US (United States) Code. Title 49. Subtitle III. Chapter 51: Transportation of hazardous material

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation. General and intermodal programs

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-CITE-

49 USC CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-MISC1-

Sec.

5101. Purpose.

5102. Definitions.

5103. General regulatory authority.

5103a. Limitation on issuance of hazmat licenses.

5104. Representation and tampering.

5105. Transporting certain highly radioactive material.

5106. Handling criteria.

5107. Hazmat employee training requirements and grants.

5108. Registration.

5109. Motor carrier safety permits.

5110. Shipping papers and disclosure.

5111. Rail tank cars.

5112. Highway routing of hazardous material.

5113. Unsatisfactory safety rating.

5114. Air transportation of ionizing radiation material.

5115. Training curriculum for the public sector.

5116. Planning and training grants, monitoring, and review.

5117. Exemptions and exclusions.

5118. Inspectors.

5119. Uniform forms and procedures.

5120. International uniformity of standards and

requirements.

5121. Administrative.

5122. Enforcement.

5123. Civil penalty.

5124. Criminal penalty.

5125. Preemption.

5126. Relationship to other laws.

5127. Authorization of appropriations.

AMENDMENTS

2001 - Pub. L. 107-56, title X, Sec. 1012(a)(2), Oct. 26, 2001,

115 Stat. 397, added item 5103a.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 521, 5710, 5908,

13905, 20109, 20111, 20114, 31144, 31146, 31305 of this title;

title 18 section 844; title 42 sections 6912, 6921, 6923, 9656.

-End-

-CITE-

49 USC Sec. 5101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5101. Purpose

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 759.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5101 49 App.:1801. Jan. 3, 1975, Pub. L.

93-633, Sec. 102, 88 Stat.

2156.

--------------------------------------------------------------------

The words "It is declared to be the policy of Congress", "the

Nation", and "which are" are omitted as surplus.

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-178, title III, Sec. 3001, June 9, 1998, 112 Stat.

338, provided that: "This title [amending sections 5302 to 5305,

5307 to 5315, 5317 to 5320, 5323, 5325 to 5328, and 5333 to 5338 of

this title and enacting provisions set out as notes under sections

301, 5301, 5307 to 5310, 5323, 5336, and 5338 of this title and

sections 138 and 322 of Title 23, Highways] may be cited as the

'Federal Transit Act of 1998'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-291, title II, Sec. 201, Oct. 11, 1996, 110 Stat.

3453, provided that: "This title [enacting section 5908 of this

title and amending sections 5901 to 5903 and 5905 to 5907 of this

title] may be cited as the 'Intermodal Safe Container

Transportation Amendments Act of 1996'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-311, title I, Sec. 101, Aug. 26, 1994, 108 Stat.

1673, provided that: "This title [amending sections 5102 to 5104,

5107, 5108, 5110, 5116, 5117, 5121, and 5125 to 5127 of this title

and enacting provisions set out as notes under this section,

sections 5103, 5112, and 5121 of this title, and section 307 of

Title 23, Highways] may be cited as the 'Hazardous Materials

Transportation Authorization Act of 1994'."

BUY AMERICAN

Pub. L. 103-311, title I, Sec. 123, Aug. 26, 1994, 108 Stat.

1682, provided that:

"(a) Compliance With Buy American Act. - None of the funds made

available under this title [see Short Title of 1994 Amendment note

above] may be expended in violation of sections 2 through 4 of the

Act of March 3, 1933 (41 U.S.C. 10a-10c [41 U.S.C. 10a, 10b, former

10b-1]; popularly known as the 'Buy American Act'), which are

applicable to those funds.

"(b) Sense of Congress; Requirement Regarding Notice. -

"(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) Prohibition of Contracts. - If it has been finally

determined by a court or Federal agency that any person

intentionally affixed a label bearing a 'Made in America'

inscription, or any inscription with the same meaning, to any

product sold in or shipped to the United States that is not made in

the United States, such person shall be ineligible to receive any

contract or subcontract made with funds provided pursuant to this

title, pursuant to the debarment, suspension, and ineligibility

procedures described in sections 9.400 through 9.409 of title 48,

Code of Federal Regulations.

"(d) Reciprocity. -

"(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."

-End-

-CITE-

49 USC Sec. 5102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5102. Definitions

-STATUTE-

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 section 5103(a) of

this title.

(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 (25 U.S.C. 450b).

(7) "motor carrier" means a motor carrier, motor private

carrier, and freight forwarder as those terms are defined in

section 13102 of this title.

(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 (42 U.S.C. 9605).

(9) "person", in addition to its meaning under section 1 of

title 1 -

(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 sections 5123 and 5124 of this title, a department,

agency, or instrumentality of the Government.

(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 section 5119 of this title, a State of the

United States, the District of Columbia, Puerto Rico, the

Northern Mariana Islands, the Virgin Islands, American Samoa,

Guam, and any other territory or possession of the United

States designated by the Secretary; and

(B) in section 5119 of this title, a State of the United

States and the District of Columbia.

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 759; Pub. L.

103-311, title I, Sec. 117(a)(1), Aug. 26, 1994, 108 Stat. 1678;

Pub. L. 104-88, title III, Sec. 308(d), Dec. 29, 1995, 109 Stat.

947.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5102(1) 49 Jan. 3, 1975, Pub. L.

App.:1802(1)-(3), 93-633, Sec. 103, 88 Stat.

(13). 2156; restated Nov. 16,

1990, Pub. L. 101-615, Sec.

3(a), 104 Stat. 3245; Oct.

24, 1992, Pub. L. 102-508,

Secs. 501, 502, 106 Stat.

3311.

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

1995 - Par. (7). Pub. L. 104-88 substituted "motor carrier, motor

private" for "motor common carrier, motor contract carrier, motor

private" and "section 13102" for "section 10102".

1994 - Pars. (3)(C)(ii), (4)(A)(iii). Pub. L. 103-311 substituted

"packagings" for "packages".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 31301, 31310 of this

title.

-End-

-CITE-

49 USC Sec. 5103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5103. General regulatory authority

-STATUTE-

(a) Designating Material as Hazardous. - The Secretary of

Transportation shall designate material (including an explosive,

radioactive material, etiologic agent, flammable or combustible

liquid or solid, poison, oxidizing or corrosive material, and

compressed gas) or a group or class of material as hazardous when

the Secretary decides that transporting the material in commerce in

a particular amount and form may pose an unreasonable risk to

health and safety or property.

(b) Regulations for Safe Transportation. - (1) The Secretary

shall prescribe regulations for the safe transportation, including

security, of hazardous material in intrastate, interstate, and

foreign commerce. The regulations -

(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, including security, of the

transportation of hazardous material the Secretary considers

appropriate.

(C) Consultation. - When prescribing a security regulation or

issuing a security order that affects the safety of the

transportation of hazardous material, the Secretary of Homeland

Security shall consult with the Secretary.

(2) A proceeding to prescribe the regulations must be conducted

under section 553 of title 5, including an opportunity for informal

oral presentation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 761; Pub. L.

103-311, title I, Sec. 117(a)(2), Aug. 26, 1994, 108 Stat. 1678;

Pub. L. 103-429, Sec. 6(3), Oct. 31, 1994, 108 Stat. 4378; Pub. L.

107-296, title XVII, Sec. 1711(a), Nov. 25, 2002, 116 Stat. 2319.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5103(a) 49 App.:1803. Jan. 3, 1975, Pub. L.

93-633, Sec. 104, 88 Stat.

2156.

5103(b) 49 App.:1804(a) Jan. 3, 1975, Pub. L.

(1)-(3). 93-633, Sec. 105(a)(1)-(3),

88 Stat. 2157; restated Nov.

16, 1990, Pub. L. 101-615,

Sec. 4, 104 Stat. 3247.

--------------------------------------------------------------------

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 section 553 of title 5" are omitted because 5:553 applies

unless otherwise stated. In clause (A)(i), the words "hazardous

material in commerce", and in clause (A)(ii), the words "hazardous

material . . . in commerce", are added for consistency in this

chapter.

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 (Public Law

103-272, 108 Stat. 761).

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-296, Sec. 1711(a)(1),

substituted "transportation, including security," for

"transportation" in introductory provisions.

Subsec. (b)(1)(B). Pub. L. 107-296, Sec. 1711(a)(2), substituted

"aspects, including security," for "aspects".

Subsec. (b)(1)(C). Pub. L. 107-296, Sec. 1711(a)(3), added

subpar. (C).

1994 - Subsec. (b)(1)(A)(iii). Pub. L. 103-311 substituted "a

packaging or a" for "a package or".

Subsec. (b)(2). Pub. L. 103-429 substituted "be conducted under

section 553 of title 5, including" for "include" and "presentation"

for "presentations".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

SAFE PLACEMENT OF TRAIN CARS

Section 111 of Pub. L. 103-311 provided that: "The Secretary of

Transportation shall conduct a study of existing practices

regarding the placement of cars on trains, with particular

attention to the placement of cars that carry hazardous materials.

In conducting the study, the Secretary shall consider whether such

placement practices increase the risk of derailment, hazardous

materials spills, or tank ruptures or have any other adverse effect

on safety. The results of the study shall be submitted to Congress

within 1 year after the date of enactment of this Act [Aug. 26,

1994]."

FIBER DRUM PACKAGING

Pub. L. 104-88, title IV, Sec. 406, Dec. 29, 1995, 109 Stat. 957,

provided that:

"(a) In General. - In the administration of chapter 51 of title

49, United States Code, the Secretary of Transportation shall issue

a final rule within 60 days after the date of the enactment of this

Act [Dec. 29, 1995] authorizing the continued use of fiber drum

packaging with a removable head for the transportation of liquid

hazardous materials with respect to those liquid hazardous

materials transported by such drums pursuant to regulations in

effect on September 30, 1991, if -

"(1) the packaging is in compliance with regulations of the

Secretary under the Hazardous Materials Transportation Act

[former 49 U.S.C. 1801 et seq.] as in effect on September 30,

1991; and

"(2) the packaging will not be used for the transportation of

hazardous materials that include materials which are poisonous by

inhalation or materials in Packing Groups I and II.

