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Excerpt from
FEDERAL HAZARDOUS MATERIALS TRANSPORTATION LAW
August 10, 2005
Contents
49 U.S.C.
SUBTITLE III—GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51 — TRANSPORTATION OF HAZARDOUS MATERIAL1
Sec. 5101. Purpose
Sec. 5102. Definitions
Sec. 5103. General regulatory authority
Sec. 5103a Limitation on issuance of hazmat licenses
Sec. 5104. Representation and tampering
Sec. 5105. Transporting certain highly radioactive material
Sec. 5106. Handling criteria
Sec. 5107. Hazmat employee training requirements and grants
Sec. 5108. Registration
Sec. 5109. Motor carrier safety permits
Sec. 5110. Shipping papers and disclosure
Sec. 5111. Rail tank cars. [REPEALED. Pub.L. 109-59, Title VII, § 7111, Aug. 10, 2005, 119 Stat. 1899]
Sec. 5112. Highway routing of hazardous material
Sec. 5113. Unsatisfactory safety rating
Sec. 5114. Air transportation of ionizing radiation material
Sec.5115. Training curriculum for the public sector
Sec.5116. Planning and training grants, monitoring, and review
Sec.5117. Special permits and exclusions
Sec.5118. Inspectors. [REPEALED. Pub.L. 109-59, Title VII, § 5117(h), Aug. 10, 2005, 119 Stat. 1901
Sec.5119. Uniform forms and procedures
Sec.5120. International uniformity of standards and requirements
Sec.5121. Administrative
Sec.5122. Enforcement
Sec.5123. Civil penalty
Sec.5124. Criminal penalty
Sec.5125. Preemption
Sec.5126. Relationship to other laws
Sec.5127. Judicial review
AMENDMENTS TO OTHER STATUTES
Sec.7127. Criminal matters
Sec.7128. Additional civil and criminal penalties
Sec.7112. Unsatisfactory safety ratings
FREE STANDING PROVISIONS
Sec.7109. Registration
Sec.7120. Civil penalty
Sec.7129. Hazardous material transportation plan requirement
Sec.7130. Determining amount of undeclared shipments of hazardous materials entering the United States
Sec.7131. Hazardous materials research projects
Sec.7132. National first responder transportation incident response system
Sec.7133. Common carrier pipeline system
--------------------------------------------------------------------------------
1 As amended by H.R.3 - SAFETEA-LU (Public Law 109-59, 119 Stat. 1144, August 10, 2005)
Secs. 5101 to 5102
Sec. 5101. Purpose.
The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.
Sec. 5102. Definitions.
In this chapter--
(1) "commerce" means trade or transportation in the jurisdiction of the United States--
(A) between a place in a State and a place outside of the State;
(B) that affects trade or transportation between a place in a State and a place outside of the State; or
(C) on a United States-registered aircraft.
(2) "hazardous material" means a substance or material the Secretary designates under section 5103(a) of this title.
(3) "hazmat employee"--
(A) means an individual--
(i) who--
(I) is employed on a full time, part time, or temporary basis by a hazmat employer; or
(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and
(ii) who during the course of such full time, part time, or temporary employment, or such self employment, directly affects hazardous material transportation safety as the Secretary decides by regulation; and
(B) includes an individual, employed on a full time, part time, or temporary basis by a hazmat employer, or self employed, who during the course of employment--
(i) loads, unloads, or handles hazardous material;
(ii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iii) prepares hazardous material for transportation;
(iv) is responsible for the safety of transporting hazardous material; or
(v) operates a vehicle used to transport hazardous material.
(4) 'hazmat employer'--
(A) means a person--
(i) who--
(I) employs or uses at least 1 hazmat employee on a full time, part time, or temporary basis; or
(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and
(ii) who--
(I) transports hazardous material in commerce;
(II) causes hazardous material to be transported in commerce; or
(III) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; and
(B) includes a department, agency, or instrumentality of the United States Government, or an authority of a State, political subdivision of a State, or Indian tribe, carrying out an activity described in clause (ii).
