Hazardous Materials Transportation Uniform Safety Act of 1990
PL 101-615 (S.2936), enacted 11/16/1990

104 STAT. 3244 
PUBLIC LAW 101-615—NOV. 16, 1990 
Public Law 101-615 
101st Congress 
An Act 
Nov. 16, 1990 
[S. 2936] 
Hazardous 
Materials 
Transportation 
Uniform Safety 
Act of 1990. 
49 u s e app. 
1801 note. 
49 u s e app. 
1801 note. 
To amend the Hazardous Materials Transportation Act to authorize appropriations 
for fiscal years 1990, 1991, and 1992, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS. 
(a) SHORT TITLE,—This Act may be cited as the "Hazardous Mate-
rials Transportation Uniform Safety Act of 1990". 
(b) REFERENCE.—Except as otherwise specifically provided, when-
ever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the ref-
erence shall be considered to be made to a section or other provision 
of the Hazardous Materials Transportation Act. 
(c) TABLE OF CONTENTS.— 
Sec. 1. Short title; reference; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
Sec. 4. Federal regulations governing transportation of hazardous materials. 
Sec. 5. Representation and tampering. 
Sec. 6. Disclosure. 
Sec. 7. Hfmdling of hazardous materials. 
Sec. 8. Hazardous materials transportation registration; motor carrier safety per-
mits. 
Sec. 9. Exemptions. 
Sec. 10. Definition of certain materials. 
Sec. 11. Secretary's powers. 
Sec. 12. Penalties. 
Sec. 13. Relationship to other laws. 
Sec. 14. Funding. 
Sec. 15. Transportation of certain highly radioactive materials. 
Sec. 16. Inspectors. 
Sec. 17. Public sector training and planning. 
Sec. 18. Hfizmat employee training grant program. 
Sec. 19. Railroad tank cars. 
Sec. 20. Application of Federal, State, and local law to Federal contractors. 
Sec. 21. Railroad tank car study. 
Sec. 22. Uniformity of State motor carrier registration and permitting forms £ind 
procedures. 
Sec. 23. Financial responsibility. 
Sec. 24. Federally leased commercial motor vehicles. 
Sec. 25. Improvements to hazardous materials identification systems. 
Sec. 26. Continually monitored telephone systems. 
Sec. 27. Shipper responsibility report. 
Sec. 28. State participation in investigations and surveillance. 
Sec. 29. Retention of markings and placards. 
Sec. 30. Relationship to Federal Railroad Safety Act of 1970. 
Sec. 31. Effective date. 
SEC. 2. FINDINGS. 
The Congress finds that— 
(1) the Department of Transportation estimates that approxi-
mately 4 billion tons of regulated hazardous materials are 
transported each year and that approximately 500,000 move-
ments of hsizardous materials occur each day. 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3245 
(2) accidents involving the release of hazardous materials are 
a serious threat to public health and safety, 
(3) many States and localities have enacted laws and regula-
tions which vary from Federal laws and regulations pertaining 
. to the transportation of hazardous materials, thereby creating 
the potential for unreasonable hazards in other jurisdictions 
and confounding shippers and carriers which attempt to comply 
with multiple and conflicting registration, permitting, routing, 
notification, and other regulatory requirements, 
(4) because of the potential risks to life, property, and the 
environment posed by unintentional releases of hazardous 
materials, consistency in laws and regulations governing the 
transportation 
of hazardous materials 
is necessary 
and 
desirable, 
(5) in order to achieve greater uniformity £ind to promote the 
public health, welfare, and safety at all levels. Federal stand-
ards for regulating the transportation of hsizardous materials in 
intrastate, interstate, and foreign commerce are necessary and 
desirable, 
(6) in order to provide reasonable, adequate, and cost-effective 
protection from the risks posed by the transportation of hazard-
ous materials, a network of adequately trained State and local 
emergency response personnel is required, 
(7) the Office of Technology Assessment has estimated that 
approximately 1,500,000 emergency response personnel need 
better basic or advanced training for responding to the uninten-
tional release of hazardous materials at fixed facilities and in 
transportation, £uid 
(8) the movement of hazardous materials in commerce is 
necessary and desirable to maintain economic vitality and meet 
consumer demands, and shall be conducted in a safe and effi-
cient manner. 
SEC. 3. DEFINITIONS. 
(a) DEFINITIONS.—Section 103 (49 U.S.C. App. 1802) is amended to 
read as follows: 
"SEC. 103. DEFINITIONS. 
"For purposes of this title, the following definitions apply: 
"(1) ADMINISTRATOR.—The term Administrator' means the 
Administrator of the Environmental Protection Agency. 
"(2) Ck)MMERCE.—The term 'commerce' means trade, traffic, 
commerce, or transportation within the jurisdiction of the 
United States (A) between a place in a State and any place 
outside of such State, or (B) which affects trade, traffic, com-
merce, or transportation described in subparagraph (A). 
"(3) DIRECTOR.—The term 'Director' means the Director of the 
Federal Emergency Management Agency. 
"(4) HAZARDOUS MATERIAL.—The term 'hazardous material' 
means a substance or material designated by the Secretary 
under section 104. 
"(5) HAZMAT EMPLOYEE.—The term 'hazmat employee' means 
an individual who is employed by a hazmat employer and who 
in the course of the individual's emplo3rment directly affects 
hazardous materials transportation safety as determined by the 
Secretary by regulation. Such term includes an owner-operator 
of a motor vehicle which transports in commerce hazardous 
39-194 O - 91 - 30 : QL 3 Part 4 
104 STAT. 3246 
PUBLIC LAW 101-615—NOV. 16, 1990 
materials. Such term includes, at a minimum, an individual 
who is employed by a hazmat employer and who in the course of 
the individual's employment— 
"(A) loads, unloads, or handles hazardous materials; 
"(B) reconditions or tests containers, drums, and pack-
ages represented for use in the transportation of hazardous 
materials; 
"(C) prepares hazardous materials for transportation; 
"(D) is responsible for the safety of the transportation of 
hazardous materials; or 
"(E) operates a vehicle used to transport hazardous 
materials. 
"(6) HAZMAT EMPLOYER.—The term 'hazmat employer' means 
a person— 
"(A)(i) who transports in commerce hazardous materials, 
"(ii) who causes to be transported or shipped in commerce 
hazardous materials, or 
"(iii) who reconditions or tests containers, drums, and 
packages represented for use in the transportation of 
hazardous materials; and 
"(B) who utilizes 1 or more of its employees in connection 
with such activity. 
Such term includes an owner-operator of a motor vehicle which 
transports in commerce hazardous materials. Such term in-
cludes any department, agency, or instrumentality of the 
United States, a State, a political subdivision of a State, or an 
Indian tribe engaged in an activity described in subparagraph 
(A)(i), (AXii), or (AXiii). 
"(7) IMMINENT HAZARD.—The term 'imminent hazard' means 
the existence of a condition which presents a substantial likeli-
hood that death, serious illness, severe personal injury, or 
substantial endangerment to health, property, or the environ-
ment may occur before the reasonably foreseeable completion of 
an administrative hearing or other formal proceeding initiated 
to abate the risks of those effects. 
"(8) INDIAN TRIBE.—The term 'Indian tribe' shall have the 
meaning given that term under section 4 of the Indian Self-
Determination and Education Act (25 U.S.C. 450b). 
"(9) MOTOR CARRIER.—The term 'motor carrier' means a 
motor common carrier, motor contract carrier, motor private 
carrier, and freight forwarder £is those terms are defined in 
section 10102 of title 49, United States Code. 
"(10) NATIONAL RESPONSE TEAM.—The term 'National Re-
sponse Team' means the national response team established 
pursuant to the National Contingency Plan as established 
under section 105 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980. 
"(11) PERSON.—The term 'person' means an individual, firm, 
copartnership, corporation, company, association, joint-stock 
association, including any trustee, receiver, assignee, or similar 
representative thereof, or government, Indian tribe, or agency 
or instrumentality of any government or Indian tribe when it 
offers hazardous materials for transportation in commerce or 
transports hazardous materials in furtherance of a commercial 
enterprise, but such term does not include (A) the United States 
Postal Service, or (B) for the purposes of sections 110 and 111 of 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3247 
this title, any agency or instrumentality of the Federal 
Government. 
"(12) PuBUC S
E
C
T
O
R EMPLOYEE.—The term 'public sector em-
ployee' means an individual who is employed by a State or a 
political subdivision thereof or an Indian tribe and who in the 
course of the individual's employment has responsibilities relat-
ing to responding to accidents and incidents involving the 
transportation of hazardous materials. Such term includes, at a 
minimum, a person employed by a State or political subdivision 
thereof or an Indian tribe as a firefighter or law enforcement 
officer. Such term also includes a person who volunteers to 
serve as a firefighter for a State or political subdivision thereof 
or an Indian tribe. 
"(13) SECRETARY.—The term 'Secretary' means the Secretary 
of Transportation or the Secretary's delegate. 
"(14) STATE.—The term 'State' means a State of the United 
States, the District of Columbia, the Commonwealth of Puerto 
Rico, the Commonwealth of the Northern Mariana Islands, the 
Virgin Islands, American Samoa, Guam, or any other territory 
or possession of the United States designated by the Secretary; 
except that as used in section 121, relating to uniformity of 
State registration and permitting forms and procedures, slich 
term means a State of the United States and the District of 
Columbia. 
"(15) TRANSPORTS OR TRANSPORTATION.—The term 'transports' 
or 'transportation' means any movement of property by any 
mode, and any loading, unloading, or storage incidental thereto. 
"(16) UNITED STATES.—The term 'United States' means all of 
the States.", 
(b) CONFORMING AMENDMENT.—Section 111(b) (49 U.S.C. App. 
1810(b)) is amended by striking the second sentence. 
SEC. 4. FEDERAL REGULATIONS GOVERNING TRANSPORTATION OF 
HAZARDOUS MATERIALS. 
Section 105 (49 U.S.C. App. 1804) is amended to read as follows: 
"SEC. 105. REGULATIONS GOVERNING TRANSPORTATION OF HAZARDOUS 
MATERIALS. 
"(a) GENERAL.— 
"(1) ISSUANCE.—The Secretary shall issue regulations for the 
safe transportation of hazardous materials in intrastate, inter-
state, and foreign commerce. The regulations issued under this 
section shall govern any aspect of hazardous materials transpor-
tation safety which the Secretary deems necessary or appro-
priate. 
"(2) PROCEDURES.—Regulations issued under paragraph (1) 
shall be issued in accordance with section 553 of title 5, United 
States Code, including an opportunity for informal oral presen-
tation. 
"(3) APPLICABILITY.—Regulations issued under paragraph (1) 
shall be applicable to any person who transports, ships, causes 
to be transported or shipped, or who manufactures, fabricates, 
marks, maintains, reconditions, repairs, or tests a package or 
container which is represented, marked, certified, or sold by 
such person as qualified for use in the transportation in com-
merce of hazardous materials. 
"(4) PREEMPTION.— 
104 STAT. 3248 
PUBLIC LAW 101-615—NOV. 16, 1990 
"(A) GENERAL RULE.—Except as provided in subsection O
b
) 
and unless otherwise authorized by Federal law, any law, 
regulation, order, ruling, provision, or other requirement of 
a State or political subdivision thereof or an Indian tribe, 
which concerns a subject listed in subparagraph (B) and 
which is not substantively the same as any provision of this 
Act or any regulation under such provision which concerns 
such subject, is preempted. 
"(B) COVERED SUBJECTS.—The subjects referred to in 
subparagraph (A) are the following: 
"(i) The designation, description, and classification of 
hazardous materials. 
"(ii) The packing, repacking, handling, labeling, 
marking, and placarding of hazardous materials. 
"(iii) The preparation, execution, and use of shipping 
documents pertaining to hazardous materials and 
requirements respecting the number, content, and 
placement of such documents. 
"(iv) The written notification, recording, and report-
ing of the unintentional release in transportation of 
hazardous materials. 
"(v) The design, manufacturing, fabrication, mark-
ing, maintenance, reconditioning, repairing, or testing 
of a package or container which is represented, 
marked, certified, or sold as qualified for use in the 
transportation of hazardous materials. 
