U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

19–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

112–162 

Calendar No. 368 

HAZARDOUS MATERIALS TRANSPORTATION 

SAFETY IMPROVEMENT ACT OF 2011 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1952 

APRIL 25, 2012.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TWELFTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

ROY BLUNT, Missouri 

JOHN BOOZMAN, Arkansas 

PATRICK J. TOOMEY, Pennsylvania 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

JOHN WILLIAMS, General Counsel 

RICHARD RUSSELL, Republican Staff Director 

JARROD THOMPSON, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 368 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–162 

HAZARDOUS MATERIALS TRANSPORTATION SAFETY 

IMPROVEMENT ACT OF 2011 

APRIL 25, 2012.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1952] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1952) to improve hazardous materials transportation safety and for other purposes, having considered the same, reports favorably thereon without amendment and 

recommends that the bill do pass. 

PURPOSE OF THE BILL

The Hazardous Materials Transportation Safety Improvement 

Act of 2011 (S. 1952) would reauthorize Federal hazardous materials transportation safety programs under management of the 

Pipeline and Hazardous Materials Safety Administration (PHMSA) 

of the U.S. Department of Transportation (DOT) for fiscal years 

2012 through 2013. These programs provide safety oversight of the 

transportation of hazardous materials throughout the Nation’s 

transportation networks. 

BACKGROUND AND NEEDS

The transportation of hazardous materials is a critical aspect of 

the U.S. economy, providing essential products to manufacturing 

industries and the agricultural sector, and delivering fuel for 

homes and automobiles throughout the country. More than two billion tons of hazardous materials, worth approximately $1.5 trillion, 

move annually through the country. Hazardous materials include 

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stances. Examples include chlorine, kerosene, potassium cyanide, 

sodium nitrate, asbestos, and gunpowder. 

Safe transportation of hazardous materials is imperative, given 

that many of these items are capable of causing substantial human 

and environmental harm. Hazardous materials safety means taking precautions to deter accidents or minimizing damage when accidents occur. DOT’s PHMSA is responsible for regulating the 

transportation of these items to ensure that transportation activities are conducted in the safest possible manner, free of risk to the 

American public, to property, and to the environment, regardless of 

the transportation mode. PHMSA’s Office of Hazardous Materials 

Safety is responsible for the safe transport of hazardous materials 

by air, rail, highway, and water, with the exception of bulk transportation of hazardous materials by vessel which is overseen by the 

U.S. Coast Guard (USCG). PHMSA’s Office of Pipeline Safety has 

safety oversight for the transportation of natural gas, petroleum, 

and other hazardous materials by pipeline. 

The Office of Hazardous Materials Safety works to maintain compliance with safety standards through inspections, safety incident 

and accident investigations, and outreach to shippers and carriers. 

PHMSA’s regulatory authority over the transportation of hazardous materials covers a wide swath of the supply chain. Transportation of hazardous materials includes not only the actual transport of such items, but also activities that take place both before 

and after transport takes place. Key areas of hazardous materials 

regulation are: 

• Packaging: Safety regulations apply to any person who 

manufactures, marks, maintains, reconditions, repairs, or tests 

packaging or a component of packaging that is represented or 

sold as qualified for use in the transportation of a hazardous 

material. 

• Pre-Transportation: Safety regulations apply to any person or entity that takes part in such functions as determining 

the hazard class of a material; selecting packaging for a hazardous material; packaging a hazardous material; marking a 

package to indicate that it is a hazardous material; preparing 

shipping papers for hazardous materials; loading a hazardous 

material into a freight container; and selecting, providing, and 

applying placards for a freight container that is transporting 

hazardous materials. 

• Transportation: For purposes of commerce, transportation of a hazardous material begins when a carrier takes possession of the hazardous material for the purpose of transporting it and continues until the package containing the hazardous material is delivered to the destination identified on a 

shipping document or, in the case of a rail car, delivered to private track. For a private motor carrier, transportation begins 

when a motor vehicle driver takes possession of the hazardous 

material and continues until the driver relinquishes possession 

of the package at its destination. Transportation of a hazardous material includes the movement, loading, unloading, 

and temporary storage of a hazardous material package being 


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transported by a transport vehicle, aircraft, or vessel. Temporary storage includes storage at a transloading facility or 

storage of a rail car on track that does not meet the definition 

of private, even if the car has been delivered to its final destination. 

Many hazardous materials are transported under the terms and 

conditions of special permits and approvals issued by PHMSA. Special permits and approvals allow a company or individual to transport, package, or ship hazardous materials in a manner that varies 

from regulations, provided PHMSA determines that they meet two 

key criteria: (1) the company or individual is fit to conduct the activity authorized by the special permit or approval; and (2) the 

level of safety the company or individual is proposing is as safe as 

or safer than requirements from which the company is seeking relief. Obtaining a special permit or approval allows a company to 

use technological innovations that have emerged since the regulations were first promulgated. Currently, there are about 5,500 special permit holders and 118,000 approvals. In 2009, the DOT Office 

of the Inspector General found flaws in PHMSA’s special permit 

program, such as PHMSA granting special permits and approvals 

without reviewing applicants’ safety histories and without coordinating with partner safety agencies. PHMSA has been engaged in 

efforts to improve the program since the findings were made. 

PHMSA was created under the Norman Y. Mineta Research and 

Special Programs Improvement Act (118 Stat. 2423), which was enacted on November 30, 2004. The hazardous materials transportation safety programs under its jurisdiction were last fully authorized in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users in 2005 (119 Stat. 1144), which includes the Hazardous Materials Transportation Safety and Security 

Reauthorization Act of 2005 (119 Stat. 1891). These programs are 

funded primarily through the General Fund. The Passenger Rail 

Investment and Improvement Act of 2008 (122 Stat. 4907) also includes provisions relating to hazardous materials transport through 

freight rail. 

