49 App.:1805(c)(9). | |
| 5108(e) | 49 App.:1805(c)(2). | |
| 5108(f) | 49 App.:1805(c)(10). | |
| 5108(g)(1) | 49 App.:1805(c)(11). | |
| 5108(g)(2) | 49 App.:1815(h) (1)–(5). | Jan. 3, 1975, |
| 5108(h) | 49 App.:1805(c)(12). | |
| 5108(i) | 49 App.:1805(c) (13)–(15). |
In subsection (b)(1), before clause (A), the words "at a minimum" are omitted as surplus.
In subsection (d), the words "streamline and", "with respect to a person who is required to file a registration statement under this subsection", and "with the Department of Transportation" are omitted as surplus.
In subsection (g), the word "impose" is substituted for "assess" for consistency in the revised title and with other titles of the United States Code.
In subsection (g)(2)(A), before clause (i), the words "Not later than September 30, 1992" are omitted as obsolete. In clause (viii), the words "of funds" are omitted as surplus.
In subsection (g)(2)(B), the words "of fees" and "from persons" are omitted as surplus.
In subsection (i)(1), the words "(relating to coordination of Federal information policy)" are omitted as surplus.
In subsection (i)(2)(A), the words "Notwithstanding any other provisions of this subsection" are omitted as surplus.
Amendments
1994—Subsec. (a)(1)(D).
Subsec. (a)(4).
Subsec. (g)(2)(A)(viii).
Section Referred to in Other Sections
This section is referred to in
§5109. Motor carrier safety permits
(a)
(1) to provide the transportation to be authorized by the permit;
(2) to comply with this chapter and regulations the Secretary prescribes to carry out this chapter; and
(3) to comply with applicable United States motor carrier safety laws and regulations and applicable minimum financial responsibility laws and regulations.
(b)
(1) a class A or B explosive;
(2) liquefied natural gas;
(3) hazardous material the Secretary designates as extremely toxic by inhalation; and
(4) a highway-route-controlled quantity of radioactive material, as defined by the Secretary.
(c)
(d)
(2) If the Secretary decides an imminent hazard exists, the Secretary may amend, suspend, or revoke a permit before scheduling a hearing.
(e)
(1) application procedures, including form, content, and fees necessary to recover the complete cost of carrying out this section;
(2) standards for deciding the duration, terms, and limitations of a safety permit;
(3) procedures to amend, suspend, or revoke a permit; and
(4) other procedures the Secretary considers appropriate to carry out this section.
(f)
(g)
(h)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5109(a) | 49 App.:1805(d)(1), (2). | Jan. 3, 1975, |
| 5109(b) | 49 App.:1805(d)(5). | |
| 5109(c) | 49 App.:1805(d)(7). | |
| 5109(d) | 49 App.:1805(d)(4). | |
| 5109(e) | 49 App.:1805(d)(6). | |
| 5109(f) | 49 App.:1805(d)(3). | |
| 5109(g) | 49 App.:1805(d)(8). | |
| 5109(h) | 49 App.:1805 (note). | Nov. 16, 1990, |
In subsection (a), before clause (1), the words "Except as provided in this subsection" and "used to provide such transportation" are omitted as surplus.
In subsection (b), before clause (1), the word "all" is omitted as surplus.
In subsection (e)(2), the word "conditions" is omitted as being included in "terms".
In subsection (h), the text of section 8(b) (words before semicolon of the Hazardous Materials Transportation Uniform Safety Act of 1990 (
Section Referred to in Other Sections
This section is referred to in
§5110. Shipping papers and disclosure
(a)
(b)
(1) a description of the hazardous material, including the proper shipping name;
(2) the hazard class of the hazardous material;
(3) the identification number (UN/NA) of the hazardous material;
(4) immediate first action emergency response information or a way for appropriate reference to the information (that must be available immediately); and
(5) a telephone number for obtaining more specific handling and mitigation information about the hazardous material at any time during which the material is transported.
(c)
(2) Except as provided in paragraph (1) of this subsection, the shipping paper shall be kept in a location the Secretary specifies in a motor vehicle, train, vessel, aircraft, or facility until—
(A) the hazardous material no longer is in transportation; or
(B) the documents are made available to a representative of a department, agency, or instrumentality of the United States Government or a State or local authority responding to an accident or incident involving the motor vehicle, train, vessel, aircraft, or facility.
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5110(a) | 49 App.:1804(g)(1) (1st sentence words before "for the carrier"). | Jan. 3, 1975, |
| 5110(b) | 49 App.:1804(g)(2). | |
| 5110(c) | 49 App.:1804(g)(1) (1st sentence words after "paragraph (2)", last sentence), (3). | |
| 5110(d) | 49 App.:1804(g)(4). |
In subsection (c)(1), the words "A motor carrier" are substituted for "the carrier" for clarity.
Amendments
1994—Subsec. (e).
Improvements to Hazardous Materials Identification Systems
"(a)
"(1)
"(2)
"(A) to determine methods of improving the current system of placarding vehicles transporting hazardous materials; and
"(B) to determine methods for establishing and operating a central reporting system and computerized telecommunications data center described in subsection (b)(1).
