II 

Calendar No. 368 

112TH CONGRESS 

2D SESSION S. 1952 

[Report No. 112–162] 

To improve hazardous materials transportation safety and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2011 

Mr. LAUTENBERG (for himself and Mr. ROCKEFELLER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

APRIL 25, 2012 

Reported by Mr. ROCKEFELLER, without amendment 

A BILL 

To improve hazardous materials transportation safety and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hazardous Materials 

5 Transportation Safety Improvement Act of 2011’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definition. 

Sec. 4. References to title 49, United States Code. 

Sec. 5. Training for emergency responders. 

Sec. 6. Paperless Hazard Communications Pilot Program. 

Sec. 7. Improving data collection, analysis, and reporting. 

Sec. 8. Loading and unloading of hazardous materials. 

Sec. 9. Hazardous material technical assessment, research and development, 

and analysis program. 

Sec. 10. Hazardous Material Enforcement Training Program. 

Sec. 11. Inspections. 

Sec. 12. Civil penalties. 

Sec. 13. Reporting of fees. 

Sec. 14. Special permits, approvals, and exclusions. 

Sec. 15. Highway routing disclosures. 

Sec. 16. Authorization of appropriations. 

3 SEC. 3. DEFINITION. 

4 In this Act, the term ‘‘Secretary’’ means the Sec5 retary of Transportation. 

6 SEC. 4. REFERENCES TO TITLE 49, UNITED STATES CODE. 

7 Except as otherwise expressly provided, whenever in 

8 this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or repeal of, a section or other provi10 sion, the reference shall be considered to be made to a 

11 section or other provision of title 49, United States Code. 

12 SEC. 5. TRAINING FOR EMERGENCY RESPONDERS. 

13 (a) TRAINING CURRICULUM.—Section 5115 is 

14 amended— 

15 (1) in subsection (b)(1)(B), by striking ‘‘basic’’; 

16 (2) in subsection (b)(2), by striking ‘‘basic’’; 

17 and 


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1 (3) in subsection (c), by striking ‘‘basic’’. 

2 (b) OPERATIONS LEVEL TRAINING.—Section 5116 is 

3 amended— 

4 (1) in subsection (b)(1), by adding at the end 

5 the following: ‘‘To the extent that a grant is used to 

6 train emergency responders, the State or Indian 

7 tribe shall provide written certification to the Sec8 retary that the emergency responders who receive 

9 training under the grant will have the ability to pro10 tect nearby persons, property, and the environment 

11 from the effects of accidents or incidents involving 

12 the transportation of hazardous material in accord13 ance with existing regulations or National Fire Pro14 tection Association standards for competence of re15 sponders to hazardous materials.’’; 

16 (2) in subsection (j)— 

17 (A) by redesignating paragraph (5) as 

18 paragraph (7); and 

19 (B) by inserting after paragraph (4) the 

20 following: 

21 ‘‘(5) The Secretary may not award a grant to 

22 an organization under this subsection unless the or23 ganization ensures that emergency responders who 

24 receive training under the grant will have the ability 

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1 ment from the effects of accidents or incidents in2 volving the transportation of hazardous material in 

3 accordance with existing regulations or National 

4 Fire Protection Association standards for com5 petence of responders to hazardous materials. 

6 ‘‘(6) Notwithstanding paragraphs (1) and (3), 

7 to the extent determined appropriate by the Sec8 retary, a grant awarded by the Secretary to an orga9 nization under this subsection to conduct hazardous 

10 material response training programs may be used to 

11 train individuals with responsibility to respond to ac12 cidents and incidents involving hazardous material.’’; 

13 and 

14 (3) in subsection (k)— 

15 (A) by striking ‘‘annually’’ and inserting 

16 ‘‘an annual report’’; 

17 (B) by inserting ‘‘the report’’ after ‘‘make 

18 available’’; 

19 (C) by striking ‘‘information’’ and insert20 ing ‘‘. The report submitted under this sub21 section shall include information’’; and 

22 (D) by striking ‘‘The report shall identify’’ 

23 and all that follows and inserting the following: 

24 ‘‘The report submitted under this subsection 


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1 shall identify the ultimate recipients of such 

2 grants and include— 

3 ‘‘(A) a detailed accounting and description 

4 of each grant expenditure by each grant recipi5 ent, including the amount of, and purpose for, 

6 each expenditure; 

7 ‘‘(B) the number of persons trained under 

8 the grant program, by training level; 

9 ‘‘(C) an evaluation of the efficacy of such 

10 planning and training programs; and 

11 ‘‘(D) any recommendations the Secretary 

12 may have for improving such grant programs.’’. 

