-CITE-
    49 USC CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL    01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
             CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL         

-MISC1-
    Sec.                                                     
    5101.       Purpose.                                              
    5102.       Definitions.                                          
    5103.       General regulatory authority.                         
    5103a.      Limitation on issuance of hazmat licenses.            
    5104.       Representation and tampering.                         
    5105.       Transporting certain highly radioactive material.     
    5106.       Handling criteria.                                    
    5107.       Hazmat employee training requirements and grants.     
    5108.       Registration.                                         
    5109.       Motor carrier safety permits.                         
    5110.       Shipping papers and disclosure.                       
    [5111.      Repealed.]                                            
    5112.       Highway routing of hazardous material.                
    5113.       Unsatisfactory safety rating.                         
    5114.       Air transportation of ionizing radiation material.    
    5115.       Training curriculum for the public sector.            
    5116.       Planning and training grants, monitoring, and review. 
    5117.       Special permits and exclusions.                       
    [5118.      Repealed.]                                            
    5119.       Uniform forms and procedures.                         
    5120.       International uniformity of standards and
                 requirements.                                        
    5121.       Administrative.                                       
    5122.       Enforcement.                                          
    5123.       Civil penalty.                                        
    5124.       Criminal penalty.                                     
    5125.       Preemption.                                           
    5126.       Relationship to other laws.                           
    5127.       Judicial review.                                      
    5128.       Authorization of appropriations.(!1)                  

                                AMENDMENTS                            
      2005 - Pub. L. 109-59, title VII, Secs. 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, Sec. 1012(a)(2), Oct. 26, 2001,
    115 Stat. 397, added item 5103a.

-FOOTNOTE-               

    (!1) So in original. Does not conform to section catchline.

-End-

-CITE-
    49 USC Sec. 5101                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5101. Purpose

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 759; Pub. L.
    109-59, title VII, Sec. 7101(b), Aug. 10, 2005, 119 Stat. 1891.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5101           49 App.:1801.           Jan. 3, 1975, Pub. L.        
                                            93-633, Sec. 102, 88 Stat.  
                                            2156.                       
    --------------------------------------------------------------------

      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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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'."

-TRANS-
                           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.

-MISC2-
                                 FINDINGS                             
      Pub. L. 109-59, title VII, Sec. 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;
        "(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, Sec. 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 (41 U.S.C. 10a-10c [41 U.S.C. 10a, 10b, former
    10b-1]; popularly known as the 'Buy American Act'), 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."

-End-

-CITE-
    49 USC Sec. 5102                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5102. Definitions

-STATUTE-
      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" - 
          (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 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 Self-Determination 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, unloading, or storage incidental to the
      movement.
        (14) "United States" means all of the States.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 759; Pub. L.
    103-311, title I, Sec. 117(a)(1), Aug. 26, 1994, 108 Stat. 1678;
    Pub. L. 104-88, title III, Sec. 308(d), Dec. 29, 1995, 109 Stat.
    947; Pub. L. 109-59, title VII, Secs. 7102, 7126, Aug. 10, 2005,
    119 Stat. 1892, 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5102(1)        49                      Jan. 3, 1975, Pub. L.        
                    App.:1802(1)-(3),       93-633, Sec. 103, 88 Stat.  
                    (13).                   2156; restated Nov. 16,     
                                            1990, Pub. L. 101-615, Sec. 
                                            3(a), 104 Stat. 3245; Oct.  
                                            24, 1992, Pub. L. 102-508,  
                                            Secs. 501, 502, 106 Stat.   
                                            3311.                       
    5102(2)        49 App.:1802(4).                                     
    5102(3)        49 App.:1802(5).                                     
    5102(4)        49 App.:1802(6).                                     
    5102(5)        49 App.:1802(7).                                     
    5102(6)        49 App.:1802(8).                                     
    5102(7)        49 App.:1802(9).                                     
    5102(8)        49 App.:1802(10).                                    
    5102(9)        49 App.:1802(11).                                    
    5102(10)       49 App.:1802(12).                                    
    5102(11)       49 App.:1802(14).                                    
    5102(12)       49 App.:1802(15).                                    
    5102(13)       49 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                            
      2005 - Par. (1)(C). Pub. L. 109-59, Sec. 7102(1), added subpar.
    (C).
      Par. (2). Pub. L. 109-59, Sec. 7126, substituted "Secretary" for
    "Secretary of Transportation".
      Par. (3)(A)(i). Pub. L. 109-59, Sec. 7102(2)(A), 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, Sec. 7102(2)(B), 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, Sec. 7102(2)(D)(i), 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, Sec. 7102(2)(C), 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".
      Par. (3)(B)(ii). Pub. L. 109-59, Sec. 7102(2)(D)(ii), 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, Sec. 7102(2)(C), redesignated
    subpar. (C) as (B).
      Par. (4). Pub. L. 109-59, Sec. 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, Sec. 7102(4), inserted "relating to
    hazardous material" after "of a condition".
      Par. (7). Pub. L. 109-59, Sec. 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, Sec. 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, Sec. 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, Sec. 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".

-End-

-CITE-
    49 USC Sec. 5103                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5103. General regulatory authority

-STATUTE-
      (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;
          (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 761; Pub. L.
    103-311, title I, Sec. 117(a)(2), Aug. 26, 1994, 108 Stat. 1678;
    Pub. L. 103-429, Sec. 6(3), Oct. 31, 1994, 108 Stat. 4378; Pub. L.
    107-296, title XVII, Sec. 1711(a), Nov. 25, 2002, 116 Stat. 2319;
    Pub. L. 109-59, title VII, Secs. 7103, 7126, Aug. 10, 2005, 119
    Stat. 1893, 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5103(a)        49 App.:1803.           Jan. 3, 1975, Pub. L.        
                                            93-633, Sec. 104, 88 Stat.  
                                            2156.                       
    5103(b)        49 App.:1804(a)         Jan. 3, 1975, Pub. L.        
                    (1)-(3).                93-633, Sec. 105(a)(1)-(3), 
                                            88 Stat. 2157; restated Nov.
                                            16, 1990, Pub. L. 101-615,  
                                            Sec. 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", 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                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary shall designate" for "Secretary of Transportation shall
    designate".
      Pub. L. 109-59, Sec. 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, Sec. 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, Sec. 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, Sec. 7103(c)(2), added subsec. (c).
      2002 - Subsec. (b)(1). Pub. L. 107-296, Sec. 1711(a)(1),
    substituted "transportation, including security," for
    "transportation" in introductory provisions.
      Subsec. (b)(1)(B). Pub. L. 107-296, Sec. 1711(a)(2), substituted
    "aspects, including security," for "aspects".
      Subsec. (b)(1)(C). Pub. L. 107-296, Sec. 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.