"(b) Expiration. - The regulation referred to in subsection (a)

shall expire on the later of September 30, 1997, or the date on

which funds are authorized to be appropriated to carry out chapter

51 of title 49, United States Code (relating to transportation of

hazardous materials), for fiscal years beginning after September

30, 1997.

"(c) Study. -

"(1) In general. - Within 90 days after the date of the

enactment of this Act [Dec. 29, 1995], the Secretary shall

contract with the National Academy of Sciences to conduct a study

-

"(A) to determine whether the requirements of section 5103(b)

of title 49, United States Code (relating to regulations for

safe transportation), as they pertain to fiber drum packaging

with a removable head can be met for the transportation of

liquid hazardous materials (with respect to those liquid

hazardous materials transported by such drums pursuant to

regulations in effect on September 30, 1991) with standards

(including fiber drum industry standards set forth in a June 8,

1992, exemption application submitted to the Department of

Transportation), other than the performance-oriented packaging

standards adopted under docket number HM-181 contained in part

178 of title 49, Code of Federal Regulations; and

"(B) to determine whether a packaging standard (including

such fiber drum industry standards), other than such

performance-oriented packaging standards, will provide an equal

or greater level of safety for the transportation of liquid

hazardous materials than would be provided if such

performance-oriented packaging standards were in effect.

"(2) Completion. - The study shall be completed before March 1,

1997 and shall be transmitted to the Committee on Commerce,

Science, and Transportation of the Senate and the Transportation

and Infrastructure Committee of the House of Representatives.

"(d) Secretarial Action. - By September 30, 1997, the Secretary

shall issue final regulations to determine what standards should

apply to fiber drum packaging with a removable head for

transportation of liquid hazardous materials (with respect to those

liquid hazardous materials transported by such drums pursuant to

regulations in effect on September 30, 1991) after September 30,

1997. In issuing such regulations, the Secretary shall give full

and substantial consideration to the results of the study conducted

in subsection (c)."

Section 122 of Pub. L. 103-311 provided that:

"(a) Initiation of Rulemaking Proceeding. - Not later than the

60th day following the date of enactment of this Act [Aug. 26,

1994], the Secretary of Transportation shall initiate a rulemaking

proceeding to determine whether the requirements of section 5103(b)

of title 49, United States Code (relating to regulations for safe

transportation), as they pertain to open head fiber drum packaging

can be met for the domestic transportation of liquid hazardous

materials (with respect to those classifications of liquid

hazardous materials transported by such drums pursuant to

regulations in effect on September 30, 1991) with standards other

than the performance-oriented packaging standards adopted under

docket number HM-181 contained in part 178 of title 49, Code of

Federal Regulations.

"(b) Issuance of Standards. - If the Secretary of Transportation

determines, as a result of the rulemaking proceeding initiated

under subsection (a), that a packaging standard other than the

performance-oriented packaging standards referred to in subsection

(a) will provide an equal or greater level of safety for the

domestic transportation of liquid hazardous materials than would be

provided if such performance-oriented packaging standards were in

effect, the Secretary shall issue regulations which implement such

other standard and which take effect before October 1, 1996.

"(c) Completion of Rulemaking Proceeding. - The rulemaking

proceeding initiated under subsection (a) shall be completed before

October 1, 1995.

"(d) Limitations. -

"(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

chapter 51 of title 49, United States Code.

"(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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5102, 5117, 5120, 5125,

31101, 31132, 31136, 31301, 31310, 40113 of this title; title 8

section 1288; title 46 section 2101.

-End-

-CITE-

49 USC Sec. 5103a 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5103a. Limitation on issuance of hazmat licenses

-STATUTE-

(a) Limitation. -

(1) Issuance of licenses. - A State may not issue to any

individual a license to operate a motor vehicle transporting in

commerce a hazardous material unless the Secretary of

Transportation has first determined, upon receipt of a

notification under subsection (c)(1)(B), that the individual does

not pose a security risk warranting denial of the license.

(2) Renewals included. - For the purposes of this section, the

term "issue", with respect to a license, includes renewal of the

license.

(b) Hazardous Materials Described. - The limitation in subsection

(a) shall apply with respect to -

(1) any material defined as a hazardous material by the

Secretary of Transportation; and

(2) any chemical or biological material or agent determined by

the Secretary of Health and Human Services or the Attorney

General as being a threat to the national security of the United

States.

(c) Background Records Check. -

(1) In general. - Upon the request of a State regarding

issuance of a license described in subsection (a)(1) to an

individual, the Attorney General -

(A) shall carry out a background records check regarding the

individual; and

(B) upon completing the background records check, shall

notify the Secretary of Transportation of the completion and

results of the background records check.

(2) Scope. - A background records check regarding an individual

under this subsection shall consist of the following:

(A) A check of the relevant criminal history data bases.

(B) In the case of an alien, a check of the relevant data

bases to determine the status of the alien under the

immigration laws of the United States.

(C) As appropriate, a check of the relevant international

data bases through Interpol-U.S. National Central Bureau or

other appropriate means.

(d) Reporting Requirement. - Each State shall submit to the

Secretary of Transportation, at such time and in such manner as the

Secretary may prescribe, the name, address, and such other

information as the Secretary may require, concerning -

(1) each alien to whom the State issues a license described in

subsection (a); and

(2) each other individual to whom such a license is issued, as

the Secretary may require.

(e) Alien Defined. - In this section, the term "alien" has the

meaning given the term in section 101(a)(3) of the Immigration and

Nationality Act.

-SOURCE-

(Added Pub. L. 107-56, title X, Sec. 1012(a)(1), Oct. 26, 2001, 115

Stat. 396.)

-REFTEXT-

REFERENCES IN TEXT

Section 101(a)(3) of the Immigration and Nationality Act,

referred to in subsec. (e), is classified to section 1101(a)(3) of

Title 8, Aliens and Nationality.

-MISC1-

AUTHORIZATION OF APPROPRIATIONS

Pub. L. 107-56, title X, Sec. 1012(c), Oct. 26, 2001, 115 Stat.

398, provided that: "There is authorized to be appropriated for the

Department of Transportation and the Department of Justice such

amounts as may be necessary to carry out section 5103a of title 49,

United States Code, as added by subsection (a)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31305 of this title; title

46 section 70105.

-End-

-CITE-

49 USC Sec. 5104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5104. Representation and tampering

-STATUTE-

(a) Representation. - A person may represent, by marking or

otherwise, that -

(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) Tampering. - A person may not alter, remove, destroy, or

otherwise tamper unlawfully with -

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 761; Pub. L.

103-311, title I, Sec. 117(b), Aug. 26, 1994, 108 Stat. 1678; Pub.

L. 103-429, Sec. 6(4), Oct. 31, 1994, 108 Stat. 4378.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5104(a) 49 App.:1804(e). Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

105(e), (f); added Nov. 16,

1990, Pub. L. 101-615, Sec.

5, 104 Stat. 3252.

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 (Public Law

103-272, 108 Stat. 761).

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-429 inserted "applicable"

after "each".

Pub. L. 103-311 substituted ", package, or packaging (or a

component of a container, package, or packaging)" for "or package"

in two places.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5117, 5120, 5124, 5125 of

this title; title 8 section 1288.

-End-

-CITE-

49 USC Sec. 5105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5105. Transporting certain highly radioactive material

-STATUTE-

(a) Definitions. - In this section, "high-level radioactive

waste" and "spent nuclear fuel" have the same meanings given those

terms in section 2 of the Nuclear Waste Policy Act of 1982 (42

U.S.C. 10101).

(b) Transportation Safety Study. - In consultation with the

Secretary of Energy, the Nuclear Regulatory Commission, potentially

affected States and Indian tribes, representatives of the rail

transportation industry, and shippers of high-level radioactive

waste and spent nuclear fuel, the Secretary of Transportation shall

conduct a study comparing the safety of using trains operated only

to transport high-level radioactive waste and spent nuclear fuel

with the safety of using other methods of rail transportation for

transporting that waste and fuel. The Secretary of Transportation

shall submit to Congress not later than November 16, 1991, a report

on the results of the study.

(c) Safe Rail Transportation Regulations. - Not later than

November 16, 1992, after considering the results of the study

conducted under subsection (b) of this section, the Secretary of

Transportation shall prescribe amendments to existing regulations

that the Secretary considers appropriate to provide for the safe

rail transportation of high-level radioactive waste and spent

nuclear fuel, including trains operated only for transporting

high-level radioactive waste and spent nuclear fuel.

(d) Routes and Modes Study. - Not later than November 16, 1991,

the Secretary of Transportation shall conduct a study to decide

which factors, if any, shippers and carriers should consider when

selecting routes and modes that would enhance overall public safety

related to the transportation of high-level radioactive waste and

spent nuclear fuel. The study shall include -

(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) Inspections of Motor Vehicles Transporting Certain Material.

- (1) Not later than November 16, 1991, the Secretary of

Transportation shall require by regulation that before each use of

a motor vehicle to transport a highway-route-controlled quantity of

radioactive material in commerce, the vehicle shall be inspected

and certified as complying with this chapter and applicable United

States motor carrier safety laws and regulations. The Secretary may

require that the inspection be carried out by an authorized United

States Government inspector or according to appropriate State

procedures.

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 762.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5105(a) 49 App.:1813(e). Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

116(e); added Oct. 24, 1992,

Pub. L. 102-508, Sec.

505(2), 106 Stat. 3311.

49 App.:1813 (note). Nov. 16, 1990, Pub. L.

101-615, Sec. 16(e), 104

Stat. 3263.

5105(b) 49 App.:1813(a). Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

116(a)-(d); added Oct. 30,

1984, Pub. L. 98-559, Sec.

3, 98 Stat. 2907; restated

Nov. 16, 1990, Pub. L.

101-615, Sec. 15, 104 Stat.

3261; Oct. 24, 1992, Pub. L.

