II 

112TH CONGRESS 

1ST SESSION S. 1952 

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 

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’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 


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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. 

1 SEC. 3. DEFINITION. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Transportation. 

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

5 Except as otherwise expressly provided, whenever in 

6 this Act an amendment or repeal is expressed in terms 

7 of an amendment to, or repeal of, a section or other provi8 sion, the reference shall be considered to be made to a 

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

10 SEC. 5. TRAINING FOR EMERGENCY RESPONDERS. 

11 (a) TRAINING CURRICULUM.—Section 5115 is 

12 amended— 

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

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

15 and 

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

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

18 amended— 

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

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


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1 train emergency responders, the State or Indian 

2 tribe shall provide written certification to the Sec3 retary that the emergency responders who receive 

4 training under the grant will have the ability to pro5 tect nearby persons, property, and the environment 

6 from the effects of accidents or incidents involving 

7 the transportation of hazardous material in accord8 ance with existing regulations or National Fire Pro9 tection Association standards for competence of re10 sponders to hazardous materials.’’; 

11 (2) in subsection (j)— 

12 (A) by redesignating paragraph (5) as 

13 paragraph (7); and 

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

15 following: 

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

17 an organization under this subsection unless the or18 ganization ensures that emergency responders who 

19 receive training under the grant will have the ability 

20 to protect nearby persons, property, and the environ21 ment from the effects of accidents or incidents in22 volving the transportation of hazardous material in 

23 accordance with existing regulations or National 

24 Fire Protection Association standards for com25 petence of responders to hazardous materials. 


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

2 to the extent determined appropriate by the Sec3 retary, a grant awarded by the Secretary to an orga4 nization under this subsection to conduct hazardous 

5 material response training programs may be used to 

6 train individuals with responsibility to respond to ac7 cidents and incidents involving hazardous material.’’; 

8 and 

9 (3) in subsection (k)— 

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

11 ‘‘an annual report’’; 

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

13 available’’; 

14 (C) by striking ‘‘information’’ and insert15 ing ‘‘. The report submitted under this sub16 section shall include information’’; and 

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

18 and all that follows and inserting the following: 

19 ‘‘The report submitted under this subsection 

20 shall identify the ultimate recipients of such 

21 grants and include— 

22 ‘‘(A) a detailed accounting and description 

23 of each grant expenditure by each grant recipi24 ent, including the amount of, and purpose for, 

25 each expenditure; 


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

2 the grant program, by training level; 

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

4 planning and training programs; and 

5 ‘‘(D) any recommendations the Secretary 

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

7 SEC. 6. PAPERLESS HAZARD COMMUNICATIONS PILOT 

8 PROGRAM. 

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

10 projects to evaluate the feasibility and effectiveness of 

11 using paperless hazard communications systems. At least 

12 1 of the pilot projects under this section shall take place 

13 in a rural area. 

14 (b) REQUIREMENTS.—In conducting pilot projects 

15 under this section, the Secretary— 

16 (1) may not waive the requirements under sec17 tion 5110 of title 49, United States Code; and 

18 (2) shall consult with organizations rep19 resenting— 

20 (A) fire services personnel; 

21 (B) law enforcement and other appropriate 

22 enforcement personnel; 

23 (C) other emergency response providers; 

24 (D) persons who offer hazardous material 

25 for transportation; 


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1 (E) persons who transport hazardous ma2 terial by air, highway, rail, and water; and 

3 (F) employees of persons who transport or 

4 offer for transportation hazardous material by 

5 air, highway, rail, and water. 

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

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

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

9 projects carried out under this section, including— 

10 (A) a detailed description of the pilot 

11 projects; 

12 (B) an evaluation of each pilot project, in13 cluding an evaluation of the performance of 

14 each paperless hazard communications system 

15 in such project; 

16 (C) an assessment of the safety and secu17 rity impact of using paperless hazard commu18 nications systems, including any impact on the 

19 public, emergency response, law enforcement, 

20 and the conduct of inspections and investiga21 tions; and 

22 (D) a recommendation on whether 

23 paperless hazard communications systems 

24 should be permanently incorporated into the 

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1 ty program under chapter 51 of title 49, United 

2 States Code; and 

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

4 Commerce, Science, and Transportation of the Sen5 ate and the Committee on Transportation and Infra6 structure of the House of Representatives that con7 tains the results of the pilot projects carried out 

8 under this section, including the matters described 

9 in paragraph (1). 