                       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, Sec. 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 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.
        "(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."

-End-

-CITE-
    49 USC Sec. 5103a                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5103a. Limitation on issuance of hazmat licenses

-STATUTE-
      (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 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 for which the Secretary 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 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, at such time and in such manner as the Secretary may
    prescribe, the name, address, and such other information as the
    Secretary 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 may require.

      (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 Act, 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 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 fingerprint-based 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 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.

-SOURCE-
    (Added Pub. L. 107-56, title X, Sec. 1012(a)(1), Oct. 26, 2001, 115
    Stat. 396; amended Pub. L. 109-59, title VII, Secs. 7104, 7105,
    7126, Aug. 10, 2005, 119 Stat. 1894, 1909.)

-REFTEXT-
                            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.
      The date of enactment of this Act, referred to in subsec.
    (g)(1)(B)(ii), probably means the date of enactment of Pub. L. 109-
    59, which enacted subsec. (g) of this section, and was approved
    Aug. 10, 2005.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(1). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary" for "Secretary of Transportation".
      Pub. L. 109-59, Sec. 7104(c), substituted "subsection (d)(1)(B),"
    for "subsection (c)(1)(B),".
      Subsec. (b). Pub. L. 109-59, Sec. 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, Sec. 7104(b)(2), added subsec. (c).
    Former subsec. (c) redesignated (d).
      Subsec. (d). Pub. L. 109-59, Sec. 7104(b)(1), redesignated
    subsec. (c) as (d). Former subsec. (d) redesignated (e).
      Subsec. (d)(1)(B). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary" for "Secretary of Transportation".
      Subsec. (e). Pub. L. 109-59, Sec. 7126, substituted "submit to
    the Secretary" for "submit to the Secretary of Transportation" in
    introductory provisions.
      Pub. L. 109-59, Sec. 7104(b)(1), redesignated subsec. (d) as (e).
    Former subsec. (e) redesignated (f).
      Subsec. (f). Pub. L. 109-59, Sec. 7104(b)(1), redesignated
    subsec. (e) as (f).
      Subsecs. (g), (h). Pub. L. 109-59, Sec. 7105, added subsecs. (g)
    and (h).

                      AUTHORIZATION OF APPROPRIATIONS                  
      Pub. L. 107-56, title X, Sec. 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)."

-FOOTNOTE-
    (!1) So in original. Comma probably should appear after "applicant".

-End-

-CITE-
    49 USC Sec. 5104                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5104. Representation and tampering

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 761; Pub. L.
    103-311, title I, Sec. 117(b), Aug. 26, 1994, 108 Stat. 1678; Pub.
    L. 103-429, Sec. 6(4), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109-
    59, title VII, Sec. 7106, Aug. 10, 2005, 119 Stat. 1897.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5104(a)        49 App.:1804(e).        Jan. 3, 1975, Pub. L.        
                                            93-633, 88 Stat. 2156, Sec. 
                                            105(e), (f); added Nov. 16, 
                                            1990, Pub. L. 101-615, Sec. 
                                            5, 104 Stat. 3252.          
    5104(b)        49 App.:1804(f).                                     
    --------------------------------------------------------------------

      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, Sec. 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, Sec. 7106(b)(1), substituted "No
    person may" for "A person may not" in introductory provisions.
      Subsec. (b)(2). Pub. L. 109-59, Sec. 7106(b)(2), inserted
    "component of a package, or packaging," after "package,".
      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.

                     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.

-End-

-CITE-
    49 USC Sec. 5105                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5105. Transporting certain highly radioactive material

-STATUTE-
      (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 highway-route-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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 762; Pub. L.
    109-59, title VII, Secs. 7107, 7126, Aug. 10, 2005, 119 Stat. 1897,
    1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5105(a)        49 App.:1813(e).        Jan. 3, 1975, Pub. L.        
                                            93-633, 88 Stat. 2156, Sec. 
                                            116(e); added Oct. 24, 1992,
                                            Pub. L. 102-508, Sec.       
                                            505(2), 106 Stat. 3311.     
                   49 App.:1813 (note).    Nov. 16, 1990, Pub. L.       
                                            101-615, Sec. 16(e), 104    
                                            Stat. 3263.                 
    5105(b)        49 App.:1813(a).        Jan. 3, 1975, Pub. L.        
                                            93-633, 88 Stat. 2156, Sec. 
                                            116(a)-(d); added Oct. 30,  
                                            1984, Pub. L. 98-559, Sec.  
                                            3, 98 Stat. 2907; restated  
                                            Nov. 16, 1990, Pub. L.      
                                            101-615, Sec. 15, 104 Stat. 
                                            3261; Oct. 24, 1992, Pub. L.
                                            102-508, Sec. 505(1), 106   
                                            Stat. 3311.                 
    5105(c)        49 App.:1813(b).                                     
    5105(d)        49 App.:1813(c).                                     
    5105(e)        49 App.:1813(d).                                     
    --------------------------------------------------------------------

      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, Sec. 7126, substituted
    "Secretary shall" for "Secretary of Transportation shall" wherever
    appearing.
      Subsec. (d). Pub. L. 109-59, Sec. 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, Sec. 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, Sec. 7107(2), redesignated subsec.
    (e) as (d).

-End-

-CITE-
    49 USC Sec. 5106                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5106. Handling criteria

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 763; Pub. L.
    109-59, title VII, Sec. 7126, Aug. 10, 2005, 119 Stat. 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5106           49 App.:1805(a).        Jan. 3, 1975, Pub. L.        
                                            93-633, Sec. 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.

