Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>

legal/us/code/title-49/chapter-51/section-5101.md

@@ -0,0 +1,65 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5101"
+description: "Purpose"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5101"
+citation: "49 U.S.C. § 5101"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5101"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "2ef7f716ea41af726dd47c6ac593c68d54f4730122320b8caaad51aac29ece3a"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "698ed11ec5feb41998938744a3b29fbb5abc4fd325b585cb42cc28005b6bd076"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5101 - Purpose
+
+## Text
+
+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.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 759; Pub. L. 109–59, title VII, § 7101(b), Aug. 10, 2005, 119 Stat. 1891.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 510149 App.:1801.Jan. 3, 1975, Pub. L. 93–633, § 102, 88 Stat. 2156. The words “It is declared to be the policy of Congress”, “the Nation”, and “which are” are omitted as surplus.
+
+Editorial Notes
+
+Amendments2005—Pub. L. 109–59 substituted “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” for “The purpose of this chapter is to provide adequate protection against the risks to life and property inherent in the transportation of hazardous material in commerce by improving the regulatory and enforcement authority of the Secretary of Transportation”.
+
+Statutory Notes and Related Subsidiaries
+
+Short Title of 2015 AmendmentPub. L. 114–94, div. A, title III, § 3001, Dec. 4, 2015, 129 Stat. 1446, provided that: “This title [amending sections 5302 to 5304, 5307, 5309 to 5312, 5314, 5315, 5323, 5325, 5327, 5329, 5336 to 5340, and 10501 of this title and sections 5313 and 5314 of Title 5, Government Organization and Employees, repealing sections 5313, 5319, and 5322 of this title, enacting provisions set out as notes under 5309, 5310, 5325, 5329, 5338 of this title, section 5313 of Title 5, and section 12143 of Title 42, The Public Health and Welfare, amending provisions set out as a note under sections 5303 of this title, and repealing provisions set out as a note under section 5309 of this title] may be cited as the ‘Federal Public Transportation Act of 2015’.” Pub. L. 114–94, div. A, title VII, § 7001, Dec. 4, 2015, 129 Stat. 1588, provided that: “This title [amending sections 5103, 5107 to 5109, 5116, 5117, 5121, and 5128 of this title and enacting provisions set out as notes under sections 5103, 5116, 20103, 20141, 20155, and 31305 of this title] may be cited as the ‘Hazardous Materials Transportation Safety Improvement Act of 2015’.”
+
+Short Title of 2012 AmendmentPub. L. 112–141, div. B, § 20001, July 6, 2012, 126 Stat. 622, provided that: “This division [see Tables for classification] may be cited as the ‘Federal Public Transportation Act of 2012’.” Pub. L. 112–141, div. C, title III, § 33001, July 6, 2012, 126 Stat. 832, provided that: “This title [see Tables for classification] may be cited as the ‘Hazardous Materials Transportation Safety Improvement Act of 2012’.”
+
+Short Title of 2005 AmendmentPub. L. 109–59, title III, § 3001, Aug. 10, 2005, 119 Stat. 1544, provided that: “This title [see Tables for classification] may be cited as the ‘Federal Public Transportation Act of 2005’.” Pub. L. 109–59, title VII, § 7001, Aug. 10, 2005, 119 Stat. 1891, provided that: “This title [see Tables for classification] may be cited as the ‘Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005’.”
+
+Short Title of 1998 AmendmentPub. L. 105–178, title III, § 3001, June 9, 1998, 112 Stat. 338, provided that: “This title [amending sections 5302 to 5305, 5307 to 5315, 5317 to 5320, 5323, 5325 to 5328, and 5333 to 5338 of this title and enacting provisions set out as notes under sections 301, 5301, 5307 to 5310, 5323, 5336, and 5338 of this title and sections 138 and 322 of Title 23, Highways] may be cited as the ‘Federal Transit Act of 1998’.”
+