102-508, Sec. 505(1), 106

Stat. 3311.

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 (Public Law 101-615, 104

Stat. 3263) is included to correct a mistake in the source

provisions being restated. See section 16(a)(1) of the Act of 1990

(Public Law 101-615, 104 Stat. 3262), stating that the meanings of

"high-level radioactive waste" and "spent nuclear fuel" are as

defined in 49 App.:1813, as added by section 15 of the Act (104

Stat. 3261). See also Cong. Rec. S16863 (daily ed., Oct. 23, 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5118 of this title.

-End-

-CITE-

49 USC Sec. 5106 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5106. Handling criteria

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 763.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5106 49 App.:1805(a). Jan. 3, 1975, Pub. L.

93-633, Sec. 106(a), 88

Stat. 2157.

--------------------------------------------------------------------

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5107 of this title; title

8 section 1288.

-End-

-CITE-

49 USC Sec. 5107 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5107. Hazmat employee training requirements and grants

-STATUTE-

(a) Training Requirements. - The Secretary of Transportation

shall prescribe by regulation requirements for training that a

hazmat employer must give hazmat employees of the employer on the

safe loading, unloading, handling, storing, and transporting of

hazardous material and emergency preparedness for responding to an

accident or incident involving the transportation of hazardous

material. The regulations -

(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) Beginning and Completing Training. - A hazmat employer shall

begin the training of hazmat employees of the employer not later

than 6 months after the Secretary of Transportation prescribes the

regulations under subsection (a) of this section. The training

shall be completed within a reasonable period of time after -

(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) Certification of Training. - After completing the training,

each hazmat employer shall certify, with documentation the

Secretary of Transportation may require by regulation, that the

hazmat employees of the employer have received training and have

been tested on appropriate transportation areas of responsibility,

including at least one of the following:

(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) Coordination of Training Requirements. - In consultation with

the Administrator of the Environmental Protection Agency and the

Secretary of Labor, the Secretary of Transportation shall ensure

that the training requirements prescribed under this section do not

conflict with or duplicate -

(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) Training Grants. - The Secretary shall, subject to the

availability of funds under section 5127(c)(3), make grants for

training instructors to train hazmat employees under this section.

A grant under this subsection shall be made to a nonprofit hazmat

employee organization that demonstrates -

(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) Relationship to Other Laws. - (1) Chapter 35 of title 44 does

not apply to an activity of the Secretary of Transportation under

subsections (a)-(d) of this section.

(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 (29 U.S.C. 653(b)(1)), of statutory authority to prescribe or

enforce standards or regulations affecting occupational safety or

health.

(g) Existing Effort. - No grant under subsection (e) shall

supplant or replace existing employer-provided hazardous materials

training efforts or obligations.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 763; Pub. L.

103-311, title I, Secs. 106, 119(c)(1)-(3), Aug. 26, 1994, 108

Stat. 1674, 1680.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5107(a) 49 App.:1805(b)(1), Jan. 3, 1975, Pub. L.

(2), (5) (1st 93-633, 88 Stat. 2156, Sec.

sentence). 106(b); added Nov. 16, 1990,

Pub. L. 101-615, Sec. 7(3),

104 Stat. 3253.

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, Pub. L.

93-633, 88 Stat. 2156, Sec.

118(a)-(c); added Nov. 16,

1990, Pub. L. 101-615, Sec.

18, 104 Stat. 3269.

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 section

1816(b) of this title may be made under this section" are omitted

as surplus.

In subsection (f)(1), the words "(relating to coordination of

Federal information policy)" are omitted as surplus.

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-311, Sec. 106, in introductory

provisions inserted "or duplicate" after "conflict with" and in

par. (1) substituted "hazard communication, and hazardous waste

operations, and" for "hazardous waste operations and".

Subsec. (e). Pub. L. 103-311, Sec. 119(c)(1), (2), in first

sentence substituted "The Secretary shall, subject to the

availability of funds under section 5127(c)(3), make grants for

training instructors to train hazmat employees under this section."

for "In consultation with the Secretaries of Transportation and

Labor and the Administrator, the Director of the National Institute

of Environmental Health Sciences may make grants to train hazmat

employees under this section." and in second sentence inserted

"hazmat employee" after "nonprofit".

Subsec. (g). Pub. L. 103-311, Sec. 119(c)(3), added subsec. (g).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5127 of this title; title

8 section 1288.

-End-

-CITE-

49 USC Sec. 5108 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5108. Registration

-STATUTE-

(a) Persons Required to File. - (1) A person shall file a

registration statement with the Secretary of Transportation under

this subsection if the person is transporting or causing to be

transported in commerce any of the following:

(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) Form, Contents, and Limitation on Filings. - (1) A

registration statement under subsection (a) of this section shall

be in the form and contain information the Secretary of

Transportation requires by regulation. The Secretary may use

existing forms of the Department of Transportation and the

Environmental Protection Agency to carry out this subsection. The

statement shall include -

(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) Filing Deadlines and Amendments. - (1) Each person required

to file a registration statement under subsection (a) of this

section must file the first statement not later than March 31,

1992. The Secretary of Transportation may extend that date to

September 30, 1992, for activities referred to in subsection (a)(1)

of this section. A person shall renew the statement periodically

consistent with regulations the Secretary prescribes, but not more

than once each year and not less than once every 5 years.

(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) Simplifying the Registration Process. - The Secretary of

Transportation may take necessary action to simplify the

registration process under subsections (a)-(c) of this section and

to minimize the number of applications, documents, and other

information a person is required to file under this chapter and

other laws of the United States.

(e) Cooperation With Administrator. - The Administrator of the

Environmental Protection Agency shall assist the Secretary of

Transportation in carrying out subsections (a)-(g)(1) and (h) of

this section by providing the Secretary with information the

Secretary requests to carry out the objectives of subsections

(a)-(g)(1) and (h).

(f) Availability of Statements. - The Secretary of Transportation

shall make a registration statement filed under subsection (a) of

this section available for inspection by any person for a fee the

Secretary establishes. However, this subsection does not require

the release of information described in section 552(b) of title 5

or otherwise protected by law from disclosure to the public.

(g) Fees. - (1) The Secretary of Transportation may establish,

impose, and collect from a person required to file a registration

statement under subsection (a) of this section a fee necessary to

pay for the costs of the Secretary in processing the statement.

(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 sections

5108(g)(2), 5115, and 5116 of this title.

(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 section 5116(i) of this title.

However, the Secretary is not required to refund any fee collected

under this paragraph.

(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 section 5116(i) of this

title.

(h) Maintaining Proof of Filing and Payment of Fees. - The

Secretary of Transportation may prescribe regulations requiring a

person required to file a registration statement under subsection

(a) of this section to maintain proof of the filing and payment of

fees imposed under subsection (g) of this section.

(i) Relationship to Other Laws. - (1) Chapter 35 of title 44 does

not apply to an activity of the Secretary of Transportation under

subsections (a)-(g)(1) and (h) of this section.

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 765; Pub. L.

103-311, title I, Secs. 104, 117(a)(3), 119(d)(1), Aug. 26, 1994,

108 Stat. 1673, 1678, 1680; Pub. L. 105-102, Sec. 2(3), Nov. 20,

1997, 111 Stat. 2204; Pub. L. 105-225, Sec. 7(b)(1), Aug. 12, 1998,

112 Stat. 1511.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5108(a)(1) 49 App.:1805(c)(1). Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

106(c); added Nov. 16, 1990,

Pub. L. 101-615, Sec. 8(a),

104 Stat. 3255; Oct. 24,

1992, Pub. L. 102-508, Sec.

503(a)(1)-(3), (b), 106

Stat. 3311.

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) Jan. 3, 1975, Pub. L.

(1)-(5). 93-633, 88 Stat. 2156, Sec.

117A(h)(1)- (5); added Nov.

16, 1990, Pub. L. 101-615,

Sec. 17, 104 Stat. 3267.

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.

PUB. L. 105-102

This amends 49:5108(f) to correct an erroneous cross-reference.

AMENDMENTS

1998 - Subsec. (f). Pub. L. 105-225 substituted "section 552(b)"

for "section 552(f)".

1997 - Subsec. (f). Pub. L. 105-102 which directed substitution

of "section 552(b)" for "section 522(f)" could not be executed

because "section 522(f)" did not appear.

1994 - Subsec. (a)(1)(D). Pub. L. 103-311, Sec. 117(a)(3),

substituted "a bulk packaging" for "a bulk package" and "the bulk

packaging" for "the package".

Subsec. (a)(4). Pub. L. 103-311, Sec. 104, added par. (4).

Subsec. (g)(2)(A)(viii). Pub. L. 103-311, Sec. 119(d)(1), struck

out "5107(e)," before "5108(g)(2)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5107, 5108, 5116, 5127 of

this title.

-End-

-CITE-

49 USC Sec. 5109 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5109. Motor carrier safety permits

-STATUTE-

(a) Requirement. - A motor carrier may transport or cause to be

transported by motor vehicle in commerce hazardous material only if

the carrier holds a safety permit the Secretary of Transportation

issues under this section authorizing the transportation and keeps

a copy of the permit, or other proof of its existence, in the

vehicle. The Secretary shall issue a permit if the Secretary finds

the carrier is fit, willing, and able -

(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) Applicable Transportation. - The Secretary shall prescribe by

regulation the hazardous material and amounts of hazardous material

to which this section applies. However, this section shall apply at

least to transportation by a motor carrier, in amounts the

Secretary establishes, of -

(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) Applications. - 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.

(d) Amendments, Suspensions, and Revocations. - (1) 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.

(2) If the Secretary decides an imminent hazard exists, the

Secretary may amend, suspend, or revoke a permit before scheduling

a hearing.

(e) Procedures. - The Secretary shall prescribe by regulation -

(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) Shipper Responsibility. - 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.

(g) Conditions. - 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.

(h) Regulations. - The Secretary shall prescribe regulations

necessary to carry out this section not later than November 16,

1991.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 767.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5109(a) 49 App.:1805(d)(1), Jan. 3, 1975, Pub. L.

