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[Senate Report 112-162]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 368

112th Congress                                                   Report
 2d Session                      SENATE                         112-162
                                                                
_______________________________________________________________________

                                     

    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

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                      one hundred twelfth congress

                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  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

                                                       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

                                 REPORT

                         [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 explosive, poisonous, 
corrosive, flammable, and radioactive substances. 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 
        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 
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.

                            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).

----------------------------------------------------------------------------------------------------------------
                                                             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 
private-sector 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 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''.

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 transportation 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 non-imminent 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 
modify, 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.--
          (1) The Secretary, in consultation with the States, 
        shall prescribe by regulation standards for States and 
        Indian tribes to use in carrying out subsection (a) of 
        this section. The standards shall include--
                  (A) a requirement that a highway routing 
                designation, limitation, or requirement of a 
                State or Indian tribe shall enhance public 
                safety in the area subject to the jurisdiction 
                of the State or tribe and in areas of the 
                United States not subject to the jurisdiction 
                of the State or tribe and directly affected by 
                the designation, limitation, or requirement;
                  (B) minimum procedural requirements to ensure 
                public participation when the State or Indian 
                tribe is establishing a highway routing 
                designation, limitation, or requirement;
                  (C) a requirement that, in establishing a 
                highway routing designation, limitation, or 
                requirement, a State or Indian tribe consult 
                with appropriate State, local, and tribal 
                officials having jurisdiction over areas of the 
                United States not subject to the jurisdiction 
                of that State or tribe establishing the 
                designation, limitation, or requirement and 
                with affected industries;
                  (D) a requirement that a highway routing 
                designation, limitation, or requirement of a 
                State or Indian tribe shall ensure through 
                highway routing for the transportation of 
                hazardous material between adjacent areas;
                  (E) a requirement that a highway routing 
                designation, limitation, or requirement of one 
                State or Indian tribe affecting the 
                transportation of hazardous material in another 
                State or tribe may be established, maintained, 
                and enforced by the State or tribe establishing 
                the designation, limitation, or requirement 
                only if--
                          (i) the designation, limitation, or 
                        requirement is agreed to by the other 
                        State or tribe within a reasonable 
                        period or is approved by the Secretary 
                        under subsection (d) of this section; 
                        and
                          (ii) the designation, limitation, or 
                        requirement is not an unreasonable 
                        burden on commerce;
                  (F) a requirement that establishing a highway 
                routing designation, limitation, or requirement 
                of a State or Indian tribe be completed in a 
                timely way;
                  (G) a requirement that a highway routing 
                designation, limitation, or requirement of a 
                State or Indian tribe provide reasonable routes 
                for motor vehicles transporting hazardous 
                material to reach terminals, facilities for 
                food, fuel, repairs, and rest, and places to 
                load and unload hazardous material;
                  (H) a requirement that a State be 
                responsible--
                          (i) for ensuring that political 
                        subdivisions of the State comply with 
                        standards prescribed under this 
                        subsection in establishing, 
                        maintaining, and enforcing a highway 
                        routing designation, limitation, or 
                        requirement; and
                          (ii) for resolving a dispute between 
                        political subdivisions; and
                  (I) a requirement that, in carrying out 
                subsection (a) of this section, a State or 
                Indian tribe shall consider--
                          (i) population densities;
                          (ii) the types of highways;
                          (iii) the types and amounts of 
                        hazardous material;
                          (iv) emergency response capabilities;
                          (v) the results of consulting with 
                        affected persons;
                          (vi) exposure and other risk factors;
                          (vii) terrain considerations;
                          (viii) the continuity of routes;
                          (ix) alternative routes;
                          (x) the effects on commerce;
                          (xi) delays in transportation; and
                          (xii) other factors the Secretary 
                        considers appropriate.
          (2) The Secretary may not assign a specific weight 
        that a State or Indian tribe shall use when considering 
        the factors under paragraph (1)(I) of this subsection.
  (c) List of Route Designations.--[In coordination]
          (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 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 [basic] courses and minimum 
                number of hours of instruction necessary for 
                public sector employees to be able to respond 
                safely and efficiently to an accident or 
                incident involving the transportation of 
                hazardous material and to plan those responses; 
                and
                  (C) appropriate emergency response training 
                and planning programs for public sector 
                employees developed with Federal financial 
                assistance, including programs developed with 
                grants made under section 126(g) of the 
                Superfund Amendments and Reauthorization Act of 
                1986 (42 U.S.C. 9660a); and
          (2) may include recommendations on material 
        appropriate for use in a recommended [basic] course 
        described in clause (1)(B) of this subsection.
  (c) Training on Complying With Legal Requirements.--A 
recommended [basic] course described in subsection (b)(1)(B) of 
this section shall provide the training necessary for public 
sector employees to comply with--
          (1) regulations related to hazardous waste operations 
        and emergency response contained in part 1910 of title 
        29, Code of Federal Regulations, prescribed by the 
        Secretary of Labor;
          (2) regulations related to worker protection 
        standards for hazardous waste operations contained in 
        part 311 of title 40, Code of Federal Regulations, 
        prescribed by the Administrator; and
          (3) standards related to emergency response training 
        prescribed by the National Fire Protection Association 
        and such other voluntary consensus standard-setting 
        organizations as the Secretary of Transportation 
        determines appropriate.
  (d) Distribution and Publication.--With the National Response 
Team--
          (1) the Secretary shall distribute the curriculum and 
        any updates to the curriculum to the regional response 
        teams and all committees and commissions established 
        under section 301 of the Emergency Planning and 
        Community Right-To-Know Act of 1986 (42 U.S.C. 11001); 
        and
          (2) the Secretary may publish and distribute a list 
        of programs and courses maintained and updated under 
        this section and of any programs utilizing such 
        courses.