-End-

-CITE-
    49 USC Sec. 5107                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5107. Hazmat employee training requirements and grants

-STATUTE-
      (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.
        (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 763; Pub. L.
    103-311, title I, Secs. 106, 119(c)(1)-(3), Aug. 26, 1994, 108
    Stat. 1674, 1680; Pub. L. 109-59, title VII, Secs. 7108, 7126, Aug.
    10, 2005, 119 Stat. 1897, 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5107(a)        49 App.:1805(b)(1),     Jan. 3, 1975, Pub. L.        
                    (2), (5) (1st           93-633, 88 Stat. 2156, Sec. 
                    sentence).              106(b); added Nov. 16, 1990,
                                            Pub. L. 101-615, Sec. 7(3), 
                                            104 Stat. 3253.             
    5107(b)        49 App.:1805(b)(4),                                  
                    (5) (last sentence).                                 
    5107(c)        49 App.:1805(b)(6).                                  
    5107(d)        49 App.:1805(b)(3)                                   
                    (1st sentence).                                     
    5107(e)        49 App.:1816(a)-(c).    Jan. 3, 1975, Pub. L.        
                                            93-633, 88 Stat. 2156, Sec. 
                                            118(a)-(c); added Nov. 16,  
                                            1990, Pub. L. 101-615, Sec. 
                                            18, 104 Stat. 3269.         
    5107(f)(1)     49 App.:1805(b)(7).                                  
    5107(f)(2)     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, Sec. 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, Sec. 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, Sec. 7108(3), added subsec. (f).
    Former subsec. (f) redesignated (g).
      Subsec. (g). Pub. L. 109-59, Sec. 7108(2), redesignated subsec.
    (f) as (g). Former subsec. (g) redesignated (h).
      Subsec. (g)(1). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary" for "Secretary of Transportation".
      Subsec. (g)(2). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary" for "Secretary of Transportation".
      Pub. L. 109-59, Sec. 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, Sec. 7108(2), redesignated subsec.
    (g) as (h).
      1994 - Subsec. (d). Pub. L. 103-311, Sec. 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, Sec. 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, Sec. 119(c)(3), added subsec. (g).

-End-

-CITE-
    49 USC Sec. 5108                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5108. Registration

-STATUTE-
      (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.
      (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 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 765; Pub. L.
    103-311, title I, Secs. 104, 117(a)(3), 119(d)(1), Aug. 26, 1994,
    108 Stat. 1673, 1678, 1680; Pub. L. 105-102, Sec. 2(3), Nov. 20,
    1997, 111 Stat. 2204; Pub. L. 105-225, Sec. 7(b)(1), Aug. 12, 1998,
    112 Stat. 1511; Pub. L. 109-59, title VII, Secs. 7109(a)-(c), (e),
    (f), 7114(d)(3), 7126, Aug. 10, 2005, 119 Stat. 1897, 1898, 1900,
    1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5108(a)(1)     49 App.:1805(c)(1).     Jan. 3, 1975, Pub. L.        
                                            93-633, 88 Stat. 2156, Sec. 
                                            106(c); added Nov. 16, 1990,
                                            Pub. L. 101-615, Sec. 8(a), 
                                            104 Stat. 3255; Oct. 24,    
                                            1992, Pub. L. 102-508, Sec. 
                                            503(a)(1)-(3), (b), 106     
                                            Stat. 3311.                 
    5108(a)(2)     49 App.:1805(c)(3).                                  
    5108(a)(3)     49 App.:1805(c)(4).                                  
    5108(b)        49 App.:1805(c)(7),                                  
                    (8).                                                
    5108(c)        49 App.:1805(c)(5),                                  
                    (6).                                                
    5108(d)        49 App.:1805(c)(9).                                  
    5108(e)        49 App.:1805(c)(2).                                  
    5108(f)        49 App.:1805(c)(10).                                 
    5108(g)(1)     49 App.:1805(c)(11).                                 
    5108(g)(2)     49 App.:1815(h)         Jan. 3, 1975, Pub. L.        
                    (1)-(5).                93-633, 88 Stat. 2156, Sec. 
                                            117A(h)(1)- (5); added Nov. 
                                            16, 1990, Pub. L. 101-615,  
                                            Sec. 17, 104 Stat. 3267.    
    5108(h)        49 App.:1805(c)(12).                                 
    5108(i)        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 cross-reference.

                                AMENDMENTS                            
      2005 - Subsec. (a)(1). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary" for "Secretary of Transportation" in introductory
    provisions.
      Subsec. (a)(1)(B). Pub. L. 109-59, Sec. 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, Sec. 7126, substituted "Secretary
    may" for "Secretary of Transportation may" in introductory
    provisions.
      Subsec. (a)(2)(B). Pub. L. 109-59, Sec. 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, Sec. 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, Sec. 7126, substituted "Secretary
    requires" for "Secretary of Transportation requires" in
    introductory provisions.
      Subsec. (b)(1)(C). Pub. L. 109-59, Sec. 7109(b), substituted "any
    of the activities" for "the activity".
      Subsec. (c). Pub. L. 109-59, Sec. 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, Sec. 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, Sec. 7126, substituted "Secretary
    shall" for "Secretary of Transportation shall".
      Pub. L. 109-59, Sec. 7109(f)(1), substituted "shall" for "may".
      Subsec. (g)(2)(A). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary shall establish" for "Secretary of Transportation shall
    establish" in introductory provisions.
      Pub. L. 109-59, Sec. 7109(f)(2), substituted "$3,000" for
    "$5,000" in introductory provisions.
      Subsec. (g)(2)(B). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary shall" for "Secretary of Transportation shall".
      Subsec. (g)(2)(C). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary shall" for "Secretary of Transportation shall".
      Pub. L. 109-59, Sec. 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, Sec. 7109(f)(3), added par. (3).
      Subsec. (h). Pub. L. 109-59, Sec. 7126, substituted "Secretary"
    for "Secretary of Transportation".
      Subsec. (i)(1). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary" for "Secretary of Transportation".
      Subsec. (i)(2)(B). Pub. L. 109-59, Sec. 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, Sec. 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, Sec. 104, added par. (4).
      Subsec. (g)(2)(A)(viii). Pub. L. 103-311, Sec. 119(d)(1), struck
    out "5107(e)," before "5108(g)(2)".

                               REGISTRATION                           
      Pub. L. 109-59, title VII, Sec. 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."