10 (d) PAPERLESS HAZARD COMMUNICATIONS SYSTEM

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

12 communications system’’ means the use of advanced com13 munications methods, such as wireless communications 

14 devices, to convey hazard information between all parties 

15 in the transportation chain, including emergency respond16 ers and law enforcement personnel. The format of commu17 nication may be equivalent to that used by the carrier. 

18 SEC. 7. IMPROVING DATA COLLECTION, ANALYSIS, AND RE19 PORTING. 

20 (a) ASSESSMENT.— 

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

22 after the date of the enactment of this Act, the Sec23 retary, in coordination with the Secretary of Home24 land Security, as appropriate, shall conduct an as25 sessment to improve the collection, analysis, reportVerDate Mar 15 2010 03:20 Dec 08, 2011 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1952.IS S1952

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1 ing, and use of data related to accidents and inci2 dents involving the transportation of hazardous ma3 terial. 

4 (2) REVIEW.—The assessment conducted under 

5 this subsection shall review the methods used by the 

6 Pipeline and Hazardous Materials Safety Adminis7 tration (referred to in this section as the ‘‘Adminis8 tration’’) for collecting, analyzing, and reporting ac9 cidents and incidents involving the transportation of 

10 hazardous material, including the adequacy of— 

11 (A) information requested on the accident 

12 and incident reporting forms required to be 

13 submitted to the Administration; 

14 (B) methods used by the Administration to 

15 verify that the information provided on such 

16 forms is accurate and complete; 

17 (C) accident and incident reporting re18 quirements, including whether such require19 ments should be expanded to include shippers 

20 and consignees of hazardous materials; 

21 (D) resources of the Administration related 

22 to data collection, analysis, and reporting, in23 cluding staff and information technology; and 

24 (E) the database used by the Administra25 tion for recording and reporting such accidents 


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1 and incidents, including the ability of users to 

2 adequately search the database and find infor3 mation. 

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

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

6 the Secretary shall develop an action plan and timeline 

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

8 of data by the Administration, including revising the data9 base of the Administration, as appropriate. 

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

11 days after the completion of the action plan and timeline 

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

13 plan and timeline to the Committee on Commerce, 

14 Science, and Transportation of the Senate and the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives. 

17 (d) REPORTING REQUIREMENTS.—Section 

18 5125(b)(1)(D) is amended by inserting ‘‘and other haz19 ardous materials transportation incident reporting to the 

20 9–1–1 emergency system or involving State or local emer21 gency responders in the initial response to the incident’’ 

22 before the period at the end. 


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1 SEC. 8. LOADING AND UNLOADING OF HAZARDOUS MATE2 RIALS. 

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

4 of the enactment of this Act, the Secretary, after consulta5 tion with the Department of Labor and the Environmental 

6 Protection Agency, as appropriate, and after providing no7 tice and an opportunity for public comment shall prescribe 

8 regulations establishing uniform procedures among facili9 ties for the safe loading and unloading of hazardous mate10 rials on and off tank cars and cargo tank trucks. 

11 (b) INCLUSION.—The regulations prescribed under 

12 subsection (a) may include procedures for equipment in13 spection, personnel protection, and necessary safeguards. 

14 (c) CONSIDERATION.—In prescribing regulations 

15 under subsection (a), the Secretary shall give due consid16 eration to carrier rules and procedures that produce an 

17 equivalent level of safety. 

18 SEC. 9. HAZARDOUS MATERIAL TECHNICAL ASSESSMENT, 

19 RESEARCH AND DEVELOPMENT, AND ANAL20 YSIS PROGRAM. 

21 (a) IN GENERAL.—Chapter 51 is amended by insert22 ing after section 5117 the following: 

23 ‘‘§ 5118. Hazardous material technical assessment, re24 search and development, and analysis 

25 program 

26 ‘‘(a) RISK REDUCTION.— 


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

2 Transportation may develop and implement a haz3 ardous material technical assessment, research and 

4 development, and analysis program for the purpose 

5 of— 

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

7 transportation of hazardous material; and 

8 ‘‘(B) identifying and evaluating new tech9 nologies to facilitate the safe, secure, and effi10 cient transportation of hazardous material. 