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-To-Know Act of 1986 (42 
                U.S.C. 11001 et seq.), including ascertaining 
                flow patterns of hazardous material on lands 
                under the jurisdiction of a State or Indian 
                tribe, and between lands under the jurisdiction 
                of a State or Indian tribe and lands of another 
                State or Indian tribe; and
                  (B) to decide on the need for a regional 
                hazardous material emergency response team.
          (2) The Secretary may make a grant to a State or 
        Indian tribe under paragraph (1) of this subsection in 
        a fiscal year only if--
                  (A) the State or Indian tribe certifies that 
                the total amount the State or Indian tribe 
                expends (except amounts of the United States 
                Government) to develop, improve, and carry out 
                emergency plans under the Act will at least 
                equal the average level of expenditure for the 
                last 5 fiscal years; and
                  (B) the State agrees to make available at 
                least 75 percent of the amount of the grant 
                under paragraph (1) of this subsection in the 
                fiscal year to local emergency planning 
                committees established under section 301(c) of 
                the Act (42 U.S.C. 11001(c)) to develop 
                emergency plans under the Act.
          (3) A State or Indian tribe receiving a grant under 
        this subsection shall ensure that planning under the 
        grant is coordinated with emergency planning conducted 
        by adjacent States and Indian tribes.
  (b) Training Grants.--
          (1) The Secretary shall make grants to States and 
        Indian tribes to train public sector employees to 
        respond to accidents and incidents involving hazardous 
        material. 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
                  (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 radioactive material, the Federal Radiological 
Preparedness Coordinating Committee.
  (g) Delegation of Authority.--To minimize administrative 
costs and to coordinate Federal financial assistance for 
emergency response training and planning, the Secretary may 
delegate to the Directors of the Federal Emergency Management 
Agency and National Institute of Environmental Health Sciences, 
Chairman of the Nuclear Regulatory Commission, Administrator of 
the Environmental Protection Agency, and Secretaries of Labor 
and Energy any of the following:
          (1) authority to receive applications for grants 
        under this section.
          (2) authority to review applications for technical 
        compliance with this section.
          (3) authority to review applications to recommend 
        approval or disapproval.
          (4) any other ministerial duty associated with grants 
        under this section.
  (h) Minimizing Duplication of Effort and Expenses.--The 
Secretaries of Transportation, Labor, and Energy, Directors of 
the Federal Emergency Management Agency and National Institute 
of Environmental Health Sciences, Chairman of the Nuclear 
Regulatory Commission, and Administrator of the Environmental 
Protection Agency shall review periodically, with the head of 
each department, agency, or instrumentality of the Government, 
all emergency response and preparedness training programs of 
that department, agency, or instrumentality to minimize 
duplication of effort and expense of the department, agency, or 
instrumentality in carrying out the programs and shall take 
necessary action to minimize duplication.
  (i) Annual Registration Fee Account and Its Uses.--The 
Secretary of the Treasury shall establish an account in the 
Treasury (to be known as the ``Hazardous Materials Emergency 
Preparedness Fund'') into which the Secretary of the Treasury 
shall deposit amounts the Secretary of Transportation transfers 
to the Secretary of the Treasury under section 5108(g)(2)(C) of 
this title. Without further appropriation, amounts in the 
account are available--
          (1) to make grants under this section;
          (2) to monitor and provide technical assistance under 
        subsection (f) of this section;
          (3) to publish and distribute an emergency response 
        guide; and
          (4) to pay administrative costs of carrying out this 
        section and sections 5108(g)(2) and 5115 of this title, 
        except that not more than 2 percent of the amounts made 
        available from the account in a fiscal year may be used 
        to pay those costs.
  (j) Supplemental Training Grants.--
          (1) In order to further the purposes of subsection 
        (b), the Secretary shall, subject to the availability 
        of funds, make grants to national nonprofit employee 
        organizations engaged solely in fighting fires for the 
        purpose of training instructors to conduct hazardous 
        materials response training programs for individuals 
        with statutory responsibility to respond to hazardous 
        materials accidents and incidents.
          (2) For the purposes of this subsection the 
        Secretary, after consultation with interested 
        organizations, shall--
                  (A) identify regions or locations in which 
                fire departments or other organizations which 
                provide emergency response to hazardous 
                materials transportation accidents and 
                incidents are in need of hazardous materials 
                training; and
                  (B) prioritize such needs and develop a means 
                for identifying additional specific training 
                needs.
          (3) Funds granted to an organization under this 
        subsection shall only be used--
                  (A) to train instructors to conduct hazardous 
                materials response training programs;
                  (B) to purchase training equipment used 
                exclusively to train instructors to conduct 
                such training programs; and
                  (C) to disseminate such information and 
                materials as are necessary for the conduct of 
                such training programs.
          (4) The Secretary may only make a grant to an 
        organization under this subsection in a fiscal year if 
        the organization enters into an agreement with the 
        Secretary to train instructors to conduct hazardous 
        materials response training programs in such fiscal 
        year that will use--
                  (A) a course or courses developed or 
                identified under section 5115 of this title; or
                  (B) other courses which the Secretary 
                determines are consistent with the objectives 
                of this subsection;
        for training individuals with statutory responsibility 
        to respond to accidents and incidents involving 
        hazardous materials. Such agreement also shall provide 
        that training courses shall be open to all such 
        individuals on a nondiscriminatory basis.
          (5) The Secretary may 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.
          [(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 [annually] 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 [information]. The report submitted 
under this subsection shall include information on the 
allocation and uses of the planning grants allocated under 
subsection (a), training grants under subsection (b), and 
grants under subsection (j) of this section and under section 
5107. [The report shall identify the ultimate recipients of 
training grants and include a detailed accounting of all grant 
expenditures by grant recipients, the number of persons trained 
under the grant programs, and an evaluation of the efficacy of 
training programs carried out.] 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.