-End-

-CITE-
    49 USC Sec. 5109                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5109. Motor carrier safety permits

-STATUTE-
      (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 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 767; Pub. L.
    109-59, title VII, Sec. 7126, Aug. 10, 2005, 119 Stat. 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5109(a)        49 App.:1805(d)(1),     Jan. 3, 1975, Pub. L.        
                    (2).                    93-633, 88 Stat. 2156, Sec. 
                                            106(d); added Nov. 16, 1990,
                                            Pub. L. 101-615, Sec. 8(a), 
                                            104 Stat. 3257; Oct. 24,    
                                            1992, Pub. L. 102-508, Sec. 
                                            503(a)(4), (5), (b), 106    
                                            Stat. 3311.                 
    5109(b)        49 App.:1805(d)(5).                                  
    5109(c)        49 App.:1805(d)(7).                                  
    5109(d)        49 App.:1805(d)(4).                                  
    5109(e)        49 App.:1805(d)(6).                                  
    5109(f)        49 App.:1805(d)(3).                                  
    5109(g)        49 App.:1805(d)(8).                                  
    5109(h)        49 App.:1805 (note).    Nov. 16, 1990, Pub. L.       
                                            101-615, Sec. 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.

-End-

-CITE-
    49 USC Sec. 5110                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5110. Shipping papers and disclosure

-STATUTE-
      (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 Emergency Response Authorities. - When an
    incident involving hazardous 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) Shippers. - 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 shipper'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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 768; Pub. L.
    103-311, title I, Sec. 115, Aug. 26, 1994, 108 Stat. 1678; Pub. L.
    109-59, title VII, Secs. 7110, 7126, Aug. 10, 2005, 119 Stat. 1898,
    1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5110(a)        49 App.:1804(g)(1)      Jan. 3, 1975, Pub. L.        
                    (1st sentence words     93-633, 88 Stat. 2156, Sec. 
                    before "for the         105(g); added Nov. 16, 1990,
                    carrier").              Pub. L. 101-615, Sec. 6, 104
                                            Stat. 3253.                 
    5110(b)        49 App.:1804(g)(2).                                  
    5110(c)        49 App.:1804(g)(1)                                   
                    (1st sentence words                                 
                    after "paragraph                                    
                    (2)", last                                          
                    sentence), (3).                                     
    5110(d)        49 App.:1804(g)(4).                                  
    --------------------------------------------------------------------

      In subsection (c)(1), the words "A motor carrier" are substituted
    for "the carrier" for clarity.

                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary apply" for "Secretary of Transportation apply".
      Pub. L. 109-59, Sec. 7110(a)(1), substituted "in regulations" for
    "under subsection (b) of this section".
      Subsecs. (b), (c). Pub. L. 109-59, Sec. 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, Sec. 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 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, Sec. 7110(a)(3), redesignated subsec. (e) as (d).
    Former subsec. (d) redesignated (c).
      Subsec. (e). Pub. L. 109-59, Sec. 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, Sec. 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 necessity
      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 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, Sec. 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)."

-FOOTNOTE-
    (!1) So in original. Comma probably should not appear.

-End-

-CITE-
    49 USC Sec. 5111                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    [Sec. 5111. Repealed. Pub. L. 109-59, title VII, Sec. 7111, Aug.
      10, 2005, 119 Stat. 1899]

-MISC1-
      Section, Pub. L. 103-272, Sec. 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.

-End-

-CITE-
    49 USC Sec. 5112                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5112. Highway routing of hazardous material

-STATUTE-
      (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;

        (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
        (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 769; Pub. L.
    109-59, title VII, Sec. 7126, Aug. 10, 2005, 119 Stat. 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5112(a)(1)     49 App.:1804(b)(7).     Jan. 3, 1975, Pub. L.        
                                            93-633, Sec. 105(b)(1)-(3), 
                                            (5)-(9), (c), 88 Stat. 2157;
                                            restated Nov. 16, 1990, Pub.
                                            L. 101-615, Sec. 4, 104     
                                            Stat. 3248, 3251.           
    5112(a)(2)     49 App.:1804(b)(1).                                  
    5112(b)(1)     49 App.:1804(b)(2),                                  
                    (3).                                                
    5112(b)(2)     49 App.:1804(b)(9).                                  
    5112(c)        49 App.:1804(c).                                     
    5112(d)        49 App.:1804(b)(5).                                  
    5112(e)        49 App.:1804(b)(6).                                  
    5112(f)        49 App.:1804(b)(8).                                  
    --------------------------------------------------------------------

      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, Sec. 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,
    particularly 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.

-End-

-CITE-
    49 USC Sec. 5113                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5113. Unsatisfactory safety rating

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 771; Pub. L.
    105-178, title IV, Sec. 4009(b), June 9, 1998, 112 Stat. 407; Pub.
    L. 109-59, title VII, Sec. 7112(a), Aug. 10, 2005, 119 Stat. 1899.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5113(a)        49 App.:1814(a).        Jan. 3, 1975, Pub. L.        
                                            93-633, 88 Stat. 2156, Sec. 
                                            117; added Nov. 3, 1990,    
                                            Pub. L. 101-500, Sec.       
                                            15(b)(1), 104 Stat. 1218.   
    5113(b)        49 App.:1814(b).                                     
    5113(c)        49 App.:1814(c).                                     
    5113(d)        49 App.:2501 (note).    Nov. 3, 1990, Pub. L.        
                                            101-500, Sec. 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.

-End-

-CITE-
    49 USC Sec. 5114                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5114. Air transportation of ionizing radiation material

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 772; Pub. L.
    109-59, title VII, Sec. 7126, Aug. 10, 2005, 119 Stat. 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5114(a)        49 App.:1807(a)         Jan. 3, 1975, Pub. L.        
                    (1st, 2d                93-633, Sec. 108, 88 Stat.  
                    sentences), (b)         2159; Nov. 16, 1990, Pub. L.
                    (1st sentence).         101-615, Sec. 10, 104 Stat. 
                                            3259.                       
    5114(b)        49 App.:1807(a)                                      
                    (last sentence).                                    
    5114(c)        49 App.:1807(b)                                      
                    (last sentence).                                    
    --------------------------------------------------------------------

      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".