"(3)
"(4)
"(5)
"(b)
"(1)
"(2)
"(A) to consult with the Department of Transportation, the Department of Health and Human Services, the Environmental Protection Agency, the Federal Emergency Management Agency, and the Occupational Safety and Health Administration, shippers and carriers of hazardous materials, manufacturers of computerized telecommunications systems, State and local emergency preparedness organizations (including law enforcement and firefighting organizations), and appropriate international organizations in conducting such study; and
"(B) to submit, not later than 19 months after the date of the enactment of this Act, to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Energy and Commerce and Public Works and Transportation of the House of Representatives a report on the results of such study.
Such report shall include recommendations of the National Academy of Sciences with respect to establishment and operation of a central reporting system and computerized telecommunications data center described in paragraph (1).
"(3)
"(c)
"(1) to determine whether such a system and center should be established and operated by the United States Government or by a private entity, either on its own initiative or under contract with the United States;
"(2) to determine, on an annualized basis, the estimated cost for establishing, operating, and maintaining such a system and center and for carrier and shipper compliance with such a system;
"(3) to determine methods for financing the cost of establishing, operating, and maintaining such a system and center;
"(4) to determine projected safety benefits of establishing and operating such a system and center;
"(5) to determine whether or not shippers, carriers, and handlers of hazardous materials, in addition to law enforcement officials and persons responsible for responding to emergencies involving hazardous materials, should have access to such system for obtaining information concerning shipments of hazardous materials and technical and other information and advice with respect to such emergencies;
"(6) to determine methods for ensuring the security of the information and data stored in such a system;
"(7) to determine types of hazardous materials and types of shipments for which information and data should be stored in such a system;
"(8) to determine the degree of liability of the operator of such a system and center for providing incorrect, false, or misleading information;
"(9) to determine deadlines by which shippers, carriers, and handlers of hazardous materials should be required to submit information to the operator of such a system and center and minimum standards relating to the form and contents of such information;
"(10) to determine measures (including the imposition of civil and criminal penalties) for ensuring compliance with the deadlines and standards referred to in paragraph (9); and
"(11) to determine methods for accessing such a system through mobile satellite service or other technologies having the capability to provide 2-way voice, data, or facsimile services.
"(d)
"(1)
"(2)
"(3)
Continually Monitored Telephone Systems
"(a)
"(b)
Section Referred to in Other Sections
This section is referred to in
§5111. Rail tank cars
A rail tank car built before January 1, 1971, may be used to transport hazardous material in commerce only if the air brake equipment support attachments of the car comply with the standards for attachments contained in sections 179.100-16 and 179.200-19 of title 49, Code of Federal Regulations, in effect on November 16, 1990.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5111 | 49 App.:1817. | Jan. 3, 1975, |
The text of 49 App.:1817(a) and the words "after July 1, 1991" are omitted as obsolete.
§5112. Highway routing of hazardous material
(a)
(A) any use of a vehicle under this paragraph to transport any hazardous material in commerce; and
(B) any motor vehicle used to transport hazardous material in commerce.
(2) Except as provided by subsection (d) of this section and
(A) designations of specific highway routes over which hazardous material may and may not be transported by motor vehicle; and
(B) limitations and requirements related to highway routing.
(b)
(A) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe shall enhance public safety in the area subject to the jurisdiction of the State or tribe and in areas of the United States not subject to the jurisdiction of the State or tribe and directly affected by the designation, limitation, or requirement;
(B) minimum procedural requirements to ensure public participation when the State or Indian tribe is establishing a highway routing designation, limitation, or requirement;
(C) a requirement that, in establishing a highway routing designation, limitation, or requirement, a State or Indian tribe consult with appropriate State, local, and tribal officials having jurisdiction over areas of the United States not subject to the jurisdiction of that State or tribe establishing the designation, limitation, or requirement and with affected industries;
(D) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe shall ensure through highway routing for the transportation of hazardous material between adjacent areas;
(E) a requirement that a highway routing designation, limitation, or requirement of one State or Indian tribe affecting the transportation of hazardous material in another State or tribe may be established, maintained, and enforced by the State or tribe establishing the designation, limitation, or requirement only if—
(i) the designation, limitation, or requirement is agreed to by the other State or tribe within a reasonable period or is approved by the Secretary under subsection (d) of this section; and
(ii) the designation, limitation, or requirement is not an unreasonable burden on commerce;
(F) a requirement that establishing a highway routing designation, limitation, or requirement of a State or Indian tribe be completed in a timely way;
(G) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe provide reasonable routes for motor vehicles transporting hazardous material to reach terminals, facilities for food, fuel, repairs, and rest, and places to load and unload hazardous material;
(H) a requirement that a State be responsible—
(i) for ensuring that political subdivisions of the State comply with standards prescribed under this subsection in establishing, maintaining, and enforcing a highway routing designation, limitation, or requirement; and
(ii) for resolving a dispute between political subdivisions; and
(I) a requirement that, in carrying out subsection (a) of this section, a State or Indian tribe shall consider—
(i) population densities;
(ii) the types of highways;
(iii) the types and amounts of hazardous material;
(iv) emergency response capabilities;
(v) the results of consulting with affected persons;
(vi) exposure and other risk factors;
(vii) terrain considerations;
(viii) the continuity of routes;
(ix) alternative routes;
(x) the effects on commerce;
(xi) delays in transportation; and
(xii) other factors the Secretary considers appropriate.
(2) The Secretary may not assign a specific weight that a State or Indian tribe shall use when considering the factors under paragraph (1)(I) of this subsection.