[5117. Special permits and exclusions

  [(a) Authority to Issue Special Permits.--
          [(1) As provided under procedures prescribed by 
        regulation, the Secretary may issue, modify, or 
        terminate a special permit authorizing a variance from 
        this chapter or a regulation prescribed under section 
        5103(b), 5104, 5110, or 5112 of this title to a person 
        performing a function regulated by the Secretary under 
        section 5103(b)(1) in a way that achieves a safety 
        level--
                  [(A) at least equal to the safety level 
                required under this chapter; or
                  [(B) consistent with the public interest and 
                this chapter, if a required safety level does 
                not exist.
          [(2) A special permit issued under this section shall 
        be effective for an initial period of not more than 2 
        years and may be renewed by the Secretary upon 
        application for successive periods of not more than 4 
        years each or, in the case of a special permit relating 
        to section 5112, for an additional period of not more 
        than 2 years.
  [(b) Applications.--When applying for a special permit or 
renewal of a special permit under this section, the person must 
provide a safety analysis prescribed by the Secretary that 
justifies the special permit. The Secretary shall publish in 
the Federal Register notice that an application for a special 
permit has been filed and shall give the public an opportunity 
to inspect the safety analysis and comment on the application. 
This subsection does not require the release of information 
protected by law from public disclosure.
  [(c) Applications to be Dealt with Promptly.--The Secretary 
shall issue or renew the special permit for which an 
application was filed or deny such issuance or renewal within 
180 days after the first day of the month following the date of 
the filing of such application, or the Secretary shall publish 
a statement in the Federal Register of the reason why the 
Secretary's decision on the special permit is delayed, along 
with an estimate of the additional time necessary before the 
decision is made.
  [(d) Exclusions.--
          [(1) The Secretary shall exclude, in any part, from 
        this chapter and regulations prescribed under this 
        chapter--
                  [(A) a public vessel (as defined in section 
                2101 of title 46);
                  [(B) a vessel exempted under section 3702 of 
                title 46 from chapter 37 of title 46; and
                  [(C) a vessel to the extent it is regulated 
                under the Ports and Waterways Safety Act of 
                1972 (33 U.S.C. 1221 et seq.).
          [(2) This chapter and regulations prescribed under 
        this chapter do not prohibit--
                  [(A) or regulate transportation of a firearm 
                (as defined in section 232 of title 18), or 
                ammunition for a firearm, by an individual for 
                personal use; or
                  [(B) transportation of a firearm or 
                ammunition in commerce.
  [(e) Limitation on Authority.--Unless the Secretary decides 
that an emergency exists, a special permit or renewal granted 
under this section is the only way a person subject to this 
chapter may be granted a variance from this chapter.]

Sec. 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
                          (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--
                  (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, 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;
                  (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.