"(C) LIMITATION ON FINES AND PENALTIES.—If a State or 
political subdivision or Indian tribe assesses any fine or 
penalty determined by the Secretary to be appropriate for a 
violation concerning a subject listed in subparagraph (B), no 
additional fine or penalty may be assessed for such viola-
tion by any other authority. 
"(5) STATE LAWS WHICH ARE SUBSTANTIVELY THE SAME AS FED-
ERAL LAW.— 
"(A) CONTINUATION.—If the Secretary issues under tliis 
section before, on, or after the date of the enactment of the 
Hazardous Materials Transportation Uniform Safety Act of 
1990, a regulation, rule, or standard concerning any subject 
set forth in paragraph (4), a State, political subdivision of a 
State, or Indian tribe may only establish, maintain, and 
enforce a law, regulation, rule, standard, or order concern-
ing such subject which is substantively the same as any 
provision of this Act or any regulation, rule, or order issued 
under such provision. 
Federal 
"(B) EFFECTIVE DATE OF FEDERAL PREEMPTION.—The SeC-
Register, 
retary shall determine and publish in the Federal Register 
publication. 
^j^g effective date of paragraph (1) with respect to any 
regulation, rule, or standard described in subparagraph (A) 
and which is issued after such date of enactment by the 
Secretary; except that such effective date may not be ear-
lier than the 90th day following the date of such issuance 
and may not be later than the last day of the 2-year period 
beginning on the date of such issuance. 
"(b) HIGHWAY ROUTING.— 
"(1) STATE AUTHORITY.—Subject to paragraphs (4) and (5), each 
State and Indian tribe may establish, maintain, and enforce (A) 
specific highway routes over which hazardous materials may 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3249 
and may not be transported by motor vehicles in the area which 
is subject to the jurisdiction of such State or Indian tribe, 
and (B) limitations and requirements with respect to highway 
routing. 
"(2) ISSUANCE OF FEDERAL STANDARDS.—Not later than 18 
months after the date of the enactment of the Hazardous Mate-
rials Transportation Uniform Safety Act of 1990, the Secretary, 
in consultation with the States, shall establish by regulation 
standards for States and Indian tribes to use in establishing, 
maintaining, and enforcing (A) specific highway routes over 
which hazardous materials may and may not be transported by 
motor vehicles, and (B) limitations and requirements with re-
spect to highway routing. 
"(3) CONTENTS OF STANDARDS.—The Federal standards estab-
lished pursuant to paragraph (2) shall include the following: 
"(A) ENHANCEMENT OF PUBUC SAFETY.—A requirement 
that highway routing designations, limitations, and require-
ments established, maintained, and enforced by a State or 
Indian tribe shall enhance public safety (i) in the area 
subject to the jurisdiction of the State or Indian tribe, and 
(ii) in areas of the United States not subject to such jurisdic-
tion which are directly affected by such designations, 
limitations, and requirements. 
"(B) 
PUBUC 
PARTICIPATION.—Minimum 
procedural 
requirements for ensuring public participation in the 
establishment by a State or Indian tribe of highway routing 
designations, limitations, and requirements. 
"(C) 
CONSULTATION 
WITH 
OTHER 
GOVERNMENTS.—A 
requirement that, in establishing highway routing designa-
tions, limitations, and requirements, the State or Indian 
tribe shall consult with appropriate State, local, and tribal 
officials having jurisdiction over areas of the United States 
not subject to the jurisdiction of the establishing State or 
Indian tribe and affected industries. 
"(D) THROUGH ROUTING.—A requirement that highway 
routing designations, limitations, and requirements estab-
lished, maintained, and enforced by a State or Indian 
tribe shall assure through highway routing for the 
transportation of hazardous materials between adjacent 
areas. 
"(E) AGREEMENT OF OTHER STATES; BURDEN ON COM-
MERCE.—A 
requirement 
that 
a 
highway 
routing 
designation, limitation, or requirement which affects the 
transportation of hazardous materials in another State or 
Indian tribe may only be established, maintained, and en-
forced by a State or Indian tribe if (i) it is agreed to by the 
other State or Indian tribe within a reasonable period or 
has been approved by the Secretary under paragraph (5), 
and (ii) does not unreasonably burden commerce. 
"(F) TIMEUNESS.—A requirement that the establishment 
of highway routing designations, limitations, and require-
ments by a State or Indian tribe shall be completed in a 
timely manner. 
"(G) REASONABLE ROUTES TO TERMINALS.—A requirement 
Motor vehicles, 
that highway routing designations, limitations, and require-
ments established, maintained, and enforced by a State or 
Indian tribe shall provide reasonable routes for motor ve-
104 STAT. 3250 
PUBLIC LAW 101-615—NOV. 16, 1990 
hides transporting hazardous materials to reach terminals, 
facilities for food, fuel, repairs, and rest, and points for the 
loading and unloading of hazardous materials. 
"(H) STATE RESPONSIBILITY FOR LOCAL COMPUANCE.—A 
requirement that the State shall be responsible (i) for 
ensuring that political subdivisions of the State comply 
with the Federal standards in establishing, maintaining, 
and enforcing highway routing designations, limitations, 
and requirements, and (ii) for resolving disputes between or 
among such political subdivisions. 
"(I) FACTORS TO CONSIDER.—A requirement that, in 
establishing, maintaining, and enforcing highway routing 
designations, limitations, and requirements, a State or 
Indian tribe consider— 
'(i) population density, 
'(ii) type of highways, 
'(iii) type and quantities of hazardous materials, 
'(iv) emergency response capabilities, 
'(v) results of consultations with affected persons, 
'(vi) exposure and other risk factors, 
'(vii) terrain considerations, 
*(viii) continuity of routes, 
'(ix) alternative routes, 
'(x) effects on commerce, 
*(xi) delays in transportation, and 
'(xii) such other factors as the Secretary considers 
appropriate 
"(4) PREEMPTION.— 
"(A) GENERAL RULE.—Except as otherwise provided in 
this paragraph, after the last day of the 2-year period 
beginning on the date of the issuance of the regulations 
establishing the Federal standards pursuant to paragraph 
(2), no State or Indian tribe may establish, maintain, or 
enforce— 
"(i) any highway route designation over which 
hazardous materials may or may not be transported by 
motor vehicles, or 
"(ii) any limitation or requirement with respect to 
such routing, 
unless such designation, limitation, or requirement is made 
in accordance with the procedural requirements of the 
Federal standards and complies with the substantive 
requirements of the Federal standards. 
"(B) GRANDFATHER CLAUSE.—Designations, limitations, 
and requirements established before the date of issuance 
referred to in subparagraph (A) do not have to be in accord-
ance with procedural requirements of the Federal stand-
ards established pursuant to paragraphs (3)(B), (3)(C), and 
(3XF). 
"(C) LIMITATION WITH RESPECT TO CONSIDERATION OF FAC-
TORS.—Nothing in this subsection shall be construed as 
requiring a State or Indian tribe to comply with paragraph 
(3X1) with respect to designations, limitations, and require-
ments established before the date of the enactment of the 
Hazardous Materials Transportation Uniform Safety Act of 
1990. 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3251 
"(D) 
CONTINUATION OF EFFECTIVENESS DURING DISPUTE 
RESOLUTION.—The Secretary may permit a highway route 
designation or limitation or requirement of a State or 
Indian tribe to continue in effect pending the resolution of a 
dispute under paragraph (5) relating to such designation, 
limitation, or requirement. 
"(5) DISPUTE RESOLUTION.— 
"(A) PETITION OF SECRETARY.—If a dispute over a matter 
relating to through highway routing or a dispute relating to 
g^eement with a proposed highway route designation, 
limitation, or requirement arises between or among States, 
political subdivisions of different States, or Indian tribes, 1 
or more of such States or Indian tribes may petition the 
Secretary to resolve the dispute. 
"(B) PROCEDURE.—The Secretary shall, within 18 months 
of the date of the enactment of the Hazardous Materials 
Transportation Uniform Safety Act of 1990, issue regula-
tions for resolving disputes under this paragraph. 
"(C) TIME PERIOD.—The Secretary shall resolve a dis-
pute under this paragraph within 1 year £ifter the date the 
Secretary receives the petition for resolution of such 
dispute. 
"(D) STANDARD.—Resolution of a dispute under this para-
graph shall provide the greatest level of highway safety 
without unreasonably burdening commerce and shall 
ensure compliance with the Federal standards established 
pursuant to paragraph (2). 
"(E) LIMITATION ON JUDICIAL REVIEW.—After a petition is 
filed under this paragraph to resolve a dispute, no court 
action may be brought with respect to the subject matter of 
such dispute until a final decision of the Secretary is issued 
under this paragraph or the last day of the 1-year period 
beginning on the day the Secretary receives such petition, 
whichever occurs first. 
"(F) JUDICIAL REVIEW.—Any State or Indian tribe which 
is adversely affected by a decision of the Secretary under 
this paragraph may, at any time before the 90th day follow-
ing the date such decision becomes final, bring an action for 
judicial review in an appropriate district court of the 
United States. 
"(6) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 
this subsection and the regulations issued under this subsection 
shall be construed as superseding or otherwise affecting applica-
tion of section 127 of title 23, United States Code, relating to 
vehicle weight limitations, or section 411 or 416 of the Surface 
Transportation Assistance Act of 1982, relating to vehicle 
length and vehicle width limitations, respectively. 
"(7) LIMITATION ON APPLICABIUTY.— 
"(A) PLACARDED MOTOR VEHICLES.—Subject to subpara-
graph (B), this subsection only applies to a motor vehicle if 
the vehicle is transporting in commerce a hgizardous mate-
rial for which placarding of the vehicle is required in 
accordance with the regulations issued under this title. 
"(B) AUTHORITY TO EXTEND APPUCABILITY.—The Secretary Motor vehicles, 
may, by regulation, extend application of this subsection 
or any Federal standard established pursuant to para-
graph (2)— 
104 STAT. 3252 
PUBLIC LAW 101-615—NOV. 16, 1990 
"(i) to any use of a vehicle described in subparagraph 
(A) to provide transportation in commerce of any 
hazardous material; and 
"(ii) to any motor vehicle used to transport in com-
merce hazardous materials. 
Motor vehicles. 
<'(g) EXISTING REGULATIONS RELATING T
O RADIOACTIVE MATE-
RIALS.—Nothing in this subsection shall be construed to require 
the Secretary to amend, modify, or reissue regulations issued by 
the Department of Transportation before the date of the enact-
ment of this paragraph and in effect on such date with respect 
to highway route designations over which radioactive materials 
may and may not be transported by motor vehicles and limita-
tions and requirements with respect to such routing. 
"(9) LIMITATION ON AUTHORITY OF SECRETARY.—The Secretary 
may not assign any specific weight to be given by the States and 
Indian tribes in considering factors pursuant to paragraph (3)(I). 
"(c) LIST OF ROUTE DESIGNATIONS.—The Secretary, in coordination 
with the States, shall periodically update and publish a list of 
currently effective hazardous materials highway route designations. 
"(d) INTERNATIONAL UNIFORMITY.— 
Foreign trade. 
"(1) DOT PARTICIPATION IN INTERNATIONAL FORUMS.—Subject 
to guidance and direction from the Secretary of State, the 
Secretary shall participate in international forums that estab-
lish or recommend mandatory standards and requirements 
for the transportation of hazardous materials in international 
commerce. 
"(2) CONSULTATION.—The Secretary may consult with in-
terested agencies to assure that, to the extent practicable, regu-
lations issued by the Secretary pursuant to this section shall be 
consistent with standards adopted by international bodies ap-
plicable to the transportation of hazardous materials. Nothing 
in this subsection shall require the Secretary to issue a standard 
identical to a standard adopted by an international body, if the 
Secretary determines the standard to be unnecessary or unsafe, 
nor shall the Secretary be prohibited from establishing safety 
requirements that are more stringent than those included in a 
standard adopted by an international body, if the Secretary 
determines that such requirements are necessary in the public 
interest.". 
SEC. 5. REPRESENTATION AND TAMPERING. 
