1625-NEW 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Repealed.]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Repealed.]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’’—

Page 132

(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

Page 133

§ 5102

TITLE 49—TRANSPORTATION

formal proceeding begun to lessen the risk of
that death, illness, injury, or endangerment.
(6) ‘‘Indian tribe’’ has the same meaning
given that term in section 4 of the Indian SelfDetermination and Education Assistance Act
(25 U.S.C. 450b).
(7) ‘‘motor carrier’’—
(A) means a motor carrier, motor private
carrier, and freight forwarder as those terms
are defined in section 13102; but
(B) does not include a freight forwarder, as
so defined, if the freight forwarder is not
performing a function relating to highway
transportation.
(8) ‘‘National Response Team’’ means the
National Response Team established under the
National Contingency Plan established under
section 105 of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9605).
(9) ‘‘person’’, in addition to its meaning
under section 1 of title 1—
(A) includes a government, Indian tribe, or
authority of a government or tribe that—
(i) offers hazardous material for transportation in commerce;
(ii) transports hazardous material to further a commercial enterprise; 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; but
(B) does not include—
(i) the United States Postal Service; and
(ii) in sections 5123 and 5124 of this title,
a department, agency, or instrumentality
of the Government.
(10) ‘‘public sector employee’’—
(A) means an individual employed by a
State, political subdivision of a State, or Indian tribe and who during the course of employment has responsibilities related to responding to an accident or incident involving the transportation of hazardous material;
(B) includes an individual employed by a
State, political subdivision of a State, or Indian tribe as a firefighter or law enforcement officer; and
(C) includes an individual who volunteers
to serve as a firefighter for a State, political
subdivision of a State, or Indian tribe.
(11) ‘‘Secretary’’ means the Secretary of
Transportation except as otherwise provided.
(12) ‘‘State’’ means—
(A) except in section 5119 of this title, a
State of the United States, the District of
Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American
Samoa, Guam, and any other territory or
possession of the United States designated
by the Secretary; and
(B) in section 5119 of this title, a State of
the United States and the District of Columbia.
(13) ‘‘transports’’ or ‘‘transportation’’ means
the movement of property and loading, un-

loading, or storage incidental to the movement.
(14) ‘‘United States’’ means all of the States.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 759;
Pub. L. 103–311, title I, § 117(a)(1), Aug. 26, 1994,
108 Stat. 1678; Pub. L. 104–88, title III, § 308(d),
Dec. 29, 1995, 109 Stat. 947; Pub. L. 109–59, title
VII, §§ 7102, 7126, Aug. 10, 2005, 119 Stat. 1892, 1909;
Pub. L. 110–244, title III, § 302(a), June 6, 2008, 122
Stat. 1618.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

5102(1) ........

49 App.:1802(1)–(3),
(13).

5102(2) ........
5102(3) ........
5102(4) ........
5102(5) ........
5102(6) ........
5102(7) ........
5102(8) ........
5102(9) ........
5102(10) ......
5102(11) ......
5102(12) ......
5102(13) ......

49
49
49
49
49
49
49
49
49
49
49
49

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 103, 88 Stat. 2156; restated Nov. 16, 1990, Pub.
L. 101–615, § 3(a), 104 Stat.
3245; Oct. 24, 1992, Pub. L.
102–508, §§ 501, 502, 106 Stat.
3311.

App.:1802(4).
App.:1802(5).
App.:1802(6).
App.:1802(7).
App.:1802(8).
App.:1802(9).
App.:1802(10).
App.:1802(11).
App.:1802(12).
App.:1802(14).
App.:1802(15).
App.:1802(16).

In this chapter, the words ‘‘or shipped’’ are omitted
as being included in ‘‘transported’’.
In clause (1), before subclause (A), the text of 49
App.:1802(1), (3), and (13) is omitted because the complete names of the Administrator of the Environmental
Protection Agency, Director of the Federal Emergency
Management Agency, and Secretary of Transportation
are used the first time the terms appear in a section.
The words ‘‘traffic, commerce’’ are omitted as surplus.
In subclause (B), the words ‘‘between a place in a State
and a place outside of the State’’ are substituted for
‘‘described in clause (A)’’ for clarity.
In clauses (3)(C) and (10)(B), the words ‘‘at a minimum’’ are omitted as surplus.
In clause (5), the words ‘‘administrative hearing or
other’’ are omitted as surplus.
In clause (9), before subclause (A), the words ‘‘including any trustee, receiver, assignee, or similar representative thereof’’ are omitted as surplus.
In clause (12), the words ‘‘by any mode’’ are omitted
as surplus.
AMENDMENTS
2008—Par. (3). Pub. L. 110–244 amended Pub. L. 109–59,
§ 7102(2). See 2005 Amendment notes below.
2005—Par. (1)(C). Pub. L. 109–59, § 7102(1), added subpar. (C).
Par. (2). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’
for ‘‘Secretary of Transportation’’.
Par. (3)(A)(i). Pub. L. 109–59, § 7102(2)(A), as amended
by Pub. L. 110–244, § 302(a)(1), (2), added cl. (i) and struck
out former cl. (i) which read as follows: ‘‘employed by
a hazmat employer; and’’.
Par. (3)(A)(ii). Pub. L. 109–59, § 7102(2)(B), as amended
by Pub. L. 110–244, § 302(a)(1), (3), substituted ‘‘course of
such full time, part time, or temporary employment, or
such self employment,’’ for ‘‘course of employment’’
and inserted ‘‘and’’ at end.
Par. (3)(B). Pub. L. 109–59, § 7102(2)(D)(i), as amended
by Pub. L. 110–244, § 302(a)(1), substituted ‘‘employed on
a full time, part time, or temporary basis by a hazmat
employer, or self employed,’’ for ‘‘employed by a
hazmat employer,’’ in introductory provisions.
Pub. L. 109–59, § 7102(2)(C), as amended by Pub. L.
110–244, § 302(a)(1), redesignated subpar. (C) as (B) and
struck out former subpar. (B) which read as follows:
‘‘includes an owner-operator of a motor vehicle transporting hazardous material in commerce; and’’.

§ 5103

TITLE 49—TRANSPORTATION

Par. (3)(B)(ii). Pub. L. 109–59, § 7102(2)(D)(ii), as amended by Pub. L. 110–244, § 302(a)(1), added cl. (ii) and struck
out former cl. (ii) which read as follows: ‘‘manufactures, reconditions, or tests containers, drums, and
packagings represented as qualified for use in transporting hazardous material;’’.
Par. (3)(C). Pub. L. 109–59, § 7102(2)(C), as amended by
Pub. L. 110–244, § 302(a)(1), redesignated subpar. (C) as
(B).
Par. (4). Pub. L. 109–59, § 7102(3), amended par. (4) generally. Prior to amendment, par. (4) consisted of subpars. (A) to (C), which included within definition of
‘‘hazmat employer’’ a person using at least one employee in connection with transporting or containers
for transporting hazardous material, an owner-operator
of a motor vehicle transporting hazardous material in
commerce, and 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 certain described activities.
Par. (5). Pub. L. 109–59, § 7102(4), inserted ‘‘relating to
hazardous material’’ after ‘‘of a condition’’.
Par. (7). Pub. L. 109–59, § 7102(5), amended par. (7) generally. Prior to amendment, par. (7) read as follows:
‘‘ ‘motor carrier’ means a motor carrier, motor private
carrier, and freight forwarder as those terms are defined in section 13102 of this title.’’
Par. (8). Pub. L. 109–59, § 7102(6), substituted ‘‘National
Response Team’’ for ‘‘national response team’’ in two
places and ‘‘National Contingency Plan’’ for ‘‘national
contingency plan’’.
Par. (9)(A). Pub. L. 109–59, § 7102(7), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as
follows: ‘‘includes a government, Indian tribe, or authority of a government or tribe offering hazardous material for transportation in commerce or transporting
hazardous material to further a commercial enterprise;
but’’.
Pars. (11) to (14). Pub. L. 109–59, § 7102(8), added par.
(11) and redesignated former pars. (11) to (13) as (12) to
(14), respectively.
1995—Par. (7). Pub. L. 104–88 substituted ‘‘motor carrier, motor private’’ for ‘‘motor common carrier, motor
contract carrier, motor private’’ and ‘‘section 13102’’ for
‘‘section 10102’’.
1994—Pars. (3)(C)(ii), (4)(A)(iii). Pub. L. 103–311 substituted ‘‘packagings’’ for ‘‘packages’’.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–244 effective as of the date
of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be
treated as included in Pub. L. 109–59 as of that date, and
provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244
to be treated as not enacted, see section 121(b) of Pub.
L. 110–244, set out as a note under section 101 of Title
23, Highways.

§ 5103. General regulatory authority
(a) DESIGNATING MATERIAL AS HAZARDOUS.—
The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive
material, and compressed gas) or a group or
class of material as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and
form may pose an unreasonable risk to health
and safety or property.
(b) REGULATIONS FOR SAFE TRANSPORTATION.—
(1) The Secretary shall prescribe regulations for
the safe transportation, including security, of
hazardous material in intrastate, interstate, and
foreign commerce. The regulations—
(A) apply to a person who—
(i) transports hazardous material in commerce;

Page 134

(ii) causes hazardous material to be transported in commerce;
(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;
(iv) prepares or accepts hazardous material
for transportation in commerce;
(v) is responsible for the safety of transporting hazardous material in commerce;
(vi) certifies compliance with any requirement under this chapter; or
(vii) misrepresents whether such person is
engaged in any activity under clause (i)
through (vi); and
(B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
(2) A proceeding to prescribe the regulations
must be conducted under section 553 of title 5,
including an opportunity for informal oral presentation.
(c) CONSULTATION.—When prescribing a security regulation or issuing a security order that
affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary of Transportation.
(d) BIENNIAL REPORT.—The Secretary of Transportation shall submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Senate Committee
on Commerce, Science, and Transportation a biennial report providing information on whether
the Secretary has designated as hazardous materials for purposes of chapter 51 of such title all
by-products of the methamphetamine-production process that are known by the Secretary to
pose an unreasonable risk to health and safety
or property when transported in commerce in a
particular amount and form.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 761;
Pub. L. 103–311, title I, § 117(a)(2), Aug. 26, 1994,
108 Stat. 1678; Pub. L. 103–429, § 6(3), Oct. 31, 1994,
108 Stat. 4378; Pub. L. 107–296, title XVII,
§ 1711(a), Nov. 25, 2002, 116 Stat. 2319; Pub. L.
109–59, title VII, §§ 7103, 7126, Aug. 10, 2005, 119
Stat. 1893, 1909; Pub. L. 109–177, title VII, § 741,
Mar. 9, 2006, 120 Stat. 272.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

5103(a) ........

49 App.:1803.

5103(b) ........

49 App.:1804(a)
(1)–(3).

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 104, 88 Stat. 2156.
Jan. 3, 1975, Pub. L. 93–633,
§ 105(a)(1)–(3), 88 Stat. 2157;
restated Nov. 16, 1990,
Pub. L. 101–615, § 4, 104
Stat. 3247.

In subsection (a), the words ‘‘such quantity and form
of material’’ and ‘‘in his discretion’’ are omitted as surplus.
In subsection (b)(1), before clause (A), the words ‘‘in
accordance with section 553 of title 5’’ are omitted because 5:553 applies unless otherwise stated. In clause
(A)(i), the words ‘‘hazardous material in commerce’’,

Page 135

TITLE 49—TRANSPORTATION

and in clause (A)(ii), the words ‘‘hazardous material
. . . in commerce’’, are added for consistency in this
chapter.
PUB. L. 103–429
This amends 49:5103(b)(2) to clarify the restatement of
49 App.:1804(a)(2) by section 1 of the Act of July 5, 1994
(Public Law 103–272, 108 Stat. 761).
AMENDMENTS
2006—Subsec. (d). Pub. L. 109–177 added subsec. (d).
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted
‘‘Secretary shall designate’’ for ‘‘Secretary of Transportation shall designate’’.
Pub. L. 109–59, § 7103(a), substituted ‘‘infectious substance, flammable or combustible liquid, solid, or gas,
toxic, oxidizing, or corrosive material,’’ for ‘‘etiologic
agent, flammable or combustible liquid or solid, poison,
oxidizing or corrosive material,’’ and ‘‘determines’’ for
‘‘decides’’.
Subsec. (b)(1)(A). Pub. L. 109–59, § 7103(b), amended
subpar. (A) generally. Prior to amendment, subpar. (A)
read as follows: ‘‘apply to a person—
‘‘(i) transporting hazardous material in commerce;
‘‘(ii) causing hazardous material to be transported
in commerce; or
‘‘(iii) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a packaging or a container that is represented, marked, certified, or sold by that person as qualified for use in
transporting hazardous material in commerce; and’’.
Subsec. (b)(1)(C). Pub. L. 109–59, § 7103(c)(1), struck out
heading and text of subpar. (C). Text read as follows:
‘‘When prescribing a security regulation or issuing a security order that affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary.’’
Subsec. (c). Pub. L. 109–59, § 7103(c)(2), added subsec.
(c).
2002—Subsec. (b)(1). Pub. L. 107–296, § 1711(a)(1), substituted ‘‘transportation, including security,’’ for
‘‘transportation’’ in introductory provisions.
Subsec. (b)(1)(B). Pub. L. 107–296, § 1711(a)(2), substituted ‘‘aspects, including security,’’ for ‘‘aspects’’.
Subsec. (b)(1)(C). Pub. L. 107–296, § 1711(a)(3), added
subpar. (C).
1994—Subsec. (b)(1)(A)(iii). Pub. L. 103–311 substituted
‘‘a packaging or a’’ for ‘‘a package or’’.
Subsec. (b)(2). Pub. L. 103–429 substituted ‘‘be conducted under section 553 of title 5, including’’ for ‘‘include’’ and ‘‘presentation’’ for ‘‘presentations’’.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
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.
RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION
STUDY
Pub. L. 110–432, div. A, title IV, § 411, Oct. 16, 2008, 122
Stat. 4888, provided that:
‘‘(a) STUDY.—The Secretary of Transportation shall,
in consultation with the Secretary of Energy, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and the Chairman of the
Nuclear Regulatory Commission, as appropriate, conduct a study of the potential hazards to which employees of railroad carriers and railroad contractors or subcontractors are exposed during the transportation of
high-level radioactive waste and spent nuclear fuel (as
defined in section 5101(a) [probably means section
5105(a)] of title 49, United States Code), supplementing
the report submitted under section 5101(b) [probably

§ 5103

means section 5105(b)] of that title, which may include—
‘‘(1) an analysis of the potential application of ‘as
low as reasonably achievable’ principles for exposure
to radiation to such employees with an emphasis on
the need for special protection from radiation exposure for such employees during the first trimester of
pregnancy or who are undergoing or have recently
undergone radiation therapy;
‘‘(2) the feasibility of requiring real-time dosimetry
monitoring for such employees;
‘‘(3) the feasibility of requiring routine radiation
exposure monitoring in fixed railroad locations, such
as yards and repair facilities; and
‘‘(4) a review of the effectiveness of the Department’s packaging requirements for radioactive materials.
‘‘(b) REPORT.—Not later than 18 months after the date
of enactment of this Act [Oct. 16, 2008], the Secretary
of Transportation shall transmit a report on the results
of the study required by subsection (a) and any recommendations to further protect employees of a railroad
carrier or of a contractor or subcontractor to a railroad
carrier from unsafe exposure to radiation during the
transportation of high-level radioactive waste and
spent nuclear fuel to the Senate Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure.
‘‘(c) REGULATORY AUTHORITY.—The Secretary of
Transportation may issue regulations that the Secretary determines appropriate, pursuant to the report
required by subsection (b), to protect railroad employees from unsafe exposure to radiation during the transportation of radioactive materials.’’
[For definitions of ‘‘railroad carrier’’, ‘‘Department’’,
‘‘railroad’’, and ‘‘Secretary’’, as used in section 411 of
Pub. L. 110–432, set out above, see section 2(a) of Pub.
L. 110–432, set out as a note under section 20102 of this
title.]
SAFE PLACEMENT OF TRAIN CARS
Section 111 of Pub. L. 103–311 provided that: ‘‘The
Secretary of Transportation shall conduct a study of
existing practices regarding the placement of cars on
trains, with particular attention to the placement of
cars that carry hazardous materials. In conducting the
study, the Secretary shall consider whether such placement practices increase the risk of derailment, hazardous materials spills, or tank ruptures or have any other
adverse effect on safety. The results of the study shall
be submitted to Congress within 1 year after the date
of enactment of this Act [Aug. 26, 1994].’’
FIBER DRUM PACKAGING
Pub. L. 104–88, title IV, § 406, Dec. 29, 1995, 109 Stat.
957, provided that:
‘‘(a) IN GENERAL.—In the administration of chapter 51
of title 49, United States Code, the Secretary of Transportation shall issue a final rule within 60 days after
the date of the enactment of this Act [Dec. 29, 1995] authorizing the continued use of fiber drum packaging
with a removable head for the transportation of liquid
hazardous materials with respect to those liquid hazardous materials transported by such drums pursuant
to regulations in effect on September 30, 1991, if—
‘‘(1) the packaging is in compliance with regulations of the Secretary under the Hazardous Materials
Transportation Act [former 49 U.S.C. 1801 et seq.] as
in effect on September 30, 1991; and
‘‘(2) the packaging will not be used for the transportation of hazardous materials that include materials
which are poisonous by inhalation or materials in
Packing Groups I and II.
‘‘(b) EXPIRATION.—The regulation referred to in subsection (a) shall expire on the later of September 30,
1997, or the date on which funds are authorized to be appropriated to carry out chapter 51 of title 49, United
States Code (relating to transportation of hazardous