(c)
(d)
(2) A State or Indian tribe involved in a dispute under this subsection may petition the Secretary to resolve the dispute. The Secretary shall resolve the dispute not later than one year after receiving the petition. The resolution shall provide the greatest level of highway safety without being an unreasonable burden on commerce and shall ensure compliance with standards prescribed under subsection (b) of this section.
(3)(A) After a petition is filed under this subsection, a civil action about the subject matter of the dispute may be brought in a court only after the earlier of—
(i) the day the Secretary issues a final decision; or
(ii) the last day of the one-year period beginning on the day the Secretary receives the petition.
(B) A State or Indian tribe adversely affected by a decision of the Secretary under this subsection may bring a civil action for judicial review of the decision in an appropriate district court of the United States not later than 89 days after the day the decision becomes final.
(e)
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5112(a)(1) | 49 App.:1804(b)(7). | Jan. 3, 1975, |
| 5112(a)(2) | 49 App.:1804(b)(1). | |
| 5112(b)(1) | 49 App.:1804(b)(2), (3). | |
| 5112(b)(2) | 49 App.:1804(b)(9). | |
| 5112(c) | 49 App.:1804(c). | |
| 5112(d) | 49 App.:1804(b)(5). | |
| 5112(e) | 49 App.:1804(b)(6). | |
| 5112(f) | 49 App.:1804(b)(8). |
In subsection (a)(1), the words "in the area which is subject to the jurisdiction of such State or Indian tribe" are omitted as surplus.
In subsection (b)(1), before clause (A), the words "Not later than 18 months after November 16, 1990" are omitted as obsolete. In clause (H)(i), the words "prescribed under this subsection" are added for clarity.
In subsection (d)(1), the words "within 18 months of November 16, 1990" are omitted as obsolete. The words "over a matter" are omitted as surplus.
In subsection (d)(3), the word "civil" is added for consistency in the revised title and with other titles of the United States Code.
In subsection (e), the words "superseding or otherwise", "application of", "relating to vehicle weight limitations", and "relating to vehicle length and vehicle width limitations, respectively" are omitted as surplus.
In subsection (f), the word "modify" is omitted as surplus and for consistency in the revised title. The words "issued by the Department of Transportation before November 16, 1990, and" are omitted as obsolete.
Study of Hazardous Materials Transportation by Motor Carriers Near Federal Prisons
"(a)
"(b)
Section Referred to in Other Sections
This section is referred to in
§5113. Unsatisfactory safety rating
(a)
(1) to transport hazardous material for which placarding of a motor vehicle is required under regulations prescribed under this chapter; or
(2) to transport more than 15 individuals.
(b)
(c)
(1) to transport hazardous material for which placarding of a motor vehicle is required under regulations prescribed under this chapter; or
(2) to transport more than 15 individuals.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5113(a) | 49 App.:1814(a). | Jan. 3, 1975, |
| 5113(b) | 49 App.:1814(b). | |
| 5113(c) | 49 App.:1814(c). | |
| 5113(d) | 49 App.:2501 (note). | Nov. 3, 1990, |
In subsections (a) and (c), the words "individuals" is substituted for "passengers, including the driver" for clarity and consistency.
In subsection (a), before clause (1), the words "Effective January 1, 1991" are omitted as obsolete. The words "to take such action as may be necessary " are omitted as surplus.
In subsection (b), the words "from the Secretary" and "conditions and other" are omitted as surplus.
In subsection (d), the words "Not later than 1 year after the date of enactment of this Act" are omitted as obsolete.
Section Referred to in Other Sections
This section is referred to in
§5114. Air transportation of ionizing radiation material
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5114(a) | 49 App.:1807(a) (1st, 2d sentences), (b) (1st sentence). | Jan. 3, 1975, |
| 5114(b) | 49 App.:1807(a) (last sentence). | |
| 5114(c) | 49 App.:1807(b) (last sentence). |
In subsection (a), the text of 49 App.:1807(a) (1st sentence) is omitted as executed. The words "or combination of materials" are omitted as surplus.
In subsection (b), the words "further" and "effective" are omitted as surplus.
§5115. Training curriculum for the public sector
(a)
(b)
(1) shall include—
(A) a recommended course of study to train public sector employees to respond to an accident or incident involving the transportation of hazardous material and to plan for those responses;
(B) recommended basic courses and minimum number of hours of instruction necessary for public sector employees to be able to respond safely and efficiently to an accident or incident involving the transportation of hazardous material and to plan those responses; and
(C) appropriate emergency response training and planning programs for public sector employees developed under other United States Government grant programs, including those developed with grants made under section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 (
(2) may include recommendations on material appropriate for use in a recommended basic course described in clause (1)(B) of this subsection.
(c)
(1) regulations related to hazardous waste operations and emergency response contained in part 1910 of title 29, Code of Federal Regulations, prescribed by the Secretary of Labor;
(2) regulations related to worker protection standards for hazardous waste operations contained in part 311 of title 40, Code of Federal Regulations, prescribed by the Administrator; and
(3) standards related to emergency response training prescribed by the National Fire Protection Association.
(d)
(1) the Director of the Federal Emergency Management Agency shall distribute the curriculum and any updates to the curriculum to the regional response teams and all committees and commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (
(2) the Secretary of Transportation may publish a list of programs that uses a course developed under this section for training public sector employees to respond to an accident or incident involving the transportation of hazardous material.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5115(a) | 49 App.:1815(g)(1), (5). | Jan. 3, 1975, |
| 5115(b) | 49 App.:1815(g)(2), (3). | |
| 5115(c) | 49 App.:1815(g)(4). | |
| 5115(d)(1) | 49 App.:1815(g)(6). | |
| 5115(d)(2) | 49 App.:1815(g)(8). |
In subsection (c)(3), the words "including standards 471 and 472" are omitted as surplus.
