(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—
(2) Except as provided by subsection (d) of this section and section 5125(c) of this title, each State and Indian tribe may establish, maintain, and enforce—
(A)
designations of specific highway routes over which
hazardous material may and may not be transported by motor vehicle; and
(B)
limitations and requirements related to highway routing.
(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;
(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—
(i)
the designation, limitation, or requirement is agreed to by the other
State or tribe within a reasonable period or is approved by the
Secretary under subsection (d) of this section; and
(ii)
the designation, limitation, or requirement is not an unreasonable burden on
commerce;
(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—
(i)
for ensuring that political subdivisions of the
State comply with standards prescribed under this subsection in establishing, maintaining, and enforcing a highway routing designation, limitation, or requirement; and
(ii)
for resolving a dispute between political subdivisions; and
(I) a requirement that, in carrying out subsection (a) of this section, a State or Indian tribe shall consider—
(i)
population densities;
(ii)
the types of highways;
(iv)
emergency response capabilities;
(v)
the results of consulting with affected
persons;
(vi)
exposure and other risk factors;
(vii)
terrain considerations;
(viii)
the continuity of routes;
(xii)
other factors the
Secretary considers appropriate.
(2)
The
Secretary may not assign a specific weight that a
State or
Indian tribe shall use when considering the factors under paragraph (1)(I) of this subsection.
(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.
(2) State responsibilities.—
(A) In general.—Each State shall submit to the Secretary, in a form and manner to be determined by the Secretary and in accordance with subparagraph (B)—
(B) Frequency.—Each State shall submit the information described in subparagraph (A)(ii)—
(i)
at least once every 2 years; and
(ii)
not later than 60 days after a
hazardous material highway route designation is established, amended, or discontinued.
(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.
(3)
(A) After a petition is filed under this subsection, a civil action about the subject matter of the dispute may be brought in a court only after the earlier of—
(i)
the day the
Secretary issues a final decision; or
(ii)
the last day of the one-year period beginning on the day the
Secretary receives the petition.
(B)
A
State or
Indian tribe adversely affected by a decision of the
Secretary under this subsection may bring a civil action for judicial review of the decision in an appropriate district court of the
United States not later than 89 days after the day the decision becomes final.
(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.
(
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.)
Historical and Revision Notes
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5112(a)(1)
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49 App.:1804(b)(7).
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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)
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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.
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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