§ 5103a

TITLE 49—TRANSPORTATION

materials), for fiscal years beginning after September
30, 1997.
‘‘(c) STUDY.—
‘‘(1) IN GENERAL.—Within 90 days after the date of
the enactment of this Act [Dec. 29, 1995], the Secretary shall contract with the National Academy of
Sciences to conduct a study—
‘‘(A) to determine whether the requirements of
section 5103(b) of title 49, United States Code (relating to regulations for safe transportation), as they
pertain to fiber drum packaging with a removable
head can be met for the transportation of liquid
hazardous materials (with respect to those liquid
hazardous materials transported by such drums
pursuant to regulations in effect on September 30,
1991) with standards (including fiber drum industry
standards set forth in a June 8, 1992, exemption application submitted to the Department of Transportation), other than the performance-oriented packaging standards adopted under docket number
HM–181 contained in part 178 of title 49, Code of
Federal Regulations; and
‘‘(B) to determine whether a packaging standard
(including such fiber drum industry standards),
other than such performance-oriented packaging
standards, will provide an equal or greater level of
safety for the transportation of liquid hazardous
materials than would be provided if such performance-oriented packaging standards were in effect.
‘‘(2) COMPLETION.—The study shall be completed before March 1, 1997 and shall be transmitted to the
Committee on Commerce, Science, and Transportation of the Senate and the Transportation and Infrastructure Committee of the House of Representatives.
‘‘(d) SECRETARIAL ACTION.—By September 30, 1997, the
Secretary shall issue final regulations to determine
what standards should apply to fiber drum packaging
with a removable head for transportation of liquid hazardous materials (with respect to those liquid hazardous materials transported by such drums pursuant to
regulations in effect on September 30, 1991) after September 30, 1997. In issuing such regulations, the Secretary shall give full and substantial consideration to
the results of the study conducted in subsection (c).’’
Section 122 of Pub. L. 103–311 provided that:
‘‘(a) INITIATION OF RULEMAKING PROCEEDING.—Not
later than the 60th day following the date of enactment
of this Act [Aug. 26, 1994], the Secretary of Transportation shall initiate a rulemaking proceeding to determine whether the requirements of section 5103(b) of
title 49, United States Code (relating to regulations for
safe transportation), as they pertain to open head fiber
drum packaging can be met for the domestic transportation of liquid hazardous materials (with respect to
those classifications of liquid hazardous materials
transported by such drums pursuant to regulations in
effect on September 30, 1991) with standards other than
the performance-oriented packaging standards adopted
under docket number HM–181 contained in part 178 of
title 49, Code of Federal Regulations.
‘‘(b) ISSUANCE OF STANDARDS.—If the Secretary of
Transportation determines, as a result of the rulemaking proceeding initiated under subsection (a), that
a packaging standard other than the performance-oriented packaging standards referred to in subsection (a)
will provide an equal or greater level of safety for the
domestic transportation of liquid hazardous materials
than would be provided if such performance-oriented
packaging standards were in effect, the Secretary shall
issue regulations which implement such other standard
and which take effect before October 1, 1996.
‘‘(c) COMPLETION OF RULEMAKING PROCEEDING.—The
rulemaking proceeding initiated under subsection (a)
shall be completed before October 1, 1995.
‘‘(d) LIMITATIONS.—
‘‘(1) The provisions of subsections (a), (b), and (c)
shall not apply to packaging for those hazardous materials regulated by the Department of Transportation as poisonous by inhalation under chapter 51 of
title 49, United States Code.

Page 136

‘‘(2) Nothing in this section shall be construed to
prohibit the Secretary of Transportation from issuing
or enforcing regulations for the international transportation of hazardous materials.’’

§ 5103a. Limitation on issuance of hazmat licenses
(a) LIMITATION.—
(1) ISSUANCE OF LICENSES.—A State may not
issue to any individual a license to operate a
motor vehicle transporting in commerce a
hazardous material unless the Secretary of
Homeland Security has first determined, upon
receipt of a notification under subsection
(d)(1)(B), that the individual does not pose a
security risk warranting denial of the license.
(2) RENEWALS INCLUDED.—For the purposes of
this section, the term ‘‘issue’’, with respect to
a license, includes renewal of the license.
(b) HAZARDOUS MATERIALS DESCRIBED.—The
limitation in subsection (a) shall apply with respect to any material defined as hazardous material by the Secretary of Transportation for
which the Secretary of Transportation requires
placarding of a commercial motor vehicle transporting that material in commerce.
(c) RECOMMENDATIONS ON CHEMICAL AND BIOLOGICAL MATERIALS.—The Secretary of Health
and Human Services shall recommend to the
Secretary of Transportation any chemical or biological material or agent for regulation as a
hazardous material under section 5103(a) if the
Secretary of Health and Human Services determines that such material or agent poses a significant risk to the health of individuals.
(d) BACKGROUND RECORDS CHECK.—
(1) IN GENERAL.—Upon the request of a State
regarding issuance of a license described in
subsection (a)(1) to an individual, the Attorney General—
(A) shall carry out a background records
check regarding the individual; and
(B) upon completing the background
records check, shall notify the Secretary of
Homeland Security of the completion and
results of the background records check.
(2) SCOPE.—A background records check regarding an individual under this subsection
shall consist of the following:
(A) A check of the relevant criminal history data bases.
(B) In the case of an alien, a check of the
relevant data bases to determine the status
of the alien under the immigration laws of
the United States.
(C) As appropriate, a check of the relevant
international
data
bases
through
Interpol–U.S. National Central Bureau or
other appropriate means.
(e) REPORTING REQUIREMENT.—Each State
shall submit to the Secretary of Homeland Security, at such time and in such manner as the
Secretary of Homeland Security may prescribe,
the name, address, and such other information
as the Secretary of Homeland Security may require, concerning—
(1) each alien to whom the State issues a license described in subsection (a); and
(2) each other individual to whom such a license is issued, as the Secretary of Homeland
Security may require.

Page 137

TITLE 49—TRANSPORTATION

(f) ALIEN DEFINED.—In this section, the term
‘‘alien’’ has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act.
(g) BACKGROUND CHECKS FOR DRIVERS HAULING
HAZARDOUS MATERIALS.—
(1) IN GENERAL.—
(A) EMPLOYER NOTIFICATION.—Not later
than 90 days after the date of enactment of
this subsection, the Director of the Transportation Security Administration, after receiving comments from interested parties,
shall develop and implement a process for
notifying hazmat employers designated by
an applicant of the results of the applicant’s
background record check, if—
(i) such notification is appropriate considering the potential security implications; and
(ii) the Director, in a final notification
of threat assessment,1 served on the applicant 1 determines that the applicant does
not meet the standards set forth in regulations issued to carry out this section.
(B) RELATIONSHIP TO OTHER BACKGROUND
RECORDS CHECKS.—
(i) ELIMINATION OF REDUNDANT CHECKS.—
An individual with respect to whom the
Transportation Security Administration—
(I) has performed a security threat assessment under this section; and
(II) has issued a final notification of no
security threat,
is deemed to have met the requirements of
any other background check that is required for purposes of any Federal law applicable to transportation workers if that
background check is equivalent to, or less
stringent than, the background check required under this section.
(ii) DETERMINATION BY DIRECTOR.—Not
later than 60 days after the date of issuance of the report under paragraph (5), but
no later than 120 days after the date of enactment of this subsection, the Director
shall initiate a rulemaking proceeding, including notice and opportunity for comment, to determine which background
checks required for purposes of Federal
laws applicable to transportation workers
are equivalent to, or less stringent than,
those required under this section.
(iii) FUTURE RULEMAKINGS.—The Director
shall make a determination under the criteria established under clause (ii) with respect to any rulemaking proceeding to establish or modify required background
checks for transportation workers initiated after the date of enactment of this
subsection.
(2) APPEALS PROCESS FOR MORE STRINGENT
STATE PROCEDURES.—If a State establishes its
own standards for applicants for a hazardous
materials endorsement to a commercial driver’s license, the State shall also provide—
(A) an appeals process similar to and to
the same extent as the process provided
1 So in original. Comma probably should appear after ‘‘applicant’’.

§ 5103a

under part 1572 of title 49, Code of Federal
Regulations, by which an applicant denied a
hazardous materials endorsement to a commercial driver’s license by that State may
appeal that denial; and
(B) a waiver process similar to and to the
same extent as the process provided under
part 1572 of title 49, Code of Federal Regulations, by which an applicant denied a hazardous materials endorsement to a commercial driver’s license by that State may apply
for a waiver.
(3) CLARIFICATION OF TERM DEFINED IN REGULATIONS.—The term ‘‘transportation security
incident’’, as defined in part 1572 of title 49,
Code of Federal Regulations, does not include
a work stoppage or other nonviolent employee-related action resulting from an employer-employee dispute. Not later than 30
days after the date of enactment of this subsection, the Director shall modify the definition of that term to reflect the preceding sentence.
(4) BACKGROUND CHECK CAPACITY.—Not later
than October 1, 2005, the Director shall transmit to the Committee on Commerce, Science,
and Transportation of the Senate and the
Committees on Transportation and Infrastructure and Homeland Security of the House of
Representatives a report on the implementation of fingerprint-based security threat assessments and the adequacy of fingerprinting
locations, personnel, and resources to accomplish the timely processing of fingerprintbased security threat assessments for individuals holding commercial driver’s licenses who
are applying to renew hazardous materials endorsements.
(5) REPORT.—
(A) IN GENERAL.—Not later than 60 days
after the date of enactment of this subsection, the Director shall transmit to the
committees referred to in paragraph (4) a report on the Director’s plans to reduce or
eliminate redundant background checks for
holders of hazardous materials endorsements
performed under this section.
(B) CONTENTS.—The report shall—
(i) include a list of background checks
and other security or threat assessment
requirements applicable to transportation
workers under Federal laws for which the
Department of Homeland Security is responsible and the process by which the
Secretary of Homeland Security will determine whether such checks or assessments are equivalent to, or less stringent
than, the background check performed
under this section; and
(ii) provide an analysis of how the Director plans to reduce or eliminate redundant
background checks in a manner that will
continue to ensure the highest level of
safety and security.
(h) COMMERCIAL MOTOR VEHICLE OPERATORS
REGISTERED TO OPERATE IN MEXICO OR CANADA.—
(1) IN GENERAL.—Beginning on the date that
is 6 months after the date of enactment of this
subsection, a commercial motor vehicle operator registered to operate in Mexico or Canada

§ 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.)

§ 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.

Page 140

(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.

§ 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-

Page 145

TITLE 49—TRANSPORTATION

ous material being transported in commerce occurs, the person transporting the material, immediately on request of appropriate emergency
response authorities, shall disclose to the authorities information about the material.
(d) RETENTION OF PAPERS.—
(1) OFFERORS.—The person who provides the
shipping paper under this section shall retain
the paper, or an electronic format of it, for a
period of 2 years after the date that the shipping paper is provided to the carrier, with the
paper or electronic format to be accessible
through the offeror’s principal place of business.
(2) CARRIERS.—The carrier required to keep
the shipping paper under this section,1 shall
retain the paper, or an electronic format of it,
for a period of 1 year after the date that the
shipping paper is provided to the carrier, with
the paper or electronic format to be accessible
through the carrier’s principal place of business.
(3) AVAILABILITY TO GOVERNMENT AGENCIES.—
Any person required to keep a shipping paper
under this subsection shall, upon request,
make it available to a Federal, State, or local
government agency at reasonable times and
locations.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 768;
Pub. L. 103–311, title I, § 115, Aug. 26, 1994, 108
Stat. 1678; Pub. L. 109–59, title VII, §§ 7110, 7126,
Aug. 10, 2005, 119 Stat. 1898, 1909; Pub. L. 110–244,
title III, § 302(i), June 6, 2008, 122 Stat. 1618.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

5110(a) ........

49 App.:1804(g)(1)
(1st sentence
words before ‘‘for
the carrier’’).

Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 105(g);
added Nov. 16, 1990, Pub.
L. 101–615, § 6, 104 Stat.
3253.

5110(b) ........
5110(c) ........

49 App.:1804(g)(2).
49 App.:1804(g)(1)
(1st sentence
words after ‘‘paragraph (2)’’, last
sentence), (3).
49 App.:1804(g)(4).

5110(d) ........

In subsection (c)(1), the words ‘‘A motor carrier’’ are
substituted for ‘‘the carrier’’ for clarity.
AMENDMENTS
2008—Subsec. (d)(1). Pub. L. 110–244, § 302(i)(2), substituted ‘‘offeror’s’’ for ‘‘shipper’s’’.
Pub. L. 110–244, § 302(i)(1), which directed substitution
of ‘‘Offerors’’ for ‘‘Shippers’’ ‘‘in the subsection heading’’, was executed by making the substitution in par.
(1) heading to reflect the probable intent of Congress.
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted
‘‘Secretary apply’’ for ‘‘Secretary of Transportation
apply’’.
Pub. L. 109–59, § 7110(a)(1), substituted ‘‘in regulations’’ for ‘‘under subsection (b) of this section’’.
Subsecs. (b), (c). Pub. L. 109–59, § 7110(a)(2), (3), redesignated subsecs. (c) and (d) as (b) and (c), respectively,
and struck out former subsec. (b) which related to considerations and requirements in carrying out subsec.
(a).
Subsec. (d). Pub. L. 109–59, § 7110(b), reenacted heading
without change and amended text of subsec. (d) generally. Prior to amendment, text read as follows: ‘‘After
the hazardous material to which a shipping paper provided to a carrier under subsection (a) applies is no
1 So

in original. Comma probably should not appear.

§ 5110

longer in transportation, the person who provided the
shipping paper and the carrier required to maintain it
under subsection (a) shall retain the paper or electronic
image thereof for a period of 1 year to be accessible
through their respective principal places of business.
Such person and carrier shall, upon request, make the
shipping paper available to a Federal, State, or local
government agency at reasonable times and locations.’’
Pub. L. 109–59, § 7110(a)(3), redesignated subsec. (e) as
(d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 109–59, § 7110(a)(3), redesignated
subsec. (e) as (d).
1994—Subsec. (e). Pub. L. 103–311 added subsec. (e).
IMPROVEMENTS TO HAZARDOUS MATERIALS
IDENTIFICATION SYSTEMS
Pub. L. 101–615, § 25, Nov. 16, 1990, 104 Stat. 3273, provided that:
‘‘(a) RULEMAKING PROCEEDING.—
‘‘(1) INITIATION.—In order to develop methods of improving the current system of identifying hazardous
materials being transported in vehicles for safeguarding the health and safety of persons responding to
emergencies involving such hazardous materials and
the public and to facilitate the review and reporting
process required by subsection (d), the Secretary of
Transportation shall initiate a rulemaking proceeding not later than 30 days after the date of the enactment of this Act [Nov. 16, 1990].
‘‘(2) PRIMARY PURPOSES.—The primary purposes of
the rulemaking proceeding initiated under this subsection are—
‘‘(A) to determine methods of improving the current system of placarding vehicles transporting
hazardous materials; and
‘‘(B) to determine methods for establishing and
operating a central reporting system and computerized telecommunications data center described in
subsection (b)(1).
‘‘(3) METHODS OF IMPROVING PLACARDING SYSTEM.—
The methods of improving the current system of placarding to be considered under the rulemaking proceeding initiated under this subsection shall include
methods to make such placards more visible, methods to reduce the number of improper and missing
placards, alternative methods of marking vehicles for
the purpose of identifying the hazardous materials
being transported, methods of modifying the composition of placards in order to ensure their resistance to flammability, methods of improving the coding system used with respect to such placards, identification of appropriate emergency response procedures through symbols on placards, and whether or
not telephone numbers of any continually monitored
telephone systems which are established under the
Hazardous Materials Transportation Act [see 49
U.S.C. 5101 et seq.] are displayed on vehicles transporting hazardous materials.
‘‘(4) COMPLETION OF RULEMAKING PROCEEDING WITH
RESPECT TO REPORTING SYSTEM AND DATA CENTER.—
Not later than 19 months after the date of the enactment of this Act [Nov. 16, 1990], the Secretary of
Transportation shall complete the rulemaking proceeding initiated with respect to the central reporting system and computerized telecommunications
data center described in subsection (b).
‘‘(5) FINAL RULE WITH RESPECT TO PLACARDING.—Not
later than 30 months after the date of the enactment
of this Act, the Secretary of Transportation shall
issue a final rule relating to improving the current
system for placarding vehicles transporting hazardous materials.
‘‘(b) CENTRAL REPORTING SYSTEM AND COMPUTERIZED
TELECOMMUNICATIONS DATA CENTER STUDY.—
‘‘(1) ARRANGEMENTS WITH NATIONAL ACADEMY OF SCIENCES.—Not later than 30 days after the date of the
enactment of this Act [Nov. 16, 1990], the Secretary of
Transportation shall undertake to enter into appropriate arrangements with the National Academy of
Sciences to conduct a study of the feasibility and ne-