Between 2002 and 2011, hazardous materials incidents totaled 

161,617 and resulted in 129 fatalities. Since reaching a peak of 20, 

336 incidents in 2006, numbers have declined every subsequent 

year. Approximately 87 percent of the incidents and 85 percent of 

the fatalities from hazardous materials occurred on highways—the 

most common mode of hazardous materials transportation. In 2011 

alone, nearly 12,300 of the 14,400 total hazardous materials incidents occurred on highways, with 10 fatalities. Gasoline and sulfuric acid were by far the most common materials involved in hazardous materials incidents, accounting for 67 percent of total incidents. The most common source of casualties is derailment or rollover of vehicles, followed by human error. Due to high product demand and frequency of use, rail and truck transport of hazardous 

materials are expected to increase over the next decade, raising the 

number of opportunities for incidents. 

SUMMARY OF PROVISIONS

The Hazardous Materials Transportation Safety Improvement 

Act of the 2011 (HMTSIA) would reauthorize PHMSA’s Office of 


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Hazardous Materials Safety, within DOT, for fiscal years 2012 and 

2013. This legislation would take a number of steps to increase the 

level of safety for hazardous materials being transported throughout our Nation’s transportation networks. In addition, HMTSIA includes provisions to enhance enforcement of hazardous materials 

transportation regulations, and steps to streamline the operations 

of the Office of Hazardous Materials Safety and establish more efficient processes and procedures. Specifically, the legislation includes 

provisions that: 

• Require heightened levels of training for emergency responders to more effectively protect persons, property, and the 

environment in the event accidents or incidents occur during 

hazardous materials transportation; 

• Allow the Secretary of Transportation (Secretary) to develop a program that enables shippers of hazardous materials 

to exchange shipping information electronically with carriers, 

emergency responders, and enforcement personnel; 

• Direct the Secretary to establish uniform regulations for 

the safe loading and unloading of hazardous materials on and 

off tank cars and cargo tank trucks; 

• Grant the Secretary the authority to establish a hazardous 

materials enforcement training program; 

• Increase the maximum allowable civil penalties for hazardous materials transportation violations and impose new 

penalties on individuals who obstruct investigations or refuse 

to pay penalties; 

• Require, through process of rulemaking, development of 

clear and consistent procedures and criteria for evaluating applications for hazardous materials transportation special permits and approvals; 

• Require States to supply up-to-date hazardous material 

highway routing designations to the Secretary at least every 2 

years and within 60 days of any modification to such routing 

designations; and condition States’ abilities to enforce regulations related to hazardous material highway routing designations to those highways included in the designations provided 

to the Secretary; and 

• Authorize appropriations for PHMSA’s Office of Hazardous 

Materials Safety for fiscal years 2012 and 2013. 

LEGISLATIVE HISTORY

S. 1952 was introduced by Senator Lautenberg on December 7, 

2011, and referred to the Committee on Commerce, Science, and 

Transportation. The bill was considered at the Committee’s December 14, 2011, Executive Session, where it was approved without 

amendment by unanimous consent. 


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ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

FEBRUARY 3, 2012. 

Hon. JOHN D. ROCKEFELLER IV, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1952, the Hazardous Materials Transportation Safety Improvement Act of 2011. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Sarah Puro. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 1952—Hazardous Materials Transportation Safety Improvement 

Act of 2011 

Summary: S. 1952 would amend various laws that govern the activities of the Pipelines and Hazardous Materials Safety Administration (PHMSA). The bill also would authorize the appropriation 

of $85 million over the 2012–2013 period for safety activities related to the transportation of hazardous materials. However, because the amount authorized for 2012 has already been appropriated, CBO estimates that enacting the bill would cost $41 million over the 2013–2017 period, assuming the appropriation of that 

specified authorization for 2013. 

Enacting the bill could result in the collection of additional civil 

penalties because it would increase the amount that PHMSA could 

impose for violations of hazardous materials safety regulations. 

Penalties are recorded as revenues and deposited in the U.S. Treasury. As a result, pay-as-you go procedures apply. However, CBO estimates that such collections would probably be small, and the effect on revenues would be insignificant. Enacting the bill would not 

affect direct spending. 

S. 1952 would impose intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) on state, local, and 

tribal governments. CBO estimates that the cost of complying with 

those mandates would fall well below the annual threshold established in UMRA for intergovernmental mandates ($73 million in 

2012, adjusted annually for inflation). 

S. 1952 would impose private-sector mandates by requiring owners and operators of facilities where loading and unloading of hazardous materials take place to comply with safety procedures to be 

established by PHMSA. Based on information from PHMSA and industry sources, CBO estimates that the cost of those mandates 

would fall below the annual threshold established in UMRA for private-sector mandates ($146 million in 2012, adjusted annually for 

inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1952 is shown in the following table. The costs 

of this legislation fall within budget function 400 (transportation). 


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By fiscal year, in millions of dollars— 

2012 2013 2014 2015 2016 2017 2012– 

2017 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ...................................................... 0 43 0 0 0 0 43 

Estimated Outlays ....................................................... 0 30 9 2 0 0 41 

Basis of estimate: S. 1952 would authorize the appropriation of $85 million over the 2012–2013 period for safety activities related 

to the transportation of hazardous materials. For 2012, $42 million 

has already been appropriated for this activity. The bill also would 

amend several laws that govern the activities of PHMSA, including 

requiring the agency to establish a training program for hazardous 

materials inspectors across different modes of transportation, update certain reports, and establish new regulations and 

rulemakings related to the transportation of hazardous materials. 