(5) "imminent hazard" means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(6) "Indian tribe" has the same meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(7) "motor carrier"--
(A) means a motor carrier, motor private carrier, and freight forwarder as those terms
are defined in section 13102; but
(B) does not include a freight forwarder, as so defined, if the freight forwarder is not performing a function relating to highway transportation.
(8) "National Response Team" means the National Response Team established under the National Contingency Plan established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
(9) "person", in addition to its meaning under section 1 of title 1--
(A) includes a government, Indian tribe, or authority of a government or tribe that--
(i) offers hazardous material for transportation in commerce;
(ii) transports hazardous material to further a commercial enterprise; or
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold
as qualified for use in transporting hazardous material in commerce; but".
(B) does not include--
(i) the United States Postal Service; and
(ii) in sections 5123 and 5124 of this title, a department, agency, or instrumentality of the Government.
(10) "public sector employee"--
(A) Means an individual employed by a State, political subdivision of a State, or Indian tribe and who during the course of employment has responsibilities related to responding to an accident or incident involving the transportation of hazardous material;
(B) includes an individual employed by a State, political subdivision of a State, or Indian tribe as a firefighter or law enforcement officer; and
(C) includes an individual who volunteers to serve as a firefighter for a State, political subdivision of a State, or Indian tribe.
(11) 'Secretary" means the Secretary of Transportation except as otherwise provided.
(12) "State" means--
(A) except in section 5119 of this title, a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and any other territory or possession of the United States designated by the Secretary; and
(B) in section 5119 of this title, a State of the United States and the District of Columbia.
(13) "transports" or "transportation" means the movement of property and loading, unloading, or storage incidental to the movement.
(14) "United States" means all of the States.
Secs. 5103 to 5104
Sec. 5103. General regulatory authority.
(a) Designating material as hazardous.--The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property.
(b) Regulations for safe transportation.--(1) The Secretary shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The regulations--
(A) apply to a person who--
(i) transports hazardous material in commerce;
(ii) causes hazardous material to be transported in commerce;
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iv) prepares or accepts hazardous material for transportation in commerce;
(v) is responsible for the safety of transporting hazardous material in commerce;
(vi) certifies compliance with any requirement under this chapter; or
(vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and
(B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
(2) A proceeding to prescribe the regulations must be conducted under section 553 of title 5, including an opportunity for informal oral presentation.
(c) Consultation.--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 of Transportation.
Sec. 5103a Limitation on issuance of hazmat licenses.
(a) Limitation.--
(1) Issuance of licenses.--A State may not issue to any individual a license to operate a motor vehicle transporting in commerce a hazardous material unless the Secretary has first determined, upon receipt of a notification under subsection (d)(1)(B), that the individual does not pose a security risk warranting denial of the license.
(2) Renewals included.--For the purposes of this section, the term 'issue', with respect to a license, includes renewal of the license.
(b) Hazardous materials described.--The limitation in subsection (a) shall apply with respect to any material defined as hazardous material by the Secretary for which the Secretary requires placarding of a commercial motor vehicle transporting that material in commerce.
(c) Recommendations on chemical and biological materials.--The Secretary of Health and Human Services shall recommend to the Secretary of Transportation any chemical or biological material or agent for regulation as a hazardous material under section 5103(a) if the Secretary of Health and Human Services determines that such material or agent poses a significant risk to the health of individuals.
(d) Background records check.--
(1) In general.--Upon the request of a State regarding issuance of a license described in subsection (a)(1) to an individual, the Attorney General--
(A) shall carry out a background records check regarding the individual; and
(B) upon completing the background records check, shall notify the Secretary of the completion and results of the background records check.
(2) Scope.--A background records check regarding an individual under this subsection shall consist of the following:
(A) A check of the relevant criminal history data bases.