Section 105 (49 U.S.C. App. 1804), as amended by section 4, is 
amended by adding at the end the following new subsections: 
"(e) UNLAWFUL REPRESENTATION.—No person shall, by marking or 
otherwise, represent that— 
"(1) a container or package for the transportation of hazard-
ous materials is safe, certified, or in compliance with the 
requirements of this title unless it meets the requirements of all 
applicable regulations issued under this title; or 
"(2) a hazardous material is present in a package, container, 
motor vehicle, rail freight car, aircraft, or vessel, if the hazard-
ous material is not present. 
"(f) UNLAWFUL TAMPERING.—No person shall unlawfully alter, 
remove, deface, destroy, or otherwise tamper with— 
"(1) any marking, label, placard, or description on a document 
required by this title or a regulation issued under this title; or 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3253 
"(2) any package, container, motor vehicle, rail freight car, 
aircraft, or vessel used for the transportation of hazardous 
materials. 
SEC. 6. DISCLOSURE. 
Section 105 (49 U.S.C. App. 1804), as amended by section 5, is 
amended by adding at the end the following new subsection: 
"(g) DISCLOSURE.— 
"(1) MAINTENANCE OF SHIPPING PAPER.—Each person who Motor carriers, 
offers for transportation in commerce a hazardous material that 
is subject to the shipping paper requirements of the Secretary 
shall provide the carrier who is providing such transportation 
any shipping paper that makes the disclosure established by the 
Secretary under paragraph (2) for the carrier to maintain on the 
vehicle to be used to provide such transportation. If the person 
offering such materieil for transportation is also a private motor 
carrier, such person shall maintain such shipping paper on the 
vehicle. 
"(2) CONSIDERATIONS AND CONTENTS.—In canning out para-
graph (1), the Secretary shall consider and may require the 
following: 
"(A) a description of the hazardous material, including 
the proper shipping name of the material, 
"(B) the hazard class of the hazardous material, 
"(C) the identification number (UN/NA) of the material, 
"(D) immediate first action emergency response informa-
tion or a means for appropriate reference to such informa-
tion which must be immediately available, and 
"(E) a telephone number for the purpose of obtaining 
more specific handling and mitigation information con-
cerning the hazardous material at any time during its 
transportation. 
"(3) SPECIFICATION OF LOCATION.—The shipping paper referred 
to in paragraph (1) shall be kept in a location, to be specified by 
the Secretary, in the motor vehicle, train, vessel, aircraft, or 
facility until the hazardous material is no longer in transpor-
tation or the documents have been made available to a rep-
resentative of a Federal, State, or local government agency 
responding to an accident or incident involving the motor ve-
hicle, train, vessel, aircraft, or facility. 
"(4) DISCLOSURE TO EMERGENCY RESPONSE AUTHORITIES.—Any 
person who transports a hazardous material in commerce shall, 
in the event of an incident involving such material, imme-
diately disclose to appropriate emergency response authorities, 
upon their request, information on the hazardous material 
being transported.". 
SEC. 
7
. 
HANDLING 
OF 
HAZARDOUS 
MATERIALS. 
Section 106 (49 U.S.C. App. 1805) is amended— 
(1) by redesignating subsections (b) and (c), and any reference 
thereto, as subsections (e) and (f), respectively; 
(2) in subsection (e), as so redesignated, by striking "(b)" and 
inserting "(c)"; and 
(3) by inserting after subsection (a) the following new subsec-
tion: 
"(b) 
TRAINING CRITERIA FOR SAFE HANDUNG AND TRANSPOR-
TATION.— 
104 STAT. 3254 
PUBLIC LAW 101-615—NOV. 16, 1990 
Regulations. 
"(1) FEDERAL REQUIREMENTS.—Within 18 months after the 
date of the enactment of the Hazardous Materials Transpor-
tation Uniform Safety Act of 1990, the Secretary shall issue, by 
regulation, requirements for training to be given by all hazmat 
employers to their hazmat employees regarding the safe load-
ing, unloading, handling, storing, and transporting of hazardous 
materials and emergency preparedness for responding to ac-
cidents or incidents involving the transportation of hazardous 
materials. 
"(2) DIFFERENT TRAINING REQUIREMENTS.—The regulations 
issued under paragraph (1) may provide for different training 
for different classes or categories of hazardous materials and 
hazmat employees. 
"(3) COORDINATION OF EMERGENCY RESPONSE TRAINING REGULA-
TIONS.—In consultation with the Administrator and the Sec-
retary of Labor, the Secretary shall take such actions £is may be 
necessary to ensure that the training requirements established 
under this subsection do not conflict with the requirements of 
the regulations issued by the Occupational Safety and Health 
Administration of the Department of Labor relating to hazard-
ous waste operations and emergency response contained in part 
1910 of title 29 of the Code of Federal Regulations (and amend-
ments thereto) and the regulations issued by the Environmental 
Protection Agency relating to worker protection standards for 
hazardous waste operations contained in part 311 of title 40 of 
such Code (and amendments thereto). For purposes of section 
4(b)(1) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 653G)X1)), no action taken by the Secretary pursuant to 
this section shall be deemed to be an exercise of statutory 
authority to prescribe or enforce standards or regulations affect-
ing occupational safety or health. 
"(4) COMMENCEMENT OF TRAINING.—Within 6 months after 
the date on which the Secretary issues regulations under this 
subsection, each hazmat employer shall have commenced train-
ing of its hazmat employees in accordance with the require-
ments established by such regulations. 
"(5) COMPLETION OF TRAINING.—Regulations issued under this 
subsection shall establish the date by which training of hazmat 
employees shall be completed in order to comply with require-
ments established by such regulations. Such date shall be 
within a reasonable period of time after (A) 6 months following 
the date of the issuance of such regulations, or (B) in the case of 
an individual employed as a hazmat employee after such 6-
month period, the date on which the individual is to begin 
carrying out a duty of a hazmat employee. 
"(6) CERTIFICATION.—After completion of training of its 
hazmat employees in accordance with the requirements estab-
lished under this subsection, each hazmat employer shall cer-
tify, with such appropriate documentation as may be required 
by regulation by the Secretary, that the employer's hazmat 
employees have received training and have been tested on 
appropriate transportation areas of responsibility, including one 
or more of the following areas: 
"(A) Recognition and understanding of the Department of 
Transportation hazardous materials classification system. 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3255 
"(B) Use and limitations of the Department of Transpor-
tation hazardous materials placarding, labeling, and mark-
ing systems. 
"(C) General handling procedures, loading and unloading 
techniques, and strategies to reduce the probability of re-
lease or damage during or incidental to transportation of 
hazardous materials. 
"(D) Health, safety, and risk factors associated with 
hazardous materials and their transportation. 
"(E) Appropriate emergency response and communica-
tion procedures for dealing with accidents and incidents 
involving hazardous materials transportation. 
"(F) Use of the Department of Transportation Emergency 
Response Guidebook and recognition of its limitations or 
use of equivalent documents and recognition of the limita-
tions of such documents. 
"(G) Applicable hazardous materials transportation regu-
lations. 
"(H) Personal protection techniques. 
"(I) Preparation of shipping documents for transportation 
of hazardous materials. 
"(7) APPLICABILITY OF INFORMATION MANAGEMENT REQUIRE-
MENTS.—Chapter 35 of title 44, United States Code (relating to 
coordination of Federal information policy) shall not apply to 
activities of the Secretary under this subsection.". 
SEC. 8. HAZARDOUS 
MATERIALS 
TRANSPORTATION REGISTRATION; 
MOTOR CARRIER SAFETY PERMITS. 
Section 106 (49 U.S.C. App. 1805), as amended by section 7, is 
amended by inserting after subsection (b) the following new 
subsections: 
"(c) REGISTRATION.— 
"(1) MANDATORY FILINGS.—Each person who carries out one or 
more of the following activities shall file with the Secretary a 
registration statement in accordance with the provisions of this 
subsection: 
"(A) Transporting or causing to be transported or shipped 
in commerce highway-route controlled quantities of radio-
active materials, more than 25 kilograms of CIEISS A or class 
B explosives in a motor vehicle, rail car, or transport 
container, or more than 1 liter per package of a hazardous 
material which has been designated by the Secretary as 
extremely toxic by inhalation. 
"(B) Transporting or causing to be transported or shipped 
in commerce a hazardous material in a bulk package, con-
tainer, or tank as defined by the Secretary if the package, 
container, or tank has a capacity of 3,500 or more gallons or 
more than 468 cubic feet. 
"(C) Transporting or causing to be transported or shipped 
in commerce a shipment of 5,000 pounds or more of a class 
of a hazardous material for which placarding of a vehicle, 
rail car, or freight container is required in accordance with 
the regulations issued under this title. 
"(2) COOPERATION OF EPA.—The Administrator shall assist the 
Secretary in carrying out this subsection by furnishing the 
Secretary with such information as the Secretary may request 
in order to carry out the objectives of this section. 
104 STAT. 3256 
PUBLIC LAW 101-615—NOV. 16, 1990 
"(3) DISCRETIONARY FILINGS.—The Secretary may require each 
person who carries out one or more of the following activities to 
file a registration statement with the Secretary in accordance 
with the provisions of this subsection: 
"(A) Transporting or causing to be transported or shipped 
in commerce hazardous materials and who is not required 
to file a registration statement under paragraph (1). 
"(B) Manufacturing, fabricating, marking, maintaining, 
reconditioning, repairing, or testing packages or containers 
which are represented, marked, certified, or sold by such 
person for use in the transportation in commerce of hazard-
ous materials designated by the Secretary. 
"(4) REQUIREMENT.—No person required to file a registration 
statement by or under this subsection may transport or cause to 
be transported or shipped hazardous materials, or manufacture, 
fabricate, mark, maintain, recondition, repair, or test packages 
or containers for use in the transportation of hazardous mate-
rials, unless such person has on file a registration statement in 
accordance with this subsection. 
"(5) FiuNG DEADLINES.— 
"(A) INITIAL FILINGS.—Each person who is required to file 
a registration statement by or under this subsection shall 
file an initial registration statement by March 31,1992. The 
Secretary may extend such date to September 30,1992, with 
respect to the requirements of paragraph (1). 
"(B) RENEWALS.—Subject to the provisions of this subsec-
tion, each person who is required to file a registration 
statement by or under this section shall renew such reg-
istration statement periodically in accordance with regula-
tions issued by the Secretary, but no less frequently than 
every 5 years and no more frequently than annually. 
"(6) AMENDMENTS.—The Secretary shall by regulation deter-
mine when and under what circumstances a registration state-
ment filed under this subsection with the Secretary must be 
amended and the procedures to be followed in amending such 
statement. 
"(7) CONTENTS.—A registration statement under this subsec-
tion shall be in such form and contain such information as the 
Secretary may require by regulation. The Secretary may utilize 
existing forms of the Department of Transportation and the 
Environmental Protection Agency in carrying out this subsec-
tion. At a minimum, such statement shall include— 
"(A) the registrant's name and principal place of 
business; 
"(B) a description of each activity the registrant carries 
out for which filing of a registration statement is required 
by or under this section; and 
"(C) the State or States in which such person carries out 
each such activity. 
"(8) LIMITATION ON NUMBER OF FIUNGS.—A person who car-
ries out more than one activity for which filing of a registration 
statement is required by or under this subsection only needs to 
file one registration statement in order to comply with this 
subsection. 
"(9) STREAMUNED PROCESS.—The Secretary may take such 
action as may be necessary to streamline and simplify the 
registration process under this subsection and to minimize with 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3257 
respect to a person who is required to file a registration state-
ment under this subsection the number of applications, docu-
ments, and other information which such person is required to 
file with the Department of Transportation under this title and 
any other laws of the United States. 
"(10) DISCLOSURE.—The Secretary shall make a registration 
statement filed under this subsection available for inspection by 
any person, for a fee to be established by the Secretary; except 
that nothing in this sentence shall be considered to require the 
release of any information described in section 552(f) of title 5, 
United States Code, or which is otherwise protected by law from 
disclosure to the public. 
