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§ 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.)

§ 5107

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section
5106 ............

Source (U.S. Code)
49 App.:1805(a).

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 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.
AMENDMENTS
2005—Pub. L. 109–59 substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’ in introductory provisions.

§ 5107. Hazmat employee training requirements
and grants
(a) TRAINING REQUIREMENTS.—The Secretary
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 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
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.

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(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 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.—
(1) IN GENERAL.—Subject to the availability
of funds under section 5128(c), the Secretary
shall make grants under this subsection—
(A) for training instructors to train
hazmat employees; and
(B) to the extent determined appropriate
by the Secretary, for such instructors to
train hazmat employees.
(2) ELIGIBILITY.—A grant under this subsection shall be made to a nonprofit hazmat
employee organization that demonstrates—
(A) expertise in conducting a training program for hazmat employees; and
(B) the ability to reach and involve in a
training program a target population of
hazmat employees.
(f) TRAINING OF CERTAIN EMPLOYEES.—The Secretary shall ensure that maintenance-of-way
employees and railroad signalmen receive general awareness and familiarization training and
safety training pursuant to section 172.704 of
title 49, Code of Federal Regulations.
(g) RELATIONSHIP TO OTHER LAWS.—(1) Chapter
35 of title 44 does not apply to an activity of the
Secretary under subsections (a)–(d) of this section.
(2) An action of the Secretary under subsections (a)–(d) of this section and section 5106 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.
(h) EXISTING EFFORT.—No grant under subsection (e) shall supplant or replace existing employer-provided hazardous materials training efforts or obligations.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 763;
Pub. L. 103–311, title I, §§ 106, 119(c)(1)–(3), Aug.
26, 1994, 108 Stat. 1674, 1680; Pub. L. 109–59, title