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Historical and Revision Notes
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Pub. L. 103–272
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5103(a)
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49 App.:1803.
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Jan. 3, 1975, Pub. L. 93–633, § 104, 88 Stat. 2156.
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5103(b)
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49 App.:1804(a) (1)–(3).
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Jan. 3, 1975, Pub. L. 93–633, § 105(a)(1)–(3), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, § 4, 104 Stat. 3247.
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In subsection (a), the words “such quantity and form of material” and “in his discretion” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “in accordance with section 553 of title 5” are omitted because 5:553 applies unless otherwise stated. In clause (A)(i), the words “hazardous material in commerce”, and in clause (A)(ii), the words “hazardous material . . . in commerce”, are added for consistency in this chapter.
Editorial Notes
Amendments
2015—Subsecs. (c) to (e). Pub. L. 114–94 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
2006—Subsec. (d). Pub. L. 109–177 added subsec. (d).
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary shall designate” for “Secretary of Transportation shall designate”.
Pub. L. 109–59, § 7103(a), substituted “infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material,” for “etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material,” and “determines” for “decides”.
Subsec. (b)(1)(A). Pub. L. 109–59, § 7103(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “apply to a person—
“(i) transporting hazardous material in commerce;
“(ii) causing hazardous material to be transported in commerce; or
“(iii) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a packaging or a container that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous material in commerce; and”.
Subsec. (b)(1)(C). Pub. L. 109–59, § 7103(c)(1), struck out heading and text of subpar. (C). Text read as follows: “When prescribing a security regulation or issuing a security order that affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary.”
Subsec. (c). Pub. L. 109–59, § 7103(c)(2), added subsec. (c).
2002—Subsec. (b)(1). Pub. L. 107–296, § 1711(a)(1), substituted “transportation, including security,” for “transportation” in introductory provisions.
Subsec. (b)(1)(B). Pub. L. 107–296, § 1711(a)(2), substituted “aspects, including security,” for “aspects”.
Subsec. (b)(1)(C). Pub. L. 107–296, § 1711(a)(3), added subpar. (C).
1994—Subsec. (b)(1)(A)(iii). Pub. L. 103–311 substituted “a packaging or a” for “a package or”.
Subsec. (b)(2). Pub. L. 103–429 substituted “be conducted under section 553 of title 5, including” for “include” and “presentation” for “presentations”.
Statutory Notes and Related Subsidiaries
GAO Study on Acceptance of Classification Examinations
Pub. L. 114–94, div. A, title VII, § 7207, Dec. 4, 2015, 129 Stat. 1592, provided that:
“(a) In General.—
Not later than 180 days after the date of enactment of this Act [
Dec. 4, 2015], the Comptroller General of the
United States shall evaluate and transmit to the
Secretary [of
Transportation], the Committee on
Transportation and Infrastructure of the
House of Representatives, and the Committee on
Commerce, Science, and
Transportation of the
Senate, a report on the standards, metrics, and protocols that the
Secretary uses to regulate the performance of
persons approved to recommend hazard classifications pursuant to
section 173.56(b) of title 49, Code of Federal Regulations (commonly referred to as ‘third-party labs’).
“(b) Evaluation.—The evaluation required under subsection (a) shall—
“(1)
identify what standards and protocols are used to approve such
persons, assess the adequacy of such standards and protocols to ensure that
persons seeking approval are qualified and capable of performing classifications, and make recommendations to address any deficiencies identified;
“(2)
assess the adequacy of the
Secretary’s oversight of
persons approved to perform the classifications, including the qualification of individuals engaged in the oversight of approved
persons, and make recommendations to enhance oversight sufficiently to ensure that classifications are issued as required;
“(3)
identify what standards and protocols exist to rescind, suspend, or deny approval of
persons who perform such classifications, assess the adequacy of such standards and protocols, and make recommendations to enhance such standards and protocols if necessary; and
“(4)
include annual data for fiscal years 2005 through 2015 on the number of applications received for new classifications pursuant to
section 173.56(b) of title 49, Code of Federal Regulations, of those applications how many classifications recommended by
persons approved by the
Secretary were changed to another classification and the reasons for the change, and how many
hazardous materials incidents have been attributed to a classification recommended by such approved
persons in the
United States.