13 SEC. 6. PAPERLESS HAZARD COMMUNICATIONS PILOT 

14 PROGRAM. 

15 (a) IN GENERAL.—The Secretary may conduct pilot 

16 projects to evaluate the feasibility and effectiveness of 

17 using paperless hazard communications systems. At least 

18 1 of the pilot projects under this section shall take place 

19 in a rural area. 

20 (b) REQUIREMENTS.—In conducting pilot projects 

21 under this section, the Secretary— 

22 (1) may not waive the requirements under sec23 tion 5110 of title 49, United States Code; and 

24 (2) shall consult with organizations rep25 resenting— 


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1 (A) fire services personnel; 

2 (B) law enforcement and other appropriate 

3 enforcement personnel; 

4 (C) other emergency response providers; 

5 (D) persons who offer hazardous material 

6 for transportation; 

7 (E) persons who transport hazardous ma8 terial by air, highway, rail, and water; and 

9 (F) employees of persons who transport or 

10 offer for transportation hazardous material by 

11 air, highway, rail, and water. 

12 (c) REPORT.—Not later than 2 years after the date 

13 of the enactment of this Act, the Secretary shall— 

14 (1) prepare a report on the results of the pilot 

15 projects carried out under this section, including— 

16 (A) a detailed description of the pilot 

17 projects; 

18 (B) an evaluation of each pilot project, in19 cluding an evaluation of the performance of 

20 each paperless hazard communications system 

21 in such project; 

22 (C) an assessment of the safety and secu23 rity impact of using paperless hazard commu24 nications systems, including any impact on the 

25 public, emergency response, law enforcement, 


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1 and the conduct of inspections and investiga2 tions; and 

3 (D) a recommendation on whether 

4 paperless hazard communications systems 

5 should be permanently incorporated into the 

6 Federal hazardous material transportation safe7 ty program under chapter 51 of title 49, United 

8 States Code; and 

9 (2) submit a final report to the Committee on 

10 Commerce, Science, and Transportation of the Sen11 ate and the Committee on Transportation and Infra12 structure of the House of Representatives that con13 tains the results of the pilot projects carried out 

14 under this section, including the matters described 

15 in paragraph (1). 

16 (d) PAPERLESS HAZARD COMMUNICATIONS SYSTEM

17 DEFINED.—In this section, the term ‘‘paperless hazard 

18 communications system’’ means the use of advanced com19 munications methods, such as wireless communications 

20 devices, to convey hazard information between all parties 

21 in the transportation chain, including emergency respond22 ers and law enforcement personnel. The format of commu23 nication may be equivalent to that used by the carrier. 


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1 SEC. 7. IMPROVING DATA COLLECTION, ANALYSIS, AND RE2 PORTING. 

3 (a) ASSESSMENT.— 

4 (1) IN GENERAL.—Not later than 6 months 

5 after the date of the enactment of this Act, the Sec6 retary, in coordination with the Secretary of Home7 land Security, as appropriate, shall conduct an as8 sessment to improve the collection, analysis, report9 ing, and use of data related to accidents and inci10 dents involving the transportation of hazardous ma11 terial. 

12 (2) REVIEW.—The assessment conducted under 

13 this subsection shall review the methods used by the 

14 Pipeline and Hazardous Materials Safety Adminis15 tration (referred to in this section as the ‘‘Adminis16 tration’’) for collecting, analyzing, and reporting ac17 cidents and incidents involving the transportation of 

18 hazardous material, including the adequacy of— 

19 (A) information requested on the accident 

20 and incident reporting forms required to be 

21 submitted to the Administration; 

22 (B) methods used by the Administration to 

23 verify that the information provided on such 

24 forms is accurate and complete; 

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1 ments should be expanded to include shippers 

2 and consignees of hazardous materials; 

3 (D) resources of the Administration related 

4 to data collection, analysis, and reporting, in5 cluding staff and information technology; and 

6 (E) the database used by the Administra7 tion for recording and reporting such accidents 

8 and incidents, including the ability of users to 

9 adequately search the database and find infor10 mation. 