-End-

-CITE-
    49 USC Sec. 5115                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5115. Training curriculum for the public sector

-STATUTE-
      (a) In General. - In coordination with the Director 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 With Legal Requirements. - A
    recommended basic 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 772; Pub. L.
    103-429, Sec. 6(5), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109-59,
    title VII, Secs. 7113, 7126, Aug. 10, 2005, 119 Stat. 1899, 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5115(a)        49 App.:1815(g)(1),     Jan. 3, 1975, Pub. L.        
                    (5).                    93-633, 88 Stat. 2156, Sec. 
                                            117A (g)(1)-(6), (8); added 
                                            Nov. 16, 1990, Pub. L.      
                                            101-615, Sec. 17, 104 Stat. 
                                            3265, 3267.                 
    5115(b)        49 App.:1815(g)(2),                                  
                    (3).                                                
    5115(c)        49 App.:1815(g)(4).                                  
    5115(d)(1)     49 App.:1815(g)(6).                                  
    5115(d)(2)     49 App.:1815(g)(8).                                  
    --------------------------------------------------------------------

      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, Sec. 7113(a), inserted
    heading and first sentence and struck out former heading 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, Sec. 7113(b)(1), substituted
    "maintained and updated" for "developed" in introductory
    provisions.
      Subsec. (b)(1)(C). Pub. L. 109-59, Sec. 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, Sec. 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, Sec. 7113(d)(1), substituted
    "National Response Team" for "national response team" in
    introductory provisions.
      Subsec. (d)(1). Pub. L. 109-59, Sec. 7113(d)(2), substituted
    "Secretary" for "Director of the Federal Emergency Management
    Agency".
      Subsec. (d)(2). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary" for "Secretary of Transportation".
      Pub. L. 109-59, Sec. 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".

                     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.

-End-

-CITE-
    49 USC Sec. 5116                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5116. Planning and training grants, monitoring, and review

-STATUTE-
      (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
        (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 authority 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 Director 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, Administrator, and Directors 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, 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
    Directors of the Federal Emergency Management Agency and 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, Directors of the
    Federal Emergency Management Agency and 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.
        (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 773; Pub. L.
    103-311, title I, Secs. 105, 119(a), (d)(2), (3), Aug. 26, 1994,
    108 Stat. 1673, 1679, 1680; Pub. L. 103-429, Sec. 7(c), Oct. 31,
    1994, 108 Stat. 4389; Pub. L. 104-287, Secs. 5(8), 6(b), Oct. 11,
    1996, 110 Stat. 3389, 3398; Pub. L. 109-59, title VII, Secs.
    7114(a)-(d)(2), (e), 7126, Aug. 10, 2005, 119 Stat. 1900, 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5116(a)        49 App.:1815(a).        Jan. 3, 1975, Pub. L.        
                                            93-633, 88 Stat. 2156, Sec. 
                                            117A(a)-(f), (g)(7), (9),   
                                            (h)(6); added Nov. 16, 1990,
                                            Pub. L. 101-615, Sec. 17,   
                                            104 Stat. 3263, 3266, 3267, 
                                            3268.                       
    5116(b)(1)     49 App.:1815(b)(1).                                  
    5116(b)(2)     49 App.:1815(b)                                      
                    (2)-(4).                                            
    5116(b)(3)     49 App.:1815(b)(5),                                  
                    (6).                                                
    5116(b)(4)     49 App.:1815(b)(7).                                  
    5116(c)        49 App.:1815(c).                                     
    5116(d)        49 App.:1815(e).                                     
    5116(e)        49 App.:1815(d).                                     
    5116(f)        49 App.:1815(g)(7).                                  
    5116(g)        49 App.:1815(f).                                     
    5116(h)        49 App.:1815(g)(9).                                  
    5116(i)        49 App.:1815(h)(6).                                  
    --------------------------------------------------------------------

      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, SEC. 5(8)                    
      This amends 49:5116(j)(4)(A) to correct an erroneous cross-
    reference.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Emergency Planning and Community Right-To-Know 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 (Sec. 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.

-MISC2-
                                AMENDMENTS                            
      2005 - Subsec. (a)(1), (2). Pub. L. 109-59, Sec. 7126,
    substituted "Secretary" for "Secretary of Transportation" in
    introductory provisions.
      Subsec. (a)(2)(A). Pub. L. 109-59, Sec. 7114(a), substituted "5
    fiscal years" for "2 fiscal years".
      Subsec. (b)(1). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary" for "Secretary of Transportation".
      Subsec. (b)(2). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary" for "Secretary of Transportation" in introductory
    provisions.
      Subsec. (b)(2)(A). Pub. L. 109-59, Sec. 7114(a), substituted "5
    fiscal years" for "2 fiscal years".
      Subsec. (b)(3)(C), (4). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary" for "Secretary of Transportation" in introductory
    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, Sec. 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, Sec. 7114(b), substituted "National
    Response Team" for "national response team".
      Subsec. (g). Pub. L. 109-59, Sec. 7126, substituted "Secretary"
    for "Secretary of Transportation" in introductory provisions.
      Pub. L. 109-59, Sec. 7114(c), substituted "Federal financial
    assistance" for "Government grant programs" in introductory
    provisions.
      Subsec. (i). Pub. L. 109-59, Sec. 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, Sec. 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, Sec. 6(b), made technical
    correction to directory language of Pub. L. 103-311, Sec.
    105(b)(2). See 1994 Amendment note below.
      Subsec. (j)(4)(A). Pub. L. 104-287, Sec. 5(8), substituted
    "section 5115 of this title" for "subsection (g)".
      1994 - Subsec. (a)(1). Pub. L. 103-311, Sec. 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, Sec. 105(b)(2), as amended by
    Pub. L. 104-287, Sec. 6(b), struck out "the State" after "only if"
    in introductory provisions.
      Pub. L. 103-311, Sec. 105(b)(1), inserted "or Indian tribe" after
    "grant to a State" in introductory provisions.
      Subsec. (a)(2)(A). Pub. L. 103-311, Sec. 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, Sec. 105(b)(4), inserted "the
    State" before "agrees".
      Subsec. (a)(3). Pub. L. 103-311, Sec. 105(c), added par. (3).
      Subsec. (i)(1). Pub. L. 103-311, Sec. 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, Sec. 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, Sec. 119(a), added subsecs.
    (j) and (k).

                     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.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see sections 313(1), 551(d), 552(d), and 557
    of Title 6, Domestic Security, and the Department of Homeland
    Security Reorganization Plan of November 25, 2002, as modified, set
    out as a note under section 542 of Title 6.

