1625-0062 Stat/Authority

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