“(c) Action Plan.—
Not later than 180 days after receiving the report required under subsection (a), the
Secretary shall make available to the public a plan describing any actions the
Secretary will take to establish standards, metrics, and protocols based on the findings and recommendations in the report to ensure that
persons approved to perform classification examinations required under
section 173.56(b) of title 49, Code of Federal Regulations, can sufficiently perform such examinations in a manner that meets the
hazardous materials regulations.
“(d) Regulations.—
If the report required under subsection (a) recommends new regulations in order for the
Secretary to have confidence in the accuracy of classification recommendations rendered by
persons approved to perform classification examinations required under
section 173.56(b) of title 49, Code of Federal Regulations, the
Secretary shall consider such recommendations, and if determined appropriate, issue regulations to address the recommendations not later than 18 months after the date of the publication of the plan under subsection (c).”
Railroad Carrier Employee Exposure to Radiation Study
Pub. L. 110–432, div. A, title IV, § 411, Oct. 16, 2008, 122 Stat. 4888, provided that:
“(a) Study.—The Secretary of Transportation shall, in consultation with the Secretary of Energy, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and the Chairman of the Nuclear Regulatory Commission, as appropriate, conduct a study of the potential hazards to which employees of railroad carriers and railroad contractors or subcontractors are exposed during the transportation of high-level radioactive waste and spent nuclear fuel (as defined in section 5101(a) [probably means section 5105(a)] of title 49, United States Code), supplementing the report submitted under section 5101(b) [probably means section 5105(b)] of that title, which may include—
“(1)
an analysis of the potential application of ‘as low as reasonably achievable’ principles for exposure to radiation to such employees with an emphasis on the need for special protection from radiation exposure for such employees during the first trimester of pregnancy or who are undergoing or have recently undergone radiation therapy;
“(2)
the feasibility of requiring real-time dosimetry monitoring for such employees;
“(3)
the feasibility of requiring routine radiation exposure monitoring in fixed railroad locations, such as yards and repair facilities; and
“(4)
a review of the effectiveness of the Department’s packaging requirements for radioactive materials.
“(b) Report.—
Not later than 18 months after the date of enactment of this Act [
Oct. 16, 2008], the
Secretary of
Transportation shall transmit a report on the results of the study required by subsection (a) and any recommendations to further protect employees of a railroad carrier or of a contractor or subcontractor to a railroad carrier from unsafe exposure to radiation during the
transportation of high-level radioactive waste and spent nuclear fuel to the
Senate Committee on
Commerce, Science, and
Transportation and the
House of Representatives Committee on
Transportation and Infrastructure.
“(c) Regulatory Authority.—
The
Secretary of
Transportation may issue regulations that the
Secretary determines appropriate, pursuant to the report required by subsection (b), to protect railroad employees from unsafe exposure to radiation during the
transportation of radioactive materials.”
[For definitions of “railroad carrier”, “Department”, “railroad”, and “Secretary”, as used in section 411 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
Safe Placement of Train Cars
Pub. L. 103–311, title I, § 111, Aug. 26, 1994, 108 Stat. 1676, provided that:
“The
Secretary of
Transportation shall conduct a study of existing practices regarding the placement of cars on trains, with particular attention to the placement of cars that carry
hazardous materials. In conducting the study, the
Secretary shall consider whether such placement practices increase the risk of derailment,
hazardous materials spills, or tank ruptures or have any other adverse effect on safety. The results of the study shall be submitted to
Congress within 1 year after the date of enactment of this Act [
Aug. 26, 1994].”