"(11) FEES.—The Secretary may establish, assess, and collect 
such fees from persons required to file registration statements 
by or under this subsection as may be necessary to cover the 
costs of the Department of Transportation in processing such 
registration statements. 
"(12) PROOF OF REGISTRATION AND PAYMENT OF FEES.—The 
Secretary may issue regulations requiring a person required to 
file a registration statement by or under this subsection to 
maintain proof of the filing of such statement and the payment 
of any fees assessed under this subsection and section 117(h). 
"(13) APPLICABILITY OF INFORMATION MANAGEMENT REQUIRE-
MENTS.—Chapter 35 of title 44, United States Code (relating to 
coordination of Federal information policy) shall not apply to 
activities of the Secretary under this subsection. 
"(14) NONAPPUCABILITY TO EMPLOYEES.—Notwithstanding any 
other provisions of this subsection, an employee of a hazmat 
employer is not required to file a registration statement by or 
under this section. 
"(15) EXEMPTION OF GOVERNMENT AGENCIES AND EMPLOYEES.— 
Agencies of the Federal Government, agencies of States, and 
agencies of political subdivisions of States, and employees of 
such agencies with respect to their official duties do not have to 
file registration statements under this subsection. 
"(d) MOTOR CARRIER SAFETY PERMITS.— 
"(1) REQUIREMENT.—Except £is provided in this subsection, a 
motor carrier may transport or cause to be transported by 
motor vehicle in commerce a hazardous material only if the 
motor carrier holds a safety permit issued by the Secretary 
under this section authorizing the transportation and keeps a 
copy of such permit, or other proof establishing the exist-
ence of such permit, in the motor vehicle used to provide such 
transportation. 
"(2) ISSUANCE.—Except as provided in this subsection, the 
Secretary shall issue a safety permit to a motor carrier au-
thorizing that carrier to transport or cause to be transported by 
motor vehicle in commerce a hazardous material if the Sec-
retary finds that the carrier is fit, willing, and able— 
"(A) to provide the transportation to be authorized by the 
permit; 
"(B) to comply with this title and the regulations issued 
by the Secretary to carry out this title; and 
"(C) to comply with any applicable Federal motor carrier 
safety laws and regulations and any applicable Federal 
minimum financial responsibility laws and regulations. 
104 STAT. 3258 
PUBLIC LAW 101-615—NOV. 16, 1990 
Regulations. 
Regulations. 
Effective date. 
Regulations. 
49 u s e app. 
1805 note. 
"(3) SHIPPER'S RESPONSIBIUTY.—Each person who offers a 
hazardous material for motor vehicle transportation in com-
merce may offer that material to a motor carrier only if the 
carrier has a safety permit issued under this subsection au-
thorizing such transportation. 
"(4) AMENDMENT, SUSPENSION, AND REVOCATION.—A safety 
permit issued to a motor carrier under this subsection may, 
after notice and an opportunity for hearing, be amended, sus-
pended, or revoked by the Secretary in accordance with proce-
dures established under paragraph (6) whenever the Secretary 
determines that such carrier has failed to comply with a 
requirement of this title, any regulation issued under this title, 
any applicable Federal motor carrier safety law or regulation, 
or any applicable Federal minimum financial responsibility law 
or regulation. If the Secretary determines that an imminent 
hazard exists, the Secretary may amend, suspend, or revoke the 
safety permit before scheduling a hearing thereon. 
"(5) COVERED TRANSPORTATION.—The Secretary shall establish 
by regulation the hazardous rriaterials and quantities thereof to 
which this subsection applies; except that this section shall 
apply, at a minimum, to all transportation by a motor carrier of 
a class A or B explosive, a liquefied natural gas, a hazardous 
material which has been designated by the Secretary as ex-
tremely toxic by inhalation, or a highway route controlled 
quantity of radioactive materials as defined by the Secretary. 
"(6) PROCEDURES.—The Secretary shall establish by regula-
tion— 
"(A) application procedures, including form, content, and 
fees necessary to recover the full costs of administering this 
subsection; 
"(B) standards for determining the duration, terms, 
conditions, or limitations of a safety permit; 
"(C) procedures for the amendment, suspension, or rev-
^ 
ocation of a safety permit issued under this section; and 
"(D) any other procedures the Secretary deems appro-
priate to implement this subsection. 
"(7) APPLICATION.—A motor carrier shall file an application 
with the Secretary for a safety permit to provide transportation 
under this subsection. The Secretary may approve any part of 
the application or deny the application. The application shall— 
"(A) be under oath; and 
"(B) contain such information as the Secretary may re-
quire by regulation. 
"(8) CONDITIONS.—A motor carrier may provide transpor-
tation under a safety permit issued under this subsection only if 
the carrier complies with such conditions as the Secretary finds 
are required to protect public safety.". 
(b) SAFETY PERMITS.—Section 106(d) of the Hazardous Materials 
Transportation Act, relating to motor carrier safety permits, shall 
take effect 2 years after the date of the enactment of this Act; except 
that the Secretary shall issue regulations necessary to carry out 
such section not later than 1 year after such date of enactment. 
(c) REPEAL OF EXISTING PROGRAM.—Subsections (e) and (f) of sec-
tion 106 of the Hazardous Materials Transportation Act (49 U.S.C. 
1805), as redesignated by section 7 of this Act, are repealed effective 
March 31,1992. 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3259 
SEC. 9. EXEMPTIONS. 
Section 107(a) (49 U.S.C. App. 1806(a)) is amended by striking "or 
renewal" in the fourth sentence. 
SEC. 10. DEFINITION OF CERTAIN MATERIALS. 
The second sentence of section 108(b) (49 U.S.C. App. 18070))) is 
amended to read as follows: "The term does not include any mate-
rial which the Secretary determines is of such low order of radio-
activity that when transported does not pose a significant hazard to 
health or safety.". 
SEC. 11. SECRETARY'S POWERS. 
Section 109(dXlXC) (49 U.S.C. App. 1808(dXlXC)) is amended by 
striking "recommend" and inserting "take". 
SEC. 12. PENALTIES. 
(a) CIVIL PENALTIES.—Section 110(a) (49 App. U.S.C. 1809(a)) is 
amended— 
(1) in paragraph (1)— 
(A) by striking "(except an employee who acts without 
knowledge)" in the first sentence; 
(B) by striking "title or of a" in the first sentence and 
inserting "title, an order, or"; 
(C) by inserting "order or" after "violation of any" in 
each of the second and third sentences; and 
(D) by striking "$10,000" in each of the second and third 
sentences and inserting "$25,000 and not less than $250"; 
and 
(2) by adding at the end the following: 
"(3) ACTING KNOWINGLY.—For purposes of this section, a 
person shall be considered to have acted knowingly if— 
"(A) such person has actual knowledge of the facts giving 
rise to the violation, or 
"(B) a reasonable person acting in the circumstances and 
exercising due care would have such knowledge.", 
flt)) CRIMINAL PENALTIES.—Subsection (b) of section 110 (49 App. 
U.S.C. 1809) is amended to read as follows: 
"(b) CRIMINAL.—A person who knowingly violates section 105(f) of 
this title or willfully violates a provision of this title or an order or 
regulation issued under this title shall be fined under title 18, 
United States Code, or imprisoned for not more than 5 years, or 
both.". 
SEC. 13. RELATIONSHIP TO OTHER LAWS. 
Section 112 (49 U.S.C. App. 1811) is amended to read as follows: 
"SEC. 112. RELATIONSHIP TO OTHER LAWS. 
Inter-
"(a) IN GENERAL.—Except as provided in subsection (d) and unless . relS™M^" 
otherwise authorized by Federal law, any requirement of a State or Indians, 
political subdivision thereof or Indian tribe is preempted i
f
— 
"(1) compliance with both the State or political subdivision or 
Indian tribe requirement and any requirement of this title or of 
a regulation issued under this title is not possible, 
"(2) the State or political subdivision or Indian tribe require-
ment as applied or enforced creates an obstacle to the accom-
plishment and execution of this title or the regulations issued 
under this title, or 
104 STAT, 3260 
PUBLIC LAW 101-615—NOV. 16, 1990 
Federal 
Register, 
publication. 
Regulations. 
"(3) it is preempted under section 105(a)(4) or section 105(b). 
"(b) FEES.—A State or political subdivision thereof or Indian tribe 
may not levy any fee in connection with the transportation of 
hazardous materials that is not equitable and not used for purposes 
related to the transportation of hazardous materials, including 
enforcement and the planning, development, and maintenance of a 
capability for emergency response. 
"(c) DETERMINATION OF PREEMPTION.— 
"(1) ADMINISTRATIVE DETERMINATION.—Any person, including 
a State or political subdivision thereof or Indian tribe, directly 
affected by any requirement of a State or political subdivision or 
Indian tribe, may apply to the Secretary, in accordance with 
regulations prescribed by the Secretary, for a determination of 
whether that requirement is preempted by section 105(a)(4) or 
105(b) or subsection (a). The Secretary shall publish notice of the 
application in the Federal Register. Once the Secretary has 
published such notice, no applicant for such determination by 
the Secretary may seek relief with respect to the same or 
substantially the same issue in any court until the Secretary 
has taken final action on the application or until 180 days after 
filing of the application, whichever occurs first. The Secretary, 
in consultation with States, political subdivisions, and Indian 
tribes, shall issue regulations which set forth procedures for 
carrying out this paragraph. 
"(2) JUDICIAL DETERMINATION.—Nothing in subsection (a) pro-
hibits a State or political subdivision thereof or Indian tribe, or 
any other person directly affected by any requirement of a State 
or political subdivision thereof or Indian tribe, from seeking a 
determination of preemption in any court of competent jurisdic-
tion in lieu of applying to the Secretary under paragraph (1). 
"(d) WAIVER OF PREEMPTION.—Any State or political subdivision 
or Indian tribe may apply to the Secretary for a waiver of preemp-
tion with respect to any requirement that the State or political 
subdivision or Indian tribe acknowledges to be preempted by section 
l()5(a)(4) or 105(b) or subsection (a). The Secretary, in accordance 
with procedures prescribed by regulation, may waive preemption 
with respect to such requirement upon a determination that such 
requirement— 
"(1) affords an equal or greater level of protection to the 
public than is afforded by the requirements of this title or 
regulations issued under this title, and 
*(2) does not unreasonably burden commerce. 
"(e) JUDICIAL REVIEW.—A party to a proceeding under subsection 
(c) or (d) may seek review by the appropriate district court of the 
United States of a decision of the Secretary under such proceeding 
only by filing a petition with such court within 60 days after such 
decision becomes final. 
"(f) OTHER FEDERAL LAWS.—This title shall not apply to pipelines 
which are subject to regulation under the Natural Gas Pipeline 
Safety Act of 1968 (49 U.S.C. 1671 et seq.), to pipelines which are 
subject to regulation under the Hazardous Liquid Pipeline Safety 
Act of 1979 (49 U.S.C. 2001 et seq.), or to any matter which is subject 
to the Federal postal laws or regulations under this title or under 
title 18 or title 39 of the United States Code.". 
SEC. 14. FUNDING. 
Section 115 (49 U.S.C. App. 1812) is amended to read as follows: 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3261 
"SEC. 115. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—There is authorized to be appropriated for 
carrying out this title (other than sections 117 and 121) not to exceed 
$13,000,000 for fiscal year 1991, $16,000,000 for fiscal year 1992, and 
$18,000,000 for fiscal year 1993. 
"(h) CREDITS.—The Secretary may credit to any appropriation to 
carry out this title funds received from States, Indian tribes, or 
other public authorities and private entities for expenses incurred 
by the Secretary in providing training to such States, public authori-
ties, and private entities.". 
SEC. 15. TRANSPORTATION OF CERTAIN HIGHLY RADIOACTIVE MATE- 
Nuclear energy. 
RIALS. 
Section 116 (49 U.S.C. App. 1813) is amended to read as follows: 
"SEC. 116. TRANSPORTATION OF CERTAIN HIGHLY RADIOACTIVE MATE-
RIALS. 
