1625-0005 Stat/Authority

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.

§ 5108

TITLE 49—TRANSPORTATION

(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 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 any of the activities.
(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.—Each person required to file a registration statement under subsection (a) shall
file the statement in accordance with regulations prescribed by the Secretary.
(d) SIMPLIFYING THE REGISTRATION PROCESS.—
The Secretary 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 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 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 shall 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
shall establish and impose by regulation and

Page 142

collect an annual fee. Subject to subparagraph
(B) of this paragraph, the fee shall be at least
$250 but not more than $3,000 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 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 shall transfer to the Secretary of the Treasury amounts the Secretary of
Transportation collects under this paragraph for
deposit in the Hazardous Materials Emergency
Preparedness Fund established under section
5116(i) of this title.
(3) FEES ON EXEMPT PERSONS.—Notwithstanding subsection (a)(4), the Secretary shall impose
and collect a fee of $25 from a person who is required to register under this section but who is
otherwise exempted by the Secretary from paying any fee under this section. The fee shall be
used to pay the costs incurred by the Secretary
in processing registration statements filed by
such persons.
(h) MAINTAINING PROOF OF FILING AND PAYMENT OF FEES.—The Secretary 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 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,
an Indian tribe, or an employee of a department,
agency, instrumentality, or authority carrying
out official duties.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 765;
Pub. L. 103–311, title I, §§ 104, 117(a)(3), 119(d)(1),

Page 143

Aug. 26, 1994, 108 Stat. 1673, 1678, 1680; Pub. L.
105–102, § 2(3), Nov. 20, 1997, 111 Stat. 2204; Pub. L.
105–225, § 7(b)(1), Aug. 12, 1998, 112 Stat. 1511; Pub.
L. 109–59, title VII, §§ 7109(a)–(c), (e), (f),
7114(d)(3), 7126, Aug. 10, 2005, 119 Stat. 1897, 1898,
1900, 1909.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

5108(a)(1) ....

49 App.:1805(c)(1).

5108(a)(2) ....
5108(a)(3) ....
5108(b) ........

49 App.:1805(c)(3).
49 App.:1805(c)(4).
49 App.:1805(c)(7),
(8).
49 App.:1805(c)(5),
(6).
49 App.:1805(c)(9).
49 App.:1805(c)(2).
49 App.:1805(c)(10).
49 App.:1805(c)(11).
49 App.:1815(h)
(1)–(5).

5108(c) ........
5108(d) ........
5108(e) ........
5108(f) ........
5108(g)(1) ....
5108(g)(2) ....

5108(h) .......
5108(i) ........

§ 5108

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 106(c);
added Nov. 16, 1990, Pub.
L. 101–615, § 8(a), 104 Stat.
3255; Oct. 24, 1992, Pub. L.
102–508, § 503(a)(1)–(3), (b),
106 Stat. 3311.

Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 117A(h)(1)–
(5); added Nov. 16, 1990,
Pub. L. 101–615, § 17, 104
Stat. 3267.

49 App.:1805(c)(12).
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 crossreference.
AMENDMENTS
2005—Subsec. (a)(1). Pub. L. 109–59, § 7126, substituted
‘‘Secretary’’ for ‘‘Secretary of Transportation’’ in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 109–59, § 7109(a)(1), substituted ‘‘Division 1.1, 1.2, or 1.3 explosive material’’ for
‘‘class A or B explosive’’.
Subsec. (a)(2). Pub. L. 109–59, § 7126, substituted ‘‘Secretary may’’ for ‘‘Secretary of Transportation may’’ in
introductory provisions.
Subsec. (a)(2)(B). Pub. L. 109–59, § 7109(a)(2), amended
subpar. (B) generally. Prior to amendment, subpar. (B)
read as follows: ‘‘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.’’
Subsec. (a)(3). Pub. L. 109–59, § 7109(a)(3), substituted
‘‘design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container
packaging component, or’’ for ‘‘manufacture, fabricate,