-End-

-CITE-
    49 USC Sec. 5117                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5117. Special permits and exclusions

-STATUTE-
      (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
        (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 776; Pub. L.
    103-311, title I, Sec. 120(a), Aug. 26, 1994, 108 Stat. 1680; Pub.
    L. 109-59, title VII, Secs. 7115(a)(1), (b)-(g), 7126, Aug. 10,
    2005, 119 Stat. 1901, 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5117(a)        49 App.:1806(a)         Jan. 3, 1975, Pub. L.        
                    (1st, 2d sentences).     93-633, Sec. 107, 88 Stat.  
                                            2158; Nov. 16, 1990, Pub. L.
                                            101-615, Sec. 9, 104 Stat.  
                                            3259.                       
    5117(b)        49 App.:1806(a)                                      
                    (3d-last sentences).                                 
    5117(c)(1)     49 App.:1806(b).                                     
    5117(c)(2)     49 App.:1806(c).                                     
    5117(d)        49 App.:1806(d).                                     
    --------------------------------------------------------------------

      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.

-REFTEXT-
                            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 Stat. 424,
    as amended, which is classified generally to chapter 25 (Sec. 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.

-MISC2-
                                AMENDMENTS                            
      2005 - Pub. L. 109-59, Sec. 7115(a)(1), substituted "Special
    permits and exclusions" for "Exemptions and exclusions" in section
    catchline.
      Subsec. (a). Pub. L. 109-59, Sec. 7115(b), substituted "Issue
    Special Permits" for "Exempt" in heading.
      Subsec. (a)(1). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary" for "Secretary of Transportation" in introductory
    provisions.
      Pub. L. 109-59, Sec. 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, Sec. 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, Sec. 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, Sec. 7115(f), substituted "the
    special permit" for "the exemption" in two places.
      Subsec. (e). Pub. L. 109-59, Sec. 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.

-End-

-CITE-
    49 USC Sec. 5118                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    [Sec. 5118. Repealed. Pub. L. 109-59, title VII, Sec. 7115(h), Aug.
      10, 2005, 119 Stat. 1901]

-MISC1-
      Section, Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 777;
    Pub. L. 108-426, Sec. 2(c)(2), Nov. 30, 2004, 118 Stat. 2424,
    related to employment of additional hazardous material safety
    inspectors.

-End-

-CITE-
    49 USC Sec. 5119                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5119. Uniform forms and procedures

-STATUTE-
      (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 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).

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 777; Pub. L.
    104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 109-59,
    title VII, Sec. 7116, Aug. 10, 2005, 119 Stat. 1901.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5119(a)        49 App.:1819(a).        Jan. 3, 1975, Pub. L.        
                                            93-633, 88 Stat. 2156, Sec. 
                                            121(a)-(g); added Nov. 16,  
                                            1990, Pub. L. 101-615, Sec. 
                                            22, 104 Stat. 3271; Oct. 24,
                                            1992, Pub. L. 102-508, Sec. 
                                            507, 106 Stat. 3312.        
    5119(b)        49 App.:1819(b),                                     
                    (c).                                                
    5119(c)(1)     49 App.:1819(d).                                     
    5119(c)(2)     49 App.:1819(e).                                     
    5119(c)(3)     49 App.:1819(f).                                     
    5119(d)        49 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.

-REFTEXT-
                            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.

-MISC2-
                                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".

-End-

-CITE-
    49 USC Sec. 5120                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5120. International uniformity of standards and requirements

-STATUTE-
      (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 Secretary 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 778; Pub. L.
    109-59, title VII, Secs. 7117, 7126, Aug. 10, 2005, 119 Stat. 1902,
    1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5120(a)        49 App.:1804(d)(1).     Jan. 3, 1975, Pub. L.        
                                            93-633, Sec. 105(d), 88     
                                            Stat. 2157; restated Nov.   
                                            16, 1990, Pub. L. 101-615   
                                            Sec. 4, 104 Stat. 3252.     
    5120(b)        49 App.:1804(d)(2)                                   
                    (1st sentence).                                     
    5120(c)        49 App.:1804(d)(2)                                   
                    (last sentence).                                    
    --------------------------------------------------------------------

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

-End-

-CITE-
    49 USC Sec. 5121                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5121. Administrative

-STATUTE-
      (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.

      (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, 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 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 exemptions;
        (3) a summary of the basis for each exemption;
        (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 779; Pub. L.
    103-311, title I, Secs. 108, 117(a)(2), Aug. 26, 1994, 108 Stat.
    1674, 1678; Pub. L. 109-59, title VII, Secs. 7118, 7126, Aug. 10,
    2005, 119 Stat. 1902, 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5121(a)        49 App.:1808(a)         Jan. 3, 1975, Pub. L.        
                    (1st sentence, last     93-633, Sec. 109(a) (1st    
                    sentence words          sentence, last sentence     
                    before semicolon).      words before semicolon),    
                                            (b), (c), 88 Stat. 2159.    
    5121(b)        49 App.:1808(b).                                     
    5121(c)        49 App.:1808(c).                                     
    5121(d)        49 App.:1808(d).        Jan. 3, 1975, Pub. L.        
                                            93-633, Sec. 109(d), 88     
                                            Stat. 2159; Oct. 30, 1984,  
                                            Pub. L. 98-559, Sec. 1(a),  
                                            98 Stat. 2907; Nov. 16,     
                                            1990, Pub. L. 101-615, Sec. 
                                            11, 104 Stat. 3259.         
    5121(e)        49 App.:1808(e).        Jan. 3, 1975, Pub. L.        
                                            93-633, Sec. 109(e), 88     
                                            Stat. 2159; Oct. 30, 1984,  
                                            Pub. L. 98-559, Sec. 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.

-REFTEXT-
                            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.

-MISC2-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary may investigate" for "Secretary of Transportation may
    investigate".
      Pub. L. 109-59, Sec. 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, Sec. 7118(b)(1), inserted "and
    property" after "records".
      Subsec. (b)(2). Pub. L. 109-59, Sec. 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, Sec. 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 - 
        "(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, Sec. 7118(d), added subsecs.
    (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (h),
    respectively.
      Subsec. (f). Pub. L. 109-59, Sec. 7118(d)(1), redesignated
    subsec. (d) as (f).
      Subsec. (g). Pub. L. 109-59, Sec. 7118(e), added subsec. (g).
      Subsec. (h). Pub. L. 109-59, Sec. 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, Sec. 7118(d)(1), redesignated subsec. (e) as (h).
      Subsec. (h)(4). Pub. L. 109-59, Sec. 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, Sec. 117(a)(2),
    substituted "a packaging or a" for "a package or".
      Subsec. (e). Pub. L. 103-311, Sec. 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."