11 ‘‘(2) COORDINATION.—In developing the pro12 gram under paragraph (1), the Secretary shall— 

13 ‘‘(A) utilize information gathered from 

14 other modal administrations with similar pro15 grams; and 

16 ‘‘(B) coordinate with other modal adminis17 trations, as appropriate. 

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

19 the Secretary may work cooperatively with regulated and 

20 other entities, including shippers, carriers, emergency re21 sponders, State and local officials, and academic institu22 tions.’’. 

23 (b) CONFORMING AMENDMENT.—The chapter anal24 ysis for chapter 51 is amended by inserting after the item 

25 relating to section 5117 the following: 


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

analysis program.’’. 

1 SEC. 10. HAZARDOUS MATERIAL ENFORCEMENT TRAINING 

2 PROGRAM. 

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

4 multimodal hazardous material enforcement training pro5 gram for government hazardous materials inspectors and 

6 investigators— 

7 (1) to develop uniform performance standards 

8 for training hazardous material inspectors and inves9 tigators; and 

10 (2) to train hazardous material inspectors and 

11 investigators on— 

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

13 findings from inspections and investigations of 

14 accidents or incidents involving the transpor15 tation of hazardous material; and 

16 (B) how to identify noncompliance with 

17 regulations issued under chapter 51 of title 49, 

18 United States Code, and take appropriate en19 forcement action. 

20 (b) STANDARDS AND GUIDELINES.—Under the pro21 gram established under this section, the Secretary may de22 velop— 

23 (1) guidelines for hazardous material inspector 

24 and investigator qualifications; 


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1 (2) best practices and standards for hazardous 

2 material inspector and investigator training pro3 grams; and 

4 (3) standard protocols to coordinate investiga5 tion efforts among Federal, State, and local jurisdic6 tions on accidents or incidents involving the trans7 portation of hazardous material. 

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

9 findings of the program established under this section— 

10 (1) shall be mandatory for— 

11 (A) the Department of Transportation’s 

12 multimodal personnel conducting hazardous 

13 material enforcement inspections or investiga14 tions; and 

15 (B) State employees who conduct federally 

16 funded compliance reviews, inspections, or in17 vestigations; and 

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

19 and local hazardous materials safety enforcement 

20 personnel. 

21 SEC. 11. INSPECTIONS. 

22 (a) NOTICE OF ENFORCEMENT MEASURES.—Section 

23 5121(c)(1) is amended— 

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

25 the end; 


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

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

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

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

5 carrier, packaging manufacturer or tester, or 

6 other person responsible for the package rea7 sonable notice of— 

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

9 or her authority under paragraph (1); 

10 ‘‘(ii) any findings made; and 

11 ‘‘(iii) any actions being taken as a re12 sult of a finding of noncompliance.’’. 

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

14 adding at the end the following: 

15 ‘‘(3) MATTERS TO BE ADDRESSED.—The regu16 lations issued under this subsection shall address— 

17 ‘‘(A) the safe and expeditious resumption 

18 of transportation of perishable hazardous mate19 rial, including radiopharmaceuticals and other 

20 medical products, that may require timely deliv21 ery due to life-threatening situations; 

22 ‘‘(B) the means by which— 

23 ‘‘(i) noncompliant packages that 

24 present an imminent hazard are placed 


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1 out-of-service until the condition is cor2 rected; and 

3 ‘‘(ii) noncompliant packages that do 

4 not present a hazard are moved to their 

5 final destination; 

6 ‘‘(C) appropriate training and equipment 

7 for inspectors; and 

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

9 accordance with the hazardous material regula10 tions.’’. 

11 (c) GRANTS AND COOPERATIVE AGREEMENTS.—Sec12 tion 5121(g)(1) is amended by inserting ‘‘safety and’’ be13 fore ‘‘security’’. 