Fiber Drum Packaging
Pub. L. 104–88, title IV, § 406, Dec. 29, 1995, 109 Stat. 957, provided that:
“(a) In General.—In the administration of chapter 51 of title 49, United States Code, the Secretary of Transportation shall issue a final rule within 60 days after the date of the enactment of this Act [Dec. 29, 1995] authorizing the continued use of fiber drum packaging with a removable head for the transportation of liquid hazardous materials with respect to those liquid hazardous materials transported by such drums pursuant to regulations in effect on September 30, 1991, if—
“(2)
the packaging will not be used for the
transportation of
hazardous materials that include materials which are poisonous by inhalation or materials in Packing Groups I and II.
“(b) Expiration.—
The regulation referred to in subsection (a) shall expire on the later of
September 30, 1997, or the date on which funds are authorized to be appropriated to carry out
chapter 51 of title 49,
United States Code (relating to
transportation of
hazardous materials), for fiscal years beginning after
September 30, 1997.
“(c) Study.—
“(1) In general.—Within 90 days after the date of the enactment of this Act [Dec. 29, 1995], the Secretary shall contract with the National Academy of Sciences to conduct a study—
“(A)
to determine whether the requirements of
section 5103(b) of title 49,
United States Code (relating to regulations for safe
transportation), as they pertain to fiber drum packaging with a removable head can be met for the
transportation of liquid
hazardous materials (with respect to those liquid
hazardous materials transported by such drums pursuant to regulations in effect on
September 30, 1991) with standards (including fiber drum industry standards set forth in a
June 8, 1992, exemption application submitted to the
Department of Transportation), other than the performance-oriented packaging standards adopted under docket number HM–181 contained in
part 178 of title 49, Code of Federal Regulations; and
“(B)
to determine whether a packaging standard (including such fiber drum industry standards), other than such performance-oriented packaging standards, will provide an equal or greater level of safety for the
transportation of liquid
hazardous materials than would be provided if such performance-oriented packaging standards were in effect.
“(2) Completion.—
The study shall be completed before
March 1, 1997 and shall be transmitted to the Committee on
Commerce, Science, and
Transportation of the
Senate and the
Transportation and Infrastructure Committee of the
House of Representatives.
“(d) Secretarial Action.—
By
September 30, 1997, the
Secretary shall issue final regulations to determine what standards should apply to fiber drum packaging with a removable head for
transportation of liquid
hazardous materials (with respect to those liquid
hazardous materials transported by such drums pursuant to regulations in effect on
September 30, 1991) after
September 30, 1997. In issuing such regulations, the
Secretary shall give full and substantial consideration to the results of the study conducted in subsection (c).”
Pub. L. 103–311, title I, § 122, Aug. 26, 1994, 108 Stat. 1681, provided that:
“(a) Initiation of Rulemaking Proceeding.—
Not later than the 60th day following the date of enactment of this Act [
Aug. 26, 1994], the
Secretary of
Transportation shall initiate a rulemaking proceeding to determine whether the requirements of
section 5103(b) of title 49,
United States Code (relating to regulations for safe
transportation), as they pertain to open head fiber drum packaging can be met for the domestic
transportation of liquid
hazardous materials (with respect to those classifications of liquid
hazardous materials transported by such drums pursuant to regulations in effect on
September 30, 1991) with standards other than the performance-oriented packaging standards adopted under docket number HM–181 contained in
part 178 of title 49, Code of Federal Regulations.
“(b) Issuance of Standards.—
If the
Secretary of
Transportation determines, as a result of the rulemaking proceeding initiated under subsection (a), that a packaging standard other than the performance-oriented packaging standards referred to in subsection (a) will provide an equal or greater level of safety for the domestic
transportation of liquid
hazardous materials than would be provided if such performance-oriented packaging standards were in effect, the
Secretary shall issue regulations which implement such other standard and which take effect before
October 1, 1996.
“(c) Completion of Rulemaking Proceeding.—
The rulemaking proceeding initiated under subsection (a) shall be completed before October 1, 1995.
“(d) Limitations.—
“(1)
The provisions of subsections (a), (b), and (c) shall not apply to packaging for those
hazardous materials regulated by the
Department of Transportation as poisonous by inhalation under
chapter 51 of title 49,
United States Code.