[§ 5111

TITLE 49—TRANSPORTATION

cessity of establishing and operating a central reporting system and computerized telecommunications
data center that is capable of receiving, storing, and
retrieving data concerning all daily shipments of hazardous materials, that can identify hazardous materials being transported by any mode of transportation, and that can provide information to facilitate
responses to accidents and incidents involving the
transportation of hazardous materials.
‘‘(2) CONSULTATION AND REPORT.—In entering into
any arrangements with the National Academy of Sciences for conducting the study under this section, the
Secretary of Transportation shall request the National Academy of Sciences—
‘‘(A) to consult with the Department of Transportation, the Department of Health and Human Services, the Environmental Protection Agency, the
Federal Emergency Management Agency, and the
Occupational Safety and Health Administration,
shippers and carriers of hazardous materials, manufacturers of computerized telecommunications systems, State and local emergency preparedness organizations (including law enforcement and firefighting organizations), and appropriate international
organizations in conducting such study; and
‘‘(B) to submit, not later than 19 months after the
date of the enactment of this Act, to the Secretary,
the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Energy and Commerce and Public Works and Transportation of the House of Representatives a report
on the results of such study.
Such report shall include recommendations of the
National Academy of Sciences with respect to establishment and operation of a central reporting system
and computerized telecommunications data center
described in paragraph (1).
‘‘(3) AUTHORIZATION OF APPROPRIATION.—In addition
to amounts authorized under section 115 of the Hazardous Materials Transportation Act [see 49 U.S.C.
5127(a)], there is authorized to be appropriated to the
Secretary of Transportation to carry out this subsection $350,000.
‘‘(c) ADDITIONAL PURPOSES OF RULEMAKING PROCEEDING AND STUDY.—Additional purposes of the rulemaking
proceeding initiated under subsection (a) with respect
to a central reporting system and computerized telecommunications data center described in subsection (b)
and the study conducted under subsection (b) are—
‘‘(1) to determine whether such a system and center
should be established and operated by the United
States Government or by a private entity, either on
its own initiative or under contract with the United
States;
‘‘(2) to determine, on an annualized basis, the estimated cost for establishing, operating, and maintaining such a system and center and for carrier and shipper compliance with such a system;
‘‘(3) to determine methods for financing the cost of
establishing, operating, and maintaining such a system and center;
‘‘(4) to determine projected safety benefits of establishing and operating such a system and center;
‘‘(5) to determine whether or not shippers, carriers,
and handlers of hazardous materials, in addition to
law enforcement officials and persons responsible for
responding to emergencies involving hazardous materials, should have access to such system for obtaining
information concerning shipments of hazardous materials and technical and other information and advice with respect to such emergencies;
‘‘(6) to determine methods for ensuring the security
of the information and data stored in such a system;
‘‘(7) to determine types of hazardous materials and
types of shipments for which information and data
should be stored in such a system;
‘‘(8) to determine the degree of liability of the operator of such a system and center for providing incorrect, false, or misleading information;
‘‘(9) to determine deadlines by which shippers, carriers, and handlers of hazardous materials should be

Page 146

required to submit information to the operator of
such a system and center and minimum standards relating to the form and contents of such information;
‘‘(10) to determine measures (including the imposition of civil and criminal penalties) for ensuring compliance with the deadlines and standards referred to
in paragraph (9); and
‘‘(11) to determine methods for accessing such a
system through mobile satellite service or other
technologies having the capability to provide 2-way
voice, data, or facsimile services.
‘‘(d) REVIEW AND REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—Not later than 25 months after
the date of the enactment of this Act [Nov. 16, 1990],
the Secretary of Transportation shall review the report of the National Academy of Sciences submitted
under subsection (b) and the results of rulemaking
proceeding initiated under subsection (a) with respect
to a central reporting system and computerized telecommunications data center and shall prepare and
submit to Congress a report summarizing the report
of the National Academy of Sciences and the results
of such rulemaking proceeding, together with the
Secretary’s recommendations concerning the establishment and operation of such a system and center
and the Secretary’s recommendations concerning implementation of the recommendations contained in
the report of the National Academy of Sciences.
‘‘(2) WEIGHT TO BE GIVEN TO RECOMMENDATIONS OF
NAS.—In conducting the review and preparing the report under this subsection, the Secretary shall give
substantial weight to the recommendations contained in the report of the National Academy of Sciences submitted under subsection (b).
‘‘(3) INCLUSION OF REASONS FOR NOT FOLLOWING RECOMMENDATIONS.—If the Secretary does not include in
the report prepared for submission to Congress under
this subsection a recommendation for implementation of a recommendation contained in the report of
the National Academy of Sciences submitted under
subsection (b), the Secretary shall include in the report to Congress under this subsection the Secretary’s reasons for not recommending implementation of the recommendation of the National Academy
of Sciences.’’
CONTINUALLY MONITORED TELEPHONE SYSTEMS
Pub. L. 101–615, § 26, Nov. 16, 1990, 104 Stat. 3273, provided that:
‘‘(a) RULEMAKING PROCEEDING.—Not later than 90 days
after the date of the enactment of this Act [Nov. 16,
1990], the Secretary of Transportation shall initiate a
rulemaking proceeding on the feasibility, necessity,
and safety benefits of requiring carriers involved in the
hazardous materials transportation industry to establish continually monitored telephone systems equipped
to provide emergency response information and assistance with respect to accidents and incidents involving
hazardous materials. Additional objectives of such proceeding shall be to determine which hazardous materials, if any, should be covered by such a requirement
and which segments of such industry (including persons
who own and operate motor vehicles, trains, vessels,
aircraft, and in-transit storage facilities) should be
covered by such a requirement.
‘‘(b) COMPLETION OF PROCEEDING.—Not later than 30
months after the date of the enactment of this Act
[Nov. 16, 1990], the Secretary of Transportation shall
complete the proceeding under this section and may
issue a final rule relating to establishment of continually monitored telephone systems described in subsection (a).’’

[§ 5111. Repealed. Pub. L. 109–59, title VII, § 7111,
Aug. 10, 2005, 119 Stat. 1899]
Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat.
769, related to use of rail tank cars built before Jan. 1,
1971, to transport hazardous material in commerce.

Page 147

TITLE 49—TRANSPORTATION

§ 5112. Highway routing of hazardous material
(a) APPLICATION.—(1) This section applies to a
motor vehicle only if the vehicle is transporting
hazardous material in commerce for which placarding of the vehicle is required under regulations prescribed under this chapter. However,
the Secretary by regulation may extend application of this section or a standard prescribed
under subsection (b) of this section to—
(A) any use of a vehicle under this paragraph
to transport any hazardous material in commerce; and
(B) any motor vehicle used to transport hazardous material in commerce.
(2) Except as provided by subsection (d) of this
section and section 5125(c) of this title, each
State and Indian tribe may establish, maintain,
and enforce—
(A) designations of specific highway routes
over which hazardous material may and may
not be transported by motor vehicle; and
(B) limitations and requirements related to
highway routing.
(b) STANDARDS FOR STATES AND INDIAN
TRIBES.—(1) The Secretary, in consultation with
the States, shall prescribe by regulation standards for States and Indian tribes to use in carrying out subsection (a) of this section. The standards shall include—
(A) a requirement that a highway routing
designation, limitation, or requirement of a
State or Indian tribe shall enhance public
safety in the area subject to the jurisdiction of
the State or tribe and in areas of the United
States not subject to the jurisdiction of the
State or tribe and directly affected by the designation, limitation, or requirement;
(B) minimum procedural requirements to ensure public participation when the State or Indian tribe is establishing a highway routing
designation, limitation, or requirement;
(C) a requirement that, in establishing a
highway routing designation, limitation, or
requirement, a State or Indian tribe consult
with appropriate State, local, and tribal officials having jurisdiction over areas of the
United States not subject to the jurisdiction
of that State or tribe establishing the designation, limitation, or requirement and with affected industries;
(D) a requirement that a highway routing
designation, limitation, or requirement of a
State or Indian tribe shall ensure through
highway routing for the transportation of hazardous material between adjacent areas;
(E) a requirement that a highway routing
designation, limitation, or requirement of one
State or Indian tribe affecting the transportation of hazardous material in another State
or tribe may be established, maintained, and
enforced by the State or tribe establishing the
designation, limitation, or requirement only
if—
(i) the designation, limitation, or requirement is agreed to by the other State or tribe
within a reasonable period or is approved by
the Secretary under subsection (d) of this
section; and
(ii) the designation, limitation, or requirement is not an unreasonable burden on commerce;

§ 5112

(F) a requirement that establishing a highway routing designation, limitation, or requirement of a State or Indian tribe be completed in a timely way;
(G) a requirement that a highway routing
designation, limitation, or requirement of a
State or Indian tribe provide reasonable
routes for motor vehicles transporting hazardous material to reach terminals, facilities for
food, fuel, repairs, and rest, and places to load
and unload hazardous material;
(H) a requirement that a State be responsible—
(i) for ensuring that political subdivisions
of the State comply with standards prescribed under this subsection in establishing, maintaining, and enforcing a highway
routing designation, limitation, or requirement; and
(ii) for resolving a dispute between political subdivisions; and
(I) a requirement that, in carrying out subsection (a) of this section, a State or Indian
tribe shall consider—
(i) population densities;
(ii) the types of highways;
(iii) the types and amounts of hazardous
material;
(iv) emergency response capabilities;
(v) the results of consulting with affected
persons;
(vi) exposure and other risk factors;
(vii) terrain considerations;
(viii) the continuity of routes;
(ix) alternative routes;
(x) the effects on commerce;
(xi) delays in transportation; and
(xii) other factors the Secretary considers
appropriate.
(2) The Secretary may not assign a specific
weight that a State or Indian tribe shall use
when considering the factors under paragraph
(1)(I) of this subsection.
(c) LIST OF ROUTE DESIGNATIONS.—In coordination with the States, the Secretary shall update
and publish periodically a list of currently effective hazardous material highway route designations.
(d) DISPUTE RESOLUTION.—(1) The Secretary
shall prescribe regulations for resolving a dispute related to through highway routing or to
an agreement with a proposed highway route
designation, limitation, or requirement between
or among States, political subdivisions of different States, or Indian tribes.
(2) A State or Indian tribe involved in a dispute under this subsection may petition the Secretary to resolve the dispute. The Secretary
shall resolve the dispute not later than one year
after receiving the petition. The resolution shall
provide the greatest level of highway safety
without being an unreasonable burden on commerce and shall ensure compliance with standards prescribed under subsection (b) of this section.
(3)(A) After a petition is filed under this subsection, a civil action about the subject matter
of the dispute may be brought in a court only
after the earlier of—
(i) the day the Secretary issues a final decision; or

§ 5113

TITLE 49—TRANSPORTATION

(ii) the last day of the one-year period beginning on the day the Secretary receives the petition.
(B) A State or Indian tribe adversely affected
by a decision of the Secretary under this subsection may bring a civil action for judicial review of the decision in an appropriate district
court of the United States not later than 89 days
after the day the decision becomes final.
(e) RELATIONSHIP TO OTHER LAWS.—This section and regulations prescribed under this section do not affect sections 31111 and 31113 of this
title or section 127 of title 23.
(f) EXISTING RADIOACTIVE MATERIAL ROUTING
REGULATIONS.—The Secretary is not required to
amend or again prescribe regulations related to
highway routing designations over which radioactive material may and may not be transported
by motor vehicles, and limitations and requirements related to the routing, that were in effect
on November 16, 1990.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 769;
Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119
Stat. 1909.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

5112(a)(1) ....

49 App.:1804(b)(7).

5112(a)(2) ....
5112(b)(1) ....

49 App.:1804(b)(1).
49 App.:1804(b)(2),
(3).
49 App.:1804(b)(9).
49 App.:1804(c).
49 App.:1804(b)(5).
49 App.:1804(b)(6).
49 App.:1804(b)(8).

5112(b)(2) ....
5112(c) ........
5112(d) ........
5112(e) ........
5112(f) ........

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 105(b)(1)–(3), (5)–(9), (c), 88
Stat. 2157; restated Nov.
16, 1990, Pub. L. 101–615,
§ 4, 104 Stat. 3248, 3251.

In subsection (a)(1), the words ‘‘in the area which is
subject to the jurisdiction of such State or Indian
tribe’’ are omitted as surplus.
In subsection (b)(1), before clause (A), the words ‘‘Not
later than 18 months after November 16, 1990’’ are omitted as obsolete. In clause (H)(i), the words ‘‘prescribed
under this subsection’’ are added for clarity.
In subsection (d)(1), the words ‘‘within 18 months of
November 16, 1990’’ are omitted as obsolete. The words
‘‘over a matter’’ are omitted as surplus.
In subsection (d)(3), the word ‘‘civil’’ is added for consistency in the revised title and with other titles of the
United States Code.
In subsection (e), the words ‘‘superseding or otherwise’’, ‘‘application of’’, ‘‘relating to vehicle weight
limitations’’, and ‘‘relating to vehicle length and vehicle width limitations, respectively’’ are omitted as surplus.
In subsection (f), the word ‘‘modify’’ is omitted as
surplus and for consistency in the revised title. The
words ‘‘issued by the Department of Transportation before November 16, 1990, and’’ are omitted as obsolete.
AMENDMENTS
2005—Subsec. (a)(1). Pub. L. 109–59 substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’ in introductory provisions.
STUDY OF HAZARDOUS MATERIALS TRANSPORTATION BY
MOTOR CARRIERS NEAR FEDERAL PRISONS
Pub. L. 103–311, title I, § 121, Aug. 26, 1994, 108 Stat.
1681, directed Secretary of Transportation to submit to
Congress, not later than 1 year after Aug. 26, 1994, report on results of study to determine safety considerations of transporting hazardous materials by motor
carriers in close proximity to Federal prisons, particu-

Page 148

larly those housing maximum security prisoners, which
was to include evaluation of ability of such facilities
and designated local planning agencies to safely evacuate such prisoners in event of emergency and any special training, equipment, or personnel that would be required by such facility and designated local emergency
planning agencies to carry out such evacuation.

§ 5113. Unsatisfactory safety rating
A violation of section 31144(c)(3) shall be considered a violation of this chapter, and shall be
subject to the penalties in sections 5123 and 5124.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 771;
Pub. L. 105–178, title IV, § 4009(b), June 9, 1998, 112
Stat. 407; Pub. L. 109–59, title VII, § 7112(a), Aug.
10, 2005, 119 Stat. 1899.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

5113(a) ........

49 App.:1814(a).

5113(b) ........
5113(c) ........
5113(d) ........

49 App.:1814(b).
49 App.:1814(c).
49 App.:2501 (note).

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 117; added
Nov. 3, 1990, Pub. L.
101–500, § 15(b)(1), 104 Stat.
1218.
Nov. 3, 1990, Pub. L. 101–500,
§ 15(b)(2), 104 Stat. 1219.

In subsections (a) and (c), the words ‘‘individuals’’ is
substituted for ‘‘passengers, including the driver’’ for
clarity and consistency.
In subsection (a), before clause (1), the words ‘‘Effective January 1, 1991’’ are omitted as obsolete. The
words ‘‘to take such action as may be necessary ’’ are
omitted as surplus.
In subsection (b), the words ‘‘from the Secretary’’ and
‘‘conditions and other’’ are omitted as surplus.
In subsection (d), the words ‘‘Not later than 1 year
after the date of enactment of this Act’’ are omitted as
obsolete.
AMENDMENTS
2005—Pub. L. 109–59 amended text generally. Prior to
amendment, text read as follows: ‘‘See section 31144.’’
1998—Pub. L. 105–178 substituted ‘‘See section 31144.’’
for subsecs. (a) to (d) which related to unsatisfactory
safety ratings.

§ 5114. Air transportation of ionizing radiation
material
(a) TRANSPORTING IN AIR COMMERCE.—Material
that emits ionizing radiation spontaneously
may be transported on a passenger-carrying aircraft in air commerce (as defined in section
40102(a) of this title) only if the material is intended for a use in, or incident to, research or
medical diagnosis or treatment and does not
present an unreasonable hazard to health and
safety when being prepared for, and during,
transportation.
(b) PROCEDURES.—The Secretary shall prescribe procedures for monitoring and enforcing
regulations prescribed under this section.
(c) NONAPPLICATION.—This section does not
apply to material the Secretary decides does not
pose a significant hazard to health or safety
when transported because of its low order of radioactivity.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772;
Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119
Stat. 1909.)

Page 149

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

5114(a) ........

49 App.:1807(a) (1st,
2d sentences), (b)
(1st sentence).

5114(b) ........

49 App.:1807(a) (last
sentence).
49 App.:1807(b) (last
sentence).

5114(c) ........

§ 5115

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 108, 88 Stat. 2159; Nov. 16,
1990, Pub. L. 101–615, § 10,
104 Stat. 3259.

In subsection (a), the text of 49 App.:1807(a) (1st sentence) is omitted as executed. The words ‘‘or combination of materials’’ are omitted as surplus.
In subsection (b), the words ‘‘further’’ and ‘‘effective’’
are omitted as surplus.
AMENDMENTS
2005—Subsec. (b). Pub. L. 109–59 substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’.

§ 5115. Training curriculum for the public sector
(a) IN GENERAL.—In coordination with the Administrator of the Federal Emergency Management Agency, the Chairman of the Nuclear Regulatory Commission, the Administrator of the
Environmental Protection Agency, the Secretaries of Labor, Energy, and Health and
Human Services, and the Director of the National Institute of Environmental Health Sciences, and using existing coordinating mechanisms of the National Response Team and, for
radioactive material, the Federal Radiological
Preparedness Coordinating Committee, the Secretary of Transportation shall maintain, and update periodically, a current curriculum of
courses necessary to train public sector emergency response and preparedness teams in matters relating to the transportation of hazardous
material. Only in developing the curriculum, the
Secretary of Transportation shall consult with
regional response teams established under the
national contingency plan established under section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9605), representatives of commissions established under section 301 of the Emergency Planning and Community Right-To-Know
Act of 1986 (42 U.S.C. 11001), persons (including
governmental entities) that provide training for
responding to accidents and incidents involving
the transportation of hazardous material, and
representatives of persons that respond to those
accidents and incidents.
(b) REQUIREMENTS.—The curriculum maintained and updated under subsection (a) of this
section—
(1) shall include—
(A) a recommended course of study to
train public sector employees to respond to
an accident or incident involving the transportation of hazardous material and to plan
for those responses;
(B) recommended basic courses and minimum number of hours of instruction necessary for public sector employees to be able
to respond safely and efficiently to an accident or incident involving the transportation of hazardous material and to plan
those responses; and
(C) appropriate emergency response training and planning programs for public sector

employees developed with Federal financial
assistance, including programs developed
with grants made under section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9660a); and
(2) may include recommendations on material appropriate for use in a recommended
basic course described in clause (1)(B) of this
subsection.
(c) TRAINING ON COMPLYING
QUIREMENTS.—A recommended

WITH LEGAL REbasic course described in subsection (b)(1)(B) of this section
shall provide the training necessary for public
sector employees to comply with—
(1) regulations related to hazardous waste
operations and emergency response contained
in part 1910 of title 29, Code of Federal Regulations, prescribed by the Secretary of Labor;
(2) regulations related to worker protection
standards for hazardous waste operations contained in part 311 of title 40, Code of Federal
Regulations, prescribed by the Administrator;
and
(3) standards related to emergency response
training prescribed by the National Fire Protection Association and such other voluntary
consensus standard-setting organizations as
the Secretary of Transportation determines
appropriate.
(d) DISTRIBUTION AND PUBLICATION.—With the
National Response Team—
(1) the Secretary shall distribute the curriculum and any updates to the curriculum to
the regional response teams and all committees and commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11001); and
(2) the Secretary may publish and distribute
a list of programs and courses maintained and
updated under this section and of any programs utilizing such courses.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772;
Pub. L. 103–429, § 6(5), Oct. 31, 1994, 108 Stat. 4378;
Pub. L. 109–59, title VII, §§ 7113, 7126, Aug. 10,
2005, 119 Stat. 1899, 1909; Pub. L. 109–295, title VI,
§ 612(c), Oct. 4, 2006, 120 Stat. 1410.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

5115(a) ........