Based on historical spending for this program and because the 

amount authorized for 2012 has already been appropriated, CBO 

estimates that enacting the bill would cost $41 million over the 

2012–2017 period, assuming the appropriation of that amount. 

Estimated impact on state, local, and tribal governments: S. 1952 

would impose intergovernmental mandates as defined in UMRA on 

state, local, and tribal governments. CBO estimates that the cost 

of complying with those mandates would fall well below the annual 

threshold established in UMRA for intergovernmental mandates 

($73 million in 2012, adjusted annually for inflation). The bill 

would: 

• Require states to provide a report to the Secretary of Transportation about fees charged to motor carriers that transport hazardous materials. The bill also would require states to report information about highways designated for transporting hazardous materials. CBO estimates that the cost to states resulting from this 

mandate would be small. 

• Preempt state, local, and tribal laws relating to the transportation of hazardous materials. While that preemption would limit 

the application of state law, CBO estimates that it would impose 

no duty on state, local, or tribal governments that would result in 

additional spending. 

The bill would authorize grants to states and Indian tribes for 

emergency planning and training related to the transportation of 

hazardous materials. Any costs to those governments would be incurred voluntarily as conditions of federal assistance. 

Estimated impact on the private sector: S. 1952 contains privatesector mandates, as defined in UMRA. The bill would require owners and operators of facilities to comply with uniform procedures 

for safely loading and unloading hazardous materials on and off 

motor vehicles and rail cars with tanks. Currently, owners and operators must comply with several state, local, and federal regulations related to handling, loading, and unloading hazardous materials. According to some industry sources, having to comply with 

one national standard as compared to standards that vary by state 

could decrease compliance costs in some cases. In addition, PHMSA 

has already initiated a rulemaking to establish a standard for loading and unloading hazardous materials on and off motor vehicles 

with cargo tanks that would be similar to the standards required 


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in the bill. Because much of the industry already complies with requirements that are similar to the bill’s requirements, CBO estimates that the incremental cost for facilities to comply with the 

mandates in the bill would fall below the annual threshold established in UMRA for private-sector mandates ($146 million in 2012, 

adjusted annually for inflation). 

Estimate prepared by: Federal Costs: Sarah Puro; Impact on 

State, Local, and Tribal Governments: Ryan Miller; Impact on the 

Private Sector: Vi Nguyen. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 1952 would reauthorize PHMSA’s Office of Hazardous Materials Safety. The Office of Hazardous Materials Safety currently 

has the authority to provide direct oversight of the transportation 

of hazardous materials by air, rail, highway, and water. The bill 

would provide the Office of Hazardous Materials Safety with additional authority to oversee the hazardous materials transportation 

industry. The number of persons covered by the Office’s authority 

is not expected to change with this bill. 

ECONOMIC IMPACT

S. 1952 would not have an adverse economic impact on the Nation. This bill would promote a safer regulatory environment for 

the transportation of hazardous materials, which could ultimately 

reduce the monetary consequences of incidents and accidents. 

PRIVACY

S. 1952 would not have any effect on the privacy of individuals’ 

information. 

PAPERWORK

S. 1952 would require hazardous materials shippers and carriers 

to provide additional information in digital form that they are not 

currently required to provide. Any additional paperwork burdens 

would be minimal. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

The short title of this bill is the ‘‘Hazardous Materials Transportation Safety Improvement Act of 2011’’. 


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Section 2. Table of contents 

This section includes the table of contents for the bill. 

Section 3. Definition 

This section includes definitions for the bill. 

Section 4. References to Title 49, United States Code 

This section clarifies that any reference to a section or other provision in the bill is in reference to a section or other provision of 

title 49, United States Code, unless otherwise expressly provided. 

Section 5. Training for emergency responders 

This section would require certification from training organizations that the emergency responders who receive training through 

grants provided under section 5116 have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous materials in accordance with existing regulations or National Fire Protection Association standards for competence of responders to hazardous materials. This section would deny funding to organizations 

that cannot provide that training. This section would also require 

a report from the Secretary on all training grant expenditures. 

Section 6. Paperless hazard communications pilot program 

This section would grant the Secretary the authority to assess 

the current technological capability of DOT and, after the assessment, institute a paperless hazard communication program. The 

program would consider technologies that allow shippers to exchange hazardous materials shipping information electronically 

with carriers, emergency responders, and enforcement personnel 

among fixed facilities, mobile platforms, and wireless devices. 

Section 7. Improving data collection, analysis, and reporting 

This section would require the Secretary, in coordination with 

the Secretary of Homeland Security, to perform an assessment of 

PHMSA’s current policies on reporting of accidents or incidents involving hazardous materials. The Secretary would be required to 

develop an action plan and timeline for making improvements, 

after the results of the assessment are known. 

Section 8. Loading and unloading of hazardous materials 

This section would require the Secretary, after consultation and 

public notice, to prescribe uniform regulations for the safe loading 

and unloading of hazardous materials on and off tank cars and 

cargo tank trucks. 

Section 9. Hazardous material technical assessment, research and 

development, and analysis program 

This section would authorize the Secretary to develop and implement a technical assessment, research and development, and analysis program aimed at reducing the risks associated with the transportation of hazardous materials, and identify new technologies 

and methods for facilitating the safe, secure, and efficient transportation of hazardous materials. This section would focus this program’s research activities on high-risk hazardous materials transVerDate Mar 15 2010 01:43 Apr 27, 2012 Jkt 019010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR162.XXX SR162

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portation concerns identified by the National Transportation Safety 

Board or through DOT initiatives. 