14 SEC. 12. CIVIL PENALTIES. 

15 Section 5123 is amended— 

16 (1) in subsection (a)— 

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

18 ‘‘$50,000’’ and inserting ‘‘$75,000’’; and 

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

20 ‘‘$100,000’’ and inserting ‘‘$175,000’’; and 

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

22 ‘‘(h) PENALTY FOR OBSTRUCTION OF INSPECTIONS

23 AND INVESTIGATIONS.—The Secretary may impose a pen24 alty on a person who obstructs or prevents the Secretary 


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1 from carrying out inspections or investigations under sub2 section (c) or (i) of section 5121. 

3 ‘‘(i) PROHIBITION ON HAZARDOUS MATERIAL OPER4 ATIONS AFTER NONPAYMENT OF PENALTIES.— 

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

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

7 the Secretary under this chapter who fails to pay a 

8 civil penalty assessed under this chapter, or fails to 

9 arrange and abide by an acceptable payment plan 

10 for such civil penalty, may not conduct any activity 

11 regulated under this chapter beginning on the 91st 

12 day after the date specified by order of the Secretary 

13 for payment of such penalty unless the person has 

14 filed a formal administrative or judicial appeal of the 

15 penalty. 

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

17 apply to any person who is unable to pay a civil pen18 alty because such person is a debtor in a case under 

19 chapter 11 of title 11. 

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

21 after the date of the enactment of this subsection, 

22 the Secretary, after providing notice and an oppor23 tunity for public comment, shall issue regulations 

24 that— 


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1 ‘‘(A) set forth procedures to require a per2 son who is delinquent in paying civil penalties 

3 to cease any activity regulated under this chap4 ter until payment has been made or an accept5 able payment plan has been arranged; and 

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

7 subparagraph (A)— 

8 ‘‘(i) is notified in writing; and 

9 ‘‘(ii) is given an opportunity to re10 spond before the person is required to 

11 cease the activity.’’. 

12 SEC. 13. REPORTING OF FEES. 

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

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

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

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

17 as follows: 

18 ‘‘§ 5117. Special permits, approvals, and exclusions 

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

20 ‘‘(1) CONDITIONS.—The Secretary of Transpor21 tation may issue, modify, or terminate a special per22 mit implementing new technologies or authorizing a 

23 variance from a provision under this chapter or a 

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

25 5110, or 5112 to a person performing a function 


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

2 to achieve— 

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

4 safety level required under this chapter; or 

5 ‘‘(B) a safety level consistent with the pub6 lic interest and this chapter, if a required safety 

7 level does not exist. 

8 ‘‘(2) FINDINGS REQUIRED.— 

9 ‘‘(A) IN GENERAL.—Before issuing, renew10 ing, or modifying a special permit or granting 

11 party status to a special permit, the Secretary 

12 shall determine that the person is fit to conduct 

13 the activity authorized by such permit in a 

14 manner that achieves the level of safety re15 quired under paragraph (1). 

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

17 determination under subparagraph (A), the 

18 Secretary shall consider— 

19 ‘‘(i) the person’s safety history (in20 cluding prior compliance history); 

21 ‘‘(ii) the person’s accident and inci22 dent history; and 

23 ‘‘(iii) any other information the Sec24 retary considers appropriate to make such 

25 a determination. 


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

2 issued under this section— 

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

4 more than 2 years; 

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

6 upon application— 

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

8 than 4 years each; or 

9 ‘‘(ii) in the case of a special permit re10 lating to section 5112, for an additional 

11 period of not more than 2 years. 

12 ‘‘(b) APPLICATIONS.— 

13 ‘‘(1) REQUIRED DOCUMENTATION.—When ap14 plying for a special permit or the renewal or modi15 fication of a special permit or requesting party sta16 tus to a special permit under this section, the Sec17 retary shall require the person to submit an applica18 tion that contains— 

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

20 request; 

21 ‘‘(B) a listing of the person’s current facili22 ties and addresses where the special permit will 

23 be utilized; 

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

25 Secretary that justifies the special permit; 


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1 ‘‘(D) documentation to support the safety 

2 analysis; 

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

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

5 under section 5108. 

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

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

8 that an application for a special permit has 

9 been filed; and 

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

11 inspect and comment on the application. 

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

13 not require the release of information protected by 

14 law from public disclosure. 