-End-

-CITE-
    49 USC Sec. 5122                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5122. Enforcement

-STATUTE-
      (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 that such
    owner, operator, or individual in charge may be subject to such a
    civil penalty or fine, the Secretary of the Treasury, upon the
    request of the Secretary, shall with respect to such vessel refuse
    or revoke any clearance required by section 4197 of the Revised
    Statutes of the United States (46 App. U.S.C. 91).
      (2) Clearance refused or revoked under this subsection may be
    granted upon the filing of a bond or other surety satisfactory to
    the Secretary.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 780; Pub. L.
    104-324, title III, Sec. 312(a), Oct. 19, 1996, 110 Stat. 3920;
    Pub. L. 109-59, title VII, Secs. 7119, 7126, Aug. 10, 2005, 119
    Stat. 1905, 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5122(a)        49 App.:1808(a)         Jan. 3, 1975, Pub. L.        
                    (last sentence          93-633, Secs. 109(a) (last  
                    words after             sentence words after        
                    semicolon).             semicolon), 111(a), 88 Stat.
                                            2159, 2161.                 
                   49 App.:1810(a).                                     
    5122(b)        49 App.:1810(b).        Jan. 3, 1975, Pub. L.        
                                            93-633, Sec. 111(b), 88     
                                            Stat. 2161; Nov. 16, 1990,  
                                            Pub. L. 101-615, Sec. 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                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 7126, substituted
    "Secretary" for "Secretary of Transportation".
      Pub. L. 109-59, Sec. 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, Sec. 7119(b), substituted "or
    mitigate the hazard" for "or ameliorate the hazard".
      1996 - Subsec. (c). Pub. L. 104-324 added subsec. (c).

-End-

-CITE-
    49 USC Sec. 5123                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5123. Civil penalty

-STATUTE-
      (a) Penalty. - (1) A person that knowingly violates this chapter
    or a regulation, order, special 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 780; Pub. L.
    109-59, title VII, Secs. 7120(a)-(c), 7126, Aug. 10, 2005, 119
    Stat. 1905, 1906, 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5123(a)(1)     49 App.:1809(a)(1)      Jan. 3, 1975, Pub. L.        
                    (1st sentence less      93-633, Sec. 110(a)(1), 88  
                    3d-16th words, 2d       Stat. 2160; Nov. 16, 1990,  
                    sentence words          Pub. L. 101-615, Sec.       
                    before 4th comma,       12(a)(1), 104 Stat. 3259.   
                    3d sentence).                                       
                   49 App.:1809(a)(3).     Jan. 3, 1975, Pub. L.        
                                            93-633, 88 Stat. 2156, Sec. 
                                            110(a)(3); added Nov. 16,   
                                            1990, Pub. L. 101-615, Sec. 
                                            12(a)(2), 104 Stat. 3259.   
    5123(a)(2)     49 App.:1809(a)(1)                                   
                    (2d sentence words                                  
                    after 4th comma).                                   
    5123(b)        49 App.:1809(a)(1)                                   
                    (1st sentence                                       
                    3d-16th words, 4th                                  
                    sentence).                                          
    5123(c)        49 App.:1809(a)(1)                                   
                    (last sentence).                                    
    5123(d),       49 App.:1809(a)(2)      Jan. 3, 1975, Pub. L.        
     (e)            (1st sentence).         93-633, Sec. 110(a)(2), 88  
                                            Stat. 2160.                 
    5123(f)        49 App.:1809(a)(2)                                   
                    (2d sentence).                                      
    5123(g)        49 App.:1809(a)(2)                                   
                    (last sentence).                                    
    --------------------------------------------------------------------

      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, Sec. 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, Sec. 7120(a)(2), (3),
    added pars. (2) and (3) and redesignated former par. (2) as (4).
      Subsec. (b). Pub. L. 109-59, Sec. 7126, substituted "Secretary
    may" for "Secretary of Transportation may".
      Pub. L. 109-59, Sec. 7120(b), substituted "regulation prescribed
    or order, special permit, or approval issued" for "regulation
    prescribed".
      Subsec. (d). Pub. L. 109-59, Sec. 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, Sec. 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 or after the date of enactment of this Act [Aug. 10,
    2005]."

-End-

-CITE-
    49 USC Sec. 5124                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5124. Criminal penalty

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 781; Pub. L.
    109-59, title VII, Sec. 7121, Aug. 10, 2005, 119 Stat. 1906.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5124           49 App.:1809(b).        Jan. 3, 1975, Pub. L.        
                                            93-633, Sec. 110(b), 88     
                                            Stat. 2161; restated Nov.   
                                            16, 1990, Pub. L. 101-615,  
                                            Sec. 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."

-End-

-CITE-
    49 USC Sec. 5125                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5125. Preemption