Sec. 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);
                  (B) except in the case of packaging 
                immediately adjacent to its hazardous material 
                contents, may gain access to, open, and examine 
                a package offered for, or in, transportation 
                when the officer, employee, or agent has an 
                objectively reasonable and articulable belief 
                that the package may contain a hazardous 
                material;
                  (C) may remove from transportation a package 
                or related packages in a shipment offered for 
                or in transportation for which--
                          (i) such officer, employee, or agent 
                        has an objectively reasonable and 
                        articulable belief that the package may 
                        pose an imminent hazard; and
                          (ii) such officer, employee, or agent 
                        contemporaneously documents such belief 
                        in accordance with procedures set forth 
                        in guidance or regulations prescribed 
                        under subsection (e);
                  (D) may gather information from the offeror, 
                carrier, packaging manufacturer or tester, or 
                other person responsible for the package, to 
                ascertain the nature and hazards of the 
                contents of the package;
                  (E) as necessary, under terms and conditions 
                specified by the Secretary, may order the 
                offeror, carrier, packaging manufacturer or 
                tester, or other person responsible for the 
                package to have the package transported to, 
                opened, and the contents examined and analyzed, 
                at a facility appropriate for the conduct of 
                such examination and analysis; [and]
                  (F) when safety might otherwise be 
                compromised, may authorize properly qualified 
                personnel to assist in the activities conducted 
                under this subsection[.]; 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 provision of this chapter, or a 
        regulation prescribed under this chapter, or an unsafe 
        condition or practice, constitutes or is causing an 
        imminent hazard, the Secretary may issue or impose 
        emergency restrictions, prohibitions, recalls, or out-
        of-service orders, without notice or an opportunity for 
        a hearing, but only to the extent necessary to abate 
        the imminent hazard.
          (2) Written orders.--The action of the Secretary 
        under paragraph (1) shall be in a written emergency 
        order that--
                  (A) describes the violation, condition, or 
                practice that constitutes or is causing the 
                imminent hazard;
                  (B) states the restrictions, prohibitions, 
                recalls, or out-of-service orders issued or 
                imposed; and
                  (C) describes the standards and procedures 
                for obtaining relief from the order.
          (3) Opportunity for review.--After taking action 
        under paragraph (1), the Secretary shall provide for 
        review of the action under section 554 of title 5 if a 
        petition for review is filed within 20 calendar days of 
        the date of issuance of the order for the action.
          (4) Expiration of effectiveness of order.--If a 
        petition for review of an action is filed under 
        paragraph (3) and the review under that paragraph is 
        not completed by the end of the 30-day period beginning 
        on the date the petition is filed, the action shall 
        cease to be effective at the end of such period unless 
        the Secretary determines, in writing, that the imminent 
        hazard providing a basis for the action continues to 
        exist.
          (5) Out-of-service order defined.--In this 
        subsection, the term ``out-of-service order'' means a 
        requirement that an aircraft, vessel, motor vehicle, 
        train, railcar, locomotive, other vehicle, transport 
        unit, transport vehicle, freight container, potable 
        tank, or other package not be moved until specified 
        conditions have been met.
  (e) Regulations.--
          (1) Temporary regulations.--Not later than 60 days 
        after the date of enactment of the Hazardous Materials 
        Transportation Safety and Security Reauthorization Act 
