Amendments
2008—Subsec. (d)(1). Pub. L. 110–244, § 302(i)(2), substituted “offeror’s” for “shipper’s”.
Pub. L. 110–244, § 302(i)(1), which directed substitution of “Offerors” for “Shippers” “in the subsection heading”, was executed by making the substitution in par. (1) heading to reflect the probable intent of Congress.
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary apply” for “Secretary of Transportation apply”.
Pub. L. 109–59, § 7110(a)(1), substituted “in regulations” for “under subsection (b) of this section”.
Subsecs. (b), (c). Pub. L. 109–59, § 7110(a)(2), (3), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to considerations and requirements in carrying out subsec. (a).
Subsec. (d). Pub. L. 109–59, § 7110(b), reenacted heading without change and amended text of subsec. (d) generally. Prior to amendment, text read as follows: “After the hazardous material to which a shipping paper provided to a carrier under subsection (a) applies is no longer in transportation, the person who provided the shipping paper and the carrier required to maintain it under subsection (a) shall retain the paper or electronic image thereof for a period of 1 year to be accessible through their respective principal places of business. Such person and carrier shall, upon request, make the shipping paper available to a Federal, State, or local government agency at reasonable times and locations.”
Pub. L. 109–59, § 7110(a)(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 109–59, § 7110(a)(3), redesignated subsec. (e) as (d).
1994—Subsec. (e). Pub. L. 103–311 added subsec. (e).
Improvements to Hazardous Materials Identification Systems
Pub. L. 101–615, § 25, Nov. 16, 1990, 104 Stat. 3273, provided that:
“(a) Rulemaking Proceeding.—
“(1) Initiation.—
In order to develop methods of improving the current system of identifying
hazardous materials being transported 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 reporting 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 [
Nov. 16, 1990].
“(2) Primary purposes.—The primary purposes of the rulemaking proceeding initiated under this subsection are—
“(A)
to determine methods of improving the current system of placarding vehicles transporting
hazardous materials; and
“(B)
to determine methods for establishing and operating a central reporting system and computerized telecommunications 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 subsection shall include methods to make such placards more visible, methods to reduce the number of improper and missing placards, alternative methods of marking vehicles for the purpose of identifying 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 [see
49 U.S.C. 5101 et seq.] are displayed on vehicles transporting
hazardous materials.
“(4) Completion of rulemaking proceeding with respect to reporting system and data center.—
Not later than 19 months after the date of the enactment of this Act [
Nov. 16, 1990], the
Secretary of
Transportation shall complete the rulemaking proceeding initiated with respect to the central reporting system and computerized 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 final rule relating to improving the current system for placarding vehicles transporting
hazardous materials.
“(b) Central Reporting System and Computerized Telecommunications Data Center Study.—
“(1) Arrangements with national academy of sciences.—
Not later than 30 days after the date of the enactment of this Act [
Nov. 16, 1990], 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 shipments of
hazardous materials, that can identify
hazardous materials being transported by any mode of
transportation, and that can provide information to facilitate responses to accidents and incidents involving the
transportation of
hazardous materials.
“(2) Consultation and report.—In entering into any arrangements 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
Environmental Protection Agency, the
Federal Emergency Management Agency, and the Occupational Safety and Health Administration, shippers and carriers of
hazardous materials, manufacturers of computerized telecommunications systems,
State and local emergency preparedness organizations (including law enforcement and firefighting organizations), 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 operation of a central reporting system and computerized telecommunications data center described in paragraph (1).
“(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 subsection (b) 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 contract 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;
“(3)
to determine methods for financing the cost of establishing, 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 handlers 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 deadlines and standards referred to in paragraph (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 [
Nov. 16, 1990], the
Secretary of
Transportation shall review the report of the National Academy of Sciences submitted under subsection (b) and the results of rulemaking proceeding 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 recommendations 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 Academy of Sciences submitted under subsection (b).
“(3) Inclusion of reasons for not following recommendations.—
If the
Secretary does not include in the report prepared for submission to
Congress under this subsection a recommendation for implementation of a recommendation contained 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 reasons for not recommending implementation of the recommendation of the National Academy of Sciences.”
Continually Monitored Telephone Systems
Pub. L. 101–615, § 26, Nov. 16, 1990, 104 Stat. 3273, provided that:
“(a) Rulemaking Proceeding.—
Not later than 90 days after the date of the enactment of this Act [
Nov. 16, 1990], the
Secretary of
Transportation shall initiate a rulemaking proceeding on the feasibility, necessity, and safety benefits of requiring carriers involved in the
hazardous materials transportation industry to establish continually monitored telephone systems equipped to provide emergency response information and assistance with respect to accidents and incidents involving
hazardous 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 vehicles, trains, vessels, aircraft, and in-transit storage facilities) should be covered by such a requirement.
“(b) Completion of Proceeding.—
Not later than 30 months after the date of the enactment of this Act [
Nov. 16, 1990], the
Secretary of
Transportation 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).”