(2). 93-633, 88 Stat. 2156, Sec.

106(d); added Nov. 16, 1990,

Pub. L. 101-615, Sec. 8(a),

104 Stat. 3257; Oct. 24,

1992, Pub. L. 102-508, Sec.

503(a)(4), (5), (b), 106

Stat. 3311.

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, Pub. L.

101-615, Sec. 8(b), 104

Stat. 3258.

--------------------------------------------------------------------

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 (Public Law 101-615, 104 Stat. 3258) is omitted as

obsolete.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5107 of this title.

-End-

-CITE-

49 USC Sec. 5110 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5110. Shipping papers and disclosure

-STATUTE-

(a) Providing Shipping Papers. - Each person offering for

transportation in commerce hazardous material to which the shipping

paper requirements of the Secretary of Transportation apply shall

provide to the carrier providing the transportation a shipping

paper that makes the disclosures the Secretary prescribes under

subsection (b) of this section.

(b) Considerations and Requirements. - In carrying out subsection

(a) of this section, the Secretary shall consider and may require -

(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) Keeping Shipping Papers on the Vehicle. - (1) A motor

carrier, and the person offering the hazardous material for

transportation if a private motor carrier, shall keep the shipping

paper on the vehicle transporting the material.

(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) Disclosure to Emergency Response Authorities. - When an

incident involving hazardous material being transported in commerce

occurs, the person transporting the material, immediately on

request of appropriate emergency response authorities, shall

disclose to the authorities information about the material.

(e) Retention of Papers. - After the hazardous material to which

a shipping paper provided to a carrier under subsection (a) applies

is no longer in transportation, the person who provided the

shipping paper and the carrier required to maintain it under

subsection (a) shall retain the paper or electronic image thereof

for a period of 1 year to be accessible through their respective

principal places of business. Such person and carrier shall, upon

request, make the shipping paper available to a Federal, State, or

local government agency at reasonable times and locations.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 768; Pub. L.

103-311, title I, Sec. 115, Aug. 26, 1994, 108 Stat. 1678.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5110(a) 49 App.:1804(g)(1) Jan. 3, 1975, Pub. L.

(1st sentence words 93-633, 88 Stat. 2156, Sec.

before "for the 105(g); added Nov. 16, 1990,

carrier"). Pub. L. 101-615, Sec. 6, 104

Stat. 3253.

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). Pub. L. 103-311 added subsec. (e).

IMPROVEMENTS TO HAZARDOUS MATERIALS IDENTIFICATION SYSTEMS

Pub. L. 101-615, Sec. 25, Nov. 16, 1990, 104 Stat. 3273, provided

that:

"(a) Rulemaking Proceeding. -

"(1) Initiation. - In order to develop methods of improving the

current system of identifying hazardous materials being

transported in vehicles for safeguarding the health and safety of

persons responding to emergencies involving such hazardous

materials and the public and to facilitate the review and

reporting process required by subsection (d), the Secretary of

Transportation shall initiate a rulemaking proceeding not later

than 30 days after the date of the enactment of this Act [Nov.

16, 1990].

"(2) Primary purposes. - The primary purposes of the rulemaking

proceeding initiated under this subsection are -

"(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) Methods of improving placarding system. - The methods of

improving the current system of placarding to be considered under

the rulemaking proceeding initiated under this subsection shall

include methods to make such placards more visible, methods to

reduce the number of improper and missing placards, alternative

methods of marking vehicles for the purpose of identifying the

hazardous materials being transported, methods of modifying the

composition of placards in order to ensure their resistance to

flammability, methods of improving the coding system used with

respect to such placards, identification of appropriate emergency

response procedures through symbols on placards, and whether or

not telephone numbers of any continually monitored telephone

systems which are established under the Hazardous Materials

Transportation Act [see 49 U.S.C. 5101 et seq.] are displayed on

vehicles transporting hazardous materials.

"(4) Completion of rulemaking proceeding with respect to

reporting system and data center. - Not later than 19 months

after the date of the enactment of this Act [Nov. 16, 1990], the

Secretary of Transportation shall complete the rulemaking

proceeding initiated with respect to the central reporting system

and computerized telecommunications data center described in

subsection (b).

"(5) Final rule with respect to placarding. - Not later than 30

months after the date of the enactment of this Act, the Secretary

of Transportation shall issue a final rule relating to improving

the current system for placarding vehicles transporting hazardous

materials.

"(b) Central Reporting System and Computerized Telecommunications

Data Center Study. -

"(1) Arrangements with national academy of sciences. - Not

later than 30 days after the date of the enactment of this Act

[Nov. 16, 1990], the Secretary of Transportation shall undertake

to enter into appropriate arrangements with the National Academy

of Sciences to conduct a study of the feasibility and necessity

of establishing and operating a central reporting system and

computerized telecommunications data center that is capable of

receiving, storing, and retrieving data concerning all daily

shipments of hazardous materials, that can identify hazardous

materials being transported by any mode of transportation, and

that can provide information to facilitate responses to accidents

and incidents involving the transportation of hazardous

materials.

"(2) Consultation and report. - In entering into any

arrangements with the National Academy of Sciences for conducting

the study under this section, the Secretary of Transportation

shall request the National Academy of Sciences -

"(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) Authorization of appropriation. - In addition to amounts

authorized under section 115 of the Hazardous Materials

Transportation Act [see 49 U.S.C. 5127(a)], there is authorized

to be appropriated to the Secretary of Transportation to carry

out this subsection $350,000.

"(c) Additional Purposes of Rulemaking Proceeding and Study. -

Additional purposes of the rulemaking proceeding initiated under

subsection (a) with respect to a central reporting system and

computerized telecommunications data center described in subsection

(b) and the study conducted under subsection (b) are -

"(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) Review and Report to Congress. -

"(1) In general. - Not later than 25 months after the date of

the enactment of this Act [Nov. 16, 1990], the Secretary of

Transportation shall review the report of the National Academy of

Sciences submitted under subsection (b) and the results of

rulemaking proceeding initiated under subsection (a) with respect

to a central reporting system and computerized telecommunications

data center and shall prepare and submit to Congress a report

summarizing the report of the National Academy of Sciences and

the results of such rulemaking proceeding, together with the

Secretary's recommendations concerning the establishment and

operation of such a system and center and the Secretary's

recommendations concerning implementation of the recommendations

contained in the report of the National Academy of Sciences.

"(2) Weight to be given to recommendations of nas. - In

conducting the review and preparing the report under this

subsection, the Secretary shall give substantial weight to the

recommendations contained in the report of the National Academy

of Sciences submitted under subsection (b).

"(3) Inclusion of reasons for not following recommendations. -

If the Secretary does not include in the report prepared for

submission to Congress under this subsection a recommendation for

implementation of a recommendation contained in the report of the

National Academy of Sciences submitted under subsection (b), the

Secretary shall include in the report to Congress under this

subsection the Secretary's reasons for not recommending

implementation of the recommendation of the National Academy of

Sciences."

CONTINUALLY MONITORED TELEPHONE SYSTEMS

Pub. L. 101-615, Sec. 26, Nov. 16, 1990, 104 Stat. 3273, provided

that:

"(a) Rulemaking Proceeding. - Not later than 90 days after the

date of the enactment of this Act [Nov. 16, 1990], the Secretary of

Transportation shall initiate a rulemaking proceeding on the

feasibility, necessity, and safety benefits of requiring carriers

involved in the hazardous materials transportation industry to

establish continually monitored telephone systems equipped to

provide emergency response information and assistance with respect

to accidents and incidents involving hazardous materials.

Additional objectives of such proceeding shall be to determine

which hazardous materials, if any, should be covered by such a

requirement and which segments of such industry (including persons

who own and operate motor vehicles, trains, vessels, aircraft, and

in-transit storage facilities) should be covered by such a

requirement.

"(b) Completion of Proceeding. - Not later than 30 months after

the date of the enactment of this Act [Nov. 16, 1990], the

Secretary of Transportation shall complete the proceeding under

this section and may issue a final rule relating to establishment

of continually monitored telephone systems described in subsection

(a)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5117, 5120, 5125 of this

title; title 8 section 1288.

-End-

-CITE-

49 USC Sec. 5111 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5111. Rail tank cars

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 769.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5111 49 App.:1817. Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

119; added Nov. 16, 1990,

Pub. L. 101-615, Sec. 19,

104 Stat. 3269.

--------------------------------------------------------------------

The text of 49 App.:1817(a) and the words "after July 1, 1991"

are omitted as obsolete.

-End-

-CITE-

49 USC Sec. 5112 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5112. Highway routing of hazardous material

-STATUTE-

(a) Application. - (1) This section applies to a motor vehicle

only if the vehicle is transporting hazardous material in commerce

for which placarding of the vehicle is required under regulations

prescribed under this chapter. However, the Secretary of

Transportation by regulation may extend application of this section

or a standard prescribed under subsection (b) of this section to -

(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

section 5125(c) of this title, each State and Indian tribe may

establish, maintain, and enforce -

(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) Standards for States and Indian Tribes. - (1) The Secretary,

in consultation with the States, shall prescribe by regulation

standards for States and Indian tribes to use in carrying out

subsection (a) of this section. The standards shall include -

(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) List of Route Designations. - In coordination with the

States, the Secretary shall update and publish periodically a list

of currently effective hazardous material highway route

designations.

(d) Dispute Resolution. - (1) The Secretary shall prescribe

regulations for resolving a dispute related to through highway

routing or to an agreement with a proposed highway route

designation, limitation, or requirement between or among States,

political subdivisions of different States, or Indian tribes.

(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) Relationship to Other Laws. - This section and regulations

prescribed under this section do not affect sections 31111 and

31113 of this title or section 127 of title 23.

(f) Existing Radioactive Material Routing Regulations. - The

Secretary is not required to amend or again prescribe regulations

related to highway routing designations over which radioactive

material may and may not be transported by motor vehicles, and

limitations and requirements related to the routing, that were in

effect on November 16, 1990.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 769.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5112(a)(1) 49 App.:1804(b)(7). Jan. 3, 1975, Pub. L.