In subsection (d)(1), the word "updates" is substituted for "amendments" for clarity.
Pub. L. 103–429
This amends 49:5115(b)(1)(C) to make a cross-reference more precise.
Amendments
1994—Subsec. (b)(1)(C).
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5116. Planning and training grants, monitoring, and review
(a)
(A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (
(B) to decide on the need for a regional hazardous material emergency response team.
(2) The Secretary of Transportation may make a grant to a State or Indian tribe under paragraph (1) of this subsection in a fiscal year only if—
(A) the State or Indian tribe certifies that the total amount the State or Indian tribe expends (except amounts of the United States Government) to develop, improve, and carry out emergency plans under the Act will at least equal the average level of expenditure for the last 2 fiscal years; and
(B) the State agrees to make available at least 75 percent of the amount of the grant under paragraph (1) of this subsection in the fiscal year to local emergency planning committees established under section 301(c) of the Act (
(3) A State or Indian tribe receiving a grant under this subsection shall ensure that planning under the grant is coordinated with emergency planning conducted by adjacent States and Indian tribes.
(b)
(2) The Secretary of Transportation may make a grant under paragraph (1) of this subsection in a fiscal year—
(A) to a State or Indian tribe only if the State or tribe certifies that the total amount the State or tribe expends (except amounts of the Government) to train public sector employees to respond to an accident or incident involving hazardous material will at least equal the average level of expenditure for the last 2 fiscal years;
(B) to a State or Indian tribe only if the State or tribe makes an agreement with the Secretary that the State or tribe will use in that fiscal year, for training public sector employees to respond to an accident or incident involving hazardous material—
(i) a course developed or identified under
(ii) another course the Secretary decides is consistent with the objectives of this section; and
(C) to a State only if the State agrees to make available at least 75 percent of the amount of the grant under paragraph (1) of this subsection in the fiscal year for training public sector employees a political subdivision of the State employs or uses.
(3) A grant under this subsection may be used—
(A) to pay—
(i) the tuition costs of public sector employees being trained;
(ii) travel expenses of those employees to and from the training facility;
(iii) room and board of those employees when at the training facility; and
(iv) travel expenses of individuals providing the training;
(B) by the State, political subdivision, or Indian tribe to provide the training; and
(C) to make an agreement the Secretary of Transportation approves authorizing a person (including an authority of a State or political subdivision of a State or Indian tribe) to provide the training—
(i) if the agreement allows the Secretary and the State or tribe to conduct random examinations, inspections, and audits of the training without prior notice; and
(ii) if the State or tribe conducts at least one on-site observation of the training each year.
(4) The Secretary of Transportation shall allocate amounts made available for grants under this subsection for a fiscal year among eligible States and Indian tribes based on the needs of the States and tribes for emergency response training. In making a decision about those needs, the Secretary shall consider—
(A) the number of hazardous material facilities in the State or on land under the jurisdiction of the tribe;
(B) the types and amounts of hazardous material transported in the State or on that land;
(C) whether the State or tribe imposes and collects a fee on transporting hazardous material;
(D) whether the fee is used only to carry out a purpose related to transporting hazardous material; and
(E) other factors the Secretary decides are appropriate to carry out this subsection.
(c)
(d)
(e)
(f)
(g)
(1) authority to receive applications for grants under this section.
(2) authority to review applications for technical compliance with this section.
(3) authority to review applications to recommend approval or disapproval.
(4) any other ministerial duty associated with grants under this section.
(h)
(i)
(1) to make grants under this section;
(2) to monitor and provide technical assistance under subsection (f) of this section; and
(3) to pay administrative costs of carrying out this section and
(j)
(1) In order to further the purposes of subsection (b), the Secretary shall, subject to the availability of funds, make grants to national nonprofit employee organizations engaged solely in fighting fires for the purpose of training instructors to conduct hazardous materials response training programs for individuals with statutory responsibility to respond to hazardous materials accidents and incidents.
(2) For the purposes of this subsection the Secretary, after consultation with interested organizations, shall—
(A) identify regions or locations in which fire departments or other organizations which provide emergency response to hazardous materials transportation accidents and incidents are in need of hazardous materials training; and
(B) prioritize such needs and develop a means for identifying additional specific training needs.
(3) Funds granted to an organization under this subsection shall only be used—
(A) to train instructors to conduct hazardous materials response training programs;
(B) to purchase training equipment used exclusively to train instructors to conduct such training programs; and
(C) to disseminate such information and materials as are necessary for the conduct of such training programs.
(4) The Secretary may only make a grant to an organization under this subsection in a fiscal year if the organization enters into an agreement with the Secretary to train instructors to conduct hazardous materials response training programs in such fiscal year that will use—
(A) a course or courses developed or identified under subsection (g); 1 or
(B) other courses which the Secretary determines are consistent with the objectives of this subsection;
for training individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials. Such agreement also shall provide that training courses shall be open to all such individuals on a nondiscriminatory basis.
(5) The Secretary may impose such additional terms and conditions on grants to be made under this subsection as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this subsection.