(B) In the case of an alien, a check of the relevant data bases to determine the status of the alien under the immigration laws of the United States.
(C) As appropriate, a check of the relevant international data bases through Interpol-U.S. National Central Bureau or other appropriate means.
(e) Reporting requirement.--Each State shall submit to the Secretary, at such time and in such manner as the Secretary may prescribe, the name, address, and such other information as the Secretary may require, concerning--
(1) each alien to whom the State issues a license described in subsection (a); and
(2) each other individual to whom such a license is issued, as the Secretary may require.
(f) Alien defined.--In this section, the term "alien" has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act.
(g) Background checks for drivers hauling hazardous materials.--
(1) In general.--
(A) Employer notification.--Not later than 90 days after the date of enactment of this subsection, the Director of the Transportation Security Administration, after receiving comments from interested parties, shall develop and implement a process for notifying hazmat employers designated by an applicant of the results of the applicant's background record check, if--
(i) such notification is appropriate considering the potential security implications; and
(ii) the Director, in a final notification of threat assessment, served on the applicant determines that the applicant does not meet the standards set forth in regulations issued to carry out this section.
(B) Relationship to other background records checks.--
(i) Elimination of redundant checks.--An individual with respect to whom the Transportation Security Administration--
(I) has performed a security threat assessment under this section; and
(II) has issued a final notification of no security threat,
is deemed to have met the requirements of any other background check that is
required for purposes of any Federal law applicable to transportation workers if that background check is equivalent to, or less stringent than, the background check required under this section.
(ii) Determination by director.--Not later than 60 days after the date of issuance of the report under paragraph (5), but no later than 120 days after the date of enactment of this Act, the Director shall initiate a rulemaking proceeding, including notice and opportunity for comment, to determine which background checks required for purposes of Federal laws applicable to transportation workers are equivalent to, or less stringent than, those required under this section.
(iii) Future rulemakings.--The Director shall make a determination under the criteria established under clause (ii) with respect to any rulemaking proceeding to establish or modify required background checks for transportation workers initiated after the date of enactment of this subsection.
(2) Appeals process for more stringent State procedures.--If a State establishes its own standards for applicants for a hazardous materials endorsement to a commercial driver's license, the State shall also provide--
(A) an appeals process similar to and to the same extent as the process provided under part 1572 of title 49, Code of Federal Regulations, by which an applicant denied a hazardous materials endorsement to a commercial driver's license by that State may appeal that denial; and
(B) a waiver process similar to and to the same extent as the process provided under part 1572 of title 49, Code of Federal Regulations, by which an applicant denied a hazardous materials endorsement to a commercial driver's license by that State may apply for a waiver.
(3) Clarification of term defined in regulations.--The term "transportation security incident", as defined in part 1572 of title 49, Code of Federal Regulations, does not include a work stoppage or other nonviolent employee-related action resulting from an employer-employee dispute. Not later than 30 days after the date of enactment of this subsection, the Director shall modify the definition of that term to reflect the preceding sentence.
(4) Background check capacity.--Not later than October 1, 2005, the Director shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives a report on the implementation of fingerprint-based security threat assessments and the adequacy of fingerprinting locations, personnel, and resources to accomplish the timely processing of fingerprint-based security threat assessments for individuals holding commercial driver's licenses who are applying to renew hazardous materials endorsements.
(5) Report.--
(A) In general.--Not later than 60 days after the date of enactment of this subsection, the Director shall transmit to the committees referred to in paragraph (4) a report on the Director's plans to reduce or eliminate redundant background checks for holders of hazardous materials endorsements performed under this section.
(B) Contents.--The report shall--
(i) include a list of background checks and other security or threat assessment requirements applicable to transportation workers under Federal laws for which the Department of Homeland Security is responsible and the process by which the Secretary of Homeland Security will determine whether such checks or assessments are equivalent to, or less stringent than, the background check performed under this section; and
(ii) provide an analysis of how the Director plans to reduce or eliminate redundant background checks in a manner that will continue to ensure the highest level of safety and security.