+Short Title of 1996 AmendmentPub. L. 104–291, title II, § 201, Oct. 11, 1996, 110 Stat. 3453, provided that: “This title [enacting section 5908 of this title and amending sections 5901 to 5903 and 5905 to 5907 of this title] may be cited as the ‘Intermodal Safe Container Transportation Amendments Act of 1996’.”
+
+Short Title of 1994 AmendmentPub. L. 103–311, title I, § 101, Aug. 26, 1994, 108 Stat. 1673, provided that: “This title [amending sections 5102 to 5104, 5107, 5108, 5110, 5116, 5117, 5121, and 5125 to 5127 of this title and enacting provisions set out as notes under this section, sections 5103, 5112, and 5121 of this title, and section 307 of Title 23, Highways] may be cited as the ‘Hazardous Materials Transportation Authorization Act of 1994’.”
+
+Transfer of Functions For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
+
+FindingsPub. L. 109–59, title VII, § 7101(a), Aug. 10, 2005, 119 Stat. 1891, provided that: “Congress finds with respect to hazardous materials transportation that— “(1) approximately 4,000,000,000 tons of regulated hazardous materials are transported each year and approximately 1,200,000 movements of hazardous materials occur each day, according to Department of Transportation estimates; “(2) the movement of hazardous materials in commerce is necessary to maintain economic vitality and meet consumer demands and must be conducted in a safe, secure, and efficient manner; “(3) accidents involving, or unauthorized access to, hazardous materials in transportation may result in a release of such materials and pose a serious threat to public health and safety; “(4) because of the potential risks to life, property, and the environment posed by unintentional releases of hazardous materials, consistency in laws and regulations governing the transportation of hazardous materials is necessary and desirable; and “(5) in order to provide reasonable, adequate, and cost-effective protection from the risks posed by the transportation of hazardous materials, a network of well-trained State and local emergency response personnel and hazmat employees is essential.”
+
+Buy AmericanPub. L. 103–311, title I, § 123, Aug. 26, 1994, 108 Stat. 1682, provided that: “(a) Compliance With Buy American Act.—None of the funds made available under this title [see Short Title of 1994 Amendment note above] may be expended in violation of sections 2 through 4 of the Act of March 3, 1933 ([former] 41 U.S.C. 10a–10c; popularly known as the ‘Buy American Act’ [see 41 U.S.C. 8301 et seq.]), which are applicable to those funds. “(b) Sense of Congress; Requirement Regarding Notice.—“(1) In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this title, it is the sense of Congress that entities receiving such assistance should, in expending such assistance, purchase only American-made equipment and products. “(2) In providing financial assistance under this title, the Secretary of Transportation shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by Congress. “(c) Prohibition of Contracts.—If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this title, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. “(d) Reciprocity.—“(1) Except as provided in paragraph (2), no contract or subcontract may be made with funds authorized under this title to a company organized under the laws of a foreign country unless the Secretary of Transportation finds that such country affords comparable opportunities to companies organized under laws of the United States. “(2)(A) The Secretary of Transportation may waive the provisions of paragraph (1) if the products or services required are not reasonably available from companies organized under the laws of the United States. Any such waiver shall be reported to Congress. “(B) Paragraph (1) shall not apply to the extent that to do so would violate the General Agreement on Tariffs and Trade or any other international agreement to which the United States is a party.”
+
+“Secretary” Defined Pub. L. 112–141, div. C, title III, § 33002, July 6, 2012, 126 Stat. 832, provided that: “In this title [see Tables for classification], the term ‘Secretary’ means the Secretary of Transportation.”