(k)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5116(a) | 49 App.:1815(a). | Jan. 3, 1975, |
| 5116(b)(1) | 49 App.:1815(b)(1). | |
| 5116(b)(2) | 49 App.:1815(b) (2)–(4). | |
| 5116(b)(3) | 49 App.:1815(b)(5), (6). | |
| 5116(b)(4) | 49 App.:1815(b)(7). | |
| 5116(c) | 49 App.:1815(c). | |
| 5116(d) | 49 App.:1815(e). | |
| 5116(e) | 49 App.:1815(d). | |
| 5116(f) | 49 App.:1815(g)(7). | |
| 5116(g) | 49 App.:1815(f). | |
| 5116(h) | 49 App.:1815(g)(9). | |
| 5116(i) | 49 App.:1815(h)(6). |
In subsections (a)(2)(A) and (b)(2)(A), the words "at least equal" are substituted for "be maintained at a level which does not fall below" to eliminate unnecessary words.
In subsection (a)(2)(B), the words "by the State emergency response commission" are omitted as surplus.
In subsection (b)(2)(B)(i), the words "or courses" are omitted because of 1:1.
In subsection (c), the words "including compliance with such sections with respect to accidents and incidents involving the transportation of hazardous materials" are omitted as surplus.
In subsection (d), the word "section" is substituted for "subsection" for clarity because there are no objectives in the subsection being restated.
In subsection (e), the words "A grant under this section is for" are substituted for "By a grant under this section, the Secretary shall reimburse any State or Indian tribe an amount not to exceed" to eliminate unnecessary words and for consistency in the revised title. The words "which are required to be expended under subsections (a)(2) and (b)(2) of this section" are omitted as surplus. The words "under this subsection" are added for clarity.
In subsection (h), the words "including coordination of training programs" are omitted as surplus.
References in Text
The Emergency Planning and Community Right-To-Know Act of 1986, referred to in subsec. (a)(1)(A), (2), is title III of
Amendments
1994—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(3).
Subsec. (i)(1).
Subsec. (i)(3).
Subsecs. (j), (k).
Effective Date of 1994 Amendment
Section 7(c) of
Section Referred to in Other Sections
This section is referred to in
§5117. Exemptions and exclusions
(a)
(A) at least equal to the safety level required under this chapter; or
(B) consistent with the public interest and this chapter, if a required safety level does not exist.
(2) An exemption under this subsection is effective for not more than 2 years and may be renewed on application to the Secretary.
(b)
(c)
(d)
(A) a public vessel (as defined in
(B) a vessel exempted under
(C) a vessel to the extent it is regulated under the Ports and Waterways Safety Act of 1972 (
(2) This chapter and regulations prescribed under this chapter do not prohibit—
(A) or regulate transportation of a firearm (as defined in
(B) transportation of a firearm or ammunition in commerce.
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5117(a) | 49 App.:1806(a) (1st, 2d sentences). | Jan. 3, 1975, |
| 5117(b) | 49 App.:1806(a) (3d–last sentences). | |
| 5117(c)(1) | 49 App.:1806(b). | |
| 5117(c)(2) | 49 App.:1806(c). | |
| 5117(d) | 49 App.:1806(d). |
In subsection (a)(1), before clause (A), the words "or renew" and "subject to the requirements of this chapter" are omitted as surplus. In clause (A), the words "at least equal to the safety level required under this chapter" are substituted for "which is equal to or exceeds that level of safety which would be required in the absence of such exemption" to eliminate unnecessary words.
In subsection (a)(2), the words "issued or renewed" are omitted as surplus.
In subsection (b), the words "upon application" and "grant of such" are omitted as surplus. The words "give the public an opportunity to inspect" are substituted for "afford access to . . . public" for clarity. The words "described by subsection (b) of
In subsection (c)(1), clauses (A) and (B) are substituted for "any vessel which is excepted from the application of section 201 of the Ports and Waterways Safety Act of 1972 by paragraph (2) of such section". Section 201 of that Act amended section 4417a of the Revised Statutes (classified at 46:391a prior to its repeal and reenactment as part of the codification of subtitle II of title 46 in 1983). Clauses (A) and (B) restate the exceptions provided by section 201 of that Act and by section 4417a of the Revised Statutes as subsequently amended. Clause (C) is substituted for "any other vessel regulated under such Act, to the extent of such regulation" because of the restatement.
In subsection (c)(2), before clause (A), the word "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the United States Code.
In subsection (d), the words "by which", "the requirements of", and "or relieved of the obligation to meet any requirements imposed under" are omitted as surplus.
References in Text
The Ports and Waterways Safety Act of 1972, referred to in subsec. (d)(1)(C), is
Amendments
1994—Subsecs. (c) to (e).
§5118. Inspectors
(a)
(b)
(A) at the place of origin, shipments of high-level radioactive waste or nuclear spent material (as those terms are defined in
(B) to the maximum extent practicable shipments of radioactive material that are not high-level radioactive waste or nuclear spent material.
(2) In carrying out their duties, those 10 additional inspectors shall cooperate to the greatest extent possible with safety inspectors of the Nuclear Regulatory Commission and appropriate State and local government officials.
(3) Those 10 additional inspectors shall be allocated as follows:
(A) one to the Research and Special Programs Administration.
(B) 3 to the Federal Railroad Administration.
(C) 3 to the Federal Highway Administration.