Section 10. Hazardous material enforcement training program 

This section would grant the Secretary authority to establish a 

hazardous materials enforcement training program to develop qualification guidelines, best practices, and standards for government 

hazardous materials investigator training building upon current 

training programs already developed by the modes; collect, analyze, 

and publish findings from incident investigations; and develop 

standard protocols for coordinating joint enforcement efforts among 

Federal, State, and local jurisdictions. The program would establish 

investigator qualification and training guidelines to ensure that 

regulated entities are complying with hazardous materials packaging regulations. 

Section 11. Inspections 

This section would require inspections administered by the Secretary to address the immediate resumption of transportation of 

perishable material after inspection, along with training for inspectors and the proper closing of packaging after inspections. This section would also require the Secretary to provide reasonable notice 

to affected parties after a finding of non-compliance. The section 

would also require the Secretary to formulate the means by which 

non-compliant packages that are both imminent hazards and nonimminent hazards are handled. 

Section 12. Civil penalties 

This section would increase the statutory maximum for a civil 

penalty from $50,000 to $75,000 for each hazardous materials violation. For violations that result in death, serious illness, or severe 

injury, the penalty would be increased from a $100,000 maximum 

to a $175,000 maximum. This section would also clarify the Secretary’s authority to impose a penalty on a person who obstructs 

an inspection or investigation. This section would prohibit hazardous materials operations for companies that do not pay assessed 

penalties. 

Section 13. Reporting of fees 

This section would require biennial reporting from States, political subdivisions, and Indian tribes that levy fees on hazardous materials. 

Section 14. Special permits, approvals, and exclusions 

This section would amend section 5116 to better define the process and procedures used to manage the special permits, approvals, 

and exclusions program. It would authorize the Secretary to issue, 

modify, or terminate a special permit that implements new technologies or varies safety levels. It would direct the Secretary to establish criteria to make an assessment of an equivalent level of 

safety and the process for evaluating the fitness of applicants and 

their safety performance. This section would increase the amount 

of compliance audits and oversight of special permit and approval 

holders. This section would grant the Secretary authority to modVerDate Mar 15 2010 01:43 Apr 27, 2012 Jkt 019010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR162.XXX SR162

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ify, suspend, or terminate a special permit or approval for noncompliance, or if the special permit is unsafe. 

Section 15. Highway routing disclosures 

This section would require each State to submit the name of the 

State agency responsible for hazardous material highway route 

designations and a list of the State’s currently effective hazardous 

material highway route designations every 2 years, or when a designation is modified. This section would also require that States 

only enforce regulations that pertain to those highways included in 

the highway route designations provided to the Secretary. 

Section 16. Authorization of appropriations 

This section would authorize appropriations for most hazardous 

materials programs through 2013, including Hazardous Materials 

Training Grants. This section would authorize appropriations for 

the Hazardous Materials Emergency Preparedness Fund through 

2013. This section would allow the Secretary to credit amounts received from a State, Indian tribe, or public authority for expenses 

occurred in providing them training. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 49. TRANSPORTATION 

SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS

CHAPTER 51. TRANSPORTATION OF HAZARDOUS MATERIAL

§ 5112. Highway routing of hazardous material 

(a) APPLICATION.— 

(1) This section applies to a motor vehicle only if the vehicle 

is transporting hazardous material in commerce for which 

placarding of the vehicle is required under regulations prescribed under this chapter. However, the Secretary by regulation may extend application of this section or a standard prescribed under subsection (b) of this section to— 

(A) any use of a vehicle under this paragraph to transport any hazardous material in commerce; and 

(B) any motor vehicle used to transport hazardous material in commerce. 

(2) Except as provided by subsection (d) of this section and 

section 5125(c) of this title, each State and Indian tribe may 

establish, maintain, and enforce— 

(A) designations of specific highway routes over which 

hazardous material may and may not be transported by 

motor vehicle; and 

(B) limitations and requirements related to highway 

routing. 

(b) STANDARDS FOR STATES AND INDIAN TRIBES.— 


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(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— 


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(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.—øIn coordination¿ 

(1) IN GENERAL.—In coordination with the States, the Secretary shall update and publish periodically a list of currently 

effective hazardous material highway route designations. 

(2) STATE RESPONSIBILITIES.— (A) IN GENERAL.—Each State shall submit to the Secretary, in a form and manner to be determined by the Secretary and in accordance with subparagraph (B)— 

(i) the name of the State agency responsible for hazardous material highway route designations; and 

(ii) a list of the State’s currently effective hazardous 

material highway route designations. 

(B) FREQUENCY.—Each State shall submit the information described in subparagraph (A)(ii)— 

(i) at least once every 2 years; and 

(ii) not later than 60 days after a hazardous material 

highway route designation is established, amended, or 

discontinued. 

(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 


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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. 

§ 5115. Training curriculum for the public sector 

(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 øbasic¿ 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 


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(2) may include recommendations on material appropriate 

for use in a recommended øbasic¿ course described in clause 

(1)(B) of this subsection. 

(c) TRAINING ON COMPLYING WITH LEGAL REQUIREMENTS.—A recommended øbasic¿ 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. 

