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49 U.S.C. § 1117 (TRANSPORTATION)
§ 1117. Annual report
The National Transportation Safety Board shall submit a report to Congress on July 1 of each year. The report shall include—
(1) a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the prior calendar year;
(2) a survey and summary of the recommendations made by the Board to reduce the likelihood of recurrence of those accidents together with the observed response to each recommendation;
(3) a detailed appraisal of the accident investigation and accident prevention activities of other departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities having responsibility for those activities under a law of the United States or a State;
(4) a description of the activities and operations of the National Transportation Safety Board Academy during the prior calendar year;
(5) a list of accidents, during the prior calendar year, that the Board was required to investigate under section 1131 but did not investigate and an explanation of why they were not investigated; and
(6) a list of ongoing investigations that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such investigation.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751; Pub. L. 104–66, title II, § 2151, Dec. 21, 1995, 109 Stat. 731; Pub. L. 109–443, § 2(a)(1), Dec. 21, 2006, 120 Stat. 3297.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1117
49 App.:1904.
Jan. 3, 1975, Pub. L. 93–633, § 305, 88 Stat. 2171.
In this section, before clause (1), the words “but need not be limited to” are omitted as surplus. In clause (2), the words “in such detail as the Board deems advisable” are omitted as surplus. In clause (3), the words “departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities” are substituted for “other government agencies” for clarity and consistency in the revised title and with other titles of the United States Code. The words “for those activities” are substituted for “in this field” for clarity. In clause (4), the word “evaluation” is substituted for “appraisal and evaluation and review” because it is inclusive.
heading: Amendments
text: 2006—Pars. (4) to (6). Pub. L. 109–443 added pars. (4) to (6).
1995—Par. (4). Pub. L. 104–66 struck out par. (4) which read as follows: “an evaluation conducted every 2 years of transportation safety and recommendations for legislative and administrative action and change.”
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 9th item on page 185 identifies a reporting provision which, as subsequently amended, is contained in this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
49 U.S.C. § 1133 (TRANSPORTATION)
§ 1133. Review of other agency action
The National Transportation Safety Board shall review on appeal—
(1) the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title;
(2) the revocation of a certificate of registration under section 44106 of this title;
(3) a decision of the head of the department in which the Coast Guard is operating on an appeal from the decision of an administrative law judge denying, revoking, or suspending a license, certificate, document, or register in a proceeding under section 6101, 6301, or 7503, chapter 77, or section 9303 of title 46; and
(4) under section 46301(d)(5) of this title, an order imposing a penalty under section 46301.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 754.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1133(1)–(3)
49 App.:1903(a)(9).
Jan. 3, 1975, Pub. L. 93–633, § 304(a)(9), 88 Stat. 2169; Oct. 19, 1984, Pub. L. 98–499, § 4(b), 98 Stat. 2315.
1133(4)
(no source).
In clause (1), the word “certificate” is substituted for “operating certificate” for consistency in the revised title. The words “or license” are omitted as unnecessary because only certificates are issued under the sections cited in this section.
In clause (3), the words “head of the department in which the Coast Guard is operating” are substituted for “Commandant of the Coast Guard” for consistency with 14:5 and 46:2101(34).
Clause (4) is added to reflect all the appellate responsibilities of the National Transportation Safety Board.
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
49 U.S.C. § 1137 (TRANSPORTATION)
§ 1137. Authority of the Inspector General
(a) In General.—
The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management, property management, and business operations of the National Transportation Safety Board, including internal accounting and administrative control systems, to determine compliance with applicable Federal laws, rules, and regulations.
(b) Duties.—
In carrying out this section, the Inspector General shall—
(1) keep the Chairman of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board;
(2) issue findings and recommendations for actions to address such problems; and
(3) report periodically to Congress on any progress made in implementing actions to address such problems.
(c) Access to Information.—
In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Authorizations of Appropriations.—
(1) Funding.—
There are authorized to be appropriated to the Secretary of Transportation for use by the Inspector General of the Department of Transportation such sums as may be necessary to cover expenses associated with activities pursuant to the authority exercised under this section.