11 (b) DEVELOPMENT OF ACTION PLAN.—Not later 

12 than 9 months after the date of the enactment of this Act, 

13 the Secretary shall develop an action plan and timeline 

14 for improving the collection, analysis, reporting, and use 

15 of data by the Administration, including revising the data16 base of the Administration, as appropriate. 

17 (c) SUBMISSION TO CONGRESS.—Not later than 15 

18 days after the completion of the action plan and timeline 

19 under subsection (c), the Secretary shall submit the action 

20 plan and timeline to the Committee on Commerce, 

21 Science, and Transportation of the Senate and the Com22 mittee on Transportation and Infrastructure of the House 

23 of Representatives. 

24 (d) REPORTING REQUIREMENTS.—Section 

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1 ardous materials transportation incident reporting to the 

2 9–1–1 emergency system or involving State or local emer3 gency responders in the initial response to the incident’’ 

4 before the period at the end. 

5 SEC. 8. LOADING AND UNLOADING OF HAZARDOUS MATE6 RIALS. 

7 (a) RULEMAKING.—Not later than 2 years after date 

8 of the enactment of this Act, the Secretary, after consulta9 tion with the Department of Labor and the Environmental 

10 Protection Agency, as appropriate, and after providing no11 tice and an opportunity for public comment shall prescribe 

12 regulations establishing uniform procedures among facili13 ties for the safe loading and unloading of hazardous mate14 rials on and off tank cars and cargo tank trucks. 

15 (b) INCLUSION.—The regulations prescribed under 

16 subsection (a) may include procedures for equipment in17 spection, personnel protection, and necessary safeguards. 

18 (c) CONSIDERATION.—In prescribing regulations 

19 under subsection (a), the Secretary shall give due consid20 eration to carrier rules and procedures that produce an 

21 equivalent level of safety. 


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1 SEC. 9. HAZARDOUS MATERIAL TECHNICAL ASSESSMENT, 

2 RESEARCH AND DEVELOPMENT, AND ANAL3 YSIS PROGRAM. 

4 (a) IN GENERAL.—Chapter 51 is amended by insert5 ing after section 5117 the following: 

6 ‘‘§ 5118. Hazardous material technical assessment, re7 search and development, and analysis 

8 program 

9 ‘‘(a) RISK REDUCTION.— 

10 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary of 

11 Transportation may develop and implement a haz12 ardous material technical assessment, research and 

13 development, and analysis program for the purpose 

14 of— 

15 ‘‘(A) reducing the risks associated with the 

16 transportation of hazardous material; and 

17 ‘‘(B) identifying and evaluating new tech18 nologies to facilitate the safe, secure, and effi19 cient transportation of hazardous material. 

20 ‘‘(2) COORDINATION.—In developing the pro21 gram under paragraph (1), the Secretary shall— 

22 ‘‘(A) utilize information gathered from 

23 other modal administrations with similar pro24 grams; and 

25 ‘‘(B) coordinate with other modal adminis26 trations, as appropriate. 


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1 ‘‘(b) COOPERATION.—In carrying out subsection (a), 

2 the Secretary may work cooperatively with regulated and 

3 other entities, including shippers, carriers, emergency re4 sponders, State and local officials, and academic institu5 tions.’’. 

6 (b) CONFORMING AMENDMENT.—The chapter anal7 ysis for chapter 51 is amended by inserting after the item 

8 relating to section 5117 the following: 

‘‘5118. Hazardous material technical assessment, research and development, and 

analysis program.’’. 