49 App.:1815(g)(1),
(5).

5115(b) ........

49 App.:1815(g)(2),
(3).
49 App.:1815(g)(4).
49 App.:1815(g)(6).
49 App.:1815(g)(8).

5115(c) ........
5115(d)(1) ....
5115(d)(2) ....

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
88
Stat.
2156,
§ 117A
(g)(1)–(6), (8); added Nov.
16, 1990, Pub. L. 101–615,
§ 17, 104 Stat. 3265, 3267.

In subsection (c)(3), the words ‘‘including standards
471 and 472’’ are omitted as surplus.
In subsection (d)(1), the word ‘‘updates’’ is substituted for ‘‘amendments’’ for clarity.
PUB. L. 103–429
This amends 49:5115(b)(1)(C) to make a cross-reference
more precise.
AMENDMENTS
2005—Subsec. (a). Pub. L. 109–59, § 7113(a), inserted
heading and first sentence and struck out former head-

§ 5116

TITLE 49—TRANSPORTATION

ing and first sentence. Text read as follows: ‘‘Not later
than November 16, 1992, in coordination with the Director of the Federal Emergency Management Agency,
Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency,
Secretaries of Labor, Energy, and Health and Human
Services, and Director of the National Institute of Environmental Health Sciences, and using the existing
coordinating mechanisms of the national response
team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee, the Secretary of Transportation shall develop and update periodically a curriculum consisting of a list of courses
necessary to train public sector emergency response
and preparedness teams.’’
Subsec. (b). Pub. L. 109–59, § 7113(b)(1), substituted
‘‘maintained and updated’’ for ‘‘developed’’ in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 109–59, § 7113(b)(2), substituted ‘‘with Federal financial assistance, including
programs’’ for ‘‘under other United States Government
grant programs, including those’’.
Subsec. (c)(3). Pub. L. 109–59, § 7113(c), inserted ‘‘and
such other voluntary consensus standard-setting organizations as the Secretary of Transportation determines appropriate’’ before period at end.
Subsec. (d). Pub. L. 109–59, § 7113(d)(1), substituted
‘‘National Response Team’’ for ‘‘national response
team’’ in introductory provisions.
Subsec. (d)(1). Pub. L. 109–59, § 7113(d)(2), substituted
‘‘Secretary’’ for ‘‘Director of the Federal Emergency
Management Agency’’.
Subsec. (d)(2). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’.
Pub. L. 109–59, § 7113(d)(3), inserted ‘‘and distribute’’
after ‘‘publish’’ and substituted ‘‘list of programs and
courses maintained and updated under this section and
of any programs utilizing such courses’’ for ‘‘list of programs that uses a course developed under this section
for training public sector employees to respond to an
accident or incident involving the transportation of
hazardous material’’.
1994—Subsec. (b)(1)(C). Pub. L. 103–429 substituted
‘‘126(g)’’ for ‘‘126’’.
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ substituted for ‘‘Director of the Federal
Emergency Management Agency’’ in subsec. (a) on authority of section 612(c) of Pub. L. 109–295, set out as a
note under section 313 of Title 6, Domestic Security.
Any reference to the Administrator of the Federal
Emergency Management Agency in title VI of Pub. L.
109–295 or an amendment by title VI to be considered to
refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of Title 6.
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.

§ 5116. Planning and training grants, monitoring,
and review
(a) PLANNING GRANTS.—(1) The Secretary shall
make grants to States and Indian tribes—
(A) to develop, improve, and carry out emergency plans under the Emergency Planning
and Community Right-To-Know Act of 1986 (42
U.S.C. 11001 et seq.), including ascertaining
flow patterns of hazardous material on lands
under the jurisdiction of a State or Indian
tribe, and between lands under the jurisdiction
of a State or Indian tribe and lands of another
State or Indian tribe; and

Page 150

(B) to decide on the need for a regional hazardous material emergency response team.
(2) The Secretary may make a grant to a State
or Indian tribe under paragraph (1) of this subsection in a fiscal year only if—
(A) the State or Indian tribe certifies that
the total amount the State or Indian tribe expends (except amounts of the United States
Government) to develop, improve, and carry
out emergency plans under the Act will at
least equal the average level of expenditure for
the last 5 fiscal years; and
(B) the State agrees to make available at
least 75 percent of the amount of the grant
under paragraph (1) of this subsection in the
fiscal year to local emergency planning committees established under section 301(c) of the
Act (42 U.S.C. 11001(c)) to develop emergency
plans under the Act.
(3) A State or Indian tribe receiving a grant
under this subsection shall ensure that planning
under the grant is coordinated with emergency
planning conducted by adjacent States and Indian tribes.
(b) TRAINING GRANTS.—(1) The Secretary shall
make grants to States and Indian tribes to train
public sector employees to respond to accidents
and incidents involving hazardous material.
(2) The Secretary may make a grant under
paragraph (1) of this subsection in a fiscal year—
(A) to a State or Indian tribe only if the
State or tribe certifies that the total amount
the State or tribe expends (except amounts of
the Government) to train public sector employees to respond to an accident or incident
involving hazardous material will at least
equal the average level of expenditure for the
last 5 fiscal years;
(B) to a State or Indian tribe only if the
State or tribe makes an agreement with the
Secretary that the State or tribe will use in
that fiscal year, for training public sector employees to respond to an accident or incident
involving hazardous material—
(i) a course developed or identified under
section 5115 of this title; or
(ii) another course the Secretary decides is
consistent with the objectives of this section; and
(C) to a State only if the State agrees to
make available at least 75 percent of the
amount of the grant under paragraph (1) of
this subsection in the fiscal year for training
public sector employees a political subdivision
of the State employs or uses.
(3) A grant under this subsection may be
used—
(A) to pay—
(i) the tuition costs of public sector employees being trained;
(ii) travel expenses of those employees to
and from the training facility;
(iii) room and board of those employees
when at the training facility; and
(iv) travel expenses of individuals providing the training;
(B) by the State, political subdivision, or Indian tribe to provide the training; and
(C) to make an agreement the Secretary approves authorizing a person (including an au-

Page 151

TITLE 49—TRANSPORTATION

thority of a State or political subdivision of a
State or Indian tribe) to provide the training—
(i) if the agreement allows the Secretary
and the State or tribe to conduct random examinations, inspections, and audits of the
training without prior notice; and
(ii) if the State or tribe conducts at least
one on-site observation of the training each
year.
(4) The Secretary shall allocate amounts made
available for grants under this subsection for a
fiscal year among eligible States and Indian
tribes based on the needs of the States and
tribes for emergency response training. In making a decision about those needs, the Secretary
shall consider—
(A) the number of hazardous material facilities in the State or on land under the jurisdiction of the tribe;
(B) the types and amounts of hazardous material transported in the State or on that land;
(C) whether the State or tribe imposes and
collects a fee on transporting hazardous material;
(D) whether the fee is used only to carry out
a purpose related to transporting hazardous
material; and
(E) other factors the Secretary decides are
appropriate to carry out this subsection.
(c) COMPLIANCE WITH CERTAIN LAW.—The Secretary may make a grant to a State under this
section in a fiscal year only if the State certifies
that the State complies with sections 301 and 303
of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001,
11003).
(d) APPLICATIONS.—A State or Indian tribe interested in receiving a grant under this section
shall submit an application to the Secretary.
The application must be submitted at the time,
and contain information, the Secretary requires
by regulation to carry out the objectives of this
section.
(e) GOVERNMENT’S SHARE OF COSTS.—A grant
under this section is for 80 percent of the cost
the State or Indian tribe incurs in the fiscal
year to carry out the activity for which the
grant is made. Amounts of the State or tribe
under subsections (a)(2)(A) and (b)(2)(A) of this
section are not part of the non-Government
share under this subsection.
(f) MONITORING AND TECHNICAL ASSISTANCE.—In
coordination with the Secretaries of Transportation and Energy, Administrator of the Environmental Protection Agency, and Director of
the National Institute of Environmental Health
Sciences, the Administrator of the Federal
Emergency Management Agency shall monitor
public sector emergency response planning and
training for an accident or incident involving
hazardous material. Considering the results of
the monitoring, the Secretaries, Administrators, and Director each shall provide technical
assistance to a State, political subdivision of a
State, or Indian tribe for carrying out emergency response training and planning for an accident or incident involving hazardous material
and shall coordinate the assistance using the existing coordinating mechanisms of the National
Response Team and, for radioactive material,

§ 5116

the Federal Radiological Preparedness Coordinating Committee.
(g) DELEGATION OF AUTHORITY.—To minimize
administrative costs and to coordinate Federal
financial assistance for emergency response
training and planning, the Secretary may delegate to the Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory
Commission, Administrator of the Environmental Protection Agency, and Secretaries of
Labor and Energy any of the following:
(1) authority to receive applications for
grants under this section.
(2) authority to review applications for technical compliance with this section.
(3) authority to review applications to recommend approval or disapproval.
(4) any other ministerial duty associated
with grants under this section.
(h) MINIMIZING DUPLICATION OF EFFORT AND
EXPENSES.—The Secretaries of Transportation,
Labor, and Energy, Administrator of the Federal
Emergency Management Agency, Director of the
National Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory
Commission, and Administrator of the Environmental Protection Agency shall review periodically, with the head of each department, agency,
or instrumentality of the Government, all emergency response and preparedness training programs of that department, agency, or instrumentality to minimize duplication of effort and
expense of the department, agency, or instrumentality in carrying out the programs and
shall take necessary action to minimize duplication.
(i) ANNUAL REGISTRATION FEE ACCOUNT AND ITS
USES.—The Secretary of the Treasury shall establish an account in the Treasury (to be known
as the ‘‘Hazardous Materials Emergency Preparedness Fund’’) into which the Secretary of
the Treasury shall deposit amounts the Secretary of Transportation transfers to the Secretary
of
the
Treasury
under
section
5108(g)(2)(C) of this title. Without further appropriation, amounts in the account are available—
(1) to make grants under this section;
(2) to monitor and provide technical assistance under subsection (f) of this section;
(3) to publish and distribute an emergency
response guide; and
(4) to pay administrative costs of carrying
out this section and sections 5108(g)(2) and 5115
of this title, except that not more than 2 percent of the amounts made available from the
account in a fiscal year may be used to pay
those costs.
(j) SUPPLEMENTAL TRAINING GRANTS.—
(1) In order to further the purposes of subsection (b), the Secretary shall, subject to the
availability of funds, make grants to national
nonprofit employee organizations engaged
solely in fighting fires for the purpose of training instructors to conduct hazardous materials response training programs for individuals with statutory responsibility to respond
to hazardous materials accidents and incidents.

§ 5116

TITLE 49—TRANSPORTATION

(2) For the purposes of this subsection the
Secretary, after consultation with interested
organizations, shall—
(A) identify regions or locations in which
fire departments or other organizations
which provide emergency response to hazardous materials transportation accidents
and incidents are in need of hazardous materials training; and
(B) prioritize such needs and develop a
means for identifying additional specific
training needs.
(3) Funds granted to an organization under
this subsection shall only be used—
(A) to train instructors to conduct hazardous materials response training programs;
(B) to purchase training equipment used
exclusively to train instructors to conduct
such training programs; and
(C) to disseminate such information and
materials as are necessary for the conduct of
such training programs.
(4) The Secretary may only make a grant to
an organization under this subsection in a fiscal year if the organization enters into an
agreement with the Secretary to train instructors to conduct hazardous materials response training programs in such fiscal year
that will use—
(A) a course or courses developed or identified under section 5115 of this title; or
(B) other courses which the Secretary determines are consistent with the objectives
of this subsection;
for training individuals with statutory responsibility to respond to accidents and incidents
involving hazardous materials. Such agreement also shall provide that training courses
shall be open to all such individuals on a nondiscriminatory basis.
(5) The Secretary may impose such additional terms and conditions on grants to be
made under this subsection as the Secretary
determines are necessary to protect the interests of the United States and to carry out the
objectives of this subsection.
(k) REPORTS.—The Secretary shall submit annually to the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate and make available to the public information on the allocation
and uses of the planning grants allocated under
subsection (a), training grants under subsection
(b), and grants under subsection (j) of this section and under section 5107. The report shall
identify the ultimate recipients of training
grants and include a detailed accounting of all
grant expenditures by grant recipients, the number of persons trained under the grant programs,
and an evaluation of the efficacy of training programs carried out.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 773;
Pub. L. 103–311, title I, §§ 105, 119(a), (d)(2), (3),
Aug. 26, 1994, 108 Stat. 1673, 1679, 1680; Pub. L.
103–429, § 7(c), Oct. 31, 1994, 108 Stat. 4389; Pub. L.
104–287, §§ 5(8), 6(b), Oct. 11, 1996, 110 Stat. 3389,
3398; Pub. L. 109–59, title VII, §§ 7114(a)–(d)(2), (e),
7126, Aug. 10, 2005, 119 Stat. 1900, 1909; Pub. L.

Page 152

109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat.
1410.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

5116(a) ........

49 App.:1815(a).

5116(b)(1) ....
5116(b)(2) ....

49 App.:1815(b)(1).
49 App.:1815(b)
(2)–(4).
49 App.:1815(b)(5),
(6).
49 App.:1815(b)(7).
49 App.:1815(c).
49 App.:1815(e).
49 App.:1815(d).
49 App.:1815(g)(7).
49 App.:1815(f).
49 App.:1815(g)(9).
49 App.:1815(h)(6).

5116(b)(3) ....
5116(b)(4) ....
5116(c) ........
5116(d) ........
5116(e) ........
5116(f) ........
5116(g) ........
5116(h) .......
5116(i) ........

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 117A(a)–(f),
(g)(7), (9), (h)(6); added
Nov. 16, 1990, Pub. L.
101–615, § 17, 104 Stat. 3263,
3266, 3267, 3268.