(D) the other 3 among the administrations referred to in clauses (A)–(C) of this paragraph as the Secretary decides.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5118(a) | 49 App.:1813 (note). | Nov. 16, 1990, |
| 5118(b) | 49 App.:1813 (note). | Nov. 16, 1990, |
| 5118(c) | 49 App.:1813 (note). | Nov. 16, 1990, |
In subsection (a), the words "in fiscal year 1991" are omitted as executed.
In subsection (b)(1), before clause (A), the words "take such action as may be necessary to" and "the activities of" are omitted as surplus.
In subsection (b)(3)(A)–(C), the words "not less than" are omitted as surplus.
In subsection (b)(3)(D), the words "other 3" are substituted for "remainder" for clarity.
In subsection (c), the word "administrations" is substituted for "agencies" for consistency.
§5119. Uniform forms and procedures
(a)
(1) to establish uniform forms and procedures for a State—
(A) to register persons that transport or cause to be transported hazardous material by motor vehicle in the State; and
(B) to allow the transportation of hazardous material in the State; and
(2) to decide whether to limit the filing of any State registration and permit forms and collection of filing fees to the State in which the person resides or has its principal place of business.
(b)
(1) shall consult with persons subject to registration and permit requirements described in subsection (a) of this section; and
(2) not later than November 16, 1993, shall submit to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Public Works and Transportation of the House of Representatives a final report that contains—
(A) a detailed statement of its findings and conclusions; and
(B) its joint recommendations on the matters referred to in subsection (a) of this section.
(c)
(2) A regulation prescribed under this subsection takes effect one year after it is prescribed. The Secretary may extend the one-year period for an additional year for good cause. After a regulation is effective, a State may establish, maintain, or enforce a requirement related to the same subject matter only if the requirement is the same as the regulation.
(3) In consultation with the working group, the Secretary shall develop a procedure to eliminate differences in how States carry out a regulation prescribed under this subsection.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5119(a) | 49 App.:1819(a). | Jan. 3, 1975, |
| 5119(b) | 49 App.:1819(b), (c). | |
| 5119(c)(1) | 49 App.:1819(d). | |
| 5119(c)(2) | 49 App.:1819(e). | |
| 5119(c)(3) | 49 App.:1819(f). | |
| 5119(d) | 49 App.:1819(g). |
In subsection (a), before clause (1), the words "As soon as practicable after November 16, 1990" are omitted as obsolete.
In subsection (c)(1), the words "Subject to the provisions of this subsection" and "to the Secretary" are omitted as surplus.
References in Text
The Federal Advisory Committee Act, referred to in subsec. (d), is
Change of Name
Committee on Public Works and Transportation of House of Representatives changed to Committee on Transportation and Infrastructure of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§5120. International uniformity of standards and requirements
(a)
(b)
(c)
(1) does not require the Secretary of Transportation to prescribe a standard identical to a standard adopted by an international authority if the Secretary decides the standard is unnecessary or unsafe; and
(2) does not prohibit the Secretary from prescribing a safety requirement more stringent than a requirement included in a standard adopted by an international authority if the Secretary decides the requirement is necessary in the public interest.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5120(a) | 49 App.:1804(d)(1). | Jan. 3, 1975, |
| 5120(b) | 49 App.:1804(d)(2) (1st sentence). | |
| 5120(c) | 49 App.:1804(d)(2) (last sentence). |
§5121. Administrative
(a)
(b)
(1) maintain records, make reports, and provide information the Secretary by regulation or order requires; and
(2) make the records, reports, and information available when the Secretary requests.
(c)
(A) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, testing, or distributing a packaging or a container for use by a person in transporting hazardous material in commerce; or
(B) the transportation of hazardous material in commerce.
(2) An officer, employee, or agent under this subsection shall display proper credentials when requested.
(d)
(A) maintain a facility and technical staff sufficient to provide, within the United States Government, the capability of evaluating a risk related to the transportation of hazardous material and material alleged to be hazardous;
(B) maintain a central reporting system and information center capable of providing information and advice to law enforcement and firefighting personnel, other interested individuals, and officers and employees of the Government and State and local governments on meeting an emergency related to the transportation of hazardous material; and
(C) conduct a continuous review on all aspects of transporting hazardous material to decide on and take appropriate actions to ensure safe transportation of hazardous material.
(2) Paragraph (1) of this subsection does not prevent the Secretary from making a contract with a private entity for use of a supplemental reporting system and information center operated and maintained by the contractor.
(e)
(1) a statistical compilation of accidents and casualties related to the transportation of hazardous material;
(2) a list and summary of applicable Government regulations, criteria, orders, and exemptions;
(3) a summary of the basis for each exemption;
(4) an evaluation of the effectiveness of enforcement activities and the degree of voluntary compliance with regulations;
(5) a summary of outstanding problems in carrying out this chapter in order of priority; and
(6) recommendations for appropriate legislation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5121(a) | 49 App.:1808(a) (1st sentence, last sentence words before semicolon). | Jan. 3, 1975, |
| 5121(b) | 49 App.:1808(b). | |
| 5121(c) | 49 App.:1808(c). | |
| 5121(d) | 49 App.:1808(d). | Jan. 3, 1975, |
| 5121(e) | 49 App.:1808(e). | Jan. 3, 1975, |
In subsection (a), the words "to the extent necessary . . . his responsibilities under" and "relevant" are omitted as surplus. The word "documents" is omitted as being included in "records". The words "directly or indirectly" are omitted as surplus. The word "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the United States Code.