mark, maintain, recondition, repair, or test a package
or’’.
Subsec. (b)(1). Pub. L. 109–59, § 7126, substituted ‘‘Secretary requires’’ for ‘‘Secretary of Transportation requires’’ in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 109–59, § 7109(b), substituted
‘‘any of the activities’’ for ‘‘the activity’’.
Subsec. (c). Pub. L. 109–59, § 7109(c), amended heading
and text of subsec. (c) generally. Prior to amendment,
text read as follows:
‘‘(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.’’
Subsecs. (d) to (f). Pub. L. 109–59, § 7126, substituted
‘‘Secretary’’ for ‘‘Secretary of Transportation’’ in subsec. (d), ‘‘Secretary in carrying’’ for ‘‘Secretary of
Transportation in carrying’’ in subsec. (e), and ‘‘Secretary shall’’ for ‘‘Secretary of Transportation shall’’
in subsec. (f).
Subsec. (g)(1). Pub. L. 109–59, § 7126, substituted ‘‘Secretary shall’’ for ‘‘Secretary of Transportation shall’’.
Pub. L. 109–59, § 7109(f)(1), substituted ‘‘shall’’ for
‘‘may’’.
Subsec. (g)(2)(A). Pub. L. 109–59, § 7126, substituted
‘‘Secretary shall establish’’ for ‘‘Secretary of Transportation shall establish’’ in introductory provisions.
Pub. L. 109–59, § 7109(f)(2), substituted ‘‘$3,000’’ for
‘‘$5,000’’ in introductory provisions.
Subsec. (g)(2)(B). Pub. L. 109–59, § 7126, substituted
‘‘Secretary shall’’ for ‘‘Secretary of Transportation
shall’’.
Subsec. (g)(2)(C). Pub. L. 109–59, § 7126, substituted
‘‘Secretary shall’’ for ‘‘Secretary of Transportation
shall’’.
Pub. L. 109–59, § 7114(d)(3), substituted ‘‘the Hazardous
Materials Emergency Preparedness Fund established’’
for ‘‘the account the Secretary of the Treasury establishes’’.
Subsec. (g)(3). Pub. L. 109–59, § 7109(f)(3), added par.
(3).
Subsec. (h). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’.
Subsec. (i)(1). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’.
Subsec. (i)(2)(B). Pub. L. 109–59, § 7109(e), inserted ‘‘an
Indian tribe,’’ after ‘‘subdivision of a State,’’.
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, § 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, § 104, added par. (4).
Subsec. (g)(2)(A)(viii). Pub. L. 103–311, § 119(d)(1),
struck out ‘‘5107(e),’’ before ‘‘5108(g)(2)’’.
REGISTRATION
Pub. L. 109–59, title VII, § 7109(d), Aug. 10, 2005, 119
Stat. 1898, provided that: ‘‘As soon as practicable, the
Administrator of the Pipeline and Hazardous Materials
Safety Administration shall transmit to the Federal
Motor Carrier Safety Administration hazardous material registrant information obtained before, on, or after
the date of enactment of this Act [Aug. 10, 2005] under
section 5108 of title 49, United States Code, together
with any Department of Transportation identification
number for each registrant.’’

§ 5109

TITLE 49—TRANSPORTATION

§ 5109. Motor carrier safety permits
(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 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

Page 144

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.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 767;
Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119
Stat. 1909.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

5109(a) ........

49 App.:1805(d)(1),
(2).

5109(b) ........
5109(c) ........
5109(d) ........
5109(e) ........
5109(f) ........
5109(g) ........
5109(h) .......

49
49
49
49
49
49
49

App.:1805(d)(5).
App.:1805(d)(7).
App.:1805(d)(4).
App.:1805(d)(6).
App.:1805(d)(3).
App.:1805(d)(8).
App.:1805 (note).

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 106(d);
added Nov. 16, 1990, Pub.
L. 101–615, § 8(a), 104 Stat.
3257; Oct. 24, 1992, Pub. L.
102–508, § 503(a)(4), (5), (b),
106 Stat. 3311.

Nov. 16, 1990, Pub. L. 101–615,
§ 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.
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–59 substituted ‘‘Secretary issues’’ for ‘‘Secretary of Transportation issues’’
in introductory provisions.

§ 5110. Shipping papers and disclosure
(a) PROVIDING SHIPPING PAPERS.—Each person
offering for transportation in commerce hazardous material to which the shipping paper requirements of the Secretary apply shall provide
to the carrier providing the transportation a
shipping paper that makes the disclosures the
Secretary prescribes in regulations.
(b) 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.
(c) DISCLOSURE TO
THORITIES.—When an

EMERGENCY RESPONSE AUincident involving hazard-