In subsections (a)(2)(A) and (b)(2)(A), the words ‘‘at
least equal’’ are substituted for ‘‘be maintained at a
level which does not fall below’’ to eliminate unnecessary words.
In subsection (a)(2)(B), the words ‘‘by the State emergency response commission’’ are omitted as surplus.
In subsection (b)(2)(B)(i), the words ‘‘or courses’’ are
omitted because of 1:1.
In subsection (c), the words ‘‘including compliance
with such sections with respect to accidents and incidents involving the transportation of hazardous materials’’ are omitted as surplus.
In subsection (d), the word ‘‘section’’ is substituted
for ‘‘subsection’’ for clarity because there are no objectives in the subsection being restated.
In subsection (e), the words ‘‘A grant under this section is for’’ are substituted for ‘‘By a grant under this
section, the Secretary shall reimburse any State or Indian tribe an amount not to exceed’’ to eliminate unnecessary words and for consistency in the revised
title. The words ‘‘which are required to be expended
under subsections (a)(2) and (b)(2) of this section’’ are
omitted as surplus. The words ‘‘under this subsection’’
are added for clarity.
In subsection (h), the words ‘‘including coordination
of training programs’’ are omitted as surplus.
PUB. L. 104–287, § 5(8)
This amends 49:5116(j)(4)(A) to correct an erroneous
cross-reference.
REFERENCES IN TEXT
The Emergency Planning and Community Right-ToKnow Act of 1986, referred to in subsec. (a)(1)(A), (2), is
title III of Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1728,
which is classified generally to chapter 116 (§ 11001 et
seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 11001 of Title 42
and Tables.
AMENDMENTS
2005—Subsec. (a)(1), (2). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’
in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 109–59, § 7114(a), substituted
‘‘5 fiscal years’’ for ‘‘2 fiscal years’’.
Subsec. (b)(1). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’.
Subsec. (b)(2). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’ in introductory provisions.
Subsec. (b)(2)(A). Pub. L. 109–59, § 7114(a), substituted
‘‘5 fiscal years’’ for ‘‘2 fiscal years’’.
Subsec. (b)(3)(C), (4). Pub. L. 109–59, § 7126, substituted
‘‘Secretary’’ for ‘‘Secretary of Transportation’’ in in-

Page 153

TITLE 49—TRANSPORTATION

troductory provisions of par. (3)(C) and ‘‘Secretary
shall allocate’’ for ‘‘Secretary of Transportation shall
allocate’’ in introductory provisions of par. (4).
Subsecs. (c), (d). Pub. L. 109–59, § 7126, substituted
‘‘Secretary’’ for ‘‘Secretary of Transportation’’ in subsec. (c) and ‘‘Secretary.’’ for ‘‘Secretary of Transportation.’’ in subsec. (d).
Subsec. (f). Pub. L. 109–59, § 7114(b), substituted ‘‘National Response Team’’ for ‘‘national response team’’.
Subsec. (g). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’ in introductory provisions.
Pub. L. 109–59, § 7114(c), substituted ‘‘Federal financial
assistance’’ for ‘‘Government grant programs’’ in introductory provisions.
Subsec. (i). Pub. L. 109–59, § 7114(d)(1), (2), in introductory provisions, inserted ‘‘(to be known as the ‘Hazardous Materials Emergency Preparedness Fund’)’’ after
‘‘an account in the Treasury’’ and struck out ‘‘collects
under section 5108(g)(2)(A) of this title and’’ before
‘‘transfers to the Secretary’’, added par. (3), and redesignated former par. (3) as (4) and substituted ‘‘2 percent’’ for ‘‘10 percent’’.
Subsec. (k). Pub. L. 109–59, § 7114(e), substituted ‘‘The
Secretary shall submit annually to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate and make available
to the public information on the allocation and uses of
the planning grants allocated under subsection (a),
training grants under subsection (b), and grants under
subsection (j) of this section and under section 5107’’ for
‘‘Not later than September 30, 1997, the Secretary shall
submit to Congress a report on the allocation and uses
of training grants authorized under subsection (b) for
fiscal year 1993 through fiscal year 1996 and grants authorized under subsection (j) and section 5107 for fiscal
years 1995 and 1996’’ and ‘‘The report’’ for ‘‘Such report’’.
1996—Subsec. (a)(2). Pub. L. 104–287, § 6(b), made technical correction to directory language of Pub. L.
103–311, § 105(b)(2). See 1994 Amendment note below.
Subsec. (j)(4)(A). Pub. L. 104–287, § 5(8), substituted
‘‘section 5115 of this title’’ for ‘‘subsection (g)’’.
1994—Subsec. (a)(1). Pub. L. 103–311, § 105(a), in introductory provisions inserted ‘‘and Indian tribes’’ after
‘‘States’’, and in subpar. (A) substituted ‘‘on lands
under the jurisdiction of a State or Indian tribe, and
between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe’’
for ‘‘in a State and between States’’.
Subsec. (a)(2). Pub. L. 103–311, § 105(b)(2), as amended
by Pub. L. 104–287, § 6(b), struck out ‘‘the State’’ after
‘‘only if’’ in introductory provisions.
Pub. L. 103–311, § 105(b)(1), inserted ‘‘or Indian tribe’’
after ‘‘grant to a State’’ in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 103–311, § 105(b)(1), (3), inserted ‘‘the State or Indian tribe’’ before ‘‘certifies’’
and ‘‘or Indian tribe’’ before ‘‘expends’’.
Subsec. (a)(2)(B). Pub. L. 103–311, § 105(b)(4), inserted
‘‘the State’’ before ‘‘agrees’’.
Subsec. (a)(3). Pub. L. 103–311, § 105(c), added par. (3).
Subsec. (i)(1). Pub. L. 103–311, § 119(d)(2), as amended
by Pub. L. 103–429, struck out ‘‘and section 5107(e) of
this title’’ after ‘‘under this section’’.
Subsec. (i)(3). Pub. L. 103–311, § 119(d)(3), as amended
by Pub. L. 103–429, substituted ‘‘5108(g)(2)’’ for ‘‘5107(e),
5108(g)(2),’’.
Subsecs. (j), (k). Pub. L. 103–311, § 119(a), added subsecs. (j) and (k).
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’, ‘‘Administrators, and Director’’, and
‘‘Administrator of the Federal Emergency Management
Agency, Director of the National Institute of Environmental Health Sciences’’ substituted for ‘‘Director of
the Federal Emergency Management Agency’’, ‘‘Administrator, and Directors’’, and ‘‘Directors of the Federal Emergency Management Agency and National In-

§ 5117

stitute of Environmental Health Sciences’’, respectively, in subsecs. (f) to (h), on authority of section
612(c) of Pub. L. 109–295, set out as a note under section
313 of Title 6, Domestic Security. Any reference to the
Administrator of the Federal Emergency Management
Agency in title VI of Pub. L. 109–295 or an amendment
by title VI to be considered to refer and apply to the
Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L.
109–295, set out as a note under section 313 of Title 6.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 6(b) of Pub. L. 104–287 provided that the
amendment made by that section is effective Aug. 26,
1994.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 7(c) of Pub. L. 103–429 provided that the
amendment made by that section is effective Aug. 26,
1994.

§ 5117. Special permits and exclusions
(a) AUTHORITY TO ISSUE SPECIAL PERMITS.—(1)
As provided under procedures prescribed by regulation, the Secretary may issue, modify, or terminate a special permit authorizing a variance
from this chapter or a regulation prescribed
under section 5103(b), 5104, 5110, or 5112 of this
title to a person performing a function regulated
by the Secretary under section 5103(b)(1) in a
way that achieves a safety level—
(A) at least equal to the safety level required
under this chapter; or
(B) consistent with the public interest and
this chapter, if a required safety level does not
exist.
(2) A special permit issued under this section
shall be effective for an initial period of not
more than 2 years and may be renewed by the
Secretary upon application for successive periods of not more than 4 years each or, in the case
of a special permit relating to section 5112, for
an additional period of not more than 2 years.
(b) APPLICATIONS.—When applying for a special
permit or renewal of a special permit under this
section, the person must provide a safety analysis prescribed by the Secretary that justifies the
special permit. The Secretary shall publish in
the Federal Register notice that an application
for a special permit has been filed and shall give
the public an opportunity to inspect the safety
analysis and comment on the application. This
subsection does not require the release of information protected by law from public disclosure.
(c) APPLICATIONS TO BE DEALT WITH PROMPTLY.—The Secretary shall issue or renew the special permit for which an application was filed or
deny such issuance or renewal within 180 days
after the first day of the month following the
date of the filing of such application, or the Secretary shall publish a statement in the Federal
Register of the reason why the Secretary’s decision on the special permit is delayed, along with
an estimate of the additional time necessary before the decision is made.
(d) EXCLUSIONS.—(1) The Secretary shall exclude, in any part, from this chapter and regulations prescribed under this chapter—
(A) a public vessel (as defined in section 2101
of title 46);
(B) a vessel exempted under section 3702 of
title 46 from chapter 37 of title 46; and

[§ 5118

TITLE 49—TRANSPORTATION

(C) a vessel to the extent it is regulated
under the Ports and Waterways Safety Act of
1972 (33 U.S.C. 1221 et seq.).
(2) This chapter and regulations prescribed
under this chapter do not prohibit—
(A) or regulate transportation of a firearm
(as defined in section 232 of title 18), or ammunition for a firearm, by an individual for personal use; or
(B) transportation of a firearm or ammunition in commerce.
(e) LIMITATION ON AUTHORITY.—Unless the Secretary decides that an emergency exists, a special permit or renewal granted under this section is the only way a person subject to this
chapter may be granted a variance from this
chapter.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 776;
Pub. L. 103–311, title I, § 120(a), Aug. 26, 1994, 108
Stat. 1680; Pub. L. 109–59, title VII, §§ 7115(a)(1),
(b)–(g), 7126, Aug. 10, 2005, 119 Stat. 1901, 1909.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

5117(a) ........

49 App.:1806(a) (1st,
2d sentences).

5117(b) ........

49 App.:1806(a)
(3d–last sentences).
49 App.:1806(b).
49 App.:1806(c).
49 App.:1806(d).

5117(c)(1) ....
5117(c)(2) ....
5117(d) ........

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 107, 88 Stat. 2158; Nov. 16,
1990, Pub. L. 101–615, § 9,
104 Stat. 3259.

In subsection (a)(1), before clause (A), the words ‘‘or
renew’’ and ‘‘subject to the requirements of this chapter’’ are omitted as surplus. In clause (A), the words
‘‘at least equal to the safety level required under this
chapter’’ are substituted for ‘‘which is equal to or exceeds that level of safety which would be required in
the absence of such exemption’’ to eliminate unnecessary words.
In subsection (a)(2), the words ‘‘issued or renewed’’
are omitted as surplus.
In subsection (b), the words ‘‘upon application’’ and
‘‘grant of such’’ are omitted as surplus. The words
‘‘give the public an opportunity to inspect’’ are substituted for ‘‘afford access to . . . public’’ for clarity.
The words ‘‘described by subsection (b) of section 552 of
title 5, or which is otherwise’’ are omitted as surplus.
In subsection (c)(1), clauses (A) and (B) are substituted for ‘‘any vessel which is excepted from the application of section 201 of the Ports and Waterways
Safety Act of 1972 by paragraph (2) of such section’’.
Section 201 of that Act amended section 4417a of the
Revised Statutes (classified at 46:391a prior to its repeal
and reenactment as part of the codification of subtitle
II of title 46 in 1983). Clauses (A) and (B) restate the exceptions provided by section 201 of that Act and by section 4417a of the Revised Statutes as subsequently
amended. Clause (C) is substituted for ‘‘any other vessel regulated under such Act, to the extent of such regulation’’ because of the restatement.
In subsection (c)(2), before clause (A), the word ‘‘prescribed’’ is substituted for ‘‘issued’’ for consistency in
the revised title and with other titles of the United
States Code.
In subsection (d), the words ‘‘by which’’, ‘‘the requirements of’’, and ‘‘or relieved of the obligation to meet
any requirements imposed under’’ are omitted as surplus.
REFERENCES IN TEXT
The Ports and Waterways Safety Act of 1972, referred
to in subsec. (d)(1)(C), is Pub. L. 92–340, July 10, 1972, 86

Page 154

Stat. 424, as amended, which is classified generally to
chapter 25 (§ 1221 et seq.) of Title 33, Navigation and
Navigable Waters. For complete classification of this
Act to the Code, see Short Title note set out under section 1221 of Title 33 and Tables.
AMENDMENTS
2005—Pub. L. 109–59, § 7115(a)(1), substituted ‘‘Special
permits and exclusions’’ for ‘‘Exemptions and exclusions’’ in section catchline.
Subsec. (a). Pub. L. 109–59, § 7115(b), substituted ‘‘Issue
Special Permits’’ for ‘‘Exempt’’ in heading.
Subsec. (a)(1). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’ in introductory provisions.
Pub. L. 109–59, § 7115(c), in introductory provisions,
substituted ‘‘issue, modify, or terminate a special permit authorizing a variance’’ for ‘‘issue an exemption’’
and ‘‘performing a function regulated by the Secretary
under section 5103(b)(1)’’ for ‘‘transporting, or causing
to be transported, hazardous material’’.
Subsec. (a)(2). Pub. L. 109–59, § 7115(d), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ‘‘An exemption under this subsection is effective
for not more than 2 years and may be renewed on application to the Secretary.’’
Subsec. (b). Pub. L. 109–59, § 7115(e), substituted ‘‘the
special permit’’ for ‘‘the exemption’’ and substituted ‘‘a
special permit’’ for ‘‘an exemption’’ wherever appearing.
Subsec. (c). Pub. L. 109–59, § 7115(f), substituted ‘‘the
special permit’’ for ‘‘the exemption’’ in two places.
Subsec. (e). Pub. L. 109–59, § 7115(g), substituted ‘‘a
special permit’’ for ‘‘an exemption’’ and ‘‘be granted a
variance’’ for ‘‘be exempt’’.
1994—Subsecs. (c) to (e). Pub. L. 103–311 added subsec.
(c) and redesignated former subsecs. (c) and (d) as (d)
and (e), respectively.

[§ 5118. Repealed. Pub. L. 109–59, title
§ 7115(h), Aug. 10, 2005, 119 Stat. 1901]

VII,

Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat.
777; Pub. L. 108–426, § 2(c)(2), Nov. 30, 2004, 118 Stat. 2424,
related to employment of additional hazardous material safety inspectors.

§ 5119. Uniform forms and procedures
(a) ESTABLISHMENT OF WORKING GROUP.—The
Secretary shall establish a working group of
State and local government officials, including
representatives of the National Governors’ Association, the National Association of Counties,
the National League of Cities, the United States
Conference of Mayors, the National Conference
of State Legislatures, and the Alliance for Uniform Hazmat Transportation Procedures.
(b) PURPOSE OF WORKING GROUP.—The purpose
of the working group shall be to develop uniform
forms and procedures for a State to register, and
to issue permits to, persons that transport, or
cause to be transported, hazardous material by
motor vehicle in the State.
(c) LIMITATION ON WORKING GROUP.—The working group may not propose to define or limit the
amount of a fee a State may impose or collect.
(d) PROCEDURE.—The Secretary shall develop a
procedure for the working group to employ in
developing recommendations for the Secretary
to harmonize existing State registration and
permit laws and regulations relating to the
transportation of hazardous materials, with special attention paid to each State’s unique safety
concerns and interest in maintaining strong
hazmat safety standards.
(e) REPORT OF WORKING GROUP.—Not later
than 18 months after the date of enactment of

Page 155

this subsection, the working group shall transmit to the Secretary a report containing recommendations for establishing uniform forms and
procedures described in subsection (b).
(f) REGULATIONS.—Not later than 18 months
after the date the working group’s report is delivered to the Secretary, the Secretary shall
issue regulations to carry out such recommendations of the working group as the Secretary considers appropriate. In developing such
regulations, the Secretary shall consider the
State needs associated with the transition to
and implementation of a uniform forms and procedures program.
(g) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as
prohibiting a State from voluntarily participating in a program of uniform forms and procedures until such time as the Secretary issues
regulations under subsection (f).
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 777;
Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389;
Pub. L. 109–59, title VII, § 7116, Aug. 10, 2005, 119
Stat. 1901.)
HISTORICAL AND REVISION NOTES
Revised
Section
5119(a) ........

5119(b) ........
5119(c)(1) ....
5119(c)(2) ....
5119(c)(3) ....
5119(d) ........

§ 5121

TITLE 49—TRANSPORTATION

Source (U.S. Code)
49 App.:1819(a).

49
49
49
49
49

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 121(a)–(g);
added Nov. 16, 1990, Pub.
L. 101–615, § 22, 104 Stat.
3271; Oct. 24, 1992, Pub. L.
102–508, § 507, 106 Stat.
3312.

App.:1819(b), (c).
App.:1819(d).
App.:1819(e).
App.:1819(f).
App.:1819(g).

In subsection (a), before clause (1), the words ‘‘As
soon as practicable after November 16, 1990’’ are omitted as obsolete.
In subsection (c)(1), the words ‘‘Subject to the provisions of this subsection’’ and ‘‘to the Secretary’’ are
omitted as surplus.
REFERENCES IN TEXT
The date of enactment of this subsection, referred to
in subsec. (e), is the date of enactment of Pub. L. 109–59,
which was approved Aug. 10, 2005.
AMENDMENTS
2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to
amendment, section consisted of subsecs. (a) to (d) relating to establishment of working group, consultation
and reporting, regulations, and relationship to other
laws.
1996—Subsec. (b)(2), Pub. L. 104–287 substituted
‘‘Transportation and Infrastructure’’ for ‘‘Public Works
and Transportation’’.

§ 5120. International uniformity of standards and
requirements
(a) PARTICIPATION IN INTERNATIONAL FORUMS.—
Subject to guidance and direction from the Secretary of State, the Secretary of Transportation
shall participate in international forums that
establish or recommend mandatory standards
and requirements for transporting hazardous
material in international commerce.
(b) CONSULTATION.—The Secretary may consult with interested authorities to ensure that,
to the extent practicable, regulations the Sec-

retary prescribes under sections 5103(b), 5104,
5110, and 5112 of this title are consistent with
standards and requirements related to transporting hazardous material that international
authorities adopt.
(c) DIFFERENCES WITH INTERNATIONAL STANDARDS AND REQUIREMENTS.—This section—
(1) does not require the Secretary to prescribe a standard or requirement identical to a
standard or requirement adopted by an international authority if the Secretary decides the
standard or requirement is unnecessary or unsafe; and
(2) does not prohibit the Secretary from prescribing a safety standard or requirement
more stringent than a standard or requirement adopted by an international authority if
the Secretary decides the standard or requirement is necessary in the public interest.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 778;
Pub. L. 109–59, title VII, §§ 7117, 7126, Aug. 10,
2005, 119 Stat. 1902, 1909.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

5120(a) ........

49 App.:1804(d)(1).

5120(b) ........

49 App.:1804(d)(2)
(1st sentence).
49 App.:1804(d)(2)
(last sentence).

5120(c) ........

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 105(d), 88 Stat. 2157; restated Nov. 16, 1990, Pub.
L. 101–615 § 4, 104 Stat.
3252.

AMENDMENTS
2005—Subsec. (b). Pub. L. 109–59, § 7126, substituted
‘‘Secretary may’’ for ‘‘Secretary of Transportation
may’’.
Pub. L. 109–59, § 7117(a), inserted ‘‘and requirements’’
after ‘‘standards’’.
Subsec. (c)(1). Pub. L. 109–59, § 7126, substituted ‘‘Secretary to prescribe’’ for ‘‘Secretary of Transportation
to prescribe’’.
Pub. L. 109–59, § 7117(b)(1), inserted ‘‘or requirement’’
after ‘‘standard’’ wherever appearing.
Subsec. (c)(2). Pub. L. 109–59, § 7117(b)(2), struck out
‘‘included in a standard’’ before ‘‘adopted’’ and inserted
‘‘standard or’’ before ‘‘requirement’’ wherever appearing.