(h) Commercial motor vehicle operators registered to operate in Mexico or Canada.--
(1) In general.--Beginning on the date that is 6 months after the date of enactment of this subsection, a commercial motor vehicle operator registered to operate in Mexico or Canada shall not operate a commercial motor vehicle transporting a hazardous material in commerce in the United States until the operator has undergone a background records check similar to the background records check required for commercial motor vehicle operators licensed in the United States to transport hazardous materials in commerce.
(2) Extension.--The Director of the Transportation Security Administration may extend the deadline established by paragraph (1) for a period not to exceed 6 months if the Director determines that such an extension is necessary.
(3) Commercial motor vehicle defined.--In this subsection, the term "commercial motor vehicle" has the meaning given that term by section 31101.
Sec. 5104. Representation and tampering.
(a) Representation.--A person may represent, by marking or otherwise, that--
(1) a package, component of a package, or packaging for transporting hazardous material is safe, certified, or complies with this chapter only if the package, component of a package, or packaging meets the requirements of each applicable regulation prescribed under this chapter; or
(2) hazardous material is present in a package, container, motor vehicle, rail freight car, aircraft, or vessel only if the material is present.
(b) Tampering.--No person may alter, remove, destroy, or otherwise tamper unlawfully with--
(1) a marking, label, placard, or description on a document required under this chapter or a regulation prescribed under this chapter; or
(2) a package, component of a package, or packaging, container, motor vehicle, rail freight car, aircraft, or vessel used to transport hazardous material.
Secs. 5105 to 5107
Sec. 5105. Transporting certain highly radioactive material.
(A) Definitions.--In this section, "high-level radioactive waste" and "spent nuclear fuel" have the same meanings given those terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(B) Transportation safety study.--In consultation with the Secretary of Energy, the Nuclear Regulatory Commission, potentially affected States and Indian tribes, representatives of the rail transportation industry, and shippers of high-level radioactive waste and spent nuclear fuel, the Secretary shall conduct a study comparing the safety of using trains operated only to transport high-level radioactive waste and spent nuclear fuel with the safety of using other methods of rail transportation for transporting that waste and fuel. The Secretary shall submit to Congress not later than November 16, 1991, a report on the results of the study.
(c) Safe rail transportation regulations.--Not later than November 16, 1992, after considering the results of the study conducted under subsection b of this section, the Secretary shall prescribe amendments to existing regulations that the Secretary considers appropriate to provide for the safe rail transportation of high-level radioactive waste and spent nuclear fuel, including trains operated only for transporting high-level radioactive waste and spent nuclear fuel.
(d) Inspections of motor vehicles transporting certain material.--(1) Not later than November 16, 1991, the Secretary shall require by regulation that before each use of a motor vehicle to transport a highway-route-controlled quantity of radioactive material in commerce, the vehicle shall be inspected and certified as complying with this chapter and applicable United States motor carrier safety laws and regulations. The Secretary may require that the inspection be carried out by an authorized United States Government inspector or according to appropriate State procedures.
(2) The Secretary may allow a person, transporting or causing to be transported a highway-route-controlled quantity of radioactive material, to inspect the motor vehicle used to transport the material and to certify that the vehicle complies with this chapter. The inspector qualification requirements the Secretary prescribes for an individual inspecting a motor vehicle apply to an individual conducting an inspection under this paragraph
OSHA DOT Hazmat general awareness online class-hazardous waste training.Covers HMR,hazmat,dot shipping,label and marking for shipment,loading and unloading hazardous material,shipping papers for transporting hazardous materials and loading and storage of hazardous materials
Sec. 5106. Handling criteria.