15 ‘‘(c) COORDINATE AND COMMUNICATE WITH MODAL

16 CONTACT OFFICIALS.— 

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

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

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

20 the Administrator of the Pipeline and Hazardous 

21 Materials Safety Administration shall consult, co22 ordinate, or notify the modal contact official respon23 sible for the specified mode of transportation that 

24 will be utilized under a special permit or approval 

25 before— 


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

2 special permit; 

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

4 permit; or 

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

6 or approval. 

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

8 this section, the term ‘modal contact official’ 

9 means— 

10 ‘‘(A) the Administrator of the Federal 

11 Aviation Administration; 

12 ‘‘(B) the Administrator of the Federal 

13 Motor Carrier Safety; 

14 ‘‘(C) the Administrator of the Federal 

15 Railroad Administration; and 

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

17 ‘‘(d) APPLICATIONS TO BE DEALT WITH PROMPT18 LY.—The Secretary shall— 

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

20 to a special permit or approval for which a request 

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

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

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

24 of the month following the date of the filing of the 

25 request; or 


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1 ‘‘(2) publish a statement in the Federal Reg2 ister that— 

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

4 the Secretary’s decision on the special permit or 

5 approval; and 

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

7 time necessary before the decision is made. 

8 ‘‘(e) EMERGENCY PROCESSING OF SPECIAL PER9 MITS.— 

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

11 not grant a request for emergency processing of a 

12 special permit unless the Secretary determines 

13 that— 

14 ‘‘(A) a special permit is necessary for na15 tional security purposes; 

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

17 this section would result in significant injury to 

18 persons or property; or 

19 ‘‘(C) a special permit is necessary to pre20 vent significant economic loss or damage to the 

21 environment that could not be prevented if the 

22 application were processed on a routine basis. 

23 ‘‘(2) WAIVER OF FITNESS TEST.—The Sec24 retary may waive the requirement under subsection 

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


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

2 paragraph (1). 

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

4 after the date of issuance of a special permit under 

5 this subsection, the Secretary shall publish a notice 

6 in the Federal Register of the issuance that in7 cludes— 

8 ‘‘(A) a statement of the basis for the find9 ing of emergency; and 

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

11 permit. 

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

13 issued under this subsection shall be effective for a 

14 period not to exceed 180 days. 

15 ‘‘(f) EXCLUSIONS.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall ex17 clude, in any part, from this chapter and regulations 

18 prescribed under this chapter— 

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

20 2101 of title 46); 

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

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

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

24 under the Ports and Waterways Safety Act of 

25 1972 (33 U.S.C. 1221, et seq.). 


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

2 prescribed under this chapter do not prohibit— 

3 ‘‘(A) or regulate transportation of a fire4 arm (as defined in section 232 of title 18), or 

5 ammunition for a firearm, by an individual for 

6 personal use; or 

7 ‘‘(B) transportation of a firearm or ammu8 nition in commerce. 

9 ‘‘(g) LIMITATION ON AUTHORITY.—Unless the Sec10 retary decides that an emergency exists, a person subject 

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

12 chapter through a special permit or renewal granted under 

13 this section. 

14 ‘‘(h) APPROVALS.— 

15 ‘‘(1) FINDINGS REQUIRED.— 

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

17 not issue an approval or grant the renewal of 

18 an approval pursuant to part 107 of title 49, 

19 Code of Federal Regulations until the Secretary 

20 has determined that the person is fit, willing, 

21 and able to conduct the activity authorized by 

22 the approval in a manner that achieves the level 

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


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1 ‘‘(B) CONSIDERATIONS.—In making a de2 termination under subparagraph (A), the Sec3 retary 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 ‘‘(2) REQUIRED DOCUMENTATION.—When ap12 plying for an approval or renewal or modification of 

13 an approval under this section, the Secretary shall 

14 require the person to submit an application that con15 tains— 

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

17 request; 

18 ‘‘(B) a listing of the persons current facili19 ties and addresses where the approval will be 

20 utilized; 

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

22 Secretary that justifies the approval; 

23 ‘‘(D) documentation to support the safety 

24 analysis; 

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


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1 ‘‘(F) the verification of registration re2 quired under section 5108. 

3 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub4 section may be construed to require the release of 

5 information protected by law from public disclosure. 