9 SEC. 10. HAZARDOUS MATERIAL ENFORCEMENT TRAINING 

10 PROGRAM. 

11 (a) IN GENERAL.—The Secretary shall establish a 

12 multimodal hazardous material enforcement training pro13 gram for government hazardous materials inspectors and 

14 investigators— 

15 (1) to develop uniform performance standards 

16 for training hazardous material inspectors and inves17 tigators; and 

18 (2) to train hazardous material inspectors and 

19 investigators on— 

20 (A) how to collect, analyze, and publish 

21 findings from inspections and investigations of 

22 accidents or incidents involving the transpor23 tation of hazardous material; and 


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1 (B) how to identify noncompliance with 

2 regulations issued under chapter 51 of title 49, 

3 United States Code, and take appropriate en4 forcement action. 

5 (b) STANDARDS AND GUIDELINES.—Under the pro6 gram established under this section, the Secretary may de7 velop— 

8 (1) guidelines for hazardous material inspector 

9 and investigator qualifications; 

10 (2) best practices and standards for hazardous 

11 material inspector and investigator training pro12 grams; and 

13 (3) standard protocols to coordinate investiga14 tion efforts among Federal, State, and local jurisdic15 tions on accidents or incidents involving the trans16 portation of hazardous material. 

17 (c) AVAILABILITY.—The standards, protocols, and 

18 findings of the program established under this section— 

19 (1) shall be mandatory for— 

20 (A) the Department of Transportation’s 

21 multimodal personnel conducting hazardous 

22 material enforcement inspections or investiga23 tions; and 


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1 (B) State employees who conduct federally 

2 funded compliance reviews, inspections, or in3 vestigations; and 

4 (2) shall be made available to Federal, State, 

5 and local hazardous materials safety enforcement 

6 personnel. 

7 SEC. 11. INSPECTIONS. 

8 (a) NOTICE OF ENFORCEMENT MEASURES.—Section 

9 5121(c)(1) is amended— 

10 (1) in subparagraph (E), by striking ‘‘and’’ at 

11 the end; 

12 (2) in subparagraph (F), by striking the period 

13 at the end and inserting ‘‘; and’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(G) shall provide to the affected offeror, 

16 carrier, packaging manufacturer or tester, or 

17 other person responsible for the package rea18 sonable notice of— 

19 ‘‘(i) his or her decision to exercise his 

20 or her authority under paragraph (1); 

21 ‘‘(ii) any findings made; and 

22 ‘‘(iii) any actions being taken as a re23 sult of a finding of noncompliance.’’. 

24 (b) REGULATIONS.—Section 5121(e) is amended by 

25 adding at the end the following: 


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1 ‘‘(3) MATTERS TO BE ADDRESSED.—The regu2 lations issued under this subsection shall address— 

3 ‘‘(A) the safe and expeditious resumption 

4 of transportation of perishable hazardous mate5 rial, including radiopharmaceuticals and other 

6 medical products, that may require timely deliv7 ery due to life-threatening situations; 

8 ‘‘(B) the means by which— 

9 ‘‘(i) noncompliant packages that 

10 present an imminent hazard are placed 

11 out-of-service until the condition is cor12 rected; and 

13 ‘‘(ii) noncompliant packages that do 

14 not present a hazard are moved to their 

15 final destination; 

16 ‘‘(C) appropriate training and equipment 

17 for inspectors; and 

18 ‘‘(D) the proper closure of packaging in 

19 accordance with the hazardous material regula20 tions.’’. 

21 (c) GRANTS AND COOPERATIVE AGREEMENTS.—Sec22 tion 5121(g)(1) is amended by inserting ‘‘safety and’’ be23 fore ‘‘security’’. 

24 SEC. 12. CIVIL PENALTIES. 

25 Section 5123 is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1), by striking 

3 ‘‘$50,000’’ and inserting ‘‘$75,000’’; and 

4 (B) in paragraph (2), by striking 

5 ‘‘$100,000’’ and inserting ‘‘$175,000’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(h) PENALTY FOR OBSTRUCTION OF INSPECTIONS

8 AND INVESTIGATIONS.—The Secretary may impose a pen9 alty on a person who obstructs or prevents the Secretary 

10 from carrying out inspections or investigations under sub11 section (c) or (i) of section 5121. 

12 ‘‘(i) PROHIBITION ON HAZARDOUS MATERIAL OPER13 ATIONS AFTER NONPAYMENT OF PENALTIES.— 

14 ‘‘(1) IN GENERAL.—Except as provided under 

15 paragraph (2), a person subject to the jurisdiction of 

16 the Secretary under this chapter who fails to pay a 

17 civil penalty assessed under this chapter, or fails to 

18 arrange and abide by an acceptable payment plan 

19 for such civil penalty, may not conduct any activity 

20 regulated under this chapter beginning on the 91st 

21 day after the date specified by order of the Secretary 

22 for payment of such penalty unless the person has 

23 filed a formal administrative or judicial appeal of the 

24 penalty. 