(2) Reimbursable agreement.—
In the absence of an appropriation under this subsection for an expense referred to in paragraph (1), the Inspector General and the Board shall have a reimbursable agreement to cover such expense.
(Added Pub. L. 106–424, § 12(a), Nov. 1, 2000, 114 Stat. 1887; amended Pub. L. 109–443, § 4, Dec. 21, 2006, 120 Stat. 3299.)
heading: References in Text
text: Section 6 of the Inspector General Act of 1978, referred to in subsec. (c), is section 6 of Pub. L. 95–452, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Amendments
text: 2006—Subsec. (d). Pub. L. 109–443 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.”
49 U.S.C. § 1138 (TRANSPORTATION)
§ 1138. Evaluation and audit of National Transportation Safety Board
(a) In General.—
To promote economy, efficiency, and effectiveness in the administration of the programs, operations, and activities of the National Transportation Safety Board, the Comptroller General of the United States shall evaluate and audit the programs and expenditures of the National Transportation Safety Board. Such evaluation and audit shall be conducted at least annually, but may be conducted as determined necessary by the Comptroller General or the appropriate congressional committees.
(b) Responsibility of Comptroller General.—
The Comptroller General shall evaluate and audit Board programs, operations, and activities, including—
(1) information management and security, including privacy protection of personally identifiable information;
(2) resource management;
(3) workforce development;
(4) procurement and contracting planning, practices and policies;
(5) the extent to which the Board follows leading practices in selected management areas; and
(6) the extent to which the Board addresses management challenges in completing accident investigations.
(c) Appropriate Congressional Committees.—
For purposes of this section the term “appropriate congressional committees” means the Committee on Commerce, Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(Added Pub. L. 109–443, § 5(a), Dec. 21, 2006, 120 Stat. 3299.)
49 U.S.C. § 1152 (TRANSPORTATION)
§ 1152. Joinder and intervention in aviation proceedings
A person interested in or affected by a matter under consideration in a proceeding or a civil action to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title, or a regulation prescribed or order issued under any of those sections, may be joined as a party or permitted to intervene in the proceeding or civil action.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 756.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1152
49 App.:1489.
Aug. 23, 1958, Pub. L. 85–726, § 1009, 72 Stat. 796.
49 App.:1655(d) (1st sentence).
Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
49 App.:1903(a)(1)(A).
Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), 88 Stat. 2168.
The words “civil action” are substituted for “proceedings . . . begun originally in any court of the United States” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title” are substituted for “the provisions of this chapter” in 49 App.:1489 because 49 App.:1489 is taken from 49 App.:ch. 20 and the sections in quotations restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transportation Safety Board. The remaining relevant provisions of 49 App.:ch. 20 are restated in part A of subtitle VII of the revised title, and provisions comparable to this section are included as section 46109 of the revised title. The word “rule” is omitted as being synonymous with “regulation”. The word “requirement” is omitted as included in “order”. The words “or any term, condition, or limitation of any certificate or permit” are omitted because the Board does not have authority to issue certificates or permits. The words “may be joined as a party or permitted to intervene” are substituted for “it shall be lawful to include as parties, or to permit the intervention of” for clarity. The text of 49 App.:1489 (words after semicolon) is omitted as surplus.
49 U.S.C. § 5104 (TRANSPORTATION)
§ 5104. Representation and tampering
(a) Representation.—
A person may represent, by marking or otherwise, that—
(1) a package, component of a package, or packaging for transporting hazardous material is safe, certified, or complies with this chapter only if the package, component of a package, or packaging meets the requirements of each applicable regulation prescribed under this chapter; or
(2) hazardous material is present in a package, container, motor vehicle, rail freight car, aircraft, or vessel only if the material is present.
(b) Tampering.—
No person may alter, remove, destroy, or otherwise tamper unlawfully with—
(1) a marking, label, placard, or description on a document required under this chapter or a regulation prescribed under this chapter; or
(2) a package, component of a package, or packaging, container, motor vehicle, rail freight car, aircraft, or vessel used to transport hazardous material.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103–311, title I, § 117(b), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 103–429, § 6(4), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109–59, title VII, § 7106, Aug. 10, 2005, 119 Stat. 1897.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5104(a)
49 App.:1804(e).
Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 105(e), (f); added Nov. 16, 1990, Pub. L. 101–615, § 5, 104 Stat. 3252.