        of 2005, the Secretary shall issue temporary 
        regulations to carry out subsections (c) and (d). The 
        temporary regulations shall expire on the date of 
        issuance of the regulations under paragraph (2).
          (2) Final regulations.--Not later than 1 year after 
        such date of enactment, the Secretary shall issue 
        regulations to carry out subsections (c) and (d) in 
        accordance with subchapter II of chapter 5 of title 5.
          (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;
                  (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, 
Emergencies, and Actions.--
          (1) The Secretary shall--
                  (A) maintain a facility and technical staff 
                sufficient to provide, within the United States 
                Government, the capability of evaluating a risk 
                related to the transportation of hazardous 
                material and material alleged to be hazardous;
                  (B) maintain a central reporting system and 
                information center capable of providing 
                information and advice to law enforcement and 
                firefighting personnel, other interested 
                individuals, and officers and employees of the 
                Government and State and local governments on 
                meeting an emergency related to the 
                transportation of hazardous material; and
                  (C) conduct a continuous review on all 
                aspects of transporting hazardous material to 
                decide on and take appropriate actions to 
                ensure safe transportation of hazardous 
                material.
          (2) Paragraph (1) of this subsection does not prevent 
        the Secretary from making a contract with a private 
        entity for use of a supplemental reporting system and 
        information center operated and maintained by the 
        contractor.
  (g) Grants and Cooperative Agreements.--The Secretary may 
enter into grants and cooperative agreements with a person, 
agency, or instrumentality of the United States, a unit of 
State or local government, an Indian tribe, a foreign 
government (in coordination with the Department of State), an 
educational institution, or other appropriate entity--
          (1) to expand risk assessment and emergency response 
        capabilities with respect to the 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 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 [$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 
        [$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.
  (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 
Investigations.--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, regulation, order, or other 
        requirement of a State, political subdivision of a 
        State, or Indian tribe about any of the following 
        subjects, that is not substantively the same as a 
        provision of this chapter, a regulation prescribed 
        under this chapter, or a hazardous materials 
        transportation security regulation or directive issued 
        by the Secretary of Homeland Security, is preempted:
                  (A) the designation, description, and 
                classification of hazardous material.
                  (B) the packing, repacking, handling, 
                labeling, marking, and placarding of hazardous 
                material.
                  (C) the preparation, execution, and use of 
                shipping documents related to hazardous 
                material and requirements related to the 
                number, contents, and placement of those 
                documents.
                  (D) the written notification, recording, and 
                reporting of the unintentional release in 
                transportation of hazardous material 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 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.--
          (1) A State, political subdivision of a State, or 
        Indian tribe may impose a fee related to transporting 
        hazardous material only if the fee is fair and used for 
        a purpose related to transporting hazardous material, 
        including enforcement and planning, developing, and 
        maintaining a capability for emergency response.
          (2) A State or political subdivision thereof or 
        Indian tribe that levies a fee in connection with the 
        transportation of hazardous materials shall[, upon the 
        Secretary's request,] 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.