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1 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

2 apply to any person who is unable to pay a civil pen3 alty because such person is a debtor in a case under 

4 chapter 11 of title 11. 

5 ‘‘(3) RULEMAKING.—Not later than 2 years 

6 after the date of the enactment of this subsection, 

7 the Secretary, after providing notice and an oppor8 tunity for public comment, shall issue regulations 

9 that— 

10 ‘‘(A) set forth procedures to require a per11 son who is delinquent in paying civil penalties 

12 to cease any activity regulated under this chap13 ter until payment has been made or an accept14 able payment plan has been arranged; and 

15 ‘‘(B) ensures that the person described in 

16 subparagraph (A)— 

17 ‘‘(i) is notified in writing; and 

18 ‘‘(ii) is given an opportunity to re19 spond before the person is required to 

20 cease the activity.’’. 

21 SEC. 13. REPORTING OF FEES. 

22 Section 5125(f)(2) is amended by striking ‘‘, upon 

23 the Secretary’s request,’’ and inserting ‘‘biennially’’. 


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1 SEC. 14. SPECIAL PERMITS, APPROVALS, AND EXCLUSIONS. 

2 (a) IN GENERAL.—Section 5117 is amended to read 

3 as follows: 

4 ‘‘§ 5117. Special permits, approvals, and exclusions 

5 ‘‘(a) AUTHORITY TO ISSUE SPECIAL PERMITS.— 

6 ‘‘(1) CONDITIONS.—The Secretary of Transpor7 tation may issue, modify, or terminate a special per8 mit implementing new technologies or authorizing a 

9 variance from a provision under this chapter or a 

10 regulation prescribed under section 5103(b), 5104, 

11 5110, or 5112 to a person performing a function 

12 regulated by the Secretary under section 5103(b)(1) 

13 to achieve— 

14 ‘‘(A) a safety level at least equal to the 

15 safety level required under this chapter; or 

16 ‘‘(B) a safety level consistent with the pub17 lic interest and this chapter, if a required safety 

18 level does not exist. 

19 ‘‘(2) FINDINGS REQUIRED.— 

20 ‘‘(A) IN GENERAL.—Before issuing, renew21 ing, or modifying a special permit or granting 

22 party status to a special permit, the Secretary 

23 shall determine that the person is fit to conduct 

24 the activity authorized by such permit in a 

25 manner that achieves the level of safety re26 quired under paragraph (1). 


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1 ‘‘(B) CONSIDERATIONS.—In making the 

2 determination under subparagraph (A), the 

3 Secretary shall consider— 

4 ‘‘(i) the person’s safety history (in5 cluding prior compliance history); 

6 ‘‘(ii) the person’s accident and inci7 dent history; and 

8 ‘‘(iii) any other information the Sec9 retary considers appropriate to make such 

10 a determination. 

11 ‘‘(3) EFFECTIVE PERIOD.—A special permit 

12 issued under this section— 

13 ‘‘(A) shall be for an initial period of not 

14 more than 2 years; 

15 ‘‘(B) may be renewed by the Secretary 

16 upon application— 

17 ‘‘(i) for successive periods of not more 

18 than 4 years each; or 

19 ‘‘(ii) in the case of a special permit re20 lating to section 5112, for an additional 

21 period of not more than 2 years. 

22 ‘‘(b) APPLICATIONS.— 

23 ‘‘(1) REQUIRED DOCUMENTATION.—When ap24 plying for a special permit or the renewal or modi25 fication of a special permit or requesting party staVerDate Mar 15 2010 01:58 Apr 26, 2012 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1952.RS S1952

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1 tus to a special permit under this section, the Sec2 retary shall require the person to submit an applica3 tion that contains— 

4 ‘‘(A) a detailed description of the person’s 

5 request; 

6 ‘‘(B) a listing of the person’s current facili7 ties and addresses where the special permit will 

8 be utilized; 

9 ‘‘(C) a safety analysis prescribed by the 

10 Secretary that justifies the special permit; 

11 ‘‘(D) documentation to support the safety 

12 analysis; 

13 ‘‘(E) a certification of safety fitness; and 

14 ‘‘(F) proof of registration, as required 

15 under section 5108. 

