1625-0005 Stat/Authority

§ 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

Page 141

TITLE 49—TRANSPORTATION

VII, §§ 7108, 7126, Aug. 10, 2005, 119 Stat. 1897,
1909.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

5107(a) ........

49 App.:1805(b)(1),
(2), (5) (1st sentence).

5107(b) ........

49 App.:1805(b)(4), (5)
(last sentence).
49 App.:1805(b)(6).
49 App.:1805(b)(3)
(1st sentence).
49 App.:1816(a)–(c).

5107(c) ........
5107(d) ........
5107(e) ........

5107(f)(1) ....
5107(f)(2) ....

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 106(b);
added Nov. 16, 1990, Pub.
L. 101–615, § 7(3), 104 Stat.
3253.

Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 118(a)–(c);
added Nov. 16, 1990, Pub.
L. 101–615, § 18, 104 Stat.
3269.

49 App.:1805(b)(7).
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
2005—Subsecs. (a) to (d). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’
in introductory provisions of subsecs. (a) to (c) and
‘‘Secretary shall’’ for ‘‘Secretary of Transportation
shall’’ in introductory provisions of subsec. (d).
Subsec. (e). Pub. L. 109–59, § 7108(1), added subsec. (e)
and struck out heading and text of former subsec. (e).
Text read as follows: ‘‘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.’’
Subsec. (f). Pub. L. 109–59, § 7108(3), added subsec. (f).
Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109–59, § 7108(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’.

§ 5108

Subsec. (g)(2). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’.
Pub. L. 109–59, § 7108(4), substituted ‘‘section 5106’’ for
‘‘sections 5106, 5108(a)–(g)(1) and (h), and 5109 of this
title’’.
Subsec. (h). Pub. L. 109–59, § 7108(2), redesignated subsec. (g) as (h).
1994—Subsec. (d). Pub. L. 103–311, § 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, § 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, § 119(c)(3), added subsec.
(g).

§ 5108. Registration
(a) PERSONS REQUIRED TO FILE.—(1) A person
shall file a registration statement with the Secretary 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 Division 1.1,
1.2, or 1.3 explosive material 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 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 designing, manufacturing, fabricating, inspecting, marking, maintaining,
reconditioning, repairing, or testing a package, container, or packaging component that
is represented, marked, certified, or sold as
qualified for use in transporting hazardous
material in commerce.
(3) A person required to file a registration
statement under this subsection may transport
or cause to be transported, or design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or container for use in transporting, hazardous material, only if the person
has a statement on file as required by this subsection.