In subsection (b), before clause (1), the words "requirements under" are omitted as surplus. In clause (1), the words "establish and" are omitted as surplus. The word "requires" is substituted for "prescribe" for clarity and consistency.
In subsection (c)(1), before clause (A), the words "enter upon . . . and examine" and "of persons to the extent such records and properties" are omitted as surplus. In clause (B), the words "or shipment by any person" are omitted as surplus.
In subsection (d)(1), before clause (A), the words "establish and" are omitted as executed. In clause (B), the words "capable of" are substituted for "so as to be able to" to eliminate unnecessary words. The words "technical and other" and "of communities" are omitted as surplus. The words "and employees" are added for consistency in the revised title and with other titles of the Code. In clause (C), the words "in order" and "to be able to" are omitted as surplus.
In subsection (e), before clause (1), the words "prepare and" and "comprehensive" are omitted as surplus. In clause (1), the word "thorough" is omitted as surplus. In clause (2), the words "in effect" are omitted as surplus. In clause (3), the words "granted or maintained" are omitted as surplus. In clause (6), the words "additional . . . as are deemed necessary or" are omitted as surplus.
Amendments
1994—Subsec. (c)(1)(A).
Subsec. (e).
Toll Free Number for Reporting
Section 116 of
Section Referred to in Other Sections
This section is referred to in
§5122. Enforcement
(a)
(b)
(A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or
(B) to eliminate or ameliorate the hazard.
(2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5122(a) | 49 App.:1808(a) (last sentence words after semicolon). | Jan. 3, 1975, |
| 49 App.:1810(a). | ||
| 5122(b) | 49 App.:1810(b). | Jan. 3, 1975, |
In this section, the words "bring a civil action" are substituted for "bring an action in" in 49 App.:1810 and "petition . . . for an order . . . for such other order" for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the text of 49 App.:1808(a) (last sentence words after semicolon) and the words "for equitable relief" in 49 App.:1810(a) are omitted as surplus. The words "enforce this chapter" are substituted for "redress a violation by any person of a provision of this chapter" to eliminate unnecessary words. The words "regulation prescribed or order issued" are substituted for "order or regulation issued" for consistency in the revised title and with other titles of the Code. The words "The court may award appropriate relief, including" are substituted for "Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and" to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words "as is necessary" are omitted as surplus.
Section Referred to in Other Sections
This section is referred to in
§5123. Civil penalty
(a)
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge.
(2) A separate violation occurs for each day the violation, committed by a person that transports or causes to be transported hazardous material, continues.
(b)
(c)
(1) the nature, circumstances, extent, and gravity of the violation;
(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and
(3) other matters that justice requires.
(d)
(e)
(f)
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5123(a)(1) | 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence). | Jan. 3, 1975, |
| 49 App.:1809(a)(3). | Jan. 3, 1975, |
|
| 5123(a)(2) | 49 App.:1809(a)(1) (2d sentence words after 4th comma). | |
| 5123(b) | 49 App.:1809(a)(1) (1st sentence 3d–16th words, 4th sentence). | |
| 5123(c) | 49 App.:1809(a)(1) (last sentence). | |
| 5123(d), (e) | 49 App.:1809(a)(2) (1st sentence). | Jan. 3, 1975, |
| 5123(f) | 49 App.:1809(a)(2) (2d sentence). | |
| 5123(g) | 49 App.:1809(a)(2) (last sentence). |
In subsection (a)(1), before clause (1), the words "A person that knowingly violates this chapter or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of at least $250 but not more than $25,000 for each violation" are substituted for 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence) to eliminate unnecessary words.
In subsection (b), the word "impose" is substituted for "assessed" for consistency.
In subsection (c)(2), the words "the violator" are substituted for "the person found to have committed such violation" to eliminate unnecessary words.
In subsection (f), the words "imposed or compromised" are substituted for "of such penalty, when finally determined (or agreed upon in compromise)" to eliminate unnecessary words and for consistency. The words "liable for the penalty" are substituted for "charged" for clarity.
Section Referred to in Other Sections
This section is referred to in
§5124. Criminal penalty
A person knowingly violating
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5124 | 49 App.:1809(b). | Jan. 3, 1975, |
Section Referred to in Other Sections
This section is referred to in
§5125. Preemption
(a)
(1) complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter or a regulation prescribed under this chapter is not possible; or
(2) the requirement of the State, political subdivision, or tribe, as applied or enforced, is an obstacle to accomplishing and carrying out this chapter or a regulation prescribed under this chapter.
(b)
(A) the designation, description, and classification of hazardous material.
(B) the packing, repacking, handling, labeling, marking, and placarding of hazardous material.
(C) the preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents.
(D) the written notification, recording, and reporting of the unintentional release in transportation of hazardous material.
(E) the design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a packaging or a container represented, marked, certified, or sold as qualified for use in transporting hazardous material.
(2) If the Secretary of Transportation prescribes or has prescribed under
(3) If a State, political subdivision of a State, or Indian tribe imposes a fine or penalty the Secretary decides is appropriate for a violation related to a subject referred to in paragraph (1) of this subsection, an additional fine or penalty may not be imposed by any other authority.