16 ‘‘(2) PUBLIC NOTICE.—The Secretary shall— 

17 ‘‘(A) publish notice in the Federal Register 

18 that an application for a special permit has 

19 been filed; and 

20 ‘‘(B) provide the public an opportunity to 

21 inspect and comment on the application. 

22 ‘‘(3) SAVINGS CLAUSE.—This subsection does 

23 not require the release of information protected by 

24 law from public disclosure. 


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1 ‘‘(c) COORDINATE AND COMMUNICATE WITH MODAL

2 CONTACT OFFICIALS.— 

3 ‘‘(1) IN GENERAL.—In evaluating applications 

4 under subsection (b), and making the findings and 

5 determinations under subsections (a), (e), and (h), 

6 the Administrator of the Pipeline and Hazardous 

7 Materials Safety Administration shall consult, co8 ordinate, or notify the modal contact official respon9 sible for the specified mode of transportation that 

10 will be utilized under a special permit or approval 

11 before— 

12 ‘‘(A) issuing, modifying, or renewing the 

13 special permit; 

14 ‘‘(B) granting party status to the special 

15 permit; or 

16 ‘‘(C) issuing or renewing the special permit 

17 or approval. 

18 ‘‘(2) MODAL CONTACT OFFICIAL DEFINED.—In 

19 this section, the term ‘modal contact official’ 

20 means— 

21 ‘‘(A) the Administrator of the Federal 

22 Aviation Administration; 

23 ‘‘(B) the Administrator of the Federal 

24 Motor Carrier Safety; 


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1 ‘‘(C) the Administrator of the Federal 

2 Railroad Administration; and 

3 ‘‘(D) the Commandant of the Coast Guard. 

4 ‘‘(d) APPLICATIONS TO BE DEALT WITH PROMPT5 LY.—The Secretary shall— 

6 ‘‘(1) issue, modify, renew, or grant party status 

7 to a special permit or approval for which a request 

8 was filed under this section, or deny the issuance, 

9 modification, renewal, or grant, on or before the last 

10 day of the 180-day period beginning on the first day 

11 of the month following the date of the filing of the 

12 request; or 

13 ‘‘(2) publish a statement in the Federal Reg14 ister that— 

15 ‘‘(A) describes the reason for the delay of 

16 the Secretary’s decision on the special permit or 

17 approval; and 

18 ‘‘(B) includes an estimate of the additional 

19 time necessary before the decision is made. 

20 ‘‘(e) EMERGENCY PROCESSING OF SPECIAL PER21 MITS.— 

22 ‘‘(1) FINDINGS REQUIRED.—The Secretary may 

23 not grant a request for emergency processing of a 

24 special permit unless the Secretary determines 

25 that— 


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1 ‘‘(A) a special permit is necessary for na2 tional security purposes; 

3 ‘‘(B) processing on a routine basis under 

4 this section would result in significant injury to 

5 persons or property; or 

6 ‘‘(C) a special permit is necessary to pre7 vent significant economic loss or damage to the 

8 environment that could not be prevented if the 

9 application were processed on a routine basis. 

10 ‘‘(2) WAIVER OF FITNESS TEST.—The Sec11 retary may waive the requirement under subsection 

12 (a)(2) for a request for which the Secretary makes 

13 a determination under subparagraph (A) or (B) of 

14 paragraph (1). 

15 ‘‘(3) NOTIFICATION.—Not later than 90 days 

16 after the date of issuance of a special permit under 

17 this subsection, the Secretary shall publish a notice 

18 in the Federal Register of the issuance that in19 cludes— 

20 ‘‘(A) a statement of the basis for the find21 ing of emergency; and 

22 ‘‘(B) the scope and duration of the special 

23 permit. 


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1 ‘‘(4) EFFECTIVE PERIOD.—A special permit 

2 issued under this subsection shall be effective for a 

3 period not to exceed 180 days. 