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

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

8 Secretary determines that— 

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

10 permit or approval has violated the special permit or 

11 approval or the regulations issued under this chapter 

12 in a manner that demonstrates that the person is 

13 not fit to conduct the activity authorized by the spe14 cial permit or approval; or 

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

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

17 date of the enactment of this Act, the Secretary, after pro18 viding notice and an opportunity for public comment, shall 

19 issue regulations that establish— 

20 ‘‘(1) standard operating procedures to support 

21 administration of the special permit and approval 

22 programs; and 

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

24 of special permit and approval applications. 


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1 ‘‘(k) ANNUAL REVIEW OF CERTAIN SPECIAL PER2 MITS.— 

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

4 annual review and analysis of special permits— 

5 ‘‘(A) to identify consistently used and long6 standing special permits with an established 

7 safety record; and 

8 ‘‘(B) to determine whether such permits 

9 may be converted into the hazardous materials 

10 regulations. 

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

12 analysis under paragraph (1), the Secretary may 

13 consider— 

14 ‘‘(A) the safety record for hazardous mate15 rials transported under the special permit; 

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

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

18 special permit for incorporation into the haz19 ardous materials regulations; and 

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

21 ‘‘(3) RULEMAKING.—After completing the re22 view and analysis under paragraph (1) and providing 

23 notice and opportunity for public comment, the Sec24 retary shall issue regulations, as needed.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 51 is amended by striking the item relating to 

3 section 5117 and inserting the following: 

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

4 SEC. 15. HIGHWAY ROUTING DISCLOSURES. 

5 (a) LIST OF ROUTE DESIGNATIONS.—Section 

6 5112(c) is amended— 

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

8 the following: 

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

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

11 ‘‘(2) STATE RESPONSIBILITIES.— 

12 ‘‘(A) IN GENERAL.—Each State shall sub13 mit to the Secretary, in a form and manner to 

14 be determined by the Secretary and in accord15 ance with subparagraph (B)— 

16 ‘‘(i) the name of the State agency re17 sponsible for hazardous material highway 

18 route designations; and 

19 ‘‘(ii) a list of the State’s currently ef20 fective hazardous material highway route 

21 designations. 

22 ‘‘(B) FREQUENCY.—Each State shall sub23 mit the information described in subparagraph 

24 (A)(ii)— 

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


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

2 hazardous material highway route designa3 tion is established, amended, or discon4 tinued.’’. 

5 (b) COMPLIANCE WITH SECTION 5112.—Section 

6 5125(c)(1) is amended by inserting ‘‘, and is published 

7 in the Department’s hazardous materials route registry 

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

9 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 5128 is amended to read as follows: 

11 ‘‘§ 5128. Authorization of appropriations 

12 ‘‘(a) IN GENERAL.—There are authorized to be ap13 propriated to the Secretary to carry out this chapter (ex14 cept sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 

15 5119)— 

16 ‘‘(1) $42,338,000 for fiscal year 2012; and 

17 ‘‘(2) $42,762,000 for fiscal year 2013. 

18 ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE19 PAREDNESS FUND.—From the Hazardous Materials 

20 Emergency Preparedness Fund established under section 

21 5116(i), the Secretary may expend, during each of fiscal 

22 years 2012 and 2013— 

23 ‘‘(1) $188,000 to carry out section 5115; 

24 ‘‘(2) $21,800,000 to carry out subsections (a) 

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


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1 $13,650,000 shall be available to carry out section 

2 5116(b); 

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

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

5 Emergency Response Guidebook under section 

6 5116(i)(3); and 

7 ‘‘(5) $1,000,000 to carry out section 5116(j). 

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

9 From the Hazardous Materials Emergency Preparedness 

10 Fund established pursuant to section 5116(i), the Sec11 retary may expend $4,000,000 for each of the fiscal years 

12 2012 and 2013 to carry out section 5107(e). 

13 ‘‘(d) CREDITS TO APPROPRIATIONS.— 

14 ‘‘(1) EXPENSES.—In addition to amounts oth15 erwise made available to carry out this chapter, the 

16 Secretary may credit amounts received from a State, 

17 Indian tribe, or other public authority or private en18 tity for expenses the Secretary incurs in providing 

19 training to the State, authority, or entity. 

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

21 made available under this section shall remain avail22 able until expended.’’. 

Æ 


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