1625-0005 Stat/Authority

§ 5104

TITLE 49—TRANSPORTATION

shall not operate a commercial motor vehicle
transporting a hazardous material in commerce in the United States until the operator
has undergone a background records check
similar to the background records check required for commercial motor vehicle operators
licensed in the United States to transport hazardous materials in commerce.
(2) EXTENSION.—The Director of the Transportation Security Administration may extend the deadline established by paragraph (1)
for a period not to exceed 6 months if the Director determines that such an extension is
necessary.
(3) COMMERCIAL MOTOR VEHICLE DEFINED.—In
this subsection, the term ‘‘commercial motor
vehicle’’ has the meaning given that term by
section 31101.
(Added Pub. L. 107–56, title X, § 1012(a)(1), Oct. 26,
2001, 115 Stat. 396; amended Pub. L. 109–59, title
VII, §§ 7104, 7105, 7126, Aug. 10, 2005, 119 Stat. 1894,
1909; Pub. L. 110–53, title XV, § 1556(a), Aug. 3,
2007, 121 Stat. 475; Pub. L. 110–244, title III,
§ 302(b), June 6, 2008, 122 Stat. 1618.)
REFERENCES IN TEXT
Section 101(a)(3) of the Immigration and Nationality
Act, referred to in subsec. (f), is classified to section
1101(a)(3) of Title 8, Aliens and Nationality.
The date of enactment of this subsection, referred to
in subsecs. (g) and (h), is the date of enactment of Pub.
L. 109–59, which was approved Aug. 10, 2005.
AMENDMENTS
2008—Subsec. (g)(1)(B)(ii). Pub. L. 110–244 substituted
‘‘subsection’’ for ‘‘Act’’.
2007—Subsec. (a)(1). Pub. L. 110–53, § 1556(a)(1), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Secretary’’.
Subsec. (b). Pub. L. 110–53, § 1556(a)(2), substituted
‘‘Secretary of Transportation’’ for ‘‘Secretary’’ in two
places.
Subsec. (d)(1)(B). Pub. L. 110–53, § 1556(a)(3), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Secretary’’.
Subsec. (e). Pub. L. 110–53, § 1556(a)(4), substituted
‘‘Secretary of Homeland Security’’ for ‘‘Secretary’’
wherever appearing.
2005—Subsec. (a)(1). Pub. L. 109–59, § 7126, substituted
‘‘Secretary’’ for ‘‘Secretary of Transportation’’.
Pub. L. 109–59, § 7104(c), substituted ‘‘subsection
(d)(1)(B),’’ for ‘‘subsection (c)(1)(B),’’.
Subsec. (b). Pub. L. 109–59, § 7104(a), substituted ‘‘with
respect to any material defined as hazardous material
by the Secretary for which the Secretary requires placarding of a commercial motor vehicle transporting
that material in commerce’’ for ‘‘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’’.
Subsec. (c). Pub. L. 109–59, § 7104(b)(2), added subsec.
(c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 109–59, § 7104(b)(1), redesignated
subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1)(B). Pub. L. 109–59, § 7126, substituted
‘‘Secretary’’ for ‘‘Secretary of Transportation’’.
Subsec. (e). Pub. L. 109–59, § 7126, substituted ‘‘submit
to the Secretary’’ for ‘‘submit to the Secretary of
Transportation’’ in introductory provisions.
Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (d) as
(e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 109–59, § 7104(b)(1), redesignated
subsec. (e) as (f).

Page 138

Subsecs. (g), (h). Pub. L. 109–59, § 7105, added subsecs.
(g) and (h).
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 107–56, title X, § 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).’’

§ 5104. Representation and tampering
(a) REPRESENTATION.—A person may represent,
by marking or otherwise, that—
(1) a package, component of a package, or
packaging for transporting hazardous material
is safe, certified, or complies with this chapter
only if the package, component of a 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.—No person may 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, component of a package, or
packaging, container, motor vehicle, rail
freight car, aircraft, or vessel used to transport hazardous material.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 761;
Pub. L. 103–311, title I, § 117(b), Aug. 26, 1994, 108
Stat. 1678; Pub. L. 103–429, § 6(4), Oct. 31, 1994, 108
Stat. 4378; Pub. L. 109–59, title VII, § 7106, Aug.
10, 2005, 119 Stat. 1897.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

5104(a) ........

49 App.:1804(e).

5104(b) ........

49 App.:1804(f).

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 105(e), (f);
added Nov. 16, 1990, Pub.
L. 101–615, § 5, 104 Stat.
3252.

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
2005—Subsec. (a)(1). Pub. L. 109–59, § 7106(a), substituted ‘‘a package, component of a package, or packaging for’’ for ‘‘a container, package, or packaging (or
a component of a container, package, or packaging)
for’’ and ‘‘the package, component of a package, or
packaging meets’’ for ‘‘the container, package, or packaging (or a component of a container, package, or packaging) meets’’.
Subsec. (b). Pub. L. 109–59, § 7106(b)(1), substituted
‘‘No person may’’ for ‘‘A person may not’’ in introductory provisions.
Subsec. (b)(2). Pub. L. 109–59, § 7106(b)(2), inserted
‘‘component of a package, or packaging,’’ after ‘‘package,’’.

Page 139

§ 5106

TITLE 49—TRANSPORTATION

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.

HISTORICAL AND REVISION NOTES
Revised
Section
5105(a) ........

Source (U.S. Code)
49 App.:1813(e).

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.

49 App.:1813 (note).
5105(b) ........

49 App.:1813(a).

5105(c) ........
5105(d) ........
5105(e) ........

49 App.:1813(b).
49 App.:1813(c).
49 App.:1813(d).

§ 5105. Transporting certain highly radioactive
material
(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 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 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 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) INSPECTIONS OF MOTOR VEHICLES TRANSPORTING CERTAIN MATERIAL.—(1) Not later than
November 16, 1991, the Secretary 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 may allow a person, transporting or causing to be transported a highwayroute-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.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 762;
Pub. L. 109–59, title VII, §§ 7107, 7126, Aug. 10,
2005, 119 Stat. 1897, 1909.)

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 116(e);
added Oct. 24, 1992, Pub. L.
102–508, § 505(2), 106 Stat.
3311.
Nov. 16, 1990, Pub. L. 101–615,
§ 16(e), 104 Stat. 3263.
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 116(a)–(d);
added Oct. 30, 1984, Pub. L.
98–559, § 3, 98 Stat. 2907; restated Nov. 16, 1990, Pub.
L. 101–615, § 15, 104 Stat.
3261; Oct. 24, 1992, Pub. L.
102–508, § 505(1), 106 Stat.
3311.

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.
AMENDMENTS
2005—Subsecs. (b), (c). Pub. L. 109–59, § 7126, substituted ‘‘Secretary shall’’ for ‘‘Secretary of Transportation shall’’ wherever appearing.
Subsec. (d). Pub. L. 109–59, § 7126, substituted ‘‘Secretary shall’’ for ‘‘Secretary of Transportation shall’’
in par. (1) and ‘‘Secretary may’’ for ‘‘Secretary of
Transportation may’’ in par. (2).
Pub. L. 109–59, § 7107, redesignated subsec. (e) as (d)
and struck out former subsec. (d) which related to a
study to be conducted not later than Nov. 16, 1991, 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.
Subsec. (e). Pub. L. 109–59, § 7107(2), redesignated subsec. (e) as (d).

§ 5106. Handling criteria
The Secretary 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.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 763;
Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119
Stat. 1909.)