4 ‘‘(f) EXCLUSIONS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall ex6 clude, in any part, from this chapter and regulations 

7 prescribed under this chapter— 

8 ‘‘(A) a public vessel (as defined in section 

9 2101 of title 46); 

10 ‘‘(B) a vessel exempted under section 3702 

11 of title 46 or from chapter 37 of title 46; and 

12 ‘‘(C) a vessel to the extent it is regulated 

13 under the Ports and Waterways Safety Act of 

14 1972 (33 U.S.C. 1221, et seq.). 

15 ‘‘(2) FIREARMS.—This chapter and regulations 

16 prescribed under this chapter do not prohibit— 

17 ‘‘(A) or regulate transportation of a fire18 arm (as defined in section 232 of title 18), or 

19 ammunition for a firearm, by an individual for 

20 personal use; or 

21 ‘‘(B) transportation of a firearm or ammu22 nition in commerce. 

23 ‘‘(g) LIMITATION ON AUTHORITY.—Unless the Sec24 retary decides that an emergency exists, a person subject 

25 to this chapter may only be granted a variance from this 


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1 chapter through a special permit or renewal granted under 

2 this section. 

3 ‘‘(h) APPROVALS.— 

4 ‘‘(1) FINDINGS REQUIRED.— 

5 ‘‘(A) IN GENERAL.—The Secretary may 

6 not issue an approval or grant the renewal of 

7 an approval pursuant to part 107 of title 49, 

8 Code of Federal Regulations until the Secretary 

9 has determined that the person is fit, willing, 

10 and able to conduct the activity authorized by 

11 the approval in a manner that achieves the level 

12 of safety required under subsection (a)(1). 

13 ‘‘(B) CONSIDERATIONS.—In making a de14 termination under subparagraph (A), the Sec15 retary shall consider— 

16 ‘‘(i) the person’s safety history (in17 cluding prior compliance history); 

18 ‘‘(ii) the person’s accident and inci19 dent history; and 

20 ‘‘(iii) any other information the Sec21 retary considers appropriate to make such 

22 a determination. 

23 ‘‘(2) REQUIRED DOCUMENTATION.—When ap24 plying for an approval or renewal or modification of 

25 an approval under this section, the Secretary shall 


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1 require the person to submit an application that con2 tains— 

3 ‘‘(A) a detailed description of the person’s 

4 request; 

5 ‘‘(B) a listing of the persons current facili6 ties and addresses where the approval will be 

7 utilized; 

8 ‘‘(C) a safety analysis prescribed by the 

9 Secretary that justifies the approval; 

10 ‘‘(D) documentation to support the safety 

11 analysis; 

12 ‘‘(E) a certification of safety fitness; and 

13 ‘‘(F) the verification of registration re14 quired under section 5108. 

15 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub16 section may be construed to require the release of 

17 information protected by law from public disclosure. 

18 ‘‘(i) NONCOMPLIANCE.—The Secretary may modify, 

19 suspend, or terminate a special permit or approval if the 

20 Secretary determines that— 

21 ‘‘(1) the person who was granted the special 

22 permit or approval has violated the special permit or 

23 approval or the regulations issued under this chapter 

24 in a manner that demonstrates that the person is 


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1 not fit to conduct the activity authorized by the spe2 cial permit or approval; or 

3 ‘‘(2) the special permit or approval is unsafe. 

4 ‘‘(j) RULEMAKING.—Not later than 2 years after the 

5 date of the enactment of this Act, the Secretary, after pro6 viding notice and an opportunity for public comment, shall 

7 issue regulations that establish— 

8 ‘‘(1) standard operating procedures to support 

9 administration of the special permit and approval 

10 programs; and 

11 ‘‘(2) objective criteria to support the evaluation 

12 of special permit and approval applications. 

13 ‘‘(k) ANNUAL REVIEW OF CERTAIN SPECIAL PER14 MITS.— 

15 ‘‘(1) REVIEW.—The Secretary shall conduct an 

16 annual review and analysis of special permits— 

17 ‘‘(A) to identify consistently used and long18 standing special permits with an established 

19 safety record; and 

20 ‘‘(B) to determine whether such permits 

21 may be converted into the hazardous materials 

22 regulations. 

23 ‘‘(2) FACTORS.—In conducting the review and 

24 analysis under paragraph (1), the Secretary may 

25 consider— 


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1 ‘‘(A) the safety record for hazardous mate2 rials transported under the special permit; 

3 ‘‘(B) the application of a special permit; 

4 ‘‘(C) the suitability of provisions in the 

5 special permit for incorporation into the haz6 ardous materials regulations; and 

7 ‘‘(D) rulemaking activity in related areas. 