93-633, Sec. 105(b)(1)-(3),

(5)-(9), (c), 88 Stat. 2157;

restated Nov. 16, 1990, Pub.

L. 101-615, Sec. 4, 104

Stat. 3248, 3251.

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

Pub. L. 103-311, title I, Sec. 121, Aug. 26, 1994, 108 Stat.

1681, directed Secretary of Transportation to submit to Congress,

not later than 1 year after Aug. 26, 1994, report on results of

study to determine safety considerations of transporting hazardous

materials by motor carriers in close proximity to Federal prisons,

particularly those housing maximum security prisoners, which was to

include evaluation of ability of such facilities and designated

local planning agencies to safely evacuate such prisoners in event

of emergency and any special training, equipment, or personnel that

would be required by such facility and designated local emergency

planning agencies to carry out such evacuation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5117, 5120, 5125 of this

title.

-End-

-CITE-

49 USC Sec. 5113 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5113. Unsatisfactory safety rating

-STATUTE-

See section 31144.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 771; Pub. L.

105-178, title IV, Sec. 4009(b), June 9, 1998, 112 Stat. 407.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5113(a) 49 App.:1814(a). Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

117; added Nov. 3, 1990,

Pub. L. 101-500, Sec.

15(b)(1), 104 Stat. 1218.

5113(b) 49 App.:1814(b).

5113(c) 49 App.:1814(c).

5113(d) 49 App.:2501 (note). Nov. 3, 1990, Pub. L.

101-500, Sec. 15(b)(2), 104

Stat. 1219.

--------------------------------------------------------------------

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.

AMENDMENTS

1998 - Pub. L. 105-178 substituted "See section 31144." for

subsecs. (a) to (d) which related to unsatisfactory safety ratings.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5127, 31144 of this

title.

-End-

-CITE-

49 USC Sec. 5114 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5114. Air transportation of ionizing radiation material

-STATUTE-

(a) Transporting in Air Commerce. - Material that emits ionizing

radiation spontaneously may be transported on a passenger-carrying

aircraft in air commerce (as defined in section 40102(a) of this

title) only if the material is intended for a use in, or incident

to, research or medical diagnosis or treatment and does not present

an unreasonable hazard to health and safety when being prepared

for, and during, transportation.

(b) Procedures. - The Secretary of Transportation shall prescribe

procedures for monitoring and enforcing regulations prescribed

under this section.

(c) Nonapplication. - This section does not apply to material the

Secretary decides does not pose a significant hazard to health or

safety when transported because of its low order of radioactivity.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 772.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5114(a) 49 App.:1807(a) Jan. 3, 1975, Pub. L.

(1st, 2d 93-633, Sec. 108, 88 Stat.

sentences), (b) 2159; Nov. 16, 1990, Pub. L.

(1st sentence). 101-615, Sec. 10, 104 Stat.

3259.

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.

-End-

-CITE-

49 USC Sec. 5115 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5115. Training curriculum for the public sector

-STATUTE-

(a) Development and Updating. - Not later than November 16, 1992,

in coordination with the Director of the Federal Emergency

Management Agency, Chairman of the Nuclear Regulatory Commission,

Administrator of the Environmental Protection Agency, Secretaries

of Labor, Energy, and Health and Human Services, and Director of

the National Institute of Environmental Health Sciences, and using

the existing coordinating mechanisms of the national response team

and, for radioactive material, the Federal Radiological

Preparedness Coordinating Committee, the Secretary of

Transportation shall develop and update periodically a curriculum

consisting of a list of courses necessary to train public sector

emergency response and preparedness teams. Only in developing the

curriculum, the Secretary of Transportation shall consult with

regional response teams established under the national contingency

plan established under section 105 of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9605), representatives of commissions established under

section 301 of the Emergency Planning and Community Right-To-Know

Act of 1986 (42 U.S.C. 11001), persons (including governmental

entities) that provide training for responding to accidents and

incidents involving the transportation of hazardous material, and

representatives of persons that respond to those accidents and

incidents.

(b) Requirements. - The curriculum developed under subsection (a)

of this section -

(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 (42 U.S.C.

9660a); and

(2) may include recommendations on material appropriate for use

in a recommended basic course described in clause (1)(B) of this

subsection.

(c) Training on Complying With Legal Requirements. - A

recommended basic course described in subsection (b)(1)(B) of this

section shall provide the training necessary for public sector

employees to comply with -

(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) Distribution and Publication. - With the national response

team -

(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 (42 U.S.C. 11001); and

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 772; Pub. L.

103-429, Sec. 6(5), Oct. 31, 1994, 108 Stat. 4378.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5115(a) 49 App.:1815(g)(1), Jan. 3, 1975, Pub. L.

(5). 93-633, 88 Stat. 2156, Sec.

117A (g)(1)-(6), (8); added

Nov. 16, 1990, Pub. L.

101-615, Sec. 17, 104 Stat.

3265, 3267.

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). Pub. L. 103-429 substituted "126(g)"

for "126".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5108, 5116, 5127 of this

title.

-End-

-CITE-

49 USC Sec. 5116 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5116. Planning and training grants, monitoring, and review

-STATUTE-

(a) Planning Grants. - (1) The Secretary of Transportation shall

make grants to States and Indian tribes -

(A) to develop, improve, and carry out emergency plans under

the Emergency Planning and Community Right-To-Know Act of 1986

(42 U.S.C. 11001 et seq.), including ascertaining flow patterns

of hazardous material on lands under the jurisdiction of a State

or Indian tribe, and between lands under the jurisdiction of a

State or Indian tribe and lands of another State or Indian tribe;

and

(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 (42 U.S.C. 11001(c))

to develop emergency plans under 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) Training Grants. - (1) The Secretary of Transportation shall

make grants to States and Indian tribes to train public sector

employees to respond to accidents and incidents involving hazardous

material.

(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 section 5115 of

this title; or

(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) Compliance With Certain Law. - The Secretary of

Transportation may make a grant to a State under this section in a

fiscal year only if the State certifies that the State complies

with sections 301 and 303 of the Emergency Planning and Community

Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003).

(d) Applications. - A State or Indian tribe interested in

receiving a grant under this section shall submit an application to

the Secretary of Transportation. The application must be submitted

at the time, and contain information, the Secretary requires by

regulation to carry out the objectives of this section.

(e) Government's Share of Costs. - A grant under this section is

for 80 percent of the cost the State or Indian tribe incurs in the

fiscal year to carry out the activity for which the grant is made.

Amounts of the State or tribe under subsections (a)(2)(A) and

(b)(2)(A) of this section are not part of the non-Government share

under this subsection.

(f) Monitoring and Technical Assistance. - In coordination with

the Secretaries of Transportation and Energy, Administrator of the

Environmental Protection Agency, and Director of the National

Institute of Environmental Health Sciences, the Director of the

Federal Emergency Management Agency shall monitor public sector

emergency response planning and training for an accident or

incident involving hazardous material. Considering the results of

the monitoring, the Secretaries, Administrator, and Directors each

shall provide technical assistance to a State, political

subdivision of a State, or Indian tribe for carrying out emergency

response training and planning for an accident or incident

involving hazardous material and shall coordinate the assistance

using the existing coordinating mechanisms of the national response

team and, for radioactive material, the Federal Radiological

Preparedness Coordinating Committee.

(g) Delegation of Authority. - To minimize administrative costs

and to coordinate Government grant programs for emergency response

training and planning, the Secretary of Transportation may delegate

to the Directors of the Federal Emergency Management Agency and

National Institute of Environmental Health Sciences, Chairman of

the Nuclear Regulatory Commission, Administrator of the

Environmental Protection Agency, and Secretaries of Labor and

Energy any of the following:

(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) Minimizing Duplication of Effort and Expenses. - The

Secretaries of Transportation, Labor, and Energy, Directors of the

Federal Emergency Management Agency and National Institute of

Environmental Health Sciences, Chairman of the Nuclear Regulatory

Commission, and Administrator of the Environmental Protection

Agency shall review periodically, with the head of each department,

agency, or instrumentality of the Government, all emergency

response and preparedness training programs of that department,

agency, or instrumentality to minimize duplication of effort and

expense of the department, agency, or instrumentality in carrying

out the programs and shall take necessary action to minimize

duplication.

(i) Annual Registration Fee Account and Its Uses. - The Secretary

of the Treasury shall establish an account in the Treasury into

which the Secretary of the Treasury shall deposit amounts the

Secretary of Transportation collects under section 5108(g)(2)(A) of

this title and transfers to the Secretary of the Treasury under

section 5108(g)(2)(C) of this title. Without further appropriation,

amounts in the account are available -

(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 sections 5108(g)(2) and 5115 of this title, except that not

more than 10 percent of the amounts made available from the

account in a fiscal year may be used to pay those costs.

(j) Supplemental Training Grants. -

(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 section

5115 of this title; 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) Reports. - Not later than September 30, 1997, the Secretary

shall submit to Congress a report on the allocation and uses of

training grants authorized under subsection (b) for fiscal year

1993 through fiscal year 1996 and grants authorized under

subsection (j) and section 5107 for fiscal years 1995 and 1996.

Such report shall identify the ultimate recipients of training

grants and include a detailed accounting of all grant expenditures

by grant recipients, the number of persons trained under the grant

programs, and an evaluation of the efficacy of training programs

carried out.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 773; Pub. L.

103-311, title I, Secs. 105, 119(a), (d)(2), (3), Aug. 26, 1994,

108 Stat. 1673, 1679, 1680; Pub. L. 103-429, Sec. 7(c), Oct. 31,

1994, 108 Stat. 4389; Pub. L. 104-287, Secs. 5(8), 6(b), Oct. 11,

1996, 110 Stat. 3389, 3398.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5116(a) 49 App.:1815(a). Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

117A(a)-(f), (g)(7), (9),

(h)(6); added Nov. 16, 1990,

Pub. L. 101-615, Sec. 17,

104 Stat. 3263, 3266, 3267,

3268.