The Secretary may prescribe criteria for handling hazardous material, including--
(1) a minimum number of personnel;
(2) minimum levels of training and qualifications for personnel;
(3) the kind and frequency of inspections;
(4) equipment for detecting, warning of, and controlling risks posed by the hazardous material;
(5) specifications for the use of equipment and facilities used in handling and transporting the hazardous material; and
(6) a system of monitoring safety procedures for transporting the hazardous material.
Sec. 5107. Hazmat employee training requirements and grants.
(A) Training requirements.--The Secretary shall prescribe by regulation requirements for training that a hazmat employer must give hazmat employees of the employer on the safe loading, unloading, handling, storing, and transporting of hazardous material and emergency preparedness for responding to an accident or incident involving the transportation of hazardous material. The regulations--
(1) shall establish the date, as provided by subsection (b) of this section, by which the training shall be completed; and
(2) may provide for different training for different classes or categories of hazardous material and hazmat employees.
(B) Beginning and completing training.--A hazmat employer shall begin the training of hazmat employees of the employer not later than 6 months after the Secretary prescribes the regulations under subsection (a) of this section. The training shall be completed within a reasonable period of time after--
(1) 6 months after the regulations are prescribed; or
(2) the date on which an individual is to begin carrying out a duty or power of a hazmat employee if the individual is employed as a hazmat employee after the 6-month period.
(c) Certification of training.--After completing the training, each hazmat employer shall certify, with documentation the Secretary may require by regulation, that the hazmat 13
employees of the employer have received training and have been tested on appropriate transportation areas of responsibility, including at least one of the following:
(1) recognizing and understanding the Department of Transportation hazardous material classification system.
(2) the use and limitations of the Department hazardous material placarding, labeling, and marking systems.
(3) general handling procedures, loading and unloading techniques, and strategies to reduce the probability of release or damage during or incidental to transporting hazardous material.
(4) health, safety, and risk factors associated with hazardous material and the transportation of hazardous material.
(5) appropriate emergency response and communication procedures for dealing with an accident or incident involving hazardous material transportation.
(6) the use of the Department Emergency Response Guidebook and recognition of its limitations or the use of equivalent documents and recognition of the limitations of those documents.
(7) applicable hazardous material transportation regulations.
(8) personal protection techniques.
(9) preparing a shipping document for transporting hazardous material.
(d) Coordination of training requirements.--In consultation with the Administrator of the Environmental Protection Agency and the Secretary of Labor, the Secretary shall ensure that the training requirements prescribed under this section do not conflict with or duplicate--
(1) the requirements of regulations the Secretary of Labor prescribes related to hazard communication, and hazardous waste operations, and emergency response that are contained in part 1910 of title 29, Code of Federal Regulations; and
(2) the regulations the Agency prescribes related to worker protection standards for hazardous waste operations that are contained in part 311 of title 40, Code of Federal Regulations.
(e) Training grants.--
(1) In general.--Subject to the availability of funds under section 5128(c), the Secretary shall make grants under this subsection--
(A) for training instructors to train hazmat employees; and
(B) to the extent determined appropriate by the Secretary, for such instructors to train hazmat employees.
(2) Eligibility.--A grant under this subsection shall be made to a nonprofit hazmat employee organization that demonstrates--
(A) expertise in conducting a training program for hazmat employees; and
(B) the ability to reach and involve in a training program a target population of hazmat employees.
(f) Training of certain employees.--The Secretary shall ensure that maintenance-of-way employees and railroad signalmen receive general awareness and familiarization training and safety training pursuant to section 172.704 of title 49, Code of Federal Regulations.
(g) Relationship to other laws.--(1) Chapter 35 of title 44 does not apply to an activity of the Secretary under subsections (a)-(d) of this section.
(2) An action of the Secretary under subsections (a)-(d) of this section and section 5106 is not an exercise, under section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.
(h) Existing effort.--No grant under subsection (e) shall supplant or replace existing employer-provided hazardous materials training efforts or obligations.
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