-STATUTE-
      (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
      materials 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 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(e). 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(b). 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 Each Preemption Standard. - Each standard for
    preemption in subsection (b), (c)(1), or (d), and in section
    5119(b), 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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 781; Pub. L.
    103-311, title I, Secs. 107, 117(a)(2), 120(b), Aug. 26, 1994, 108
    Stat. 1674, 1678, 1681; Pub. L. 103-429, Sec. 6(6), Oct. 31, 1994,
    108 Stat. 4378; Pub. L. 107-296, title XVII, Sec. 1711(b), Nov. 25,
    2002, 116 Stat. 2320; Pub. L. 109-59, title VII, Secs. 7122,
    7123(a), 7126, Aug. 10, 2005, 119 Stat. 1907, 1909.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5125(a)        49 App.:1811(a).        Jan. 3, 1975, Pub. L.        
                                            93-633, Sec. 112(a)-(e), 88 
                                            Stat. 2161; Nov. 30, 1979,  
                                            Pub. L. 96-129, Sec. 216(a),
                                            93 Stat. 1015; restated Nov.
                                            16, 1990, Pub. L. 101-615,  
                                            Sec. 13, 104 Stat. 3259.    
    5125(b)        49 App.:1804(a)(4),     Jan. 3, 1975, Pub. L.        
                    (5).                    93-633, Sec. 105(a)(4), (5),
                                            (b)(4), 88 Stat. 2157;      
                                            restated Nov. 16, 1990, Pub.
                                            L. 101-615, Sec. 4, 104     
                                            Stat. 3247, 3250.           
    5125(c)        49 App.:1804(b)(4).                                  
    5125(d)        49 App.:1811(c).                                     
    5125(e)        49 App.:1811(d).                                     
    5125(f)        49 App.:1811(e).                                     
    5125(g)        49 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.
      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                            
      2005 - Subsec. (b)(1)(E). Pub. L. 109-59, Sec. 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, Sec. 7126, substituted "If the
    Secretary" for "If the Secretary of Transportation".
      Pub. L. 109-59, Sec. 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, Sec. 7122(b), inserted "or
    section 5119(e)" before period at end of first sentence.
      Subsec. (e). Pub. L. 109-59, Sec. 7122(c), inserted "or section
    5119(b)" before period at end of first sentence.
      Subsec. (f). Pub. L. 109-59, Sec. 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, Sec. 7123(a)(2), redesignated
    subsec. (h) as (g). Former subsec. (g) redesignated (f).
      Subsecs. (h), (i). Pub. L. 109-59, Sec. 7123(a)(2), redesignated
    subsecs. (h) and (i) as (g) and (h), respectively.
      Pub. L. 109-59, Sec. 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, Sec. 117(a)(2), substituted
    "a packaging or a" for "a package or".
      Subsec. (d). Pub. L. 103-311, Sec. 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, Sec. 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 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.

-End-

-CITE-
    49 USC Sec. 5126                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5126. Relationship to other laws

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 783; Pub. L.
    103-311, title I, Sec. 117(a)(2), Aug. 26, 1994, 108 Stat. 1678;
    Pub. L. 109-59, title VII, Sec. 7124, Aug. 10, 2005, 119 Stat.
    1908.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5126(a)        49 App.:1818.           Jan. 3, 1975, Pub. L.        
                                            93-633, 88 Stat. 2156, Sec. 
                                            120; added Nov. 16, 1990,   
                                            Pub. L. 101-615, Sec. 20,   
                                            104 Stat. 3270.             
    5126(b)        49 App.:1811(f).        Jan. 3, 1975, Pub. L.        
                                            93-633, Sec. 112(f), 88     
                                            Stat. 2161; Nov. 30, 1979,  
                                            Pub. L. 96-129, Sec. 216(a),
                                            93 Stat. 1015; restated Nov.
                                            16, 1990, Pub. L. 101-615,  
                                            Sec. 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                            
      2005 - Subsec. (a). Pub. L. 109-59 substituted "transports
    hazardous material, or causes hazardous material to be
    transported," for "transports or causes to be transported hazardous
    material,", "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", "shall comply with this chapter" for "must
    comply with this chapter", and "designing, manufacturing,
    fabricating, inspecting, marking, maintaining, reconditioning,
    repairing, or testing" for "manufacturing, fabricating, marking,
    maintenance, reconditioning, repairing, or testing".
      1994 - Subsec. (a). Pub. L. 103-311 substituted "a packaging or
    a" for "a package or".

-End-

-CITE-
    49 USC Sec. 5127                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5127. Judicial review

-STATUTE-
      (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.

-SOURCE-
    (Added Pub. L. 109-59, title VII, Sec. 7123(b), Aug. 10, 2005, 119
    Stat. 1907.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 5127 was renumbered section 5128 of this title.

-End-

-CITE-
    49 USC Sec. 5128                                            01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
    CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

-HEAD-
    Sec. 5128. Authorizations of appropriations

-STATUTE-
      (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.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 783, Sec.
    5127; Pub. L. 103-311, title I, Secs. 103, 119(b), (c)(4), Aug. 26,
    1994, 108 Stat. 1673, 1680; renumbered Sec. 5128 and amended Pub.
    L. 109-59, title VII, Secs. 7123(b), 7125, Aug. 10, 2005, 119 Stat.
    1907, 1908.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    5127(a)        49 App.:1812(a).        Jan. 3, 1975, Pub. L.        
                                            93-633, Sec. 115, 88 Stat.  
                                            2164; July 19, 1975, Pub. L.
                                            94-56, Sec. 4, 89 Stat. 264;
                                            Oct. 11, 1976, Pub. L.      
                                            94-474, Sec. 3, 90 Stat.    
                                            2068; Sept. 30, 1978, Pub.  
                                            L. 95-403, 92 Stat. 863;    
                                            Oct. 30, 1984, Pub. L.      
                                            98-559, Sec. 2, 98 Stat.    
                                            2907; restated Nov. 16,     
                                            1990, Pub. L. 101-615, Sec. 
                                            14, 104 Stat. 3260; Oct. 24,
                                            1992, Pub. L. 102-508, Sec. 
                                            504, 106 Stat. 3311.        
    5127(b)        49 App.:1816(d).        Jan. 3, 1975, Pub. L.        
                                            93-633, 88 Stat. 2156, Sec. 
                                            118(d); added Nov. 16, 1990,
                                            Pub. L. 101-615, Sec. 18,   
                                            104 Stat. 3269; Oct. 24,    
                                            1992, Pub. L. 102-508, Sec. 
                                            506, 106 Stat. 3312.        
    5127(c)        49 App.:1815(i)(3).     Jan. 3, 1975, Pub. L.        
                                            93-633, 88 Stat. 2156, Sec. 
                                            117A(i); added Nov. 16,     
                                            1990, Pub. L. 101-615, Sec. 
                                            17, 104 Stat. 3268.         
    5127(d)        49 App.:1815(i)(1),                                  
                    (2), (4).                                           
    5127(e)        49 App.:1819(h)         Jan. 3, 1975, Pub. L.        
                    (1st sentence).         93-633, 88 Stat. 2156, Sec. 
                                            121(h); added Nov. 16, 1990,
                                            Pub. L. 101-615, Sec. 22,   
                                            104 Stat. 3272.             
    5127(f)        49 App.:1812(b).                                     
    5127(g)        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                            
      2005 - Pub. L. 109-59, Sec. 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, Sec. 7123(b), renumbered section 5127 of this
    title as this section.
      1994 - Subsec. (a). Pub. L. 103-311, Sec. 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, Sec. 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, Sec. 119(b), designated existing provisions as
    par. (1) and added par. (2).

-End-