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.

PUB. L. 104-287, SEC. 5(8)

This amends 49:5116(j)(4)(A) to correct an erroneous

cross-reference.

-REFTEXT-

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 Pub. L.

99-499, Oct. 17, 1986, 100 Stat. 1728, which is classified

generally to chapter 116 (Sec. 11001 et seq.) of Title 42, The

Public Health and Welfare. For complete classification of this Act

to the Code, see Short Title note set out under section 11001 of

Title 42 and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-287, Sec. 6(b), made technical

correction to directory language of Pub. L. 103-311, Sec.

105(b)(2). See 1994 Amendment note below.

Subsec. (j)(4)(A). Pub. L. 104-287, Sec. 5(8), substituted

"section 5115 of this title" for "subsection (g)".

1994 - Subsec. (a)(1). Pub. L. 103-311, Sec. 105(a), in

introductory provisions inserted "and Indian tribes" after

"States", and in subpar. (A) substituted "on lands under the

jurisdiction of a State or Indian tribe, and between lands under

the jurisdiction of a State or Indian tribe and lands of another

State or Indian tribe" for "in a State and between States".

Subsec. (a)(2). Pub. L. 103-311, Sec. 105(b)(2), as amended by

Pub. L. 104-287, Sec. 6(b), struck out "the State" after "only if"

in introductory provisions.

Pub. L. 103-311, Sec. 105(b)(1), inserted "or Indian tribe" after

"grant to a State" in introductory provisions.

Subsec. (a)(2)(A). Pub. L. 103-311, Sec. 105(b)(1), (3), inserted

"the State or Indian tribe" before "certifies" and "or Indian

tribe" before "expends".

Subsec. (a)(2)(B). Pub. L. 103-311, Sec. 105(b)(4), inserted "the

State" before "agrees".

Subsec. (a)(3). Pub. L. 103-311, Sec. 105(c), added par. (3).

Subsec. (i)(1). Pub. L. 103-311, Sec. 119(d)(2), as amended by

Pub. L. 103-429, struck out "and section 5107(e) of this title"

after "under this section".

Subsec. (i)(3). Pub. L. 103-311, Sec. 119(d)(3), as amended by

Pub. L. 103-429, substituted "5108(g)(2)" for "5107(e),

5108(g)(2),".

Subsecs. (j), (k). Pub. L. 103-311, Sec. 119(a), added subsecs.

(j) and (k).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 6(b) of Pub. L. 104-287 provided that the amendment made

by that section is effective Aug. 26, 1994.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 7(c) of Pub. L. 103-429 provided that the amendment made

by that section is effective Aug. 26, 1994.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5108, 5127 of this title.

-End-

-CITE-

49 USC Sec. 5117 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5117. Exemptions and exclusions

-STATUTE-

(a) Authority To Exempt. - (1) As provided under procedures

prescribed by regulation, the Secretary of Transportation may issue

an exemption from this chapter or a regulation prescribed under

section 5103(b), 5104, 5110, or 5112 of this title to a person

transporting, or causing to be transported, hazardous material in a

way that achieves a safety level -

(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) Applications. - When applying for an exemption or renewal of

an exemption under this section, the person must provide a safety

analysis prescribed by the Secretary that justifies the exemption.

The Secretary shall publish in the Federal Register notice that an

application for an exemption has been filed and shall give the

public an opportunity to inspect the safety analysis and comment on

the application. This subsection does not require the release of

information protected by law from public disclosure.

(c) Applications To Be Dealt With Promptly. - The Secretary shall

issue or renew the exemption for which an application was filed or

deny such issuance or renewal within 180 days after the first day

of the month following the date of the filing of such application,

or the Secretary shall publish a statement in the Federal Register

of the reason why the Secretary's decision on the exemption is

delayed, along with an estimate of the additional time necessary

before the decision is made.

(d) Exclusions. - (1) The Secretary shall exclude, in any part,

from this chapter and regulations prescribed under this chapter -

(A) a public vessel (as defined in section 2101 of title 46);

(B) a vessel exempted under section 3702 of title 46 from

chapter 37 of title 46; and

(C) a vessel to the extent it is regulated under the Ports and

Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.).

(2) This chapter and regulations prescribed under this chapter do

not prohibit -

(A) or regulate transportation of a firearm (as defined in

section 232 of title 18), or ammunition for a firearm, by an

individual for personal use; or

(B) transportation of a firearm or ammunition in commerce.

(e) Limitation on Authority. - Unless the Secretary decides that

an emergency exists, an exemption or renewal granted under this

section is the only way a person subject to this chapter may be

exempt from this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 776; Pub. L.

103-311, title I, Sec. 120(a), Aug. 26, 1994, 108 Stat. 1680.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5117(a) 49 App.:1806(a) Jan. 3, 1975, Pub. L.

(1st, 2d sentences). 93-633, Sec. 107, 88 Stat.

2158; Nov. 16, 1990, Pub. L.

101-615, Sec. 9, 104 Stat.

3259.

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

section 552 of title 5, or which is otherwise" are omitted as

surplus.

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.

-REFTEXT-

REFERENCES IN TEXT

The Ports and Waterways Safety Act of 1972, referred to in

subsec. (d)(1)(C), is Pub. L. 92-340, July 10, 1972, 86 Stat. 424,

as amended, which is classified generally to chapter 25 (Sec. 1221

et seq.) of Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see Short Title note set

out under section 1221 of Title 33 and Tables.

-MISC2-

AMENDMENTS

1994 - Subsecs. (c) to (e). Pub. L. 103-311 added subsec. (c) and

redesignated former subsecs. (c) and (d) as (d) and (e),

respectively.

-End-

-CITE-

49 USC Sec. 5118 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5118. Inspectors

-STATUTE-

(a) General Requirement. - The Secretary of Transportation shall

maintain the employment of 30 hazardous material safety inspectors

more than the total number of safety inspectors authorized for the

fiscal year that ended September 30, 1990, for the Federal Railroad

Administration, the Federal Highway Administration, and the

Research and Special Programs Administration.

(b) Allocation To Promote Safety in Transporting Radioactive

Material. - (1) The Secretary shall ensure that 10 of the 30

additional inspectors focus on promoting safety in transporting

radioactive material, as defined by the Secretary, including

inspecting -

(A) at the place of origin, shipments of high-level radioactive

waste or nuclear spent material (as those terms are defined in

section 5105(a) of this title); and

(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) Allocation of Other Inspectors. - The Secretary shall

allocate, as the Secretary decides, the 20 additional inspectors

authorized under this section and not allocated under subsection

(b) of this section among the administrations referred to in

subsection (b)(3)(A)-(C) of this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 777.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5118(a) 49 App.:1813 (note). Nov. 16, 1990, Pub. L.

101-615, Sec. 16(a) (1st

sentence), 104 Stat. 3262.

5118(b) 49 App.:1813 (note). Nov. 16, 1990, Pub. L.

101-615, Sec. 16(a) (2d,

last sentences)-(c), 104

Stat. 3262.

5118(c) 49 App.:1813 (note). Nov. 16, 1990, Pub. L.

101-615, Sec. 16(d), 104

Stat. 3262.

--------------------------------------------------------------------

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.

-End-

-CITE-

49 USC Sec. 5119 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5119. Uniform forms and procedures

-STATUTE-

(a) Working Group. - The Secretary of Transportation shall

establish a working group of State and local government officials,

including representatives of the National Governors' Association,

the National Association of Counties, the National League of

Cities, the United States Conference of Mayors, and the National

Conference of State Legislatures. The purposes of the working group

are -

(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) Consultation and Reporting. - The working group -

(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 Transportation and

Infrastructure 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) Regulations on Recommendations. - (1) The Secretary shall

prescribe regulations to carry out the recommendations contained in

the report submitted under subsection (b) of this section with

which the Secretary agrees. The regulations shall be prescribed by

the later of the last day of the 3-year period beginning on the

date the working group submitted its report or the last day of the

90-day period beginning on the date on which at least 26 States

adopt all of the recommendations of the report. A regulation

prescribed under this subsection may not define or limit the amount

of a fee a State may impose or collect.

(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) Relationship to Other Laws. - The Federal Advisory Committee

Act (5 App. U.S.C.) does not apply to the working group.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 777; Pub. L.

104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5119(a) 49 App.:1819(a). Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

121(a)-(g); added Nov. 16,

1990, Pub. L. 101-615, Sec.

22, 104 Stat. 3271; Oct. 24,

1992, Pub. L. 102-508, Sec.

507, 106 Stat. 3312.

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.

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (d),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(2), Pub. L. 104-287 substituted

"Transportation and Infrastructure" for "Public Works and

Transportation".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5102, 5127 of this title.

-End-

-CITE-

49 USC Sec. 5120 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5120. International uniformity of standards and requirements

-STATUTE-

(a) Participation in International Forums. - Subject to guidance

and direction from the Secretary of State, the Secretary of

Transportation shall participate in international forums that

establish or recommend mandatory standards and requirements for

transporting hazardous material in international commerce.

(b) Consultation. - The Secretary of Transportation may consult

with interested authorities to ensure that, to the extent

practicable, regulations the Secretary prescribes under sections

5103(b), 5104, 5110, and 5112 of this title are consistent with

standards related to transporting hazardous material that

international authorities adopt.

(c) Differences With International Standards and Requirements. -

This section -

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 778.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5120(a) 49 App.:1804(d)(1). Jan. 3, 1975, Pub. L.

93-633, Sec. 105(d), 88

Stat. 2157; restated Nov.

16, 1990, Pub. L. 101-615

Sec. 4, 104 Stat. 3252.

5120(b) 49 App.:1804(d)(2)

(1st sentence).

5120(c) 49 App.:1804(d)(2)

(last sentence).

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 5121 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5121. Administrative

-STATUTE-

(a) General Authority. - To carry out this chapter, the Secretary

of Transportation may investigate, make reports, issue subpenas,

conduct hearings, require the production of records and property,

take depositions, and conduct research, development, demonstration,

and training activities. After notice and an opportunity for a

hearing, the Secretary may issue an order requiring compliance with

this chapter or a regulation prescribed under this chapter.