"(a) RAILROAD TRANSPORTATION STUDY.—The Secretary, in con-
sultation with the Department of Energy, the Nuclear Regulatory 
Commission, potentially affected States and Indian tribes, represent-
atives of the railroad transportation industry and shippers of high-
level radioactive waste and spent nuclear fuel, shall undertake a 
study comparing the safety of using trains operated exclusively for 
transporting high-level radioactive waste and spent nuclear fuel 
(hereinafter in this section referred to as 'dedicated trains') with the 
safety of using other methods of rail transportation for such pur-
poses. The Secretary shall report the results of the study to Congress Reports, 
not later than one year after the date of enactment of this section. 
"
O
t
>
) SAFE RAIL TRANSPORT OF CERTAIN RADIOACTIVE MATERIALS.— 
Within 24 months after the date of enactment of this section, taking Regulations, 
into consideration the findings of the study conducted pursuant to 
subsection (a), the Secretary shall amend existing regulations as the 
Secretary deems appropriate to provide for the safe transportation 
by rail of high-level radioactive WEiste and spent nuclear fuel by 
various methods of rail transportation, including by dedicated train. 
"(c) MODE AND ROUTE STUDY.—The Secretary shall, within 12 
months after the date of enactment of this section, undertake a 
study to determine which factors, if any, should be taken into 
consideration by shippers and carriers in order to select routes and 
modes which, in combination, would enhance overall public safety 
related to the transportation of high-level radioactive waste and 
spent nuclear fuel. Such study shall include notice and opportunity 
for public comment, and shall include assessing the degree to which 
various factors, including population densities, types and conditions 
of modal infrastructures (such as highways, railbeds, and water-
ways), quantities of high-level radioactive waste and spent nuclear 
fuel, emergency response capabilities, exposure and other risk fac-
tors, terrain considerations, continuity of routes, available alter-
native routes, environmental impact factors, affect the overall 
public safety of such shipments. 
"(d) INSPECTIONS OF VEHICLES TRANSPORTING HIGHWAY ROUTE 
CONTROLLED QUANTITY RADIOACTIVE MATERIALS.— 
"(1) REQUIREMENT.—Not later than one year after the date of Regulations, 
the enactment of the Hazardous Materials Transportation Uni-
form Safety Act of 1990, the Secretary shall require by regula-
tion that, before each use of a motor vehicle to transport in 
commerce any highway route controlled quantity radioactive 
104 STAT. 3262 
PUBLIC LAW 101-615—NOV. 16, 1990 
material, such vehicle shall be inspected and certified to be in 
compliance with this title and applicable Federal motor carrier 
safety laws and regulations. 
"(2) USE OF FEDERAL AND STATE INSPECTORS.—The Secretary 
may require that inspections under this subsection be carried 
out by duly authorized inspectors of the United States or in 
accordance with appropriate State procedures. 
"(3) SELF-CERTIFICATION.—The Secretary may permit a person 
who transports or causes to be transported or shipped any 
highway route controlled quantity radioactive material to in-
spect the motor vehicle to be used to provide such transpor-
tation and to certify that the motor vehicle is in compliance 
with this title. The inspector qualification requirements for 
individuals performing inspections of motor vehicles issued by 
the Secretary shall apply to individuals conducting inspections 
under this paragraph.'. 
49 u s e app. 
SEC. 16. INSPECTORS. 
(a) IN GENERAL.—The Secretary of Transportation, in fiscal year 
1991, shall employ and maintain thereafter an additional 30 hazard-
ous materials safety inspectors above the number of safety inspec-
tors authorized for fiscal year 1990, in the aggregate, for the Federal 
Railroad Administration, the Federal Highway Administration, and 
the Research and Special Programs Administration. The Secretary 
shall take such action as may be necessary to assure that the 
activities of 10 such additional inspectors focus on promoting safety 
in the transportation of radioactive materials, as defined by the 
Secretary. Such activities shall include— 
(1) the inspection at the point of origin of shipments of high-
level radioactive waste or nucleeu* spent fuel, as those terms are 
defined in section 116 of the Hazardous Materials Transpor-
tation Act, as added by section 15 of this Act; and 
(2) the inspection, to the maximum extent practicable, of 
shipments of radioactive materials that are not high-level radio-
active waste or nuclear spent fuel. 
Inter- 
(\)) COOPERATION.—In carrying out their duties, the 10 additional 
governmental 
inspectors authorized by this section to focus on promoting safety in 
relations. 
^^^ transportation of radioactive materials shall, to the maximum 
extent possible, cooperate with safety inspectors of the Nuclear 
Regulatory Commission and appropriate State and local government 
officials. 
(c) ALLOCATION OF INSPECTORS OF RADIOACTIVE MATERIALS.—Of the 
10 additional inspectors authorized by subsection (a) to focus on 
promoting safety in the transportation of radioactive materials— 
(1) not less than 1 shall be allocated to the Research and 
Special Programs Administration; 
(2) not less than 3 shall be allocated to the Federal Railroad 
Administration; 
(3) not less than 3 shall be allocated to the Federal Highway 
Administration; and 
(4) the remainder shall be allocated, at the discretion of the 
Secretary, among the agencies referred to in paragraphs (1), (2), 
and (3). 
(d) ALLOCATION OF OTHER SAFETY INSPECTORS.—The 20 additional 
inspectors authorized by subsection (a) not referred to in subsection 
(c) shall be allocated, at the discretion of the Secretary, among the 
agencies referred to in paragraphs (1), (2), and (3). 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3263 
(e) DEFINITIONS.—As used in this section— 
(1) HIGH-LEVEL RADIOACTIVE WASTE.—The term "high-level 
radioactive waste" has the meaning given such term in section 
2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10101(12)). 
(2) SPENT NUCLEAR FUEL.—The term "spent nuclear fuel" has 
the meaning given such term in section 2(23) of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10101(23)). 
SEC. 17. PUBLIC SECTOR TRAINING AND PLANNING. 
The Act (49 U.S.C. App. 1801-1813) is amended by adding at the 
end the following new section: 
"SEC. 117A. PUBLIC SECTOR TRAINING AND PLANNING. 
"(a) PLANNING GRANT PROGRAM.— 
"(1) IN GENERAL.—The Secretary shall make grants to 
States— 
"(A) for developing, improving, and implementing emer-
gency plans under the Emergency Planning and Commu-
nity Right-To-Know Act of 1986, including determination of 
flow patterns of hazardous materials within a State and 
between a State and another State; and 
"(B) for determining the need for regional hazardous 
materials emergency response teams. 
"(2) MAINTENANCE OF EFFORT.—The Secretary may not make 
a grant to a State under this subsection in a fiscal year unless 
such State certifies that the aggregate expenditure of funds of 
the State, exclusive of Federal funds, for developing, improving, 
and implementing emergency plans under the Emergency Plan-
ning and Community Right-To-Know Act of 1986 will be main-
tained at a level which does not fall below the average level of 
such expenditure for its last 2 fiscal years. 
"(3) FUNDING OF PLANNING BY LOCAL EMERGENCY PLANNING 
COMMITTEES.—The Secretary may not make a grant to a State 
under this subsection in a fiscal year unless such State agrees to 
make available not less than 75 percent of the funds granted to 
the State under this subsection in the fiscal year to local 
emergency planning committees established pursuant to section 
301(c) of the Emergency Planning and Community Right-To-
Know Act of 1986 by the State emergency response commission. 
Such funds shall be made available to the local committees for 
developing emergency plans under such Act. 
"(h) TRAINING GRANT PROGRAM.— 
"(1) IN GENERAL.—The Secretary shall make grants to States 
and Indian tribes for training public sector employees to re-
spond to accidents and incidents involving hazardous materials. 
"(2) MAINTENANCE OF EFFORT.—The Secretary may not make 
a grant to a State or Indian tribe under this subsection in a 
fiscal year unless the State or Indian tribe certifies that the 
aggregate expenditure of funds of the State or Indian tribe, 
exclusive of Federal funds, for training public sector employees 
to respond to accidents and incidents involving hazardous mate-
rials will be maintained at a level which does not fall below the 
average level of such expenditure for its last 2 fiscal years. 
"(3) FUNDING OF TRAINING BY POLITICAL SUBDIVISIONS.—The 
Secretary may not make a grant to a State under this subsec-
tion in a fiscal year unless such State agrees to make available 
Inter-
governmental 
relations. 
49 u s e app. 
1815. 
Indians. 
104 STAT. 3264 
PUBLIC LAW 101-615—NOV. 16, 1990 
at least 75 percent of the funds granted to the State under this 
subsection in the fiscal year for the purposes of training public 
sector employees employed or used by the political subdivisions. 
"(4) USE OF TRAINING COURSES.—The Secretary may only 
make a grant to a State or Indian tribe under this subsection in 
a fiscal year if the State or Indian tribe enters into an agree-
ment with the Secretary to use in such fiscal year— 
"(A) a course or courses developed or identified under 
subsection (g); or 
"(B) other courses which the Secretary determines are 
consistent with the objectives of this section; 
for training public sector employees to respond to accidents and 
incidents involving hazardous materials. 
"(5) USE OF TRAINING FUNDS.—Funds granted to a State or 
Indian tribe for training public sector employees under this 
subsection may be used to pay tuition costs of such employees 
for such training, travel expenses of such employees to and from 
the training facility, room and board of such employees while 
they are at the training facility, and travel expenses of persons 
who are to provide such training. 
"(6) TRAINING BY OTHERS.—Funds granted to a State or Indian 
tribe for training public sector employees under this subsec-
tion— 
"(A) may be used by the State or a political subdivision 
thereof or the Indian tribe to provide such training; or 
"(B) may be used to enter into an agreement, approved by 
the Secretary, to authorize a person (including a depart-
ment, agency, or instrumentality of a State or political 
subdivision thereof or an Indian tribe) to provide such 
training— 
(i) if the agreement allows the Secretary and the 
State or Indian tribe to conduct random examinations, 
inspections, and audits of such training without prior 
notification; and 
"(ii) if the State or Indian tribe conducts at least 
annually 1 on-site observation of such training. 
"(7) ALLOCATION OF TRAINING FUNDS.—The Secretary shall 
allocate funds made available for grants under this subsection 
for a fiscal year among States and Indian tribes which are 
eligible to receive such grants in such fiscal year based upon the 
needs of such States and Indian tribes for emergency response 
training. In determining such needs, the Secretary shall con-
sider the number of hazardous materials facilities in the State 
or on lands under the jurisdiction of the Indian tribe, the tjrpes 
and amounts of hazardous materials transported in the State or 
on such lands, whether or not the State or Indian tribe assesses 
and collects fees on the transportation of hazardous materials, 
whether or not such fees are used solely to carry out purposes 
related to the transportation of hazardous materials, and such 
other factors as the Secretary determines are appropriate to 
carry out the objectives of this subsection. 
"(c) ADOPTION OF FEDERAL STANDARDS AND COMPUANCE WITH 
EMERGENCY PLANNING REQUIREMENTS.—The Secretary may only 
make a grant to a State under this section in a fiscal year if the 
State certifies that the State is compljdng with sections 301 and 303 
of the Emergency Planning and Community Right-To-Know Act of 
1986, including compliance with such sections with respect to ac-
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3265 
cidents and incidents involving the transportation of hazardous 
materials. 
"(d) FEDERAL SHARE.—By a grant under this section, the Secretary 
shall reimburse any State or Indian tribe an amount not to exceed 
80 percent of the cost incurred by the State or Indian tribe in the 
fiscal year for carrying out the activities for which the grant is 
made. The funds of the State or Indian tribe which are required to 
be expended under subsections (a)(2) and (b)(2) shall not be consid-
ered to be part of the non-Federal share. 
"(e) APPLICATIONS.—A State or Indian tribe interested in receiving 
a grant under this section shall submit an application to the Sec-
retary for such grant. Such applications shall be submitted at such 
times and contain such information as the Secretary may require by 
regulation to carry out the objectives of this subsection. 
"(f) DELEGATION OF AUTHORITY.—For the purpose of minimizing 
administrative costs and for coordinating Federal grant programs 
for emergency response training and planning, the Secretary may 
delegate to the Director, Chairman of the Nuclear Regulatory 
Commission, Administrator, Secretary of Labor, Secretary of 
Energy, and Director of the National Institute of Environmental 
Health Sciences of the Department of Health and Human Services 
one or more of the following functions: 
"(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 for the purpose of 
making recommendation on approval or disapproval of such 
applications. 