§ 5116. Planning and training grants, monitoring, and review 

(a) PLANNING GRANTS.— 

(1) The Secretary shall make grants to States and Indian 

tribes— 

(A) to develop, improve, and carry out emergency plans 

under the Emergency Planning and Community Right-ToKnow 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 


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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. To the extent that 

a grant is used to train emergency responders, the State or Indian tribe shall provide written certification to the Secretary 

that the emergency responders who receive training under the 

grant will have the ability to protect nearby persons, property, 

and the environment from the effects of accidents or incidents 

involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to hazardous 

materials. 

(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 


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(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.—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 raVerDate Mar 15 2010 01:43 Apr 27, 2012 Jkt 019010 PO 00000 Frm 00018 Fmt 6659 Sfmt 6601 E:\HR\OC\SR162.XXX SR162

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dioactive 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. 


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(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 not award a grant to an organization 

under this subsection unless the organization ensures that 

emergency responders who receive training under the grant will 

have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving 

the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association 

standards for competence of responders to hazardous materials. 

(6) Notwithstanding paragraphs (1) and (3), to the extent determined appropriate by the Secretary, a grant awarded by the 

Secretary to an organization under this subsection to conduct 

hazardous material response training programs may be used to 

train individuals with responsibility to respond to accidents 

and incidents involving hazardous material. 

ø(5)¿ (7) 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 øannually¿ an annual 

report 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 the 

report to the public øinformation¿. The report submitted under this 

subsection shall include information on the allocation and uses of 


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the planning grants allocated under subsection (a), training grants 

under subsection (b), and grants under subsection (j) of this section 

and under section 5107. øThe 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.¿ The report submitted under this 

subsection shall identify the ultimate recipients of such grants and 

include— 

(A) a detailed accounting and description of each grant 

expenditure by each grant recipient, including the amount 

of, and purpose for, each expenditure; 

(B) the number of persons trained under the grant program, by training level; 

(C) an evaluation of the efficacy of such planning and 

training programs; and 

(D) any recommendations the Secretary may have for improving such grant programs. 

ø§ 5117. Special permits and exclusions 

ø(a) AUTHORITY TO ISSUE SPECIAL PERMITS.— 

ø(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— 

ø(A) at least equal to the safety level required under this 

chapter; or 

ø(B) consistent with the public interest and this chapter, 

if a required safety level does not exist. 

ø(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. 

ø(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. 

ø(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. 

ø(d) EXCLUSIONS.— 


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ø(1) The Secretary shall exclude, in any part, from this chapter and regulations prescribed under this chapter— 

ø(A) a public vessel (as defined in section 2101 of title 

46); 

ø(B) a vessel exempted under section 3702 of title 46 

from chapter 37 of title 46; and 

ø(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.). 

ø(2) This chapter and regulations prescribed under this 

chapter do not prohibit— 

ø(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 

ø(B) transportation of a firearm or ammunition in commerce. 

ø(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.¿ 

§ 5117. Special permits, approvals, and exclusions 

(a) AUTHORITY TO ISSUE SPECIAL PERMITS.— 

(1) CONDITIONS.—The Secretary of Transportation may issue, 

modify, or terminate a special permit implementing new technologies or authorizing a variance from a provision under this 

chapter or a regulation prescribed under section 5103(b), 5104, 

5110, or 5112 to a person performing a function regulated by 

the Secretary under section 5103(b)(1) to achieve— 

(A) a safety level at least equal to the safety level required 

under this chapter; or 

(B) a safety level consistent with the public interest and 

this chapter, if a required safety level does not exist. 

(2) FINDINGS REQUIRED.— 

(A) IN GENERAL.—Before issuing, renewing, or modifying 

a special permit or granting party status to a special permit, the Secretary shall determine that the person is fit to 

conduct the activity authorized by such permit in a manner 

that achieves the level of safety required under paragraph 

(1). 

(B) CONSIDERATIONS.—In making the determination 

under subparagraph (A), the Secretary shall consider— 

(i) the person’s safety history (including prior compliance history); 

(ii) the person’s accident and incident history; and 

(iii) any other information the Secretary considers 

appropriate to make such a determination. 

(3) EFFECTIVE PERIOD.—A special permit issued under this 

section— 

(A) shall be for an initial period of not more than 2 

years; 

(B) may be renewed by the Secretary upon application— 

(i) for successive periods of not more than 4 years 

each; or 


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(ii) in the case of a special permit relating to section 

5112, for an additional period of not more than 2 

years. 

(b) APPLICATIONS.— 

(1) REQUIRED DOCUMENTATION.—When applying for a special 

permit or the renewal or modification of a special permit or requesting party status to a special permit under this section, the 

Secretary shall require the person to submit an application that 

contains— 

(A) a detailed description of the person’s request; 

(B) a listing of the person’s current facilities and addresses where the special permit will be utilized; 

(C) a safety analysis prescribed by the Secretary that justifies the special permit; 

(D) documentation to support the safety analysis; 

(E) a certification of safety fitness; and 

(F) proof of registration, as required under section 5108. 

(2) PUBLIC NOTICE.—The Secretary shall— 

(A) publish notice in the Federal Register that an application for a special permit has been filed; and 

(B) provide the public an opportunity to inspect and comment on the application. 

(3) SAVINGS CLAUSE.—This subsection does not require the release of information protected by law from public disclosure. 

(c) COORDINATE AND COMMUNICATE WITH MODAL CONTACT OFFICIALS.— 

(1) IN GENERAL.—In evaluating applications under subsection 

(b), and making the findings and determinations under subsections (a), (e), and (h), the Administrator of the Pipeline and 

Hazardous Materials Safety Administration shall consult, coordinate, or notify the modal contact official responsible for the 

specified mode of transportation that will be utilized under a 

special permit or approval before— 

(A) issuing, modifying, or renewing the special permit; 

(B) granting party status to the special permit; or 

(C) issuing or renewing the special permit or approval. 