legal/us/code/title-49/chapter-51/section-5102.md

@@ -0,0 +1,151 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5102"
+description: "Definitions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5102"
+citation: "49 U.S.C. § 5102"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5102"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "72a0b1cbc444b0d542ffffd628e48cc778b84ae4ce4a5c7dfb0eea16ce2c66af"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "efe8f5c47721e8ff98e4a9738b52e9a46bdd798467591384642c7a4ff03c5772"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5102 - Definitions
+
+## Text
+
+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).11 See References in Text note below.
+
+(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.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 759; Pub. L. 103–311, title I, § 117(a)(1), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 104–88, title III, § 308(d), Dec. 29, 1995, 109 Stat. 947; Pub. L. 109–59, title VII, §§ 7102, 7126, Aug. 10, 2005, 119 Stat. 1892, 1909; Pub. L. 110–244, title III, § 302(a), June 6, 2008, 122 Stat. 1618.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5102(1)49 App.:1802(1)–(3), (13).Jan. 3, 1975, Pub. L. 93–633, § 103, 88 Stat. 2156; restated Nov. 16, 1990, Pub. L. 101–615, § 3(a), 104 Stat. 3245; Oct. 24, 1992, Pub. L. 102–508, §§ 501, 502, 106 Stat. 3311. 5102(2)49 App.:1802(4). 5102(3)49 App.:1802(5). 5102(4)49 App.:1802(6). 5102(5)49 App.:1802(7). 5102(6)49 App.:1802(8). 5102(7)49 App.:1802(9). 5102(8)49 App.:1802(10). 5102(9)49 App.:1802(11). 5102(10)49 App.:1802(12). 5102(11)49 App.:1802(14). 5102(12)49 App.:1802(15). 5102(13)49 App.:1802(16). In this chapter, the words “or shipped” are omitted as being included in “transported”. In clause (1), before subclause (A), the text of 49 App.:1802(1), (3), and (13) is omitted because the complete names of the Administrator of the Environmental Protection Agency, Director of the Federal Emergency Management Agency, and Secretary of Transportation are used the first time the terms appear in a section. The words “traffic, commerce” are omitted as surplus. In subclause (B), the words “between a place in a State and a place outside of the State” are substituted for “described in clause (A)” for clarity. In clauses (3)(C) and (10)(B), the words “at a minimum” are omitted as surplus. In clause (5), the words “administrative hearing or other” are omitted as surplus. In clause (9), before subclause (A), the words “including any trustee, receiver, assignee, or similar representative thereof” are omitted as surplus. In clause (12), the words “by any mode” are omitted as surplus.
+
+Editorial Notes
+
+References in TextSection 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), referred to in par. (6), is section 4 of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2204, which was classified to section 450b of Title 25, Indians, prior to editorial reclassification as section 5304 of Title 25.
+
+Amendments2008—Par. (3). Pub. L. 110–244 amended Pub. L. 109–59, § 7102(2). See 2005 Amendment notes below. 2005—Par. (1)(C). Pub. L. 109–59, § 7102(1), added subpar. (C). Par. (2). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”. Par. (3)(A)(i). Pub. L. 109–59, § 7102(2)(A), as amended by Pub. L. 110–244, § 302(a)(1), (2), added cl. (i) and struck out former cl. (i) which read as follows: “employed by a hazmat employer; and”. Par. (3)(A)(ii). Pub. L. 109–59, § 7102(2)(B), as amended by Pub. L. 110–244, § 302(a)(1), (3), substituted “course of such full time, part time, or temporary employment, or such self employment,” for “course of employment” and inserted “and” at end. Par. (3)(B). Pub. L. 109–59, § 7102(2)(D)(i), as amended by Pub. L. 110–244, § 302(a)(1), substituted “employed on a full time, part time, or temporary basis by a hazmat employer, or self employed,” for “employed by a hazmat employer,” in introductory provisions. Pub. L. 109–59, § 7102(2)(C), as amended by Pub. L. 110–244, § 302(a)(1), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “includes an owner-operator of a motor vehicle transporting hazardous material in commerce; and”. Par. (3)(B)(ii). Pub. L. 109–59, § 7102(2)(D)(ii), as amended by Pub. L. 110–244, § 302(a)(1), added cl. (ii) and struck out former cl. (ii) which read as follows: “manufactures, reconditions, or tests containers, drums, and packagings represented as qualified for use in transporting hazardous material;”. Par. (3)(C). Pub. L. 109–59, § 7102(2)(C), as amended by Pub. L. 110–244, § 302(a)(1), redesignated subpar. (C) as (B). Par. (4). Pub. L. 109–59, § 7102(3), amended par. (4) generally. Prior to amendment, par. (4) consisted of subpars. (A) to (C), which included within definition of “hazmat employer” a person using at least one employee in connection with transporting or containers for transporting hazardous material, an owner-operator of a motor vehicle transporting hazardous material in commerce, and 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 certain described activities. Par. (5). Pub. L. 109–59, § 7102(4), inserted “relating to hazardous material” after “of a condition”. Par. (7). Pub. L. 109–59, § 7102(5), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “ ‘motor carrier’ means a motor carrier, motor private carrier, and freight forwarder as those terms are defined in section 13102 of this title.” Par. (8). Pub. L. 109–59, § 7102(6), substituted “National Response Team” for “national response team” in two places and “National Contingency Plan” for “national contingency plan”. Par. (9)(A). Pub. L. 109–59, § 7102(7), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “includes a government, Indian tribe, or authority of a government or tribe offering hazardous material for transportation in commerce or transporting hazardous material to further a commercial enterprise; but”. Pars. (11) to (14). Pub. L. 109–59, § 7102(8), added par. (11) and redesignated former pars. (11) to (13) as (12) to (14), respectively. 1995—Par. (7). Pub. L. 104–88 substituted “motor carrier, motor private” for “motor common carrier, motor contract carrier, motor private” and “section 13102” for “section 10102”. 1994—Pars. (3)(C)(ii), (4)(A)(iii). Pub. L. 103–311 substituted “packagings” for “packages”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