§ 5121. Administrative
(a) GENERAL AUTHORITY.—To carry out this
chapter, the Secretary may investigate, conduct
tests, make reports, issue subpenas, conduct
hearings, require the production of records and
property, take depositions, and conduct research, development, demonstration, and training activities. Except as provided in subsections
(c) and (d), after notice and an opportunity for a
hearing, the Secretary may issue an order requiring compliance with this chapter or a regulation prescribed, or an order, special permit, or
approval issued, under this chapter.
(b) RECORDS, REPORTS, AND INFORMATION.—A
person subject to this chapter shall—
(1) maintain records and property, make reports, and provide information the Secretary
by regulation or order requires; and
(2) make the records, property, reports, and
information available for inspection when the
Secretary undertakes an investigation or
makes a request.

§ 5121

TITLE 49—TRANSPORTATION

(c) INSPECTIONS AND INVESTIGATIONS.—
(1) IN GENERAL.—A designated officer, employee, or agent of the Secretary—
(A) may inspect and investigate, at a reasonable time and in a reasonable manner,
records and property relating to a function
described in section 5103(b)(1);
(B) except in the case of packaging immediately adjacent to its hazardous material
contents, may gain access to, open, and examine a package offered for, or in, transportation when the officer, employee, or agent
has an objectively reasonable and articulable belief that the package may contain a
hazardous material;
(C) may remove from transportation a
package or related packages in a shipment
offered for or in transportation for which—
(i) such officer, employee, or agent has
an objectively reasonable and articulable
belief that the package may pose an imminent hazard; and
(ii) such officer, employee, or agent contemporaneously documents such belief in
accordance with procedures set forth in
guidance or regulations prescribed under
subsection (e);
(D) may gather information from the offeror, carrier, packaging manufacturer or
tester, or other person responsible for the
package, to ascertain the nature and hazards
of the contents of the package;
(E) as necessary, under terms and conditions specified by the Secretary, may order
the offeror, carrier, packaging manufacturer
or tester, or other person responsible for the
package to have the package transported to,
opened, and the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis; and
(F) when safety might otherwise be compromised, may authorize properly qualified
personnel to assist in the activities conducted under this subsection.
(2) DISPLAY OF CREDENTIALS.—An officer, employee, or agent acting under this subsection
shall display proper credentials when requested.
(3) SAFE RESUMPTION OF TRANSPORTATION.—
In instances when, as a result of an inspection
or investigation under this subsection, an imminent hazard is not found to exist, the Secretary, in accordance with procedures set
forth in regulations prescribed under subsection (e), shall assist—
(A) in the safe and prompt resumption of
transportation of the package concerned; or
(B) in any case in which the hazardous material being transported is perishable, in the
safe and expeditious resumption of transportation of the perishable hazardous material.
(d) EMERGENCY ORDERS.—
(1) IN GENERAL.—If, upon inspection, investigation, testing, or research, the Secretary
determines that a violation of a provision of
this chapter, or a regulation prescribed under
this chapter, or an unsafe condition or practice, constitutes or is causing an imminent
hazard, the Secretary may issue or impose
emergency restrictions, prohibitions, recalls,

Page 156

or out-of-service orders, without notice or an
opportunity for a hearing, but only to the extent necessary to abate the imminent hazard.
(2) WRITTEN ORDERS.—The action of the Secretary under paragraph (1) shall be in a written emergency order that—
(A) describes the violation, condition, or
practice that constitutes or is causing the
imminent hazard;
(B) states the restrictions, prohibitions,
recalls, or out-of-service orders issued or imposed; and
(C) describes the standards and procedures
for obtaining relief from the order.
(3) OPPORTUNITY FOR REVIEW.—After taking
action under paragraph (1), the Secretary shall
provide for review of the action under section
554 of title 5 if a petition for review is filed
within 20 calendar days of the date of issuance
of the order for the action.
(4) EXPIRATION OF EFFECTIVENESS OF ORDER.—
If a petition for review of an action is filed
under paragraph (3) and the review under that
paragraph is not completed by the end of the
30-day period beginning on the date the petition is filed, the action shall cease to be effective at the end of such period unless the Secretary determines, in writing, that the imminent hazard providing a basis for the action
continues to exist.
(5) OUT-OF-SERVICE ORDER DEFINED.—In this
subsection, the term ‘‘out-of-service order’’
means a requirement that an aircraft, vessel,
motor vehicle, train, railcar, locomotive,
other vehicle, transport unit, transport vehicle, freight container, potable tank, or other
package not be moved until specified conditions have been met.
(e) REGULATIONS.—
(1) TEMPORARY REGULATIONS.—Not later than
60 days after the date of enactment of the Hazardous Materials Transportation Safety and
Security Reauthorization Act of 2005, the Secretary shall issue temporary regulations to
carry out subsections (c) and (d). The temporary regulations shall expire on the date of
issuance of the regulations under paragraph
(2).
(2) FINAL REGULATIONS.—Not later than 1
year after such date of enactment, the Secretary shall issue regulations to carry out subsections (c) and (d) in accordance with subchapter II of chapter 5 of title 5.
(f) FACILITY, STAFF, AND REPORTING SYSTEM ON
RISKS, EMERGENCIES, AND ACTIONS.—(1) The Secretary shall—
(A) maintain a facility and technical staff
sufficient to provide, within the United States
Government, the capability of evaluating a
risk related to the transportation of hazardous
material and material alleged to be hazardous;
(B) maintain a central reporting system and
information center capable of providing information and advice to law enforcement and
firefighting personnel, other interested individuals, and officers and employees of the Government and State and local governments on
meeting an emergency related to the transportation of hazardous material; and
(C) conduct a continuous review on all aspects of transporting hazardous material to

Page 157

§ 5121

TITLE 49—TRANSPORTATION

decide on and take appropriate actions to ensure safe transportation of hazardous material.
(2) Paragraph (1) of this subsection does not
prevent the Secretary from making a contract
with a private entity for use of a supplemental
reporting system and information center operated and maintained by the contractor.
(g) GRANTS AND COOPERATIVE AGREEMENTS.—
The Secretary may enter into grants and cooperative agreements with a person, agency, or instrumentality of the United States, a unit of
State or local government, an Indian tribe, a
foreign government (in coordination with the
Department of State), an educational institution, or other appropriate entity—
(1) to expand risk assessment and emergency
response capabilities with respect to the security of transportation of hazardous material;
(2) to enhance emergency communications
capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies where appropriate;
(3) to conduct research, development, demonstration, risk assessment, and emergency
response planning and training activities; or
(4) to otherwise carry out this chapter.
(h) REPORT.—The Secretary shall, once every 2
years, prepare and transmit to the Committee
on Transportation and Infrastructure of the
House of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a comprehensive report on the transportation of hazardous materials during the preceding 2 calendar years. The report shall include—
(1) a statistical compilation of accidents and
casualties related to the transportation of
hazardous material;
(2) a list and summary of applicable Government regulations, criteria, orders, and special
permits;
(3) a summary of the basis for each special
permit;
(4) an evaluation of the effectiveness of enforcement activities relating to a function
regulated by the Secretary under section
5103(b)(1) and the degree of voluntary compliance with regulations;
(5) a summary of outstanding problems in
carrying out this chapter in order of priority;
and
(6) recommendations for appropriate legislation.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 779;
Pub. L. 103–311, title I, §§ 108, 117(a)(2), Aug. 26,
1994, 108 Stat. 1674, 1678; Pub. L. 109–59, title VII,
§§ 7118, 7126, Aug. 10, 2005, 119 Stat. 1902, 1909;
Pub. L. 110–244, title III, § 302(e), June 6, 2008, 122
Stat. 1618.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

5121(a) ........

49 App.:1808(a) (1st
sentence, last sentence words before semicolon).

Jan. 3, 1975, Pub. L. 93–633,
§ 109(a) (1st sentence, last
sentence
words
before
semicolon), (b), (c), 88
Stat. 2159.

5121(b) ........
5121(c) ........

49 App.:1808(b).
49 App.:1808(c).

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

5121(d) ........

49 App.:1808(d).

5121(e) ........

49 App.:1808(e).

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 109(d), 88 Stat. 2159; Oct.
30, 1984, Pub. L. 98–559,
§ 1(a), 98 Stat. 2907; Nov.
16, 1990, Pub. L. 101–615,
§ 11, 104 Stat. 3259.
Jan. 3, 1975, Pub. L. 93–633,
§ 109(e), 88 Stat. 2159; Oct.
30, 1984, Pub. L. 98–559,
§ 1(b), 98 Stat. 2907.

In subsection (a), the words ‘‘to the extent necessary
. . . his responsibilities under’’ and ‘‘relevant’’ are
omitted as surplus. The word ‘‘documents’’ is omitted
as being included in ‘‘records’’. The words ‘‘directly or
indirectly’’ are omitted as surplus. The word ‘‘prescribed’’ is substituted for ‘‘issued’’ for consistency in
the revised title and with other titles of the United
States Code.
In subsection (b), before clause (1), the words ‘‘requirements under’’ are omitted as surplus. In clause (1),
the words ‘‘establish and’’ are omitted as surplus. The
word ‘‘requires’’ is substituted for ‘‘prescribe’’ for clarity and consistency.
In subsection (c)(1), before clause (A), the words
‘‘enter upon . . . and examine’’ and ‘‘of persons to the
extent such records and properties’’ are omitted as surplus. In clause (B), the words ‘‘or shipment by any person’’ are omitted as surplus.
In subsection (d)(1), before clause (A), the words ‘‘establish and’’ are omitted as executed. In clause (B), the
words ‘‘capable of’’ are substituted for ‘‘so as to be able
to’’ to eliminate unnecessary words. The words ‘‘technical and other’’ and ‘‘of communities’’ are omitted as
surplus. The words ‘‘and employees’’ are added for consistency in the revised title and with other titles of the
Code. In clause (C), the words ‘‘in order’’ and ‘‘to be
able to’’ are omitted as surplus.
In subsection (e), before clause (1), the words ‘‘prepare and’’ and ‘‘comprehensive’’ are omitted as surplus.
In clause (1), the word ‘‘thorough’’ is omitted as surplus. In clause (2), the words ‘‘in effect’’ are omitted as
surplus. In clause (3), the words ‘‘granted or maintained’’ are omitted as surplus. In clause (6), the words
‘‘additional . . . as are deemed necessary or’’ are omitted as surplus.
REFERENCES IN TEXT
The date of enactment of the Hazardous Materials
Transportation Safety and Security Reauthorization
Act of 2005, referred to in subsec. (e), is the date of enactment of title VII of Pub. L. 109–59, which was approved Aug. 10, 2005.
AMENDMENTS
2008—Subsec. (h)(2). Pub. L. 110–244, § 302(e)(1), substituted ‘‘special permits’’ for ‘‘exemptions’’.
Subsec. (h)(3). Pub. L. 110–244, § 302(e)(2), substituted
‘‘special permit’’ for ‘‘exemption’’.
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted
‘‘Secretary may investigate’’ for ‘‘Secretary of Transportation may investigate’’.
Pub. L. 109–59, § 7118(a), inserted ‘‘conduct tests,’’
after ‘‘investigate,’’ and substituted ‘‘Except as provided in subsections (c) and (d), after’’ for ‘‘After’’ and
‘‘regulation prescribed, or an order, special permit, or
approval issued,’’ for ‘‘regulation prescribed’’.
Subsec. (b)(1). Pub. L. 109–59, § 7118(b)(1), inserted
‘‘and property’’ after ‘‘records’’.
Subsec. (b)(2). Pub. L. 109–59, § 7118(b)(2), inserted
‘‘property,’’ after ‘‘records,’’ and ‘‘for inspection’’ after
‘‘available’’ and substituted ‘‘undertakes an investigation or makes a request’’ for ‘‘requests’’.
Subsec. (c). Pub. L. 109–59, § 7118(c), amended heading
and text of subsec. (c) generally. Prior to amendment,
text read as follows:
‘‘(1) The Secretary may authorize an officer, employee, or agent to inspect, at a reasonable time and in
a reasonable way, records and property related to—

§ 5122

TITLE 49—TRANSPORTATION

‘‘(A) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, testing, or distributing a packaging or a container for use by a person
in transporting hazardous material in commerce; or
‘‘(B) the transportation of hazardous material in
commerce.
‘‘(2) An officer, employee, or agent under this subsection shall display proper credentials when requested.’’
Subsecs. (d), (e). Pub. L. 109–59, § 7118(d), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (h), respectively.
Subsec. (f). Pub. L. 109–59, § 7118(d)(1), redesignated
subsec. (d) as (f).
Subsec. (g). Pub. L. 109–59, § 7118(e), added subsec. (g).
Subsec. (h). Pub. L. 109–59, § 7118(f)(1), substituted
‘‘transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation
of the Senate’’ for ‘‘submit to the President for transmittal to the Congress’’ in introductory provisions.
Pub. L. 109–59, § 7118(d)(1), redesignated subsec. (e) as
(h).
Subsec. (h)(4). Pub. L. 109–59, § 7118(f)(2), inserted ‘‘relating to a function regulated by the Secretary under
section 5103(b)(1)’’ after ‘‘activities’’.
1994—Subsec. (c)(1)(A). Pub. L. 103–311, § 117(a)(2), substituted ‘‘a packaging or a’’ for ‘‘a package or’’.
Subsec. (e). Pub. L. 103–311, § 108, substituted ‘‘Report’’ for ‘‘Annual Report’’ in heading and substituted
first sentence for former first sentence which read as
follows: ‘‘The Secretary shall submit to the President,
for submission to Congress, not later than June 15th of
each year, a report about the transportation of hazardous material during the prior calendar year.’’
TOLL FREE NUMBER FOR REPORTING
Section 116 of Pub. L. 103–311 provided that: ‘‘The Secretary of Transportation shall designate a toll free
telephone number for transporters of hazardous materials and other individuals to report to the Secretary
possible violations of chapter 51 of title 49, United
States Code, or any order or regulation issued under
that chapter.’’

§ 5122. Enforcement
(a) GENERAL.—At the request of the Secretary,
the Attorney General may bring a civil action in
an appropriate district court of the United
States to enforce this chapter or a regulation
prescribed or order, special permit, or approval
issued under this chapter. The court may award
appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same
penalty amounts and factors as prescribed for
the Secretary in an administrative case under
section 5123.
(b) IMMINENT HAZARDS.—(1) If the Secretary
has reason to believe that an imminent hazard
exists, the Secretary may bring a civil action in
an appropriate district court of the United
States—
(A) to suspend or restrict the transportation
of the hazardous material responsible for the
hazard; or
(B) to eliminate or mitigate the hazard.
(2) On request of the Secretary, the Attorney
General shall bring an action under paragraph
(1) of this subsection.
(c) WITHHOLDING OF CLEARANCE.—(1) If any
owner, operator, or individual in charge of a vessel is liable for a civil penalty under section 5123
of this title or for a fine under section 5124 of
this title, or if reasonable cause exists to believe

Page 158

that such owner, operator, or individual in
charge may be subject to such a civil penalty or
fine, the Secretary of Homeland Security, upon
the request of the Secretary, shall with respect
to such vessel refuse or revoke any clearance required by section 60105 of title 46.
(2) Clearance refused or revoked under this
subsection may be granted upon the filing of a
bond or other surety satisfactory to the Secretary.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 780;
Pub. L. 104–324, title III, § 312(a), Oct. 19, 1996, 110
Stat. 3920; Pub. L. 109–59, title VII, §§ 7119, 7126,
Aug. 10, 2005, 119 Stat. 1905, 1909; Pub. L. 109–304,
§ 17(h)(1), Oct. 6, 2006, 120 Stat. 1709.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

5122(a) ........

49 App.:1808(a) (last
sentence words
after semicolon).

Jan. 3, 1975, Pub. L. 93–633,
§§ 109(a)
(last
sentence
words after semicolon),
111(a), 88 Stat. 2159, 2161.

5122(b) ........

49 App.:1810(a).
49 App.:1810(b).

Jan. 3, 1975, Pub. L. 93–633,
§ 111(b), 88 Stat. 2161; Nov.
16, 1990, Pub. L. 101–615,
§ 3(b), 104 Stat. 3247.

In this section, the words ‘‘bring a civil action’’ are
substituted for ‘‘bring an action in’’ in 49 App.:1810 and
‘‘petition . . . for an order . . . for such other order’’ for
consistency in the revised title and with other titles of
the United States Code.
In subsection (a), the text of 49 App.:1808(a) (last sentence words after semicolon) and the words ‘‘for equitable relief’’ in 49 App.:1810(a) are omitted as surplus.
The words ‘‘enforce this chapter’’ are substituted for
‘‘redress a violation by any person of a provision of this
chapter’’ to eliminate unnecessary words. The words
‘‘regulation prescribed or order issued’’ are substituted
for ‘‘order or regulation issued’’ for consistency in the
revised title and with other titles of the Code. The
words ‘‘The court may award appropriate relief, including’’ are substituted for ‘‘Such district courts shall
have jurisdiction to determine such actions and may
grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim
equitable relief, and’’ to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words ‘‘as
is necessary’’ are omitted as surplus.
AMENDMENTS
2006—Subsec. (c)(1). Pub. L. 109–304 substituted ‘‘Secretary of Homeland Security’’ and ‘‘section 60105 of
title 46’’ for ‘‘Secretary of the Treasury’’ and ‘‘section
4197 of the Revised Statutes of the United States (46
App. U.S.C. 91)’’, respectively.
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted
‘‘Secretary’’ for ‘‘Secretary of Transportation’’.
Pub. L. 109–59, § 7119(a), substituted ‘‘this chapter or a
regulation prescribed or order, special permit, or approval’’ for ‘‘this chapter or a regulation prescribed or
order’’ and ‘‘The court may award appropriate relief,
including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case
under section 5123’’ for ‘‘The court may award appropriate relief, including punitive damages’’.
Subsec. (b)(1)(B). Pub. L. 109–59, § 7119(b), substituted
‘‘or mitigate the hazard’’ for ‘‘or ameliorate the hazard’’.
1996—Subsec. (c). Pub. L. 104–324 added subsec. (c).

§ 5123. Civil penalty
(a) PENALTY.—(1) A person that knowingly violates this chapter or a regulation, order, special

Page 159

§ 5123

TITLE 49—TRANSPORTATION

permit, or approval issued under this chapter is
liable to the United States Government for a
civil penalty of at least $250 but not more than
$50,000 for each violation. A person acts knowingly when—
(A) the person has actual knowledge of the
facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would
have that knowledge.
(2) If the Secretary finds that a violation
under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may
increase the amount of the civil penalty for such
violation to not more than $100,000.
(3) If the violation is related to training, paragraph (1) shall be applied by substituting ‘‘$450’’
for ‘‘$250’’.
(4) A separate violation occurs for each day
the violation, committed by a person that transports or causes to be transported hazardous material, continues.
(b) HEARING REQUIREMENT.—The Secretary
may find that a person has violated this chapter
or a regulation prescribed or order, special permit, or approval issued under this chapter only
after notice and an opportunity for a hearing.
The Secretary shall impose a penalty under this
section by giving the person written notice of
the amount of the penalty.
(c) PENALTY CONSIDERATIONS.—In determining
the amount of a civil penalty under this section,
the Secretary shall consider—
(1) the nature, circumstances, extent, and
gravity of the violation;
(2) with respect to the violator, the degree of
culpability, any history of prior violations,
the ability to pay, and any effect on the ability to continue to do business; and
(3) other matters that justice requires.
(d) CIVIL ACTIONS TO COLLECT.—The Attorney
General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this section and any
accrued interest on the civil penalty as calculated in accordance with section 1005 of the
Oil Pollution Act of 1990 (33 U.S.C. 2705). In the
civil action, the amount and appropriateness of
the civil penalty shall not be subject to review.
(e) COMPROMISE.—The Secretary may compromise the amount of a civil penalty imposed
under this section before referral to the Attorney General.
(f) SETOFF.—The Government may deduct the
amount of a civil penalty imposed or compromised under this section from amounts it
owes the person liable for the penalty.
(g)
DEPOSITING
AMOUNTS
COLLECTED.—
Amounts collected under this section shall be
deposited in the Treasury as miscellaneous receipts.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 780;
Pub. L. 109–59, title VII, §§ 7120(a)–(c), 7126, Aug.
10, 2005, 119 Stat. 1905, 1906, 1909.)

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

5123(a)(1) ....

49 App.:1809(a)(1)
(1st sentence less
3d–16th words, 2d
sentence words
before 4th comma,
3d sentence).
49 App.:1809(a)(3).

Jan. 3, 1975, Pub. L. 93–633,
§ 110(a)(1), 88 Stat. 2160;
Nov. 16, 1990, Pub. L.
101–615, § 12(a)(1), 104 Stat.
3259.

5123(a)(2) ....
5123(b) ........

5123(c) ........
5123(d), (e)
5123(f) ........
5123(g) ........

49 App.:1809(a)(1) (2d
sentence words
after 4th comma).
49 App.:1809(a)(1)
(1st sentence
3d–16th words, 4th
sentence).
49 App.:1809(a)(1)
(last sentence).
49 App.:1809(a)(2)
(1st sentence).
49 App.:1809(a)(2) (2d
sentence).
49 App.:1809(a)(2)
(last sentence).

Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 110(a)(3);
added Nov. 16, 1990, Pub.
L. 101–615, § 12(a)(2), 104
Stat. 3259.

Jan. 3, 1975, Pub. L. 93–633,
§ 110(a)(2), 88 Stat. 2160.

In subsection (a)(1), before clause (1), the words ‘‘A
person that knowingly violates this chapter or a regulation prescribed or order issued under this chapter is
liable to the United States Government for a civil penalty of at least $250 but not more than $25,000 for each
violation’’ are substituted for 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th
comma, 3d sentence) to eliminate unnecessary words.
In subsection (b), the word ‘‘impose’’ is substituted
for ‘‘assessed’’ for consistency.
In subsection (c)(2), the words ‘‘the violator’’ are substituted for ‘‘the person found to have committed such
violation’’ to eliminate unnecessary words.
In subsection (f), the words ‘‘imposed or compromised’’ are substituted for ‘‘of such penalty, when
finally determined (or agreed upon in compromise)’’ to
eliminate unnecessary words and for consistency. The
words ‘‘liable for the penalty’’ are substituted for
‘‘charged’’ for clarity.
AMENDMENTS
2005—Subsec. (a)(1). Pub. L. 109–59, § 7120(a)(1), in introductory provisions substituted ‘‘regulation, order,
special permit, or approval issued’’ for ‘‘regulation prescribed or order issued’’ and ‘‘$50,000’’ for ‘‘$25,000’’.
Subsec. (a)(2) to (4). Pub. L. 109–59, § 7120(a)(2), (3),
added pars. (2) and (3) and redesignated former par. (2)
as (4).
Subsec. (b). Pub. L. 109–59, § 7126, substituted ‘‘Secretary may’’ for ‘‘Secretary of Transportation may’’.
Pub. L. 109–59, § 7120(b), substituted ‘‘regulation prescribed or order, special permit, or approval issued’’ for
‘‘regulation prescribed’’.
Subsec. (d). Pub. L. 109–59, § 7120(c), substituted ‘‘section and any accrued interest on the civil penalty as
calculated in accordance with section 1005 of the Oil
Pollution Act of 1990 (33 U.S.C. 2705). In the civil action,
the amount and appropriateness of the civil penalty
shall not be subject to review.’’ for ‘‘section.’’
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–59, title VII, § 7120(d), Aug. 10, 2005, 119
Stat. 1906, provided that:
‘‘(1) HEARING REQUIREMENT.—The amendment made
by subsection (b) [amending this section] shall take effect on the date of enactment of this Act [Aug. 10, 2005],
and shall apply with respect to violations described in
section 5123(a) of title 49, United States Code (as
amended by this section), that occur on or after that
date.
‘‘(2) CIVIL ACTIONS TO COLLECT.—The amendment
made by subsection (c) [amending this section] shall
apply with respect to civil penalties imposed on violations described in section 5123(a) of title 49, United
States Code (as amended by this section), that occur on

§ 5124

TITLE 49—TRANSPORTATION

or after the date of enactment of this Act [Aug. 10,
2005].’’

§ 5124. Criminal penalty
(a) IN GENERAL.—A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for
not more than 5 years, or both; except that the
maximum amount of imprisonment shall be 10
years in any case in which the violation involves
the release of a hazardous material that results
in death or bodily injury to any person.
(b) KNOWING VIOLATIONS.—For purposes of this
section—
(1) a person acts knowingly when—
(A) the person has actual knowledge of the
facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care
would have that knowledge; and
(2) knowledge of the existence of a statutory
provision, or a regulation or a requirement required by the Secretary, is not an element of
an offense under this section.
(c) WILLFUL VIOLATIONS.—For purposes of this
section, a person acts willfully when—
(1) the person has knowledge of the facts giving rise to the violation; and
(2) the person has knowledge that the conduct was unlawful.
(d) RECKLESS VIOLATIONS.—For purposes of
this section, a person acts recklessly when the
person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781;
Pub. L. 109–59, title VII, § 7121, Aug. 10, 2005, 119
Stat. 1906.)
HISTORICAL AND REVISION NOTES
Revised
Section
5124 ............

Source (U.S. Code)
49 App.:1809(b).

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 110(b), 88 Stat. 2161; restated Nov. 16, 1990, Pub.
L. 101–615, § 12(b), 104 Stat.
3259.

AMENDMENTS
2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to
amendment, text read as follows: ‘‘A person knowingly
violating section 5104(b) of this title or willfully violating this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18,
imprisoned for not more than 5 years, or both.’’

§ 5125. Preemption
(a) GENERAL.—Except as provided in subsections (b), (c), and (e) of this section and unless authorized by another law of the United
States, a requirement of a State, political subdivision of a State, or Indian tribe is preempted
if—
(1) complying with a requirement of the
State, political subdivision, or tribe and a requirement of this chapter, a regulation prescribed under this chapter, or a hazardous ma-

Page 160

terials transportation security regulation or
directive issued by the Secretary of Homeland
Security is not possible; or
(2) the requirement of the State, political
subdivision, or tribe, as applied or enforced, is
an obstacle to accomplishing and carrying out
this chapter, a regulation prescribed under
this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security.
(b) SUBSTANTIVE DIFFERENCES.—(1) Except as
provided in subsection (c) of this section and unless authorized by another law of the United
States, a law, regulation, order, or other requirement of a State, political subdivision of a
State, or Indian tribe about any of the following
subjects, that is not substantively the same as a
provision of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security, is preempted:
(A) the designation, description, and classification of hazardous material.
(B) the packing, repacking, handling, labeling, marking, and placarding of hazardous material.
(C) the preparation, execution, and use of
shipping documents related to hazardous material and requirements related to the number,
contents, and placement of those documents.
(D) the written notification, recording, and
reporting of the unintentional release in
transportation of hazardous material.
(E) the 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.
(2) If the Secretary prescribes or has prescribed under section 5103(b), 5104, 5110, or 5112 of
this title or prior comparable provision of law a
regulation or standard related to a subject referred to in paragraph (1) of this subsection, a
State, political subdivision of a State, or Indian
tribe may prescribe, issue, maintain, and enforce only a law, regulation, standard, or order
about the subject that is substantively the same
as a provision of this chapter or a regulation
prescribed or order issued under this chapter.
The Secretary shall decide on and publish in the
Federal Register the effective date of section
5103(b) of this title for any regulation or standard about any of those subjects that the Secretary prescribes. The effective date may not be
earlier than 90 days after the Secretary prescribes the regulation or standard nor later than
the last day of the 2-year period beginning on
the date the Secretary prescribes the regulation
or standard.
(3) If a State, political subdivision of a State,
or Indian tribe imposes a fine or penalty the
Secretary decides is appropriate for a violation
related to a subject referred to in paragraph (1)
of this subsection, an additional fine or penalty
may not be imposed by any other authority.
(c) COMPLIANCE WITH SECTION 5112(b) REGULATIONS.—(1) Except as provided in paragraph (2) of

Page 161

§ 5125

TITLE 49—TRANSPORTATION

this subsection, after the last day of the 2-year
period beginning on the date a regulation is prescribed under section 5112(b) of this title, a
State or Indian tribe may establish, maintain,
or enforce a highway routing designation over
which hazardous material may or may not be
transported by motor vehicles, or a limitation
or requirement related to highway routing, only
if the designation, limitation, or requirement
complies with section 5112(b).
(2)(A) A highway routing designation, limitation, or requirement established before the date
a regulation is prescribed under section 5112(b)
of this title does not have to comply with section 5112(b)(1)(B), (C), and (F).
(B) This subsection and section 5112 of this
title do not require a State or Indian tribe to
comply with section 5112(b)(1)(I) if the highway
routing designation, limitation, or requirement
was established before November 16, 1990.
(C) The Secretary may allow a highway routing designation, limitation, or requirement to
continue in effect until a dispute related to the
designation, limitation, or requirement is resolved under section 5112(d) of this title.
(d) DECISIONS ON PREEMPTION.—(1) A person
(including a State, political subdivision of a
State, or Indian tribe) directly affected by a requirement of a State, political subdivision, or
tribe may apply to the Secretary, as provided by
regulations prescribed by the Secretary, for a
decision on whether the requirement is preempted by subsection (a), (b)(1), or (c) of this
section or section 5119(f). The Secretary shall
publish notice of the application in the Federal
Register. The Secretary shall issue a decision on
an application for a determination within 180
days after the date of the publication of the notice of having received such application, or the
Secretary shall publish a statement in the Federal Register of the reason why the Secretary’s
decision on the application is delayed, along
with an estimate of the additional time necessary before the decision is made. After notice
is published, an applicant may not seek judicial
relief on the same or substantially the same
issue until the Secretary takes final action on
the application or until 180 days after the application is filed, whichever occurs first.
(2) After consulting with States, political subdivisions of States, and Indian tribes, the Secretary shall prescribe regulations for carrying
out paragraph (1) of this subsection.
(3) Subsection (a) of this section does not prevent a State, political subdivision of a State, or
Indian tribe, or another person directly affected
by a requirement, from seeking a decision on
preemption from a court of competent jurisdiction instead of applying to the Secretary under
paragraph (1) of this subsection.
(e) WAIVER OF PREEMPTION.—A State, political
subdivision of a State, or Indian tribe may apply
to the Secretary for a waiver of preemption of a
requirement the State, political subdivision, or
tribe acknowledges is preempted by subsection
(a), (b)(1), or (c) of this section or section 5119(f).
Under a procedure the Secretary prescribes by
regulation, the Secretary may waive preemption
on deciding the requirement—
(1) provides the public at least as much protection as do requirements of this chapter and
regulations prescribed under this chapter; and

(2) is not an unreasonable burden on commerce.
(f) FEES.—(1) A State, political subdivision of
a State, or Indian tribe may impose a fee related
to transporting hazardous material only if the
fee is fair and used for a purpose related to
transporting hazardous material, including enforcement and planning, developing, and maintaining a capability for emergency response.
(2) A State or political subdivision thereof or
Indian tribe that levies a fee in connection with
the transportation of hazardous materials shall,
upon the Secretary’s request, report to the Secretary on—
(A) the basis on which the fee is levied upon
persons involved in such transportation;
(B) the purposes for which the revenues from
the fee are used;
(C) the annual total amount of the revenues
collected from the fee; and
(D) such other matters as the Secretary requests.
(g) APPLICATION OF
ARD.—Each standard

EACH PREEMPTION STANDfor preemption in subsection (a), (b)(1), or (c), and in section 5119(f), is
independent in its application to a requirement
of a State, political subdivision of a State, or Indian tribe.
(h) NON-FEDERAL ENFORCEMENT STANDARDS.—
This section does not apply to any procedure,
penalty, required mental state, or other standard utilized by a State, political subdivision of a
State, or Indian tribe to enforce a requirement
applicable to the transportation of hazardous
material.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781;
Pub. L. 103–311, title I, §§ 107, 117(a)(2), 120(b),
Aug. 26, 1994, 108 Stat. 1674, 1678, 1681; Pub. L.
103–429, § 6(6), Oct. 31, 1994, 108 Stat. 4378; Pub. L.
107–296, title XVII, § 1711(b), Nov. 25, 2002, 116
Stat. 2320; Pub. L. 109–59, title VII, §§ 7122,
7123(a), 7126, Aug. 10, 2005, 119 Stat. 1907, 1909;
Pub. L. 110–244, title III, § 302(c), June 6, 2008, 122
Stat. 1618.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

5125(a) ........

49 App.:1811(a).

5125(b) ........

49 App.:1804(a)(4),
(5).

5125(c)
5125(d)
5125(e)
5125(f)
5125(g)

49
49
49
49
49

........
........
........
........
........

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 112(a)–(e), 88 Stat. 2161;
Nov. 30, 1979, Pub. L.
96–129, § 216(a), 93 Stat.
1015; restated Nov. 16, 1990,
Pub. L. 101–615, § 13, 104
Stat. 3259.
Jan. 3, 1975, Pub. L. 93–633,
§ 105(a)(4), (5), (b)(4), 88
Stat. 2157; restated Nov.
16, 1990, Pub. L. 101–615,
§ 4, 104 Stat. 3247, 3250.

App.:1804(b)(4).
App.:1811(c).
App.:1811(d).
App.:1811(e).
App.:1811(b).

In subsections (a) and (b)(1), the words ‘‘and unless
authorized by Federal law’’ are omitted as surplus.
In subsection (a), before clause (1), the reference to
subsections (b) and (c) is substituted for 49
App.:1811(a)(3) for clarity.
In subsection (b)(1), before clause (A), the words ‘‘ruling, provision’’ are omitted as surplus.
In subsection (b)(3), the word ‘‘imposes’’ is substituted for ‘‘assesses’’ for consistency.

