49 U.S. Code § 5112 - Highway routing of hazardous material
(a)
Application.—
(1)
This section applies to a motor vehicle only if the vehicle is transporting hazardous material in commerce for which placarding of the vehicle is required under regulations prescribed under this chapter. However, the Secretary by regulation may extend application of this section or a standard prescribed under subsection (b) of this section to—
(b)
Standards for States and Indian Tribes.—
(1)
The Secretary, in consultation with the States, shall prescribe by regulation standards for States and Indian tribes to use in carrying out subsection (a) of this section. The standards shall include—
(A)
a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe shall enhance public safety in the area subject to the jurisdiction of the State or tribe and in areas of the United States not subject to the jurisdiction of the State or tribe and directly affected by the designation, limitation, or requirement;
(B)
minimum procedural requirements to ensure public participation when the State or Indian tribe is establishing a highway routing designation, limitation, or requirement;
(C)
a requirement that, in establishing a highway routing designation, limitation, or requirement, a State or Indian tribe consult with appropriate State, local, and tribal officials having jurisdiction over areas of the United States not subject to the jurisdiction of that State or tribe establishing the designation, limitation, or requirement and with affected industries;
(D)
a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe shall ensure through highway routing for the transportation of hazardous material between adjacent areas;
(E)
a requirement that a highway routing designation, limitation, or requirement of one State or Indian tribe affecting the transportation of hazardous material in another State or tribe may be established, maintained, and enforced by the State or tribe establishing the designation, limitation, or requirement only if—
(F)
a requirement that establishing a highway routing designation, limitation, or requirement of a State or Indian tribe be completed in a timely way;
(G)
a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe provide reasonable routes for motor vehicles transporting hazardous material to reach terminals, facilities for food, fuel, repairs, and rest, and places to load and unload hazardous material;
(H)
a requirement that a State be responsible—
(c)
List of Route Designations.—
(1)
In general.—
In coordination with the States, the Secretary shall update and publish periodically a list of currently effective hazardous material highway route designations.
(d)
Dispute Resolution.—
(1)
The Secretary shall prescribe regulations for resolving a dispute related to through highway routing or to an agreement with a proposed highway route designation, limitation, or requirement between or among States, political subdivisions of different States, or Indian tribes.
(2)
A State or Indian tribe involved in a dispute under this subsection may petition the Secretary to resolve the dispute. The Secretary shall resolve the dispute not later than one year after receiving the petition. The resolution shall provide the greatest level of highway safety without being an unreasonable burden on commerce and shall ensure compliance with standards prescribed under subsection (b) of this section.
(e)
Relationship to Other Laws.—
This section and regulations prescribed under this section do not affect sections
31111 and
31113 of this title or section
127 of title
23.
(f)
Existing Radioactive Material Routing Regulations.—
The Secretary is not required to amend or again prescribe regulations related to highway routing designations over which radioactive material may and may not be transported by motor vehicles, and limitations and requirements related to the routing, that were in effect on November 16, 1990.
Source
(Pub. L. 103–272, § 1(d),July 5, 1994, 108 Stat. 769; Pub. L. 109–59, title VII, § 7126,Aug. 10, 2005, 119 Stat. 1909; Pub. L. 112–141, div. C, title III, § 33013(a),July 6, 2012, 126 Stat. 839.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5112(a)(1) | 49 App.:1804(b)(7). | Jan. 3, 1975, Pub. L. 93–633, § 105(b)(1)–(3), (5)–(9), (c), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, § 4, 104 Stat. 3248, 3251. |
| 5112(a)(2) | 49 App.:1804(b)(1). | |
| 5112(b)(1) | 49 App.:1804(b)(2), (3). | |
| 5112(b)(2) | 49 App.:1804(b)(9). | |
| 5112(c) | 49 App.:1804(c). | |
| 5112(d) | 49 App.:1804(b)(5). | |
| 5112(e) | 49 App.:1804(b)(6). | |
| 5112(f) | 49 App.:1804(b)(8). |
In subsection (a)(1), the words “in the area which is subject to the jurisdiction of such State or Indian tribe” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “Not later than 18 months after November 16, 1990” are omitted as obsolete. In clause (H)(i), the words “prescribed under this subsection” are added for clarity.
In subsection (d)(1), the words “within 18 months of November 16, 1990” are omitted as obsolete. The words “over a matter” are omitted as surplus.
In subsection (d)(3), the word “civil” is added for consistency in the revised title and with other titles of the United States Code.
In subsection (e), the words “superseding or otherwise”, “application of”, “relating to vehicle weight limitations”, and “relating to vehicle length and vehicle width limitations, respectively” are omitted as surplus.
In subsection (f), the word “modify” is omitted as surplus and for consistency in the revised title. The words “issued by the Department of Transportation before November 16, 1990, and” are omitted as obsolete.
Amendments
2012—Subsec. (c). Pub. L. 112–141designated existing provisions as par. (1), inserted heading, and added par. (2).
2005—Subsec. (a)(1). Pub. L. 109–59substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141effective Oct. 1, 2012, see section 3(a) ofPub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section
101 of Title
23, Highways.
Study of Hazardous Materials Transportation by Motor Carriers Near Federal Prisons
Pub. L. 103–311, title I, § 121,Aug. 26, 1994, 108 Stat. 1681, directed Secretary of Transportation to submit to Congress, not later than 1 year after Aug. 26, 1994, report on results of study to determine safety considerations of transporting hazardous materials by motor carriers in close proximity to Federal prisons, particularly those housing maximum security prisoners, which was to include evaluation of ability of such facilities and designated local planning agencies to safely evacuate such prisoners in event of emergency and any special training, equipment, or personnel that would be required by such facility and designated local emergency planning agencies to carry out such evacuation.
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