5104(b)
49 App.:1804(f).
In subsection (a)(1), the words “the requirements of” and “applicable” are omitted as surplus.
In subsection (b), before clause (1), the word “deface” is omitted as surplus.
heading: Pub. L. 103–429
text: This amends 49:5104(a)(1) to clarify the restatement of 49 App.:1804(e)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 761).
heading: Amendments
text: 2005—Subsec. (a)(1). Pub. L. 109–59, § 7106(a), substituted “a package, component of a package, or packaging for” for “a container, package, or packaging (or a component of a container, package, or packaging) for” and “the package, component of a package, or packaging meets” for “the container, package, or packaging (or a component of a container, package, or packaging) meets”.
Subsec. (b). Pub. L. 109–59, § 7106(b)(1), substituted “No person may” for “A person may not” in introductory provisions.
Subsec. (b)(2). Pub. L. 109–59, § 7106(b)(2), inserted “component of a package, or packaging,” after “package,”.
1994—Subsec. (a)(1). Pub. L. 103–429 inserted “applicable” after “each”.
Pub. L. 103–311 substituted “, package, or packaging (or a component of a container, package, or packaging)” for “or package” in two places.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
49 U.S.C. § 5106 (TRANSPORTATION)
§ 5106. Handling criteria
The Secretary may prescribe criteria for handling hazardous material, including—
(1) a minimum number of personnel;
(2) minimum levels of training and qualifications for personnel;
(3) the kind and frequency of inspections;
(4) equipment for detecting, warning of, and controlling risks posed by the hazardous material;
(5) specifications for the use of equipment and facilities used in handling and transporting the hazardous material; and
(6) a system of monitoring safety procedures for transporting the hazardous material.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 763; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5106
49 App.:1805(a).
Jan. 3, 1975, Pub. L. 93–633, § 106(a), 88 Stat. 2157.
Before clause (1), the text of 49 App.:1805(a) (last sentence) is omitted as being included in “prescribe”. In clause (4), the words “to be used” are omitted as surplus. In clause (6), the word “assurance” is omitted as surplus.
heading: Amendments
text: 2005—Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
49 U.S.C. § 5111 (TRANSPORTATION)
[§ 5111. Repealed. Pub. L. 109–59, title VII, § 7111, Aug. 10, 2005, 119 Stat. 1899]
text: Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 769, related to use of rail tank cars built before Jan. 1, 1971, to transport hazardous material in commerce.
49 U.S.C. § 5113 (TRANSPORTATION)
§ 5113. Unsatisfactory safety rating
A violation of section 31144(c)(3) shall be considered a violation of this chapter, and shall be subject to the penalties in sections 5123 and 5124.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 771; Pub. L. 105–178, title IV, § 4009(b), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title VII, § 7112(a), Aug. 10, 2005, 119 Stat. 1899.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5113(a)
49 App.:1814(a).
Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117; added Nov. 3, 1990, Pub. L. 101–500, § 15(b)(1), 104 Stat. 1218.
5113(b)
49 App.:1814(b).
5113(c)
49 App.:1814(c).
5113(d)
49 App.:2501 (note).
Nov. 3, 1990, Pub. L. 101–500, § 15(b)(2), 104 Stat. 1219.
In subsections (a) and (c), the words “individuals” is substituted for “passengers, including the driver” for clarity and consistency.
In subsection (a), before clause (1), the words “Effective January 1, 1991” are omitted as obsolete. The words “to take such action as may be necessary ” are omitted as surplus.
In subsection (b), the words “from the Secretary” and “conditions and other” are omitted as surplus.
In subsection (d), the words “Not later than 1 year after the date of enactment of this Act” are omitted as obsolete.
heading: Amendments
text: 2005—Pub. L. 109–59 amended text generally. Prior to amendment, text read as follows: “See section 31144.”
1998—Pub. L. 105–178 substituted “See section 31144.” for subsecs. (a) to (d) which related to unsatisfactory safety ratings.