(c)
(2)(A) A highway routing designation, limitation, or requirement established before the date a regulation is prescribed under
(B) This subsection and
(C) The Secretary may allow a highway routing designation, limitation, or requirement to continue in effect until a dispute related to the designation, limitation, or requirement is resolved under
(d)
(2) After consulting with States, political subdivisions of States, and Indian tribes, the Secretary shall prescribe regulations for carrying out paragraph (1) of this subsection.
(3) Subsection (a) of this section does not prevent a State, political subdivision of a State, or Indian tribe, or another person directly affected by a requirement, from seeking a decision on preemption from a court of competent jurisdiction instead of applying to the Secretary under paragraph (1) of this subsection.
(e)
(1) provides the public at least as much protection as do requirements of this chapter and regulations prescribed under this chapter; and
(2) is not an unreasonable burden on commerce.
(f)
(g)
(2) A State or political subdivision thereof or Indian tribe that levies a fee in connection with the transportation of hazardous materials shall, upon the Secretary's request, report to the Secretary on—
(A) the basis on which the fee is levied upon persons involved in such transportation;
(B) the purposes for which the revenues from the fee are used;
(C) the annual total amount of the revenues collected from the fee; and
(D) such other matters as the Secretary requests.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5125(a) | 49 App.:1811(a). | Jan. 3, 1975, |
| 5125(b) | 49 App.:1804(a)(4), (5). | Jan. 3, 1975, |
| 5125(c) | 49 App.:1804(b)(4). | |
| 5125(d) | 49 App.:1811(c). | |
| 5125(e) | 49 App.:1811(d). | |
| 5125(f) | 49 App.:1811(e). | |
| 5125(g) | 49 App.:1811(b). |
In subsections (a) and (b)(1), the words "and unless authorized by Federal law" are omitted as surplus.
In subsection (a), before clause (1), the reference to subsections (b) and (c) is substituted for 49 App.:1811(a)(3) for clarity.
In subsection (b)(1), before clause (A), the words "ruling, provision" are omitted as surplus.
In subsection (b)(3), the word "imposes" is substituted for "assesses" for consistency.
In subsection (c)(1), the words "the procedural requirements of" and "the substantive requirements of" are omitted as surplus.
In subsection (c)(2)(A), the words "procedural requirements of the Federal standards established pursuant to" are omitted as surplus.
In subsection (f), the words "may bring a civil action for judicial review" are substituted for "may seek judicial review . . . only by filing a petition" for consistency in the revised title.
Pub. L. 103–429
This amends 49:5125(a) and (b)(1) to clarify the restatement of 49 App.:1804(a)(4) and 1811(a) by section 1 of the Act of July 5, 1994 (
Amendments
1994—Subsecs. (a), (b)(1).
Subsec. (b)(1)(E).
Subsec. (d).
Subsec. (g).
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5126. Relationship to other laws
(a)
(b)
(1) a pipeline subject to regulation under
(2) any matter that is subject to the postal laws and regulations of the United States under this chapter or title 18 or 39.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5126(a) | 49 App.:1818. | Jan. 3, 1975, |
| 5126(b) | 49 App.:1811(f). | Jan. 3, 1975, |
In subsection (a), the word "manufactures" is substituted for "manufacturers" to correct an error in the source provisions. The words "of the executive, legislative, or judicial branch", "be subject to and", "substantive and procedural", and "this chapter or any other" are omitted as surplus.
Amendments
1994—Subsec. (a).
§5127. Authorization of appropriations
(a)
(b)
(2)(A) There shall be available to the Secretary for carrying out section 5116(j), from amounts in the account established pursuant to section 5116(i), $250,000 for each of fiscal years 1995, 1996, 1997, and 1998.
(B) In addition to amounts made available under subparagraph (A), there is authorized to be appropriated to the Secretary for carrying out section 5116(j) $1,000,000 for each of the fiscal years 1995, 1996, 1997, and 1998.
(c)
(2) The Secretary of Transportation may transfer to the Director of the Federal Emergency Management Agency from amounts available under this subsection amounts necessary to carry out
(d)
(2) Not more than $7,800,000 is available to the Secretary of Transportation from the account established under
(3) Not more than the following amounts are available from the account established under
(A) $750,000 each to the Secretaries of Transportation and Energy, Administrator of the Environmental Protection Agency, and Director of the Federal Emergency Management Agency.
(B) $200,000 to the Director of the National Institute of Environmental Health Sciences.
(e)
(f)
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5127(a) | 49 App.:1812(a). | Jan. 3, 1975, |
| 5127(b) | 49 App.:1816(d). | Jan. 3, 1975, |
| 5127(c) | 49 App.:1815(i)(3). | Jan. 3, 1975, |
| 5127(d) | 49 App.:1815(i)(1), (2), (4). | |
| 5127(e) | 49 App.:1819(h) (1st sentence). | Jan. 3, 1975, |
| 5127(f) | 49 App.:1812(b). | |
| 5127(g) | 49 App.:1815(i)(5). | |
| 49 App.:1819(h) (last sentence). |
In the section, references to fiscal years 1991 and 1992 are omitted as obsolete.
In subsections (b), (c)(1), and (d), the words "amounts in" are omitted as surplus.
In subsection (c), the text of 49 App.:1815(i)(3)(A) is omitted as obsolete.
In subsection (c)(2), the words "relating to dissemination of the curriculum" are omitted as surplus.
Amendments
1994—Subsec. (a).
Subsec. (b).
"(b)
Section Referred to in Other Sections
This section is referred to in