(2) MODAL CONTACT OFFICIAL DEFINED.—In this section, the 

term ‘modal contact official’ means— 

(A) the Administrator of the Federal Aviation Administration; 

(B) the Administrator of the Federal Motor Carrier Safety; 

(C) the Administrator of the Federal Railroad Administration; and 

(D) the Commandant of the Coast Guard. 

(d) APPLICATIONS TO BE DEALT WITH PROMPTLY.—The Secretary 

shall— 

(1) issue, modify, renew, or grant party status to a special 

permit or approval for which a request was filed under this section, or deny the issuance, modification, renewal, or grant, on 

or before the last day of the 180-day period beginning on the 

first day of the month following the date of the filing of the request; or 

(2) publish a statement in the Federal Register that— 


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(A) describes the reason for the delay of the Secretary’s 

decision on the special permit or approval; and 

(B) includes an estimate of the additional time necessary 

before the decision is made. 

(e) EMERGENCY PROCESSING OF SPECIAL PERMITS.— (1) FINDINGS REQUIRED.—The Secretary may not grant a request for emergency processing of a special permit unless the 

Secretary determines that— 

(A) a special permit is necessary for national security 

purposes; 

(B) processing on a routine basis under this section 

would result in significant injury to persons or property; or 

(C) a special permit is necessary to prevent significant 

economic loss or damage to the environment that could not 

be prevented if the application were processed on a routine 

basis. 

(2) WAIVER OF FITNESS TEST.—The Secretary may waive the 

requirement under subsection (a)(2) for a request for which the 

Secretary makes a determination under subparagraph (A) or 

(B) of paragraph (1). 

(3) NOTIFICATION.—Not later than 90 days after the date of 

issuance of a special permit under this subsection, the Secretary 

shall publish a notice in the Federal Register of the issuance 

that includes— 

(A) a statement of the basis for the finding of emergency; 

and 

(B) the scope and duration of the special permit. 

(4) EFFECTIVE PERIOD.—A special permit issued under this 

subsection shall be effective for a period not to exceed 180 days. 

(f) EXCLUSIONS.— (1) IN GENERAL.—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 or 

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) FIREARMS.—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. 

(g) LIMITATION ON AUTHORITY.—Unless the Secretary decides that 

an emergency exists, a person subject to this chapter may only be 

granted a variance from this chapter through a special permit or renewal granted under this section. 

(h) APPROVALS.— (1) FINDINGS REQUIRED.— 

(A) IN GENERAL.—The Secretary may not issue an approval or grant the renewal of an approval pursuant to 

part 107 of title 49, Code of Federal Regulations until the 

Secretary has determined that the person is fit, willing, 


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and able to conduct the activity authorized by the approval 

in a manner that achieves the level of safety required under 

subsection (a)(1). 

(B) CONSIDERATIONS.—In making a determination under 

subparagraph (A), the Secretary shall consider— 

(i) the person’s safety history (including prior compliance history); 

(ii) the person’s accident and incident history; and 

(iii) any other information the Secretary considers 

appropriate to make such a determination. 

(2) REQUIRED DOCUMENTATION.—When applying for an approval or renewal or modification of an approval under this 

section, the Secretary shall require the person to submit an application that contains— 

(A) a detailed description of the person’s request; 

(B) a listing of the persons current facilities and addresses where the approval will be utilized; 

(C) a safety analysis prescribed by the Secretary that justifies the approval; 

(D) documentation to support the safety analysis; 

(E) a certification of safety fitness; and 

(F) the verification of registration required under section 

5108. 

(3) SAVINGS PROVISION.—Nothing in this subsection may be 

construed to require the release of information protected by law 

from public disclosure. 

(i) NONCOMPLIANCE.—The Secretary may modify, suspend, or terminate a special permit or approval if the Secretary determines 

that— 

(1) the person who was granted the special permit or approval has violated the special permit or approval or the regulations issued under this chapter in a manner that demonstrates 

that the person is not fit to conduct the activity authorized by 

the special permit or approval; or 

(2) the special permit or approval is unsafe. 

(j) RULEMAKING.—Not later than 2 years after the date of the enactment of this Act, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations that establish— 

(1) standard operating procedures to support administration 

of the special permit and approval programs; and 

(2) objective criteria to support the evaluation of special permit and approval applications. 

(k) ANNUAL REVIEW OF CERTAIN SPECIAL PERMITS.— 

(1) REVIEW.—The Secretary shall conduct an annual review 

and analysis of special permits— 

(A) to identify consistently used and longstanding special 

permits with an established safety record; and 

(B) to determine whether such permits may be converted 

into the hazardous materials regulations. 

(2) FACTORS.—In conducting the review and analysis under 

paragraph (1), the Secretary may consider— 

(A) the safety record for hazardous materials transported 

under the special permit; 

(B) the application of a special permit; 


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(C) the suitability of provisions in the special permit for 

incorporation into the hazardous materials regulations; 

and 

(D) rulemaking activity in related areas. 

(3) RULEMAKING.—After completing the review and analysis 

under paragraph (1) and providing notice and opportunity for 

public comment, the Secretary shall issue regulations, as needed. 

§ 5118. Hazardous material technical assessment, research 

and development, and analysis program 

(a) RISK REDUCTION.— (1) PROGRAM AUTHORIZED.—The Secretary of Transportation 

may develop and implement a hazardous material technical assessment, research and development, and analysis program for 

the purpose of— 

(A) reducing the risks associated with the transportation 

of hazardous material; and 

(B) identifying and evaluating new technologies to facilitate the safe, secure, and efficient transportation of hazardous material. 