"(4) Any other ministerial function associated with the grant 
programs under this section. 
"(g) TRAINING CURRICULUM.— 
"(1) CURRICULUM COMMITTEE.—Not later than 24 months after 
the date of the enactment of the Hazardous Materials Transpor-
tation Uniform Safety Act of 1990, the Secretary, in coordina-
tion with the Director, Chairman of the Nuclear Regulatory 
Commission, Administrator, Secretary of Labor, Secretary of 
Energy, Secretary of Health and Human Services, and Director 
of the National Institute of Environmental Health Sciences and 
using the existing coordinating mechanisms of the National 
Response Team and, for radioactive materials, the Federal 
Radiological Preparedness Coordinating Committee, shall de-
velop and update periodically a curriculum which consists of a 
list of courses necessary to train public sector emergency re-
sponse and preparedness teams. 
"(2) 
MANDATORY 
CURRICULUM 
RECOMMENDATIONS.—The 
curriculum to be developed under this subsection 
shall 
include— 
"(A) a recommended course of study— 
"(i) for training public sector employees to respond to 
accidents and incidents involving the transportation of 
hgizardous materials, 
"(ii) for planning such responses; 
"(B) recommended basic courses and minimum numbers 
of hours of instruction necessary for public sector em-
ployees to be able— 
104 STAT. 3266 
PUBLIC LAW 101-615—NOV. 16, 1990 
"(i) to respond safely and efficiently to accidents and 
incidents involving the transportation of hazardous 
materials, and 
"(ii) to plan for such responses; and 
"(C) appropriate emergency response training and plan-
ning programs for public sector employees developed under 
other Federal grant programs, including those developed 
with grants made under section 126 of the Superfund 
Amendments and Reauthorization Act of 1986. 
"(3) OPTIONAL CURRICULUM RECOMMENDATIONS.—The curricu-
lum to be developed under this subsection may include rec-
ommendations concerning materials appropriate for use in the 
recommended courses described in paragraph (2)(B). 
"(4) COMPLIANCE WITH OSHA AND EPA REGULATIONS AND NFPA 
STANDARDS.—The recommended courses described in paragraph 
(2)(B) shall provide such training to public sector employees as 
may be necessary to comply— 
"(A) with the regulations issued by the Occupational 
Safety and Health Administration of the Department of 
Labor relating to hazardous waste operations and emer-
gency response contained in part 1910 of title 29 of the Code 
of Federal Regulations, and any amendments thereto; 
"(B) with the regulations issued by the Environmental 
Protection Agency relating to worker protection standards 
for hazardous waste operations contained in part 311 of 
title 40 of the Code of Federal Regulations, and any amend-
ments thereto; and 
"(C) with standards issued by the National Fire Protec-
tion Association, relating to emergency response training, 
including standards 471 and 472. 
"(5) CONSULTATION REQUIREMENT.—In developing the curricu-
lum under this subsection, the Secretary shall consult the 
regional response teams established pursuant to the National 
Contingency Plan established under section 105 of the Com-
prehensive Environmental Response, Compensation, and Lia-
bility Act of 1980, representatives of commissions established 
pursuant to section 301 of the Emergency Planning and 
Community Right-To-Know Act of 1986 (42 U.S.C. 11001), per-
sons (including governmental entities) who provide training for 
responding to accidents and incidents involving the transpor-
tation of hazardous materials, and representatives of persons 
who respond to such accidents and incidents. 
"(6) DISSEMINATION.—The Director, in conjunction with the 
National Response Team, shall disseminate the curriculum 
developed under this section and any amendments thereto to 
the regional response teams established pursuant to the Na-
tional Contingency Plan established under section 105 of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 and to all committees and commissions 
established pursuant to section 301 of the Emergency Planning 
and Community Right-to-Know Act of 1986 (42 U.S.C. 11001). 
"(7) MONITORING AND TECHNICAL ASSISTANCE.— 
"(A) MONITORING.—The Director, in coordination with 
the Secretary, Administrator, Secretary of Energy, and 
Director of the National Institute of Environmental Health 
Sciences, shall monitor public sector emergency response 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3267 
training and planning for accidents and incidents involving 
hazardous materials. 
"(B) TECHNICAL ASSISTANCE.—Taking into account the re-
sults of monitoring under subparagraph (A), the Secretary, 
Director, Administrator, Secretary of Energy, and Director 
of the National Institute of Environmental Health Sciences 
shall each provide technical assistance to States and politi-
cal subdivisions thereof and Indian tribes for carr3ning out 
emergency response training and planning for accidents 
and incidents involving hazardous materials and shall co-
ordinate the provision of such technical assistance using 
the existing coordinating mechanisms of the national re-
sponse team and, for radioactive materials, the Federal 
Radiological Preparedness Coordinating Committee. 
"(8) PUBLICATION OF UST OF TRAINING PROGRAMS.—The Sec-
retary, in conjunction with the national response tegim, may 
publish a list of programs for training public sector employees 
to respond to accidents and incidents involving the transpor-
tation of hazardous materials which utilize one or more of the 
courses developed under this subsection. 
"(9) MINIMIZATION OF DUPUCATION OF EFFORT.—The Secretary, 
Director, Chairman of the Nuclear Regulatory Commission, 
Administrator, Secretary of Labor, Secretary of Energy, and the 
Director of the National Institute of Environmental Health 
Sciences, in conjunction with the heads of other Federal depart-
ments, agencies, and instrumentalities, shall review periodically 
all emergency response and preparedness training programs of 
the Federal department, agency, or instrumentality which such 
person heads for the purpose of minimizing duplication of effort 
and expense of such departments, agencies, and instrumental-
ities in carrying out such training programs and shall take such 
actions, including coordination of training programs, as may be 
necessary to minimize such duplication of effort and expense. 
'(h) FEES FOR TRAINING AND PLANNING.— 
"(1) ESTABUSHMENT AND COLLECTION.—Not later t h a n Septem- 
Regulations. 
ber 30, 1992, the Secretary shall establish and gissess by regula-
tion and collect an annual fee from each person who is required 
by or under section 106 to file a registration statement. 
"(2) FACTORS FOR DETERMINING AMOUNT OF FEES.—Subject to 
paragraph (3), the amount of annual fees to be collected under 
this subsection shall be determined by the Secretary based on 1 
or more of the following factors: 
"(A) The gross revenues from transportation of hazardous 
materials. 
"(B) The types of hsizardous materials transported or 
caused to be transported. 
"(C) The quantities of hazardous material transported or 
caused to be transported. 
"(D) The number of shipments of hazardous materials. 
"(E) The number of activities which the person carries 
out and for which filing of a registration statement is 
required by or under section 106. 
(F) The threat to property, persons, and the environ-
ment from an accident or incident involving the hazardous 
materials transported or caused to be transported. 
"(G) The percentage of gross revenues which are derived 
from the transportation of hazardous materials. 
104 STAT. 3268 
PUBLIC LAW 101-615—NOV. 16, 1990 
"(H) The amount of funds which are to be made available 
to cariy out this section and section 118. 
"(I) Such other factors as the Secretary considers appro-
priate. 
"(3) LIMITATIONS ON FEE AMOUNTS.— 
"(A) MAXIMUM AND MINIMUM AMOUNT.—Subject to 
subparagraph (B), the amount of a fee which may be col-
lected from a person under this section in a year may not be 
less than $250 and may not exceed $5,000. 
"(B) ADJUSTMENTS.—The Secretary shall adjust the 
amount of fees being collected from persons under this 
section to reflect any unspent balances in the account 
established under paragraph (6); except that nothing in this 
subsection shall be construed as requiring the Secretary to 
refund any fees collected under this subsection. 
"(4) TREATMENT OF FEES.—Fees collected under this subsection 
shall be in addition to any fees which the Secretary may collect 
under section 106. 
"(5) TRANSFER TO SECRETARY OF TREASURY.—The Secretary 
shall transfer to the Secretary of the Treasury amounts col-
lected under this subsection for deposit in the account estab-
lished under paragraph (6). 
"(6) USE OF AMOUNTS.— 
"(A) EsTABusHMENT OF ACCOUNT.—The Secretary of the 
Treasury shall establish in the Treasury an account into 
which the Secretary of the Treasury shall deposit amounts 
transferred by the Secretary of Transportation under para-
graph (5). 
"(B) PURPOSES.—Amounts in the account established 
under subparagraph (A) shall be available, without further 
appropriation— 
"(i) for making grants under this section and section 
118, 
"(ii) for monitoring and providing technical assist-
ance under subsection (g)(7), and 
"(iii) for paying the administrative costs of carrying 
out this section and section 118, but not to exceed 10 
percent of the amounts made available from the ac-
count in any fiscal year, 
"(i) FUNDING.— 
"(1) PLANNING GRANTS.—There shall be available to the Sec-
retary for carrying out subsection (a), from amounts in the 
account established pursuant to subsection (h), $5,000,000 per 
fiscal year for each of fiscal years 1993, 1994, 1995, 1996, 1997, 
and 1998. 
"(2) TRAINING GRANTS.—There shall be available to the Sec-
retary for carrying out subsection (b), from amounts in the 
account established pursuant to subsection (h), $7,800,000 per 
fiscal year for each of fiscal years 1993, 1994, 1995, 1996, 1997, 
and 1998. 
"(3) CURRICULUM.— 
"(A) FROM GENERAL REVENUES.—There is authorized to be 
appropriated to the Secretary to carry out subsection (g) 
(other than paragraph (7)) $1,000,000 per fiscal year for 
each of fiscal years 1991 and 1992. 
"(B) FROM FEE ACCOUNT.—There shall be available to the 
Secretary to carry out subsection (g) (other than paragraph 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3269 
(7)), from amounts in the account established pursuant to 
sulDsection (h), $1,000,000 per fiscal year for each of fiscal 
years 1993,1994,1995,1996,1997, and 1998. 
"(C) TRANSFERS.—The Secretary may transfer 
from 
amounts made available under this paragraph 
such 
amounts as may be necessary to the Director to carry 
out subsection (g)(6), relating to dissemination of the cur-
riculum. 
"(4) MONITORING AND TECHNICAL ASSISTANCE.—There shall be 
available for carrying out subsection (g)(7), from amounts in the 
account established pursuant to subsection (h)— 
"(A) to each of the Secretary, Director, Administrator, 
and Secretary of Energy $750,000; and 
"(B) to the Director of the National Institute of Environ-
mental Health Sciences $200,000; 
per fiscal year for each of fiscal years 1993, 1994, 1995, 1996, 
1997, and 1998. 
"(5) AVAILABILITY.—Funds made available pursuant to this 
subsection shall remain available until expended.". 
SEC. 18. HAZMAT EMPLOYEE TRAINING GRANT PROGRAM. 
The Act (49 U.S.C. App. 1801-1813), as amended by section 17 of 
this Act, is further amended by adding at the end the following new 
section: 
"SEC. 118. HAZMAT EMPLOYEE TRAINING GRANT PROGRAM. 
49 USC app. 
"(a) GRANT PURPOSES.—Grants for training and education of 
hazmat employees regarding the safe loading, unloading, handling, 
storage, and transportation of hazardous materials and emergency 
preparedness for responding to accidents or incidents involving the 
transportation of hazardous materials in order to meet the require-
ments issued under section 106(b) may be made under this section. 
"03) ADMINISTRATION.—Grants under this section shall be adminis-
tered by the National Institute of Environmental Health Sciences in 
consultation with the Secretary, the Administrator, and the Sec-
retary of Labor. 
"(c) GRANT RECIPIENTS.—Grants under this section shall be 
awarded to nonprofit organizations which demonstrate expertise in 
implementing and operating training and education programs for 
hazmat employees and demonstrate the ability to reach and involve 
in training programs target populations of hazmat employees. 
"(d) FUNDING.—There shall be available to the Director of the 
National Institute of Environmental Health Sciences to carry out 
this section, from amounts in the account established pursuant to 
section 117(h), $250,000 per fiscal year for each of fiscal years 1993, 
1994,1995,1996,1997, and 1998.". 
SEC. 19. RAILROAD TANK CARS. 
The Act (49 U.S.C. App. 1801 et seq.), as amended by section 18 of 
this Act, is further amended by adding at the end the following new 
section: 
"SEC. 
1
1
9
. 
RAILROAD 
TANK 
CARS. 
49 
USC 
app. 
"(a) PROHIBITIONS FOR CERTAIN MATERIALS.—No railroad tank car ^^^^• 
constructed before January 1, 1971, may be used for the transpor-
tation in commerce of any class A or B explosives, any hazardous 
material which has been designated by the Secretary as toxic by 
104 STAT. 3270 
PUBLIC LAW 101-615—NOV. 16, 1990 
inhalation, or any other hsizardous material the Secretary deter-
mines should be subject to such requirement, unless the air brake 
equipment support attachments of such tank car at a minimum 
comply with the standards for attachments set forth in part 179.100-
16 and part 179.200-19 of title 49, Code of Federal Regulations, as in 
effect on the date of enactment of this section. 
"0>) APPLICABILITY TO OTHER MATERIALS.—No railroad tank car 
constructed before January 1, 1971, may be used for the transpor-
tation in commerce of any hazardous material after July 1, 1991, 
unless the air brake equipment support attachments of such tank 
car comply with the standards for attachments set forth in part 
179.100-16 and part 179.200-19 of title 49, Code of Federal Regula-
tions, as in effect on the date of enactment of this section.". 
49 use app. 
SEC. 20. APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO FED-
181^ 
ERAL CONTRACTORS. 
The Act (49 U.S.C. App. 1801-1813), as amended by section 19 of 
this Act, is further amended by adding at the end thereof the 
following new section: 
"SEC. 120. APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO FED-
ERAL CONTRACTORS. 
"Any person who, under contract with any department, agency, or 
instrumentality of the executive, legislative, or judicial branch of 
the Federal government, transports, or causes to be transported or 
shipped, a hazardous material or manufacturers, fabricates, marks, 
maintains, reconditions, repairs, or tests a package or container 
which is represented, marked, certified, or sold by such person as 
qualified for use in the transportation of hazardous materials shall 
be subject to and comply with all provisions of this title, all orders 
and regulations issued under this title, and all other substantive and 
procedural requirements of Federal, State, and local governments 
and Indian tribes (except any such requirements that have been 
preempted by this title or any other Federal law), in the same 
manner and to the same extent as any person engaged in such 
activities that are in or affect commerce is subject to such provi-
sions, orders, regulations, and requirements.". 
49 use app. 
SEC. 21. RAILROAD TANK CAR STUDY. 
1817 note. 
, . „ 
,
™ 
« 
^ m 
. 
i ^, 
Government 
(a) STUDY.—The Secretary of Transportation shall enter into a 
contracts. 
contract with an appropriate disinterested expert body for a study 
of— 
(1) the railroad tank car design process, including specifica-
tions development, design approval, repair process approval, 
repair accountability, and the process by which designs and 
repairs are presented, weighted, and evaluated, and 
(2) railroad tank car design criteria, including whether 
headshields should be installed on all tank cars which carry 
hazardous materials. 
In carr3dng out the study described in paragraph (1), such expert 
body shall also make recommendations as to whether public safety 
considerations require greater control by and input from the Sec-
retary with respect to the railroad tank car design process, espe-
cially in the early stages, and such other recommendations as such 
expert body considers appropriate. 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3271 
(b) REPORT.—The Secretary of Transportation shall report the 
results of such study and sdch recommendations to the Congress 
within 1 year after the date of enactment of this Act. 
SEC. 22. UNIFORMITY OF STATE MOTOR CARRIER REGISTRATION AND 
PERMITTING FORMS AND PROCEDURES. 
The Act (49 U.S.C. App. 1801-1813), as amended by section 20 of 
this Act, is further amended by adding at the end the following new 
section: 
"SEC. 121. UNIFORMITY OF STATE MOTOR CARRIER REGISTRATION AND 
49 USC app. 
PERMITTING FORMS AND PROCEDURES. 
l^^^-
"(a) WORKING GROUP.—As soon as practicable after the date of the 
enactment of this section, the Secretary shall establish a working 
group comprised of State and local government officials, including 
representatives of the National Governors' Association, the Na-
tional Association of Counties, the National League of Cities, the 
United States Conference of Mayors, and the National Conference of 
State Legislatures, for the purpose of— 
"(1) establishing uniform forms and procedures for States that 
register persons who transport, cause to be transported, or ship 
a hazardous material, by motor vehicle; and 
"(2) determining whether or not to limit the filing of any 
State registration forms and collection of fees therefor to the 
State in which a person resides or has its principal place of 
business. 
"(b) CONSULTATION REQUIREMENT.—The working group estab-
lished under this section shall consult with persons who are subject 
to the registration requirements described in subsection (a) in 
establishing uniform forms and procedures and making the deter-
mination described in subsection (a). 
"(c) REPORT.—The working group established under this section 
shall transmit a final report to the Secretary and to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives not later than 36 months after the date of the 
enactment of this section. The final report shall contain a detailed 
statement of the findings and conclusions of the working group, 
together with its joint recommendations concerning the matters 
referred to in subsection (a). 
"(d) REGULATIONS.— 
"(1) GENERAL RULE.—Subject to the provisions of this subsec-
tion, the Secretary shall issue regulations implementing those 
recommendations contained in the report transmitted to the 
Secretary under subsection (c) with which the Secretary agrees. 
"(2) DEADLINE.—Regulations required to be issued by this 
subsection shall be issued by the later of the following dates: 
"(A) The last day of the 3-year period beginning on the 
date the organizations referred to in subsection (a) transmit 
their final joint report to the Secretary. 
"(B) The last day of the 90-day period beginning on the 
date on which 26 or more States adopt all of such rec-
ommendations. 
"(3) No LIMIT OF AMOUNT OF FEES.—Regulations issued under 
this section shall not define or limit the amounts of any fees 
which may be imposed or collected by any State. 
104 STAT. 3272 
PUBLIC LAW 101-615—NOV. 16, 1990 
Effective date. 
"(e) UNIFORMITY.—A regulation issued pursuant to this section 
shall take effect 1 year after the date of its issuance; except that the 
Secretary may extend such 1-year period for an additional 1-year 
period for good cause. After the effective date of such regulation, no 
State shall establish, maintain, or enforce any requirement which 
relates to the subject matter of such regulation unless such require-
ment is the same as such regulation. 
"(f) IMPLEMENTATION EFFICIENCY.—The Secretary, in consultation 
with the working group established under this section, shall develop 
a procedure to eliminate any differences in State implementation of 
regulations issued pursuant to this section. 
"(g) APPUCABIUTY OF ADVISORY COMMITTEE ACT.—The working 
group established under this section shall not be subject to the 
Federal Advisory Committee Act. 
"(h) AUTHORIZATION OF APPROPRIATION.—There is authorized to be 
appropriated for carrying out this section $400,000 per fiscal year for 
each of fiscal years 1991, 1992, and 1993. Such sums shall remain 
available until expended.". 
SEC. 23. FINANCIAL RESPONSIBILITY. 
Section 30(b)(2) of the Motor Carrier Act of 1980 (49 U.S.C. 10927 
note) is amended to read as follows: 
"(2) HAZARDOUS MATERIALS TRANSPORTATION.— 
"(A) GENERAL RULE.—Except as provided in subpara-
graphs (B) and (C), the minimal level of financial respon-
sibility established by the Secretary under paragraph (1) of 
this subsection for any vehicle transporting in interstate or 
intrastate commerce— 
"(i) hazardous substances (as defined by the Adminis-
trator of the Environmental Protection Agency) in 
cargo tanks, portable tanks, or hopper-type vehicles, 
with capacities in excess of 3,500 water gallons, 
"(ii) in bulk class A explosives, poison gas, liquefied 
gas, or compressed gas, or 
"(iii) large quantities of radioactive materials, 
shall not be less than $5,000,000. 
"(B) PHASE-IN REDUCTION.—The Secretary, by regulation, 
may reduce the $5,000,000 amount under subparagraph (A) 
(but not to an amount less than $1,000,000) for any class of 
vehicles or operations for the 3y2-year period beginning on 
the effective date of the regulations issued under this 
subsection or any part of such period if the Secretary finds 
that such reduction will not adversely affect public safety 
and will prevent a serious disruption in transportation 
service. 
"(C) TERRITORY REDUCTION.—The Secretary, by regula-
tion, may reduce the $5,000,000 amount under subpara-
graph (A) (but not to an amount less than $1,000,000) for 
transportation described in subparagraph (A) in the 
Commonwealth of Puerto Rico, the Virgin Islands, Amer-
ican Samoa, Guam, and the Commonwealth of the North-
ern Mariana Islands if the chief executive officer of such 
territory requests the reduction and if the reduction will 
not adversely affect public safety, will prevent a serious 
disruption in transportation service, and insurance at the 
$5,000,000 level is not readily available.". 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3273 
SEC. 24. FEDEJIALLY LEASED COMMERCIAL MOTOR VEHICLES. 
Section 210 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 
2509) is amended by adding at the end the following new subsection: 
"(g) FEDERALLY LEASED COMMERCIAL MOTOR VEHICLES.—Any State 
which receives Federal financial assistance under section 402 of the 
Surface Transportation Assistance Act of 1982 in a fiscal year may 
apply and enforce in such fiscal year any regulations pertaining to 
commercial motor vehicle safety adopted by such State with respect 
to commercial motor vehicles and operators leased to the United 
States.". 
SEC. 25. IMPROVEMENTS TO HAZARDOUS MATERIALS IDENTIFICATION Motor vehicles. 
SYSTEMS. 
Tele-
communications. 
(a) RULEMAKING PROCEEDING.— 
49 USC app. 
(1) INITIATION.—In order to develop methods of improving the 1804 note, 
current system of identifying hazardous materials being trans-
ported in vehicles for safeguarding the health and safety of 
persons responding to emergencies involving such hazardous 
materials and the public and to facilitate the review and report-
ing process required by subsection (d), the Secretary of 
Transportation shall initiate a rulemaking proceeding not later 
than 30 days after the date of the enactment of this Act. 
(2) PRIMARY PURPOSES.—The primary purposes of the rule-
making proceeding initiated under this subsection are— 
(A) to determine methods of improving the current 
system of placarding vehicles transporting hazardous mate-
rials; and 
(B) to determine methods for establishing and operating a 
central reporting system and computerized telecommuni-
cations data center described in subsection (b)(1). 
(3) METHODS OF IMPROVING PLACARDING SYSTEM.—The methods 
of improving the current system of placarding to be considered 
under the rulemaking proceeding initiated under this subsec-
tion shall include methods to make such placards more visible, 
methods to reduce the number of improper and missing plac-
ards, alternative methods of marking vehicles for the purpose of 
identifjdng the hazardous materials being transported, methods 
of modifying the composition of placards in order to ensure 
their resistance to flammability, methods of improving the 
coding system used with respect to such placards, identification 
of appropriate emergency response procedures through symbols 
on placards, and whether or not telephone numbers of any 
continually monitored telephone systems which are established 
under the Hazardous Materials Transportation Act are dis-
played on vehicles transporting hazardous materials. 
(4) COMPLETION OF RULEMAKING PROCEEDING WITH RESPECT TO 
REPORTING SYSTEM AND DATA CENTER.—Not later thaii 19 months 
after the date of the enactment of this Act, the Secretary of 
Transportation shall complete the rulemaking proceeding initi-
ated with respect to the central reporting system and computer-
ized telecommunications data center described in subsection (b). 
(5) FINAL RULE WITH RESPECT TO PLACARDING.—Not later than 
30 months after the date of the enactment of this Act, the 
Secretary of Transportation shall issue a finsd rule relating to 
improving the current system for placarding vehicles transport-
ing hazardous materieds. 
104 STAT. 3274 
PUBLIC LAW 101-615—NOV. 16, 1990 
(b) CENTRAL REPORTING SYSTEM AND COMPUTERIZED TELECOMMUNI-
CATIONS DATA CENTER STUDY.— 
(1) ARRANGEMENTS WITH NATIONAL ACADEMY OF SCIENCES.— 
Not later than 30 days after the date of the enactment of this 
Act, the Secretary of Transportation shall undertake to enter 
into appropriate arrangements with the National Academy of 
Sciences to conduct a study of the feasibility and necessity of 
establishing and operating a central reporting system and 
computerized telecommunications data center that is capable of 
receiving, storing, and retrieving data concerning all daily ship-
ments of hazardous materials, that can identify hazardous 
' 
materials being transported by any mode of transportation, and 
that can provide information to facilitate responses to acci-
dents and incidents involving the transportation of hazardous 
materials. 
(2) CONSULTATION AND REPORT.—In entering into any arrange-
ments with the National Academy of Sciences for conducting 
the study under this section, the Secretary of Transportation 
shall request the National Academy of Sciences— 
(A) to consult with the Department of Transportation, the 
Department of Health and Human Services, the Environ-
mental Protection Agency, the Federal Emergency Manage-
ment Agency, and the Occupational Safety and Health 
Administration, shippers and carriers of hazardous mate-
rials, manufacturers of computerized telecommunications 
systems. State and local emergency preparedness organiza-
tions (including law enforcement and firefighting organiza-
tions), and appropriate international organizations in 
conducting such study; and 
(B) to submit, not later than 19 months after the date of 
the enactment of this Act, to the Secretary, the Committee 
on Commerce, Science, and Transportation of the Senate, 
and the Committees on Energy and Commerce and Public 
Works and Transportation of the House of Representatives 
a report on the results of such study. 
Such report shall include recommendations of the National 
Academy of Sciences with respect to establishment and oper-
ation of a central reporting system and computerized tele-
communications data center described in paragraph (1). 
(3) 
AUTHORIZATION 
OF 
APPROPRIATION.—In 
addition 
to 
amounts authorized under section 115 of the Hazardous Mate-
rials Transportation Act, there is authorized to be appropriated 
to the Secretary of Transportation to carry out this subsection 
$350,000. 
(c) 
ADDITIONAL PURPOSES OF RULEMAKING 
PROCEEDING AND 
STUDY.—Additional purposes of the rulemaking proceeding initiated 
under subsection (a) with respect to a central reporting system and 
computerized telecommunications data center described in subsec-
tion (h) and the study conducted under subsection (b) are— 
(1) to determine whether such a system and center should be 
established and operated by the United States Government or 
by a private entity, either on its own initiative or under con-
tract with the United States; 
(2) to determine, on an annualized basis, the estimated cost 
for establishing, operating, and maintaining such a system and 
center and for carrier and shipper compliance with such a 
system; 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3275 
(3) to determine methods for financing the cost of establish-
ing, operating, and maintaining such a system and center; 
(4) to determine projected safety benefits of establishing and 
operating such a system and center; 
(5) to determine whether or not shippers, carriers, and han-
dlers of hazardous materials, in addition to law enforcement 
officials and persons responsible for responding to emergencies 
involving hazardous materials, should have access to such 
system for obtaining information concerning shipments of 
hazardous materials and technical and other information and 
advice with respect to such emergencies; 
(6) to determine methods for ensuring the security of the 
information and data stored in such a system; 
(7) to determine types of hazardous materials and types of 
shipments for which information and data should be stored in 
such a system; 
(8) to determine the degree of liability of the operator of such 
a system and center for providing incorrect, false, or misleading 
information; 
(9) to determine deadlines by which shippers, carriers, and 
handlers of hazardous materials should be required to submit 
information to the operator of such a system and center and 
minimum standards relating to the form and contents of such 
information; 
(10) to determine measures (including the imposition of civil 
and criminal penalties) for ensuring compliance with the dead-
lines and standards referred to in pareigraph (9); and 
(11) to determine methods for accessing such a system 
through mobile satellite service or other technologies having 
the capability to provide 2-way voice, data, or facsimile services. 
(d) REVIEW AND REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 25 months after the date of 
the enactment of this Act, the Secretary of Transportation shall 
review the report of the National Academy of Sciences submit-
ted under subsection (b) and the results of rulemaking proceed-
ing initiated under subsection (a) with respect to a central 
reporting system and computerized telecommunications data 
center and shall prepare and submit to Congress a report 
summarizing the report of the National Academy of Sciences 
and the results of such rulemaking proceeding, together with 
the Secretary's recommendations concerning the establishment 
and operation of such a system and center and the Secretary's 
recommendations 
concerning implementation 
of the rec-
ommendations contained in the report of the National Academy 
of Sciences. 
(2) WEIGHT TO BE GIVEN TO RECOMMENDATIONS OF NAS.—In 
conducting the review and preparing the report under this 
subsection, the Secretary shall give substantial weight to the 
recommendations contained in the report of the National Acad-
emy of Sciences submitted under subsection (b). 
(3) INCLUSION OF REASONS FOR NOT FOLLOWING RECOMMENDA-
TIONS.—If the Secretary does not include in the report prepared 
for submission to Congress under this subsection a rec-
ommendation for implementation of a recommendation con-
tained in the report of the National Academy of Sciences 
submitted under subsection (b), the Secretary shall include in 
the report to Congress under this subsection the Secretary's 
104 STAT. 3276 
PUBLIC LAW 101-615—NOV. 16, 1990 
reasons for not recommending implementation of the rec-
ommendation of the National Academy of Sciences. 
49 use app. 
SEC. 26. CONTINUALLY MONITORED TELEPHONE SYSTEMS. 
(a) RULEMAKING PROCEEDING.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Transportation 
shall initiate a rulemaking proceeding on the fesisibility, necessity, 
and safety benefits of requiring carriers involved in the hazardous 
materials transportation industry to establish continually mon-
itored telephone systems equipped to provide emergency response 
information and assistance with respect to accidents and incidents 
involving heizardous materials. Additional objectives of such 
proceeding shall be to determine which hazardous materials, if any, 
should be covered by such a requirement and which segments of 
such industry (including persons who own and operate motor ve-
hicles, trains, vessels, aircraft, and in-transit storage facilities) 
should be covered by such a requirement. 
(h) COMPLETION OF PROCEEDING.—Not later than 30 months after 
the date of the enactment of this Act, the Secretary of Transpor-
tation shall complete the proceeding under this section and may 
issue a final rule relating to establishment of continually monitored 
telephone systems described in subsection (a). 
SEC. 27. SHIPPER RESPONSIBILITY REPORT. 
Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Transportation shall transmit to Congress a report 
on— 
(1) the safety benefits of a law which provides that if a person 
causes a hazardous material to be transported in bulk in com-
merce by a motor carrier, which is involved in a hazardous 
material incident and which has an unsatisfactory safety rating 
issued by the Secretary or which has a conditional safety rating 
issued by the Secretary which has been in effect for a period of 
more than 12 months, such person shall be liable for at least 50 
percent of the costs, damages, and attorney's fees assessed 
against the motor carrier for any hazardous material incident 
involving such transportation; 
(2) such other systems as the Secretary of Transportation may 
determine would assure responsible actions by a person who 
causes the transportation of hazardous material in bulk in 
commerce; and 
(3) the safety benefits of a law which provides that the 
liability of the person or persons who caused such a shipment of 
hazardous materials may not be transferred by indemnification, 
hold harmless, or similar agreements. 
SEC. 28. STATE PARTICIPATION IN INVESTIGATIONS AND SURVEILLANCE. 
(a) AMENDMENT OF SECTION 206(a) OF FRSA.—Section 206(a) of the 
Federal Railroad Safety Act of 1970 (45 U.S.C. 435(a)) is amended— 
(1) by inserting "related to railroad safety" after "standard 
prescribed"; 
(2) by striking "under this title" the first place it appears; 
(3) by striking "established under this title" in paragraph (2); 
and 
(4) by striking "prescribed by the Secretary under section 
202(a) of this title and inserting "relating to railroad safety 
prescribed by the Secretary". 
PUBLIC LAW 101-615—NOV. 16, 1990 
104 STAT. 3277 
(b) AMENDMENT OF SECTION 206(b) OF FRSA.—Section 2060?) of the 
Federal Railroad Safety Act of 1970 (45 U.S.C. 435(b)) is amended by 
striking "prescribed by him under section 202(a) of this title" and 
inserting "relating to railroad safety prescribed by the Secretary". 
(c) AMENDMENT OF SECTION 206(f) OF FRSA.—Section 206(f) of the 
Federal Railroad Safety Act of 1970 (45 U.S.C. 435(f)) is amended by 
striking "under this title". 
(d) AMENDMENT TO SECTION 206 OF FRSA.—Section 206 of the 
Federal Railroad Safety Act of 1970 (45 U.S.C. 435) is amended by 
adding at the end the following: 
"(h) There is authorized to be appropriated for carrying out this 
section $5,000,000 per fiscal year for each of fiscal years 1991, 1992, 
and 1993.". 
(e) AMENDMENT OF SECTION 207(a)(1) OF FRSA.—Section 207(a)(1) 
of the Federal Railroad Safety Act of 1970 (45 U.S.C. 436(a)(1)) is 
amended— 
(1) by striking "under section 209 of this title with respect"; 
and 
(2) by striking "issued under this title or under any law 
transferred by section 6(e)(1), (e)(2), or (e)(6)(A) of the Depart-
ment of Transportation Act". 
(f) AMENDMENT OF SECTION 210(a) OF FRSA.—Section 210(a) of the 
Federal Railroad Safety Act of 1970 (45 U.S.C. 439(a)) is amended by 
striking "this title or to enforce rules, regulations, orders, or stand-
ards established under this title" and inserting "or to enforce rules, 
regulations, orders, or standards relating to railroad safety". 
SEC. 29. RETENTION OF MARKINGS AND PLACARDS. 
29 USC 655 note. 
Not later than 18 months after the date of enactment of this Act, 
the Secretary of Labor, in consultation with the Secretary of 
Transportation and the Secretary of the Treasury, shall issue under 
section GQo) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655(b)) standards requiring any employer who receives a 
package, container, motor vehicle, rail freight car, aircraft, or vessel 
which contains a hazardous material and which is required to be 
marked, placarded, or labeled in accordance with regulations issued 
under the Hazardous Materials Transportation Act to retain the 
markings, placards, and labels, and any other information as may be 
required by such regulations on the package, container, motor 
vehicle, rail freight car, aircraft, or vessel, until the hazardous 
materials have been removed therefrom. 
SEC. 30. RELATIONSHIP TO FEDERAL RAILROAD SAFETY ACT OF 1970. 
45 USC 434 note. 
Nothing in this Act, including the amendments made by this Act, 
shall be construed to alter, amend, modify, or otherwise affect the 
scope of section 205 of the Federal Railroad Safety Act of 1970. 
SEC. 31. EFFECTIVE DATE. 
49 USC app. 
(a) GENERAL RULE.—Except as provided in this Act, this Act 
(including the amendments made by this Act) shall take effect on 
the date of the enactment of this Act. 
(b) CONTINUATION OP EXISTING REGULATIONS.—Any regulation or 
ruling issued before the date of the enactment of this Act pursuant 
to the Hazardous Materials Transportation Act and any authority 
granted under such a regulation shall continue in effect according to 
39-194 O - 91 - 31 : QL 3 Part 4 
104 STAT. 3278 
PUBLIC LAW 101-615—NOV. 16, 1990 
its terms until repealed, terminated, amended, or modified by the 
Secretary of Transportation or a court of competent jurisdiction. 
Approved November 16,1990. 
LEGISLATIVE HISTORY—S. 2936 (H.R. 3520): 
HOUSE REPORTS: No. 101-444, Pt. 1 (Comm. on Energy and Commerce) and Pt. 2 
(Ck>mm. on Public Works and Transportation) both accompanying 
H.R. 3520. 
SENATE REPORTS: No. 101-449 (Comm. on Commerce, Science, and 
Transportation). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 23, considered and passed Senate. 
Oct. 25, considered and passed House, amended. 
Oct. 26, Senate concurred in House amendment.