§ 5126

TITLE 49—TRANSPORTATION

In subsection (c)(1), the words ‘‘the procedural requirements of’’ and ‘‘the substantive requirements of’’
are omitted as surplus.
In subsection (c)(2)(A), the words ‘‘procedural requirements of the Federal standards established pursuant to’’ are omitted as surplus.
In subsection (f), the words ‘‘may bring a civil action
for judicial review’’ are substituted for ‘‘may seek judicial review . . . only by filing a petition’’ for consistency in the revised title.
PUB. L. 103–429
This amends 49:5125(a) and (b)(1) to clarify the restatement of 49 App.:1804(a)(4) and 1811(a) by section 1
of the Act of July 5, 1994 (Public Law 103–272, 108 Stat.
781).
AMENDMENTS
2008—Subsec. (d)(1). Pub. L. 110–244, § 302(c)(1), substituted ‘‘5119(f)’’ for ‘‘5119(e)’’.
Subsec. (e). Pub. L. 110–244, § 302(c)(2), substituted
‘‘5119(f)’’ for ‘‘5119(b)’’ in introductory provisions.
Subsec. (g). Pub. L. 110–244, § 302(c)(2), (3), substituted
‘‘(a), (b)(1), or (c)’’ for ‘‘(b), (c)(1), or (d)’’ and ‘‘5119(f)’’
for ‘‘5119(b)’’.
2005—Subsec. (b)(1)(E). Pub. L. 109–59, § 7122(a)(1),
added subpar. (E) and struck out former subpar. (E)
which read as follows: ‘‘the design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a packaging or a container represented, marked, certified, or sold as qualified for use
in transporting hazardous material.’’
Subsec. (b)(2). Pub. L. 109–59, § 7126, substituted ‘‘If
the Secretary’’ for ‘‘If the Secretary of Transportation’’.
Pub. L. 109–59, § 7122(a)(2), substituted ‘‘subjects that
the Secretary prescribes. The’’ for ‘‘subjects that the
Secretary prescribes after November 16, 1990. However,
the’’.
Subsec. (d)(1). Pub. L. 109–59, § 7122(b), inserted ‘‘or
section 5119(e)’’ before period at end of first sentence.
Subsec. (e). Pub. L. 109–59, § 7122(c), inserted ‘‘or section 5119(b)’’ before period at end of first sentence.
Subsec. (f). Pub. L. 109–59, § 7123(a), redesignated subsec. (g) as (f), realigned margins, and struck out heading and text of former subsec. (f). Text read as follows:
‘‘A party to a proceeding under subsection (d) or (e) of
this section may bring a civil action in an appropriate
district court of the United States for judicial review of
the decision of the Secretary not later than 60 days
after the decision becomes final.’’
Subsec. (g). Pub. L. 109–59, § 7123(a)(2), redesignated
subsec. (h) as (g). Former subsec. (g) redesignated (f).
Subsecs. (h), (i). Pub. L. 109–59, § 7123(a)(2), redesignated subsecs. (h) and (i) as (g) and (h), respectively.
Pub. L. 109–59, § 7122(d), added subsecs. (h) and (i).
2002—Subsecs. (a), (b)(1). Pub. L. 107–296 substituted
‘‘chapter, a regulation prescribed under this chapter, or
a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland
Security’’ for ‘‘chapter or a regulation prescribed under
this chapter’’ wherever appearing.
1994—Subsecs. (a), (b)(1). Pub. L. 103–429 inserted ‘‘and
unless authorized by another law of the United States’’
after ‘‘section’’ in introductory provisions.
Subsec. (b)(1)(E). Pub. L. 103–311, § 117(a)(2), substituted ‘‘a packaging or a’’ for ‘‘a package or’’.
Subsec. (d). Pub. L. 103–311, § 120(b), inserted after second sentence ‘‘The Secretary shall issue a decision on
an application for a determination within 180 days after
the date of the publication of the notice of having received such application, or the Secretary shall publish
a statement in the Federal Register of the reason why
the Secretary’s decision on the application is delayed,
along with an estimate of the additional time necessary before the decision is made.’’
Subsec. (g). Pub. L. 103–311, § 107, designated existing
provisions as par. (1) and added par. (2).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as

Page 162

an Effective Date note under section 101 of Title 6, Domestic Security.
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.

§ 5126. Relationship to other laws
(a) CONTRACTS.—A person under contract with
a department, agency, or instrumentality of the
United States Government that transports hazardous material, or causes hazardous material
to be transported, or designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or
packaging component that is represented as
qualified for use in transporting hazardous material shall comply with this chapter, regulations prescribed and orders issued under this
chapter, and all other requirements of the Government, State and local governments, and Indian tribes (except a requirement preempted by
a law of the United States) in the same way and
to the same extent that any person engaging in
that transportation, designing, manufacturing,
fabricating, inspecting, marking, maintaining,
reconditioning, repairing, or testing that is in or
affects commerce must comply with the provision, regulation, order, or requirement.
(b) NONAPPLICATION.—This chapter does not
apply to—
(1) a pipeline subject to regulation under
chapter 601 of this title; or
(2) any matter that is subject to the postal
laws and regulations of the United States
under this chapter or title 18 or 39.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 783;
Pub. L. 103–311, title I, § 117(a)(2), Aug. 26, 1994,
108 Stat. 1678; Pub. L. 109–59, title VII, § 7124,
Aug. 10, 2005, 119 Stat. 1908; Pub. L. 110–244, title
III, § 302(d), June 6, 2008, 122 Stat. 1618.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

5126(a) ........

49 App.:1818.

5126(b) ........

49 App.:1811(f).

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 120; added
Nov. 16, 1990, Pub. L.
101–615, § 20, 104 Stat. 3270.
Jan. 3, 1975, Pub. L. 93–633,
§ 112(f), 88 Stat. 2161; Nov.
30, 1979, Pub. L. 96–129,
§ 216(a), 93 Stat. 1015; restated Nov. 16, 1990, Pub.
L. 101–615, § 13, 104 Stat.
3260.

In subsection (a), the word ‘‘manufactures’’ is substituted for ‘‘manufacturers’’ to correct an error in the
source provisions. The words ‘‘of the executive, legislative, or judicial branch’’, ‘‘be subject to and’’, ‘‘substantive and procedural’’, and ‘‘this chapter or any
other’’ are omitted as surplus.
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–244 amended Pub. L.
109–59. See 2005 Amendment note below.
2005—Subsec. (a). Pub. L. 109–59, § 7124(4), substituted
‘‘designing, manufacturing, fabricating, inspecting,
marking, maintaining, reconditioning, repairing, or
testing’’ for ‘‘manufacturing, fabricating, marking,
maintenance, reconditioning, repairing, or testing’’.
Pub. L. 109–59, § 7124(3), as amended by Pub. L. 110–244,
substituted ‘‘shall comply with this chapter’’ for ‘‘must
comply with this chapter’’.

Page 163

§ 5128

TITLE 49—TRANSPORTATION

Pub. L. 109–59, § 7124(1), (2), substituted ‘‘transports
hazardous material, or causes hazardous material to be
transported,’’ for ‘‘transports or causes to be transported hazardous material,’’ and ‘‘designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented’’ for ‘‘manufactures,
fabricates, marks, maintains, reconditions, repairs, or
tests a packaging or a container that the person represents, marks, certifies, or sells’’.
1994—Subsec. (a). Pub. L. 103–311 substituted ‘‘a packaging or a’’ for ‘‘a package or’’.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–244 effective as of the date
of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be
treated as included in Pub. L. 109–59 as of that date, and
provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244
to be treated as not enacted, see section 121(b) of Pub.
L. 110–244, set out as a note under section 101 of Title
23, Highways.

§ 5127. Judicial review
(a) FILING AND VENUE.—Except as provided in
section 20114(c), a person adversely affected or
aggrieved by a final action of the Secretary
under this chapter may petition for review of
the final action in the United States Court of
Appeals for the District of Columbia or in the
court of appeals for the United States for the
circuit in which the person resides or has its
principal place of business. The petition must be
filed not more than 60 days after the Secretary’s
action becomes final.
(b) JUDICIAL PROCEDURES.—When a petition is
filed under subsection (a), the clerk of the court
immediately shall send a copy of the petition to
the Secretary. The Secretary shall file with the
court a record of any proceeding in which the
final action was issued, as provided in section
2112 of title 28.
(c) AUTHORITY OF COURT.—The court has exclusive jurisdiction, as provided in subchapter II of
chapter 5 of title 5, to affirm or set aside any
part of the Secretary’s final action and may
order the Secretary to conduct further proceedings.
(d) REQUIREMENT FOR PRIOR OBJECTION.—In reviewing a final action under this section, the
court may consider an objection to a final action of the Secretary only if the objection was
made in the course of a proceeding or review
conducted by the Secretary or if there was a
reasonable ground for not making the objection
in the proceeding.
(Added Pub. L. 109–59, title VII, § 7123(b), Aug. 10,
2005, 119 Stat. 1907.)
PRIOR PROVISIONS
A prior section 5127 was renumbered section 5128 of
this title.

§ 5128. Authorization of appropriations
(a) IN GENERAL.—In order to carry out this
chapter (except sections 5107(e), 5108(g)(2), 5113,
5115, 5116, and 5119), the following amounts are
authorized to be appropriated to the Secretary:
(1) For fiscal year 2005, $24,940,000.
(2) For fiscal year 2006, $29,000,000.
(3) For fiscal year 2007, $30,000,000.
(4) For fiscal year 2008, $30,000,000.

(b) HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS FUND.—There shall be available to
the Secretary, from the account established pursuant to section 5116(i), for each of fiscal years
2005 through 2008 the following:
(1) To carry out section 5115, $200,000.
(2) To carry out sections 5116(a) and (b),
$21,800,000 to be allocated as follows:
(A) $5,000,000 to carry out section 5116(a).
(B) $7,800,000 to carry out section 5116(b).
(C) Of the amount provided for by this
paragraph for a fiscal year in excess of the
suballocations in subparagraphs (A) and
(B)—
(i) 35 percent shall be used to carry out
section 5116(a); and
(ii) 65 percent shall be used to carry out
section 5116(b),
except that the Secretary may increase the
proportion to carry out section 5116(b) and
decrease the proportion to carry out section
5116(a) if the Secretary determines that such
reallocation is appropriate to carry out the
intended uses of these funds as described in
the applications submitted by States and Indian tribes.
(3) To carry out section 5116(f), $150,000.
(4) To publish and distribute the Emergency
Response Guidebook under section 5116(i)(3),
$625,000.
(5) To carry out section 5116(j), $1,000,000.
(c) HAZMAT TRAINING GRANTS.—There shall be
available to the Secretary, from the account established pursuant to section 5116(i), to carry
out section 5107(e) $4,000,000 for each of fiscal
years 2005 through 2008.
(d) ISSUANCE OF HAZMAT LICENSES.—There are
authorized to be appropriated for the Department of Transportation such amounts as may be
necessary to carry out section 5103a.
(e) CREDITS TO APPROPRIATIONS.—The Secretary may credit to any appropriation to carry
out this chapter an amount received from a
State, Indian tribe, or other public authority or
private entity for expenses the Secretary incurs
in providing training to the State, authority, or
entity.
(f) AVAILABILITY OF AMOUNTS.—Amounts made
available by or under this section remain available until expended.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 783,
§ 5127; Pub. L. 103–311, title I, §§ 103, 119(b), (c)(4),
Aug. 26, 1994, 108 Stat. 1673, 1680; renumbered
§ 5128 and amended Pub. L. 109–59, title VII,
§§ 7123(b), 7125, Aug. 10, 2005, 119 Stat. 1907, 1908;
Pub. L. 110–244, title III, § 302(f), June 6, 2008, 122
Stat. 1618.)
HISTORICAL AND REVISION NOTES
Revised
Section
5127(a) ........

Source (U.S. Code)
49 App.:1812(a).

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 115, 88 Stat. 2164; July 19,
1975, Pub. L. 94–56, § 4, 89
Stat. 264; Oct. 11, 1976,
Pub. L. 94–474, § 3, 90 Stat.
2068; Sept. 30, 1978, Pub. L.
95–403, 92 Stat. 863; Oct. 30,
1984, Pub. L. 98–559, § 2, 98
Stat. 2907; restated Nov.
16, 1990, Pub. L. 101–615,
§ 14, 104 Stat. 3260; Oct. 24,
1992, Pub. L. 102–508, § 504,
106 Stat. 3311.

§ 5128

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED

Sec.

5312.
Revised
Section

Source (U.S. Code)

5127(b) ........

49 App.:1816(d).

5127(c) ........

49 App.:1815(i)(3).

5127(d) ........

49 App.:1815(i)(1),
(2), (4).
49 App.:1819(h) (1st
sentence).

5127(e) ........

5127(f) ........
5127(g) ........

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 118(d);
added Nov. 16, 1990, Pub.
L. 101–615, § 18, 104 Stat.
3269; Oct. 24, 1992, Pub. L.
102–508, § 506, 106 Stat.
3312.
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 117A(i);
added Nov. 16, 1990, Pub.
L. 101–615, § 17, 104 Stat.
3268.
Jan. 3, 1975, Pub. L. 93–633,
88 Stat. 2156, § 121(h);
added Nov. 16, 1990, Pub.
L. 101–615, § 22, 104 Stat.
3272.

49 App.:1812(b).
49 App.:1815(i)(5).
49 App.:1819(h) (last
sentence).

In the section, references to fiscal years 1991 and 1992
are omitted as obsolete.
In subsections (b), (c)(1), and (d), the words ‘‘amounts
in’’ are omitted as surplus.
In subsection (c), the text of 49 App.:1815(i)(3)(A) is
omitted as obsolete.
In subsection (c)(2), the words ‘‘relating to dissemination of the curriculum’’ are omitted as surplus.
AMENDMENTS
2008—Pub. L. 110–244 substituted ‘‘Authorization’’ for
‘‘Authorizations’’ in section catchline.
2005—Pub. L. 109–59, § 7125, substituted ‘‘Authorizations’’ for ‘‘Authorization’’ in section catchline and
amended text generally, substituting provisions relating to authorization of appropriations for fiscal years
2005 to 2008, consisting of subsecs. (a) to (f), for provisions relating to authorization of appropriations for fiscal years 1993 to 1998, consisting of subsecs. (a) to (g).
Pub. L. 109–59, § 7123(b), renumbered section 5127 of
this title as this section.
1994—Subsec. (a). Pub. L. 103–311, § 103, substituted
‘‘fiscal year 1993, $18,000,000 for fiscal year 1994,
$18,540,000 for fiscal year 1995, $19,100,000 for fiscal year
1996, and $19,670,000 for fiscal year 1997’’ for ‘‘the fiscal
year ending September 30, 1993,’’.
Subsec. (b). Pub. L. 103–311, § 119(c)(4), amended subsec. (b)(1) generally. Prior to amendment, subsec. (b)(1)
read as follows:
‘‘(b) HAZMAT EMPLOYEE TRAINING.—(1) Not more than
$250,000 is available to the Director of the National Institute of Environmental Health Sciences from the account established under section 5116(i) of this title for
each of the fiscal years ending September 30, 1993–1998,
to carry out section 5107(e) of this title.’’
Pub. L. 103–311, § 119(b), designated existing provisions
as par. (1) and added par. (2).

CHAPTER 53—PUBLIC TRANSPORTATION
Sec.

5301.
5302.
5303.
5304.
5305.
5306.

5307.
5308.
5309.
5310.
5311.

Policies, findings, and purposes.
Definitions.
Metropolitan transportation planning.
Statewide transportation planning.
Planning programs.
Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other
limitations.
Urbanized area formula grants.
Clean fuels grant program.
Capital investment grants.
Formula grants for special needs of elderly
individuals and individuals with disabilities.
Formula grants for other than urbanized
areas.

Page 164

5313.
5314.
5315.
5316.
5317.
5318.
5319.
5320.
5321.
5322.
5323.
5324.
5325.
[5326.
5327.
5328.
5329.
5330.
5331.
5332.
5333.
5334.
5335.
5336.
5337.
5338.
5339.
5340.

Research, development, demonstration, and
deployment projects.
Transit cooperative research program.
National research programs.
National transit institute.
Job access and reverse commute formula
grants.
New freedom program.
Bus testing facility.
Bicycle facilities.
Alternative transportation in parks and public lands.
Crime prevention and security.
Human resource programs.
General provisions on assistance.
Special provisions for capital projects.
Contract requirements.
Repealed.]
Project management oversight.
Project review.
Investigations of safety hazards and security
risks.
State safety oversight.
Alcohol and controlled substances testing.
Nondiscrimination.
Labor standards.
Administrative provisions.
National transit database.
Apportionment of appropriations for formula
grants.
Apportionment based on fixed guideway factors.
Authorizations.
Alternatives analysis program.
Apportionments based on growing States and
high density States formula factors.
AMENDMENTS

2005—Pub. L. 109–59, title III, §§ 3002(b)(1), 3005(c),
3006(c), 3007(b), 3010(b), 3011(b), 3012(c), 3013(i), 3014(e)(2),
3015(b)(2), 3016(d), 3018(b), 3019(b), 3021(b), 3024(b), 3025(b),
3028(d), 3029(b), 3033(b), 3035(b), 3038(b), Aug. 10, 2005, 119
Stat. 1544, 1559, 1566, 1568, 1573, 1588, 1593, 1596, 1597, 1600,
1605, 1608, 1614, 1620, 1622, 1625, 1627, 1629, 1638, substituted ‘‘PUBLIC’’ for ‘‘MASS’’ in chapter heading,
substituted ‘‘transportation planning’’ for ‘‘planning’’
in item 5303, ‘‘Statewide transportation planning’’ for
‘‘Transportation improvement program’’ in item 5304,
‘‘Planning programs’’ for ‘‘Transportation management
areas’’ in item 5305, ‘‘grant program’’ for ‘‘formula
grant program’’ in item 5308, ‘‘grants’’ for ‘‘grants and
loans’’ in item 5309, ‘‘Formula grants’’ for ‘‘Formula
grants and loans’’ in item 5310, ‘‘grants’’ for ‘‘grant’’ in
item 5311, ‘‘deployment’’ for ‘‘training’’ in item 5312,
‘‘Transit cooperative research program’’ for ‘‘State
planning and research programs’’ in item 5313, ‘‘research programs’’ for ‘‘planning and research programs’’ in item 5314, ‘‘Alternative transportation in
parks and public lands’’ for ‘‘Suspended light rail system technology pilot project’’ in item 5320, ‘‘Special
provisions for capital projects’’ for ‘‘Limitations on
discretionary and special needs grants and loans’’ in
item 5324, ‘‘Investigations of safety hazards and security risks’’ for ‘‘Investigation of safety hazards’’ in
item 5329, ‘‘State safety oversight’’ for ‘‘Withholding
amounts for noncompliance with safety requirements’’
in item 5330, ‘‘National transit database’’ for ‘‘Reports
and audits’’ in item 5335, and ‘‘Apportionment based on
fixed guideway factors’’ for ‘‘Apportionment of appropriations for fixed guideway modernization’’ in item
5337, added items 5316, 5317, and 5340, and struck out
item 5326 ‘‘Special procurements’’.
Pub. L. 109–59, title III, § 3037(b), Aug. 10, 2005, 119
Stat. 1636, which directed amendment of the analysis
for chapter 53 by striking the item relating to section
5339 and inserting a new item 5339, was executed by
adding the new item 5339 after item 5338 to reflect the
probable itent of Congress, because no item for section
5339 had been enacted.