[5128. Authorizations of appropriations

  [(a) In General.--In order to carry out this chapter (except 
sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119), the 
following amounts are authorized to be appropriated to the 
Secretary:
          [(1) For fiscal year 2005, $24,940,000.
          [(2) For fiscal year 2006, $29,000,000.
          [(3) For fiscal year 2007, $30,000,000.
          [(4) For fiscal year 2008, $30,000,000.
  [(b) Hazardous Materials Emergency Preparedness Fund.--There 
shall be available to the Secretary, from the account 
established pursuant to section 5116(i), for each of fiscal 
years 2005 through 2008 the following:
          [(1) To carry out section 5115, $200,000.
          [(2) To carry out sections 5116(a) and (b), 
        $21,800,000 to be allocated as follows:
                  [(A) $5,000,000 to carry out section 5116(a).
                  [(B) $7,800,000 to carry out section 5116(b).
                  [(C) Of the amount provided for by this 
                paragraph for a fiscal year in excess of the 
                suballocations in subparagraphs (A) and (B)--
                          [(i) 35 percent shall be used to 
                        carry out section 5116(a); and
                          [(ii) 65 percent shall be used to 
                        carry out section 5116(b),
                except that the Secretary may increase the 
                proportion to carry out section 5116(b) and 
                decrease the proportion to carry out section 
                5116(a) if the Secretary determines that such 
                reallocation is appropriate to carry out the 
                intended uses of these funds as described in 
                the applications submitted by States and Indian 
                tribes.
          [(3) To carry out section 5116(f), $150,000.
          [(4) To publish and distribute the Emergency Response 
        Guidebook under section 5116(i)(3), $625,000.
          [(5) To carry out section 5116(j), $1,000,000.
  [(c) Hazmat Training Grants.--There shall be available to the 
Secretary, from the account established pursuant to section 
5116(i), to carry out section 5107(e) $4,000,000 for each of 
fiscal years 2005 through 2008.
  [(d) Issuance of Hazmat Licenses.--There are authorized to be 
appropriated for the Department of Transportation such amounts 
as may be necessary to carry out section 5103a.
  [(e) Credits to Appropriations.--The Secretary may credit to 
any appropriation to carry out this chapter an amount received 
from a State, Indian tribe, or other public authority or 
private entity for expenses the Secretary incurs in providing 
training to the State, authority, or entity.
  [(f) Availability of Amounts.--Amounts made available by or 
under this section remain available until expended.]

Sec. 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.

                                  
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