49 U.S.C. § 5114 (TRANSPORTATION)
§ 5114. Air transportation of ionizing radiation material
(a) Transporting in Air Commerce.—
Material that emits ionizing radiation spontaneously may be transported on a passenger-carrying aircraft in air commerce (as defined in section 40102(a) of this title) only if the material is intended for a use in, or incident to, research or medical diagnosis or treatment and does not present an unreasonable hazard to health and safety when being prepared for, and during, transportation.
(b) Procedures.—
The Secretary shall prescribe procedures for monitoring and enforcing regulations prescribed under this section.
(c) Nonapplication.—
This section does not apply to material the Secretary decides does not pose a significant hazard to health or safety when transported because of its low order of radioactivity.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5114(a)
49 App.:1807(a) (1st, 2d sentences), (b) (1st sentence).
Jan. 3, 1975, Pub. L. 93–633, § 108, 88 Stat. 2159; Nov. 16, 1990, Pub. L. 101–615, § 10, 104 Stat. 3259.
5114(b)
49 App.:1807(a) (last sentence).
5114(c)
49 App.:1807(b) (last sentence).
In subsection (a), the text of 49 App.:1807(a) (1st sentence) is omitted as executed. The words “or combination of materials” are omitted as surplus.
In subsection (b), the words “further” and “effective” are omitted as surplus.
heading: Amendments
text: 2005—Subsec. (b). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation”.
49 U.S.C. § 5118 (TRANSPORTATION)
§ 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 shall work cooperatively with regulated and other entities, including shippers, carriers, emergency responders, State and local officials, and academic institutions.
(Added Pub. L. 112–141, div. C, title III, § 33007(a), July 6, 2012, 126 Stat. 835.)
heading: Prior Provisions
text: A prior section 5118, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 777; Pub. L. 108–426, § 2(c)(2), Nov. 30, 2004, 118 Stat. 2424, related to employment of additional hazardous material safety inspectors, prior to repeal by Pub. L. 109–59, title VII, § 7115(h), Aug. 10, 2005, 119 Stat. 1901.
heading: Effective Date
text: Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 5120 (TRANSPORTATION)
§ 5120. International uniformity of standards and requirements
(a) Participation in International Forums.—
Subject to guidance and direction from the Secretary of State, the Secretary of Transportation shall participate in international forums that establish or recommend mandatory standards and requirements for transporting hazardous material in international commerce.
(b) Consultation.—
The Secretary may consult with interested authorities to ensure that, to the extent practicable, regulations the Secretary prescribes under sections 5103(b), 5104, 5110, and 5112 of this title are consistent with standards and requirements related to transporting hazardous material that international authorities adopt.
(c) Differences With International Standards and Requirements.—
This section—
(1) does not require the Secretary to prescribe a standard or requirement identical to a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is unnecessary or unsafe; and
(2) does not prohibit the Secretary from prescribing a safety standard or requirement more stringent than a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is necessary in the public interest.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 778; Pub. L. 109–59, title VII, §§ 7117, 7126, Aug. 10, 2005, 119 Stat. 1902, 1909.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5120(a)
49 App.:1804(d)(1).
Jan. 3, 1975, Pub. L. 93–633, § 105(d), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615 § 4, 104 Stat. 3252.
5120(b)
49 App.:1804(d)(2) (1st sentence).
5120(c)
49 App.:1804(d)(2) (last sentence).
heading: Amendments
text: 2005—Subsec. (b). Pub. L. 109–59, § 7126, substituted “Secretary may” for “Secretary of Transportation may”.
Pub. L. 109–59, § 7117(a), inserted “and requirements” after “standards”.
Subsec. (c)(1). Pub. L. 109–59, § 7126, substituted “Secretary to prescribe” for “Secretary of Transportation to prescribe”.
Pub. L. 109–59, § 7117(b)(1), inserted “or requirement” after “standard” wherever appearing.
Subsec. (c)(2). Pub. L. 109–59, § 7117(b)(2), struck out “included in a standard” before “adopted” and inserted “standard or” before “requirement” wherever appearing.