(b) Records, Reports, and Information. - A person subject to this

chapter shall -

(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) Inspection. - (1) The Secretary may authorize an officer,

employee, or agent to inspect, at a reasonable time and in a

reasonable way, records and property related to -

(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) Facility, Staff, and Reporting System on Risks, Emergencies,

and Actions. - (1) The Secretary shall -

(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) Report. - The Secretary shall, once every 2 years, prepare

and submit to the President for transmittal to the Congress a

comprehensive report on the transportation of hazardous materials

during the preceding 2 calendar years. The report shall include -

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 779; Pub. L.

103-311, title I, Secs. 108, 117(a)(2), Aug. 26, 1994, 108 Stat.

1674, 1678.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5121(a) 49 App.:1808(a) Jan. 3, 1975, Pub. L.

(1st sentence, last 93-633, Sec. 109(a) (1st

sentence words sentence, last sentence

before semicolon). words before semicolon),

(b), (c), 88 Stat. 2159.

5121(b) 49 App.:1808(b).

5121(c) 49 App.:1808(c).

5121(d) 49 App.:1808(d). Jan. 3, 1975, Pub. L.

93-633, Sec. 109(d), 88

Stat. 2159; Oct. 30, 1984,

Pub. L. 98-559, Sec. 1(a),

98 Stat. 2907; Nov. 16,

1990, Pub. L. 101-615, Sec.

11, 104 Stat. 3259.

5121(e) 49 App.:1808(e). Jan. 3, 1975, Pub. L.

93-633, Sec. 109(e), 88

Stat. 2159; Oct. 30, 1984,

Pub. L. 98-559, Sec. 1(b),

98 Stat. 2907.

--------------------------------------------------------------------

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). Pub. L. 103-311, Sec. 117(a)(2),

substituted "a packaging or a" for "a package or".

Subsec. (e). Pub. L. 103-311, Sec. 108, substituted "Report" for

"Annual Report" in heading and substituted first sentence for

former first sentence which read as follows: "The Secretary shall

submit to the President, for submission to Congress, not later than

June 15th of each year, a report about the transportation of

hazardous material during the prior calendar year."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 8th item on page 135 identifies a requirement to transmit

reports to Congress under a provision which, as subsequently

amended, is contained in subsec. (e) of this section), see section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance.

TOLL FREE NUMBER FOR REPORTING

Section 116 of Pub. L. 103-311 provided that: "The Secretary of

Transportation shall designate a toll free telephone number for

transporters of hazardous materials and other individuals to report

to the Secretary possible violations of chapter 51 of title 49,

United States Code, or any order or regulation issued under that

chapter."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5710 of this title.

-End-

-CITE-

49 USC Sec. 5122 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5122. Enforcement

-STATUTE-

(a) General. - At the request of the Secretary of Transportation,

the Attorney General may bring a civil action in an appropriate

district court of the United States to enforce this chapter or a

regulation prescribed or order issued under this chapter. The court

may award appropriate relief, including punitive damages.

(b) Imminent Hazards. - (1) If the Secretary has reason to

believe that an imminent hazard exists, the Secretary may bring a

civil action in an appropriate district court of the United States

-

(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.

(c) Withholding of Clearance. - (1) If any owner, operator, or

individual in charge of a vessel is liable for a civil penalty

under section 5123 of this title or for a fine under section 5124

of this title, or if reasonable cause exists to believe that such

owner, operator, or individual in charge may be subject to such a

civil penalty or fine, the Secretary of the Treasury, upon the

request of the Secretary, shall with respect to such vessel refuse

or revoke any clearance required by section 4197 of the Revised

Statutes of the United States (46 App. U.S.C. 91).

(2) Clearance refused or revoked under this subsection may be

granted upon the filing of a bond or other surety satisfactory to

the Secretary.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 780; Pub. L.

104-324, title III, Sec. 312(a), Oct. 19, 1996, 110 Stat. 3920.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5122(a) 49 App.:1808(a) Jan. 3, 1975, Pub. L.

(last sentence 93-633, Secs. 109(a) (last

words after sentence words after

semicolon). semicolon), 111(a), 88 Stat.

2159, 2161.

49 App.:1810(a).

5122(b) 49 App.:1810(b). Jan. 3, 1975, Pub. L.

93-633, Sec. 111(b), 88

Stat. 2161; Nov. 16, 1990,

Pub. L. 101-615, Sec. 3(b),

104 Stat. 3247.

--------------------------------------------------------------------

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.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-324 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5711 of this title.

-End-

-CITE-

49 USC Sec. 5123 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5123. Civil penalty

-STATUTE-

(a) Penalty. - (1) 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. A person

acts knowingly when -

(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) Hearing Requirement. - The Secretary of Transportation may

find that a person has violated this chapter or a regulation

prescribed under this chapter only after notice and an opportunity

for a hearing. The Secretary shall impose a penalty under this

section by giving the person written notice of the amount of the

penalty.

(c) Penalty Considerations. - In determining the amount of a

civil penalty under this section, the Secretary shall consider -

(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) Civil Actions To Collect. - The Attorney General may bring a

civil action in an appropriate district court of the United States

to collect a civil penalty under this section.

(e) Compromise. - The Secretary may compromise the amount of a

civil penalty imposed under this section before referral to the

Attorney General.

(f) Setoff. - The Government may deduct the amount of a civil

penalty imposed or compromised under this section from amounts it

owes the person liable for the penalty.

(g) Depositing Amounts Collected. - Amounts collected under this

section shall be deposited in the Treasury as miscellaneous

receipts.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 780.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5123(a)(1) 49 App.:1809(a)(1) Jan. 3, 1975, Pub. L.

(1st sentence less 93-633, Sec. 110(a)(1), 88

3d-16th words, 2d Stat. 2160; Nov. 16, 1990,

sentence words Pub. L. 101-615, Sec.

before 4th comma, 12(a)(1), 104 Stat. 3259.

3d sentence).

49 App.:1809(a)(3). Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

110(a)(3); added Nov. 16,

1990, Pub. L. 101-615, Sec.

12(a)(2), 104 Stat. 3259.

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), 49 App.:1809(a)(2) Jan. 3, 1975, Pub. L.

(e) (1st sentence). 93-633, Sec. 110(a)(2), 88

Stat. 2160.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5102, 5122, 5711 of this

title.

-End-

-CITE-

49 USC Sec. 5124 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5124. Criminal penalty

-STATUTE-

A person knowingly violating section 5104(b) of this title or

willfully violating this chapter or a regulation prescribed or

order issued under this chapter shall be fined under title 18,

imprisoned for not more than 5 years, or both.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 781.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5124 49 App.:1809(b). Jan. 3, 1975, Pub. L.

93-633, Sec. 110(b), 88

Stat. 2161; restated Nov.

16, 1990, Pub. L. 101-615,

Sec. 12(b), 104 Stat. 3259.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5102, 5122, 5711 of this

title.

-End-

-CITE-

49 USC Sec. 5125 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5125. Preemption

-STATUTE-

(a) General. - Except as provided in subsections (b), (c), and

(e) of this section and unless authorized by another law of the

United States, a requirement of a State, political subdivision of a

State, or Indian tribe is preempted if -

(1) complying with a requirement of the State, political

subdivision, or tribe and a requirement of this chapter, a

regulation prescribed under this chapter, or a hazardous

materials transportation security regulation or directive issued

by the Secretary of Homeland Security 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, a regulation prescribed under this

chapter, or a hazardous materials transportation security

regulation or directive issued by the Secretary of Homeland

Security.

(b) Substantive Differences. - (1) Except as provided in

subsection (c) of this section and unless authorized by another law

of the United States, a law, regulation, order, or other

requirement of a State, political subdivision of a State, or Indian

tribe about any of the following subjects, that is not

substantively the same as a provision of this chapter, a regulation

prescribed under this chapter, or a hazardous materials

transportation security regulation or directive issued by the

Secretary of Homeland Security, is preempted:

(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 section 5103(b), 5104, 5110, or 5112 of this title

or prior comparable provision of law a regulation or standard

related to a subject referred to in paragraph (1) of this

subsection, a State, political subdivision of a State, or Indian

tribe may prescribe, issue, maintain, and enforce only a law,

regulation, standard, or order about the subject that is

substantively the same as a provision of this chapter or a

regulation prescribed or order issued under this chapter. The

Secretary shall decide on and publish in the Federal Register the

effective date of section 5103(b) of this title for any regulation

or standard about any of those subjects that the Secretary

prescribes after November 16, 1990. However, the effective date may

not be earlier than 90 days after the Secretary prescribes the

regulation or standard nor later than the last day of the 2-year

period beginning on the date the Secretary prescribes the

regulation or standard.

(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) Compliance With Section 5112(b) Regulations. - (1) Except as

provided in paragraph (2) of this subsection, after the last day of

the 2-year period beginning on the date a regulation is prescribed

under section 5112(b) of this title, a State or Indian tribe may

establish, maintain, or enforce a highway routing designation over

which hazardous material may or may not be transported by motor

vehicles, or a limitation or requirement related to highway

routing, only if the designation, limitation, or requirement

complies with section 5112(b).

(2)(A) A highway routing designation, limitation, or requirement

established before the date a regulation is prescribed under

section 5112(b) of this title does not have to comply with section

5112(b)(1)(B), (C), and (F).

(B) This subsection and section 5112 of this title do not require

a State or Indian tribe to comply with section 5112(b)(1)(I) if the

highway routing designation, limitation, or requirement was

established before November 16, 1990.

(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 section 5112(d) of this title.

(d) Decisions on Preemption. - (1) A person (including a State,

political subdivision of a State, or Indian tribe) directly

affected by a requirement of a State, political subdivision, or

tribe may apply to the Secretary, as provided by regulations

prescribed by the Secretary, for a decision on whether the

requirement is preempted by subsection (a), (b)(1), or (c) of this

section. The Secretary shall publish notice of the application in

the Federal Register. The Secretary shall issue a decision on an

application for a determination within 180 days after the date of

the publication of the notice of having received such application,

or the Secretary shall publish a statement in the Federal Register

of the reason why the Secretary's decision on the application is

delayed, along with an estimate of the additional time necessary

before the decision is made. After notice is published, an

applicant may not seek judicial relief on the same or substantially

the same issue until the Secretary takes final action on the

application or until 180 days after the application is filed,

whichever occurs first.

(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) Waiver of Preemption. - A State, political subdivision of a

State, or Indian tribe may apply to the Secretary for a waiver of

preemption of a requirement the State, political subdivision, or

tribe acknowledges is preempted by subsection (a), (b)(1), or (c)

of this section. Under a procedure the Secretary prescribes by

regulation, the Secretary may waive preemption on deciding the

requirement -

(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) Judicial Review. - A party to a proceeding under subsection

(d) or (e) of this section may bring a civil action in an

appropriate district court of the United States for judicial review

of the decision of the Secretary not later than 60 days after the

decision becomes final.

(g) Fees. - (1) A State, political subdivision of a State, or

Indian tribe may impose a fee related to transporting hazardous

material only if the fee is fair and used for a purpose related to

transporting hazardous material, including enforcement and

planning, developing, and maintaining a capability for emergency

response.

(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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 781; Pub. L.

103-311, title I, Secs. 107, 117(a)(2), 120(b), Aug. 26, 1994, 108

Stat. 1674, 1678, 1681; Pub. L. 103-429, Sec. 6(6), Oct. 31, 1994,

108 Stat. 4378; Pub. L. 107-296, title XVII, Sec. 1711(b), Nov. 25,

2002, 116 Stat. 2320.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5125(a) 49 App.:1811(a). Jan. 3, 1975, Pub. L.

93-633, Sec. 112(a)-(e), 88

Stat. 2161; Nov. 30, 1979,

Pub. L. 96-129, Sec. 216(a),

93 Stat. 1015; restated Nov.

16, 1990, Pub. L. 101-615,

Sec. 13, 104 Stat. 3259.

5125(b) 49 App.:1804(a)(4), Jan. 3, 1975, Pub. L.

(5). 93-633, Sec. 105(a)(4), (5),

(b)(4), 88 Stat. 2157;

restated Nov. 16, 1990, Pub.

L. 101-615, Sec. 4, 104

Stat. 3247, 3250.

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 (Public Law 103-272, 108 Stat. 781).

AMENDMENTS

2002 - Subsecs. (a), (b)(1). Pub. L. 107-296 substituted

"chapter, a regulation prescribed under this chapter, or a

hazardous materials transportation security regulation or directive

issued by the Secretary of Homeland Security" for "chapter or a

regulation prescribed under this chapter" wherever appearing.

1994 - Subsecs. (a), (b)(1). Pub. L. 103-429 inserted "and unless

authorized by another law of the United States" after "section" in

introductory provisions.

Subsec. (b)(1)(E). Pub. L. 103-311, Sec. 117(a)(2), substituted

"a packaging or a" for "a package or".

Subsec. (d). Pub. L. 103-311, Sec. 120(b), inserted after second

sentence "The Secretary shall issue a decision on an application

for a determination within 180 days after the date of the

publication of the notice of having received such application, or

the Secretary shall publish a statement in the Federal Register of

the reason why the Secretary's decision on the application is

delayed, along with an estimate of the additional time necessary

before the decision is made."

Subsec. (g). Pub. L. 103-311, Sec. 107, designated existing

provisions as par. (1) and added par. (2).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5112, 5712 of this title.

-End-

-CITE-

49 USC Sec. 5126 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5126. Relationship to other laws

-STATUTE-

(a) Contracts. - A person under contract with a department,

agency, or instrumentality of the United States Government that

transports or causes to be transported hazardous material, or

manufactures, fabricates, marks, maintains, reconditions, repairs,

or tests a packaging or a container that the person represents,

marks, certifies, or sells as qualified for use in transporting

hazardous material must comply with this chapter, regulations

prescribed and orders issued under this chapter, and all other

requirements of the Government, State and local governments, and

Indian tribes (except a requirement preempted by a law of the

United States) in the same way and to the same extent that any

person engaging in that transportation, manufacturing, fabricating,

marking, maintenance, reconditioning, repairing, or testing that is

in or affects commerce must comply with the provision, regulation,

order, or requirement.

(b) Nonapplication. - This chapter does not apply to -

(1) a pipeline subject to regulation under chapter 601 of this

title; or

(2) any matter that is subject to the postal laws and

regulations of the United States under this chapter or title 18

or 39.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 783; Pub. L.

103-311, title I, Sec. 117(a)(2), Aug. 26, 1994, 108 Stat. 1678.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5126(a) 49 App.:1818. Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

120; added Nov. 16, 1990,

Pub. L. 101-615, Sec. 20,

104 Stat. 3270.

5126(b) 49 App.:1811(f). Jan. 3, 1975, Pub. L.

93-633, Sec. 112(f), 88

Stat. 2161; Nov. 30, 1979,

Pub. L. 96-129, Sec. 216(a),

93 Stat. 1015; restated Nov.

16, 1990, Pub. L. 101-615,

Sec. 13, 104 Stat. 3260.

--------------------------------------------------------------------

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). Pub. L. 103-311 substituted "a packaging or

a" for "a package or".

-End-

-CITE-

49 USC Sec. 5127 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-

Sec. 5127. Authorization of appropriations

-STATUTE-

(a) General. - Not more than $18,000,000 may be appropriated to

the Secretary of Transportation for fiscal year 1993, $18,000,000

for fiscal year 1994, $18,540,000 for fiscal year 1995, $19,100,000

for fiscal year 1996, and $19,670,000 for fiscal year 1997 to carry

out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115,

5116, and 5119).

(b) Training of Hazmat Employee Instructors. - (1) There is

authorized to be appropriated to the Secretary $3,000,000 for each

of fiscal years 1995, 1996, 1997, and 1998 to carry out section

5107(e).

(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) Training Curriculum. - (1) Not more than $1,000,000 is

available to the Secretary of Transportation from the account

established under section 5116(i) of this title for each of the

fiscal years ending September 30, 1993-1998, to carry out section

5115 of this title.

(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 section

5115(d)(1) of this title.

(d) Planning and Training. - (1) Not more than $5,000,000 is

available to the Secretary of Transportation from the account

established under section 5116(i) of this title for each of the

fiscal years ending September 30, 1993-1998, to carry out section

5116(a) of this title.

(2) Not more than $7,800,000 is available to the Secretary of

Transportation from the account established under section 5116(i)

of this title for each of the fiscal years ending September 30,

1993-1998, to carry out section 5116(b) of this title.

(3) Not more than the following amounts are available from the

account established under section 5116(i) of this title for each of

the fiscal years ending September 30, 1993-1998, to carry out

section 5116(f) of this title:

(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) Uniform Forms and Procedures. - Not more than $400,000 may be

appropriated to the Secretary of Transportation for the fiscal year

ending September 30, 1993, to carry out section 5119 of this title.

(f) Credits to Appropriations. - The Secretary of Transportation

may credit to any appropriation to carry out this chapter an amount

received from a State, Indian tribe, or other public authority or

private entity for expenses the Secretary incurs in providing

training to the State, authority, or entity.

(g) Availability of Amounts. - Amounts available under

subsections (c)-(e) of this section remain available until

expended.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 783; Pub. L.

103-311, title I, Secs. 103, 119(b), (c)(4), Aug. 26, 1994, 108

Stat. 1673, 1680.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5127(a) 49 App.:1812(a). Jan. 3, 1975, Pub. L.

93-633, Sec. 115, 88 Stat.

2164; July 19, 1975, Pub. L.

94-56, Sec. 4, 89 Stat. 264;

Oct. 11, 1976, Pub. L.

94-474, Sec. 3, 90 Stat.

2068; Sept. 30, 1978, Pub.

L. 95-403, 92 Stat. 863;

Oct. 30, 1984, Pub. L.

98-559, Sec. 2, 98 Stat.

2907; restated Nov. 16,

1990, Pub. L. 101-615, Sec.

14, 104 Stat. 3260; Oct. 24,

1992, Pub. L. 102-508, Sec.

504, 106 Stat. 3311.

5127(b) 49 App.:1816(d). Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

118(d); added Nov. 16, 1990,

Pub. L. 101-615, Sec. 18,

104 Stat. 3269; Oct. 24,

1992, Pub. L. 102-508, Sec.

506, 106 Stat. 3312.

5127(c) 49 App.:1815(i)(3). Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

117A(i); added Nov. 16,

1990, Pub. L. 101-615, Sec.

17, 104 Stat. 3268.

5127(d) 49 App.:1815(i)(1),

(2), (4).

5127(e) 49 App.:1819(h) Jan. 3, 1975, Pub. L.

(1st sentence). 93-633, 88 Stat. 2156, Sec.

121(h); added Nov. 16, 1990,

Pub. L. 101-615, Sec. 22,

104 Stat. 3272.

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). Pub. L. 103-311, Sec. 103, substituted

"fiscal year 1993, $18,000,000 for fiscal year 1994, $18,540,000

for fiscal year 1995, $19,100,000 for fiscal year 1996, and

$19,670,000 for fiscal year 1997" for "the fiscal year ending

September 30, 1993,".

Subsec. (b). Pub. L. 103-311, Sec. 119(c)(4), amended subsec.

(b)(1) generally. Prior to amendment, subsec. (b)(1) read as

follows:

"(b) Hazmat Employee Training. - (1) Not more than $250,000 is

available to the Director of the National Institute of

Environmental Health Sciences from the account established under

section 5116(i) of this title for each of the fiscal years ending

September 30, 1993-1998, to carry out section 5107(e) of this

title."

Pub. L. 103-311, Sec. 119(b), designated existing provisions as

par. (1) and added par. (2).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5107 of this title.

-End-