(2) COORDINATION.—In developing the program under paragraph (1), the Secretary shall— 

(A) utilize information gathered from other modal administrations with similar programs; and 

(B) coordinate with other modal administrations, as appropriate. 

(b) COOPERATION.—In carrying out subsection (a), the Secretary 

may work cooperatively with regulated and other entities, including 

shippers, carriers, emergency responders, State and local officials, 

and academic institutions. 

§ 5121. Administrative 

(a) GENERAL AUTHORITY.—To carry out this chapter, the Secretary may investigate, conduct tests, make reports, issue subpenas, conduct hearings, require the production of records and 

property, take depositions, and conduct research, development, 

demonstration, and training activities. Except as provided in subsections (c) and (d), after notice and an opportunity for a hearing, 

the Secretary may issue an order requiring compliance with this 

chapter or a regulation prescribed, or an order, special permit, or 

approval issued, under this chapter. 

(b) RECORDS, REPORTS, AND INFORMATION.—A person subject to 

this chapter shall— 

(1) maintain records and property, make reports, and provide 

information the Secretary by regulation or order requires; and 

(2) make the records, property, reports, and information 

available for inspection when the Secretary undertakes an investigation or makes a request. 

(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); 


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(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; 

øand¿ 

(F) when safety might otherwise be compromised, may 

authorize properly qualified personnel to assist in the activities conducted under this subsectionø.¿; and 

(G) shall provide to the affected offeror, carrier, packaging manufacturer or tester, or other person responsible 

for the package reasonable notice of— 

(i) his or her decision to exercise his or her authority 

under paragraph (1); 

(ii) any findings made; and 

(iii) any actions being taken as a result of a finding 

of noncompliance. 

(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 proVerDate Mar 15 2010 01:43 Apr 27, 2012 Jkt 019010 PO 00000 Frm 00027 Fmt 6659 Sfmt 6601 E:\HR\OC\SR162.XXX SR162

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vision 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-ofservice 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-ofservice 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. 

(3) MATTERS TO BE ADDRESSED.—The regulations issued 

under this subsection shall address— 

(A) the safe and expeditious resumption of transportation 

of perishable hazardous material, including radiopharmaceuticals and other medical products, that may require 

timely delivery due to life-threatening situations; 

(B) the means by which— 

(i) noncompliant packages that present an imminent 

hazard are placed out-of-service until the condition is 

corrected; and 

(ii) noncompliant packages that do not present a hazard are moved to their final destination; 


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(C) appropriate training and equipment for inspectors; 

and 

(D) the proper closure of packaging in accordance with 

the hazardous material regulations. 

(f) FACILITY, STAFF, AND REPORTING SYSTEM ON RISKS, EMER- GENCIES, 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 safety and security of transportation 

of hazardous material; 

(2) to enhance emergency communications capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies 

where appropriate; 

(3) to conduct research, development, demonstration, risk assessment, and emergency response planning and training activities; or 

(4) to otherwise carry out this chapter. 

(h) REPORT.—The Secretary shall, once every 2 years, prepare 

and transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a comprehensive 

report on the transportation of hazardous materials during the preceding 2 calendar years. The report shall include— 

(1) a statistical compilation of accidents and casualties related to the transportation of hazardous material; 

(2) a list and summary of applicable Government regulations, criteria, orders, and special permits; 

(3) a summary of the basis for each special permit; 

(4) an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under 


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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. 

§ 5123. Civil penalty 

(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 ø$50,000¿ $75,000 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 ø$100,000¿ $175,000. 

(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. 


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(g) DEPOSITING AMOUNTS COLLECTED.—Amounts collected under 

this section shall be deposited in the Treasury as miscellaneous receipts. 

(h) PENALTY FOR OBSTRUCTION OF INSPECTIONS AND INVESTIGA- TIONS.—The Secretary may impose a penalty on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under subsection (c) or (i) of section 5121. 

(i) PROHIBITION ON HAZARDOUS MATERIAL OPERATIONS AFTER

NONPAYMENT OF PENALTIES.— (1) IN GENERAL.—Except as provided under paragraph (2), a 

person subject to the jurisdiction of the Secretary under this 

chapter who fails to pay a civil penalty assessed under this 

chapter, or fails to arrange and abide by an acceptable payment 

plan for such civil penalty, may not conduct any activity regulated under this chapter beginning on the 91st day after the 

date specified by order of the Secretary for payment of such penalty unless the person has filed a formal administrative or judicial appeal of the penalty. 

(2) EXCEPTION.—Paragraph (1) shall not apply to any person 

who is unable to pay a civil penalty because such person is a 

debtor in a case under chapter 11 of title 11. 

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

enactment of this subsection, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations that— 

(A) set forth procedures to require a person who is delinquent in paying civil penalties to cease any activity regulated under this chapter until payment has been made or 

an acceptable payment plan has been arranged; and 

(B) ensures that the person described in subparagraph 

(A)— 

(i) is notified in writing; and 

(ii) is given an opportunity to respond before the person is required to cease the activity. 

§ 5125. Preemption 

(a) GENERAL.—Except as provided in subsections (b), (c), and (e) 

of this section and unless authorized by another law of the United 

States, a requirement of a State, political subdivision of a State, or 

Indian tribe is preempted if— 

(1) complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter, a regulation prescribed under this chapter, or a hazardous 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, 

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division 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 and other hazardous materials transportation incident reporting to the 9-1-1 emergency system or involving 

State or local emergency responders in the initial response 

to the incident. (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 


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5112(b), and is published in the Department’s hazardous materials route registry under section 5112(c). 

