1625-0005 Stat/Authority

Page 131
Chapter

55.
57.
59.
61.

Sec.

Intermodal Transportation ..............
Sanitary Food Transportation .........
Intermodal Safe Container Transportation ............................................
One-Call Notification Programs ......

5501
5701
5901
6101

AMENDMENTS
2005—Pub. L. 109–59, title III, § 3002(c), Aug. 10, 2005,
119 Stat. 1545, substituted ‘‘Public’’ for ‘‘Mass’’ in item
for chapter 53.
1998—Pub. L. 105–178, title VII, § 7302(b), June 9, 1998,
112 Stat. 482, added item for chapter 61.

CHAPTER 51—TRANSPORTATION OF
HAZARDOUS MATERIAL
Sec.

5101.
5102.
5103.
5103a.
5104.
5105.
5106.
5107.
5108.
5109.
5110.
[5111.
5112.
5113.
5114.
5115.
5116.
5117.
[5118.
5119.
5120.
5121.
5122.
5123.
5124.
5125.
5126.
5127.
5128.

Purpose.
Definitions.
General regulatory authority.
Limitation on issuance of hazmat licenses.
Representation and tampering.
Transporting certain highly radioactive material.
Handling criteria.
Hazmat employee training requirements and
grants.
Registration.
Motor carrier safety permits.
Shipping papers and disclosure.
Repealed.]
Highway routing of hazardous material.
Unsatisfactory safety rating.
Air transportation of ionizing radiation material.
Training curriculum for the public sector.
Planning and training grants, monitoring,
and review.
Special permits and exclusions.
Repealed.]
Uniform forms and procedures.
International uniformity of standards and requirements.
Administrative.
Enforcement.
Civil penalty.
Criminal penalty.
Preemption.
Relationship to other laws.
Judicial review.
Authorization of appropriations.
AMENDMENTS

2005—Pub. L. 109–59, title VII, §§ 7111, 7115(a)(2), (h),
7123(c), Aug. 10, 2005, 119 Stat. 1899, 1901, 1908, struck out
item 5111 ‘‘Rail tank cars’’, substituted ‘‘Special permits and exclusions’’ for ‘‘Exemptions and exclusions’’
in item 5117, struck out item 5118 ‘‘Inspectors’’, added
items 5127 and 5128, and struck out former item 5127
‘‘Authorization of appropriations’’.
2001—Pub. L. 107–56, title X, § 1012(a)(2), Oct. 26, 2001,
115 Stat. 397, added item 5103a.

§ 5101. Purpose

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 759;
Pub. L. 109–59, title VII, § 7101(b), Aug. 10, 2005,
119 Stat. 1891.)
HISTORICAL AND REVISION NOTES

5101 ............

Source (U.S. Code)
49 App.:1801.

The words ‘‘It is declared to be the policy of Congress’’, ‘‘the Nation’’, and ‘‘which are’’ are omitted as
surplus.
AMENDMENTS
2005—Pub. L. 109–59 substituted ‘‘The purpose of this
chapter is to protect against the risks to life, property,
and the environment that are inherent in the transportation of hazardous material in intrastate, interstate,
and foreign commerce’’ for ‘‘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’’.
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109–59, title III, § 3001, Aug. 10, 2005, 119 Stat.
1544, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Federal Public Transportation Act of 2005’.’’
Pub. L. 109–59, title VII, § 7001, Aug. 10, 2005, 119 Stat.
1891, provided that: ‘‘This title [see Tables for classification] may be cited as the ‘Hazardous Materials
Transportation Safety and Security Reauthorization
Act of 2005’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–178, title III, § 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, § 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, § 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’.’’
TRANSFER OF FUNCTIONS
For transfer of duties, powers, and authority of Research and Special Programs Administration under this
chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section
2(b) of Pub. L. 108–426, set out as a note under section
108 of this title.
FINDINGS

The purpose of this chapter is to protect
against the risks to life, property, and the environment that are inherent in the transportation
of hazardous material in intrastate, interstate,
and foreign commerce.

Revised
Section

§ 5101

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 102, 88 Stat. 2156.

Pub. L. 109–59, title VII, § 7101(a), Aug. 10, 2005, 119
Stat. 1891, provided that: ‘‘Congress finds with respect
to hazardous materials transportation that—
‘‘(1) approximately 4,000,000,000 tons of regulated
hazardous materials are transported each year and
approximately 1,200,000 movements of hazardous materials occur each day, according to Department of
Transportation estimates;
‘‘(2) the movement of hazardous materials in commerce is necessary to maintain economic vitality and
meet consumer demands and must be conducted in a
safe, secure, and efficient manner;
‘‘(3) accidents involving, or unauthorized access to,
hazardous materials in transportation may result in
a release of such materials and pose a serious threat
to public health and safety;

§ 5102

TITLE 49—TRANSPORTATION

‘‘(4) because of the potential risks to life, property,
and the environment posed by unintentional releases
of hazardous materials, consistency in laws and regulations governing the transportation of hazardous
materials is necessary and desirable; and
‘‘(5) in order to provide reasonable, adequate, and
cost-effective protection from the risks posed by the
transportation of hazardous materials, a network of
well-trained State and local emergency response personnel and hazmat employees is essential.’’
BUY AMERICAN
Pub. L. 103–311, title I, § 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 ([former] 41 U.S.C. 10a–10c; popularly known as
the ‘Buy American Act’ [see 41 U.S.C. 8301 et seq.]),
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.’’

§ 5102. Definitions
In this chapter—
(1) ‘‘commerce’’ means trade or transportation in the jurisdiction of the United
States—
(A) between a place in a State and a place
outside of the State;
(B) that affects trade or transportation between a place in a State and a place outside
of the State; or
(C) on a United States-registered aircraft.
(2) ‘‘hazardous material’’ means a substance
or material the Secretary designates under
section 5103(a) of this title.
(3) ‘‘hazmat employee’’—

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(A) means an individual—
(i) who—
(I) is employed on a full time, part
time, or temporary basis by a hazmat
employer; or
(II) is self-employed (including an
owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous
material in commerce; and
(ii) who during the course of such full
time, part time, or temporary employment, or such self employment, directly
affects hazardous material transportation
safety as the Secretary decides by regulation; and
(B) includes an individual, employed on a
full time, part time, or temporary basis by a
hazmat employer, or self employed, who during the course of employment—
(i) loads, unloads, or handles hazardous
material;
(ii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or
packaging component that is represented,
marked, certified, or sold as qualified for
use in transporting hazardous material in
commerce;
(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—
(i) who—
(I) employs or uses at least 1 hazmat
employee on a full time, part time, or
temporary basis; or
(II) is self-employed (including an
owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous
material in commerce; and
(ii) who—
(I) transports hazardous material in
commerce;
(II) causes hazardous material to be
transported in commerce; or
(III) designs, manufactures, fabricates,
inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is
represented, marked, certified, or sold as
qualified for use in transporting hazardous material in commerce; and
(B) 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 clause (ii).
(5) ‘‘imminent hazard’’ means the existence
of a condition relating to hazardous material
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