legal/us/code/title-49/chapter-51/section-5103a.md

@@ -0,0 +1,121 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5103a"
+description: "Limitation on issuance of hazmat licenses"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5103a"
+citation: "49 U.S.C. § 5103a"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5103a"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "bfda3f13041d0c898aced54ce1f9fe95179cb310c22cf0edfbae9ef18560b86e"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "ad26b420aeba84966b8abe8f61567b90fb5ef75aad0bd34e66b16ad70e2d0554"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5103a - Limitation on issuance of hazmat licenses
+
+## Text
+
+(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—
+
+(A) “the Secretary of Homeland Security”; 11 So in original. The quotation marks and semicolon probably should not appear. 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; or
+
+(B) the individual holds a valid transportation security card issued under section 70105 of title 46.
+
+(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 of Transportation for which the Secretary of Transportation 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 under subsection (a)(1)(A) 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 Homeland Security 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 of Homeland Security, at such time and in such manner as the Secretary of Homeland Security may prescribe, the name, address, and such other information as the Secretary of Homeland Security 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 of Homeland Security 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,22 So in original. Comma probably should appear after “applicant”. served on the applicant 2 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 subsection, 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.
+
+(Added Pub. L. 107–56, title X, § 1012(a)(1), Oct. 26, 2001, 115 Stat. 396; amended Pub. L. 109–59, title VII, §§ 7104, 7105, 7126, Aug. 10, 2005, 119 Stat. 1894, 1909; Pub. L. 110–53, title XV, § 1556(a), Aug. 3, 2007, 121 Stat. 475; Pub. L. 110–244, title III, § 302(b), June 6, 2008, 122 Stat. 1618; Pub. L. 115–254, div. K, title I, § 1978, Oct. 5, 2018, 132 Stat. 3618.)
+
+## Notes
+
+Editorial Notes
+
+References in TextWith respect to a “transportation security card issued under section 70105 of title 46”, referred to in subsec. (a)(1)(B), amendments made by Pub. L. 117–263 to section 70105 of Title 46, Shipping, are such that section 70105 now refers to “transportation worker identification credential” rather than “transportation security card”. See section 70105 of Title 46. Section 101(a)(3) of the Immigration and Nationality Act, referred to in subsec. (f), is classified to section 1101(a)(3) of Title 8, Aliens and Nationality. The date of enactment of this subsection, referred to in subsecs. (g) and (h), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
+
+Amendments2018—Subsec. (a)(1). Pub. L. 115–254, § 1978(a), substituted “unless—” for “unless”, “(A) ‘the Secretary of Homeland Security’;” for “the Secretary of Homeland Security”, and “; or” for period at end and added subpar. (B). Subsec. (d)(1). Pub. L. 115–254, § 1978(b), substituted “under subsection (a)(1)(A)” for “described in subsection (a)(1)” in introductory provisions. 2008—Subsec. (g)(1)(B)(ii). Pub. L. 110–244 substituted “subsection” for “Act”. 2007—Subsec. (a)(1). Pub. L. 110–53, § 1556(a)(1), substituted “Secretary of Homeland Security” for “Secretary”. Subsec. (b). Pub. L. 110–53, § 1556(a)(2), substituted “Secretary of Transportation” for “Secretary” in two places. Subsec. (d)(1)(B). Pub. L. 110–53, § 1556(a)(3), substituted “Secretary of Homeland Security” for “Secretary”. Subsec. (e). Pub. L. 110–53, § 1556(a)(4), substituted “Secretary of Homeland Security” for “Secretary” wherever appearing. 2005—Subsec. (a)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”. Pub. L. 109–59, § 7104(c), substituted “subsection (d)(1)(B),” for “subsection (c)(1)(B),”. Subsec. (b). Pub. L. 109–59, § 7104(a), substituted “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” for “with respect to— “(1) any material defined as a hazardous material by the Secretary of Transportation; and “(2) any chemical or biological material or agent determined by the Secretary of Health and Human Services or the Attorney General as being a threat to the national security of the United States”. Subsec. (c). Pub. L. 109–59, § 7104(b)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(1)(B). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”. Subsec. (e). Pub. L. 109–59, § 7126, substituted “submit to the Secretary” for “submit to the Secretary of Transportation” in introductory provisions. Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 109–59, § 7104(b)(1), redesignated subsec. (e) as (f). Subsecs. (g), (h). Pub. L. 109–59, § 7105, added subsecs. (g) and (h).
+
+Statutory Notes and Related Subsidiaries
+
+Authorization of AppropriationsPub. L. 107–56, title X, § 1012(c), Oct. 26, 2001, 115 Stat. 398, provided that: “There is authorized to be appropriated for the Department of Transportation and the Department of Justice such amounts as may be necessary to carry out section 5103a of title 49, United States Code, as added by subsection (a).”