8 ‘‘(3) RULEMAKING.—After completing the re9 view and analysis under paragraph (1) and providing 

10 notice and opportunity for public comment, the Sec11 retary shall issue regulations, as needed.’’. 

12 (b) CONFORMING AMENDMENT.—The analysis for 

13 chapter 51 is amended by striking the item relating to 

14 section 5117 and inserting the following: 

‘‘5117. Special permits, approvals, and exclusions.’’. 

15 SEC. 15. HIGHWAY ROUTING DISCLOSURES. 

16 (a) LIST OF ROUTE DESIGNATIONS.—Section 

17 5112(c) is amended— 

18 (1) by striking ‘‘In coordination’’ and inserting 

19 the following: 

20 ‘‘(1) IN GENERAL.—In coordination’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(2) STATE RESPONSIBILITIES.— 

23 ‘‘(A) IN GENERAL.—Each State shall sub24 mit to the Secretary, in a form and manner to 


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1 be determined by the Secretary and in accord2 ance with subparagraph (B)— 

3 ‘‘(i) the name of the State agency re4 sponsible for hazardous material highway 

5 route designations; and 

6 ‘‘(ii) a list of the State’s currently ef7 fective hazardous material highway route 

8 designations. 

9 ‘‘(B) FREQUENCY.—Each State shall sub10 mit the information described in subparagraph 

11 (A)(ii)— 

12 ‘‘(i) at least once every 2 years; and 

13 ‘‘(ii) not later than 60 days after a 

14 hazardous material highway route designa15 tion is established, amended, or discon16 tinued.’’. 

17 (b) COMPLIANCE WITH SECTION 5112.—Section 

18 5125(c)(1) is amended by inserting ‘‘, and is published 

19 in the Department’s hazardous materials route registry 

20 under section 5112(c)’’ before the period at the end. 

21 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

22 Section 5128 is amended to read as follows: 

23 ‘‘§ 5128. Authorization of appropriations 

24 ‘‘(a) IN GENERAL.—There are authorized to be ap25 propriated to the Secretary to carry out this chapter (exVerDate Mar 15 2010 01:58 Apr 26, 2012 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1952.RS S1952

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1 cept sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 

2 5119)— 

3 ‘‘(1) $42,338,000 for fiscal year 2012; and 

4 ‘‘(2) $42,762,000 for fiscal year 2013. 

5 ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE6 PAREDNESS FUND.—From the Hazardous Materials 

7 Emergency Preparedness Fund established under section 

8 5116(i), the Secretary may expend, during each of fiscal 

9 years 2012 and 2013— 

10 ‘‘(1) $188,000 to carry out section 5115; 

11 ‘‘(2) $21,800,000 to carry out subsections (a) 

12 and (b) of section 5116, of which not less than 

13 $13,650,000 shall be available to carry out section 

14 5116(b); 

15 ‘‘(3) $150,000 to carry out section 5116(f); 

16 ‘‘(4) $625,000 to publish and distribute the 

17 Emergency Response Guidebook under section 

18 5116(i)(3); and 

19 ‘‘(5) $1,000,000 to carry out section 5116(j). 

20 ‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 

21 From the Hazardous Materials Emergency Preparedness 

22 Fund established pursuant to section 5116(i), the Sec23 retary may expend $4,000,000 for each of the fiscal years 

24 2012 and 2013 to carry out section 5107(e). 

25 ‘‘(d) CREDITS TO APPROPRIATIONS.— 


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1 ‘‘(1) EXPENSES.—In addition to amounts oth2 erwise made available to carry out this chapter, the 

3 Secretary may credit amounts received from a State, 

4 Indian tribe, or other public authority or private en5 tity for expenses the Secretary incurs in providing 

6 training to the State, authority, or entity. 

7 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

8 made available under this section shall remain avail9 able until expended.’’. 


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Calendar No. 368 

112TH CONGRESS 

2D SESSION S. 1952 

[Report No. 112–162] 

A BILL 

To improve hazardous materials transportation 

safety and for other purposes. 

APRIL 25, 2012 

Reported without amendment 


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