(2)(A) A highway routing designation, limitation, or requirement established before the date a regulation is prescribed 

under section 5112(b) of this title does not have to comply with 

section 5112(b)(1)(B), (C), and (F). 

(B) This subsection and section 5112 of this title do not require a State or Indian tribe to comply with section 

5112(b)(1)(I) if the highway routing designation, limitation, or 

requirement was established before November 16, 1990. 

(C) The Secretary may allow a highway routing designation, 

limitation, or requirement to continue in effect until a dispute 

related to the designation, limitation, or requirement is resolved under section 5112(d) of this title. 

(d) DECISIONS ON PREEMPTION.— 

(1) A person (including a State, political subdivision of a 

State, or Indian tribe) directly affected by a requirement of a 

State, political subdivision, or tribe may apply to the Secretary, 

as provided by regulations prescribed by the Secretary, for a 

decision on whether the requirement is preempted by subsection (a), (b)(1), or (c) of this section or section 5119(f). The 

Secretary shall publish notice of the application in the Federal 

Register. The Secretary shall issue a decision on an application 

for a determination within 180 days after the date of the publication of the notice of having received such application, or the 

Secretary shall publish a statement in the Federal Register of 

the reason why the Secretary’s decision on the application is 

delayed, along with an estimate of the additional time necessary before the decision is made. After notice is published, an 

applicant may not seek judicial relief on the same or substantially the same issue until the Secretary takes final action on 

the application or until 180 days after the application is filed, 

whichever occurs first. 

(2) After consulting with States, political subdivisions of 

States, and Indian tribes, the Secretary shall prescribe regulations for carrying out paragraph (1) of this subsection. 

(3) Subsection (a) of this section does not prevent a State, political subdivision of a State, or Indian tribe, or another person 

directly affected by a requirement, from seeking a decision on 

preemption from a court of competent jurisdiction instead of 

applying to the Secretary under paragraph (1) of this subsection. 

(e) WAIVER OF PREEMPTION.—A State, political subdivision of a 

State, or Indian tribe may apply to the Secretary for a waiver of 

preemption of a requirement the State, political subdivision, or 

tribe acknowledges is preempted by subsection (a), (b)(1), or (c) of 

this section or section 5119(f). Under a procedure the Secretary 

prescribes by regulation, the Secretary may waive preemption on 

deciding the requirement— 

(1) provides the public at least as much protection as do requirements of this chapter and regulations prescribed under 

this chapter; and 

(2) is not an unreasonable burden on commerce. 

(f) FEES.— 


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(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 shallø, upon the Secretary’s request,¿ biennially 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 (a), (b)(1), or (c), and in section 

5119(f), is independent in its application to a requirement of a 

State, political subdivision of a State, or Indian tribe. 

(h) NON-FEDERAL ENFORCEMENT STANDARDS.—This section does 

not apply to any procedure, penalty, required mental state, or other 

standard utilized by a State, political subdivision of a State, or Indian tribe to enforce a requirement applicable to the transportation 

of hazardous material. 

ø§ 5128. Authorizations of appropriations 

ø(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: 

ø(1) For fiscal year 2005, $24,940,000. 

ø(2) For fiscal year 2006, $29,000,000. 

ø(3) For fiscal year 2007, $30,000,000. 

ø(4) For fiscal year 2008, $30,000,000. 

ø(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: 

ø(1) To carry out section 5115, $200,000. 

ø(2) To carry out sections 5116(a) and (b), $21,800,000 to be 

allocated as follows: 

ø(A) $5,000,000 to carry out section 5116(a). 

ø(B) $7,800,000 to carry out section 5116(b). 

ø(C) Of the amount provided for by this paragraph for 

a fiscal year in excess of the suballocations in subparagraphs (A) and (B)— 

ø(i) 35 percent shall be used to carry out section 

5116(a); and 

ø(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 


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uses of these funds as described in the applications submitted by States and Indian tribes. 

ø(3) To carry out section 5116(f), $150,000. 

ø(4) To publish and distribute the Emergency Response 

Guidebook under section 5116(i)(3), $625,000. 

ø(5) To carry out section 5116(j), $1,000,000. 

ø(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. 

ø(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. 

ø(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. 

ø(f) AVAILABILITY OF AMOUNTS.—Amounts made available by or 

under this section remain available until expended.¿ 

§ 5128. Authorization of appropriations 

(a) IN GENERAL.—There are authorized to be appropriated to the 

Secretary to carry out this chapter (except sections 5107(e), 

5108(g)(2), 5113, 5115, 5116, and 5119)— 

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

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

(b) HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS FUND.— 

From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend, during 

each of fiscal years 2012 and 2013— 

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

(2) $21,800,000 to carry out subsections (a) and (b) of section 

5116, of which not less than $13,650,000 shall be available to 

carry out section 5116(b); 

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

(4) $625,000 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and 

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

(c) HAZARDOUS MATERIALS TRAINING GRANTS.—From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(i), the Secretary may expend $4,000,000 for each 

of the fiscal years 2012 and 2013 to carry out section 5107(e). 

(d) CREDITS TO APPROPRIATIONS.— 

(1) EXPENSES.—In addition to amounts otherwise made 

available to carry out this chapter, the Secretary may credit 

amounts 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. 

(2) AVAILABILITY OF AMOUNTS.—Amounts made available 

under this section shall remain available until expended. 

Æ 


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