legal/us/code/title-49/chapter-51/section-5104.md

@@ -0,0 +1,59 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5104"
+description: "Representation and tampering"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5104"
+citation: "49 U.S.C. § 5104"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5104"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "6a9f713b9a20e7b78aaa38ac3667527f4ff1599b4f5fff59dc55378ca262fef3"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5104 - Representation and tampering
+
+## Text
+
+(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.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103–311, title I, § 117(b), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 103–429, § 6(4), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109–59, title VII, § 7106, Aug. 10, 2005, 119 Stat. 1897.)
+
+## Notes
+
+Historical and Revision Notes Pub. L. 103–272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5104(a)49 App.:1804(e).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 105(e), (f); added Nov. 16, 1990, Pub. L. 101–615, § 5, 104 Stat. 3252. 5104(b)49 App.:1804(f). In subsection (a)(1), the words “the requirements of” and “applicable” are omitted as surplus. In subsection (b), before clause (1), the word “deface” is omitted as surplus.
+
+Pub. L. 103–429This amends 49:5104(a)(1) to clarify the restatement of 49 App.:1804(e)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 761).
+
+Editorial Notes
+
+Amendments2005—Subsec. (a)(1). Pub. L. 109–59, § 7106(a), substituted “a package, component of a package, or packaging for” for “a container, package, or packaging (or a component of a container, package, or packaging) for” and “the package, component of a package, or packaging meets” for “the container, package, or packaging (or a component of a container, package, or packaging) meets”. Subsec. (b). Pub. L. 109–59, § 7106(b)(1), substituted “No person may” for “A person may not” in introductory provisions. Subsec. (b)(2). Pub. L. 109–59, § 7106(b)(2), inserted “component of a package, or packaging,” after “package,”. 1994—Subsec. (a)(1). Pub. L. 103–429 inserted “applicable” after “each”. Pub. L. 103–311 substituted “, package, or packaging (or a component of a container, package, or packaging)” for “or package” in two places.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

legal/us/code/title-49/chapter-51/section-5105.md

@@ -0,0 +1,51 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5105"
+description: "Transporting certain highly radioactive material"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5105"
+citation: "49 U.S.C. § 5105"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5105"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "cf58c963a1619e1f29103bf41c26bd4011dbe9c01028f066f9e4734946460c4e"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "8325f75c70c4fbc0e16f3268f8bb3076fffcd4c748cd73ae8746412e304460c2"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5105 - Transporting certain highly radioactive material
+
+## Text
+
+(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.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 762; Pub. L. 109–59, title VII, §§ 7107, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5105(a)49 App.:1813(e).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 116(e); added Oct. 24, 1992, Pub. L. 102–508, § 505(2), 106 Stat. 3311.  49 App.:1813 (note).Nov. 16, 1990, Pub. L. 101–615, § 16(e), 104 Stat. 3263. 5105(b)49 App.:1813(a).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 116(a)–(d); added Oct. 30, 1984, Pub. L. 98–559, § 3, 98 Stat. 2907; restated Nov. 16, 1990, Pub. L. 101–615, § 15, 104 Stat. 3261; Oct. 24, 1992, Pub. L. 102–508, § 505(1), 106 Stat. 3311. 5105(c)49 App.:1813(b). 5105(d)49 App.:1813(c). 5105(e)49 App.:1813(d). In subsection (a), section 16(e) of the Hazardous Materials Transportation Uniform Safety Act of 1990 (Public Law 101–615, 104 Stat. 3263) is included to correct a mistake in the source provisions being restated. See section 16(a)(1) of the Act of 1990 (Public Law 101–615, 104 Stat. 3262), stating that the meanings of “high-level radioactive waste” and “spent nuclear fuel” are as defined in 49 App.:1813, as added by section 15 of the Act (104 Stat. 3261). See also Cong. Rec. S16863 (daily ed., Oct. 23, 1990). In subsection (b), the words “Secretary of Energy” are substituted for “Department of Energy” because of 42:7131. In subsection (c), the word “regulations” is substituted for “rule” for consistency in the revised title and with other titles of the United States Code and because “rule” and “regulation” are synonymous. In subsection (d), before clause (1), the words “In combination” are omitted as surplus.
+
+Editorial Notes
+
+Amendments2005—Subsecs. (b), (c). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall” wherever appearing. Subsec. (d). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall” in par. (1) and “Secretary may” for “Secretary of Transportation may” in par. (2). Pub. L. 109–59, § 7107, redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to a study to be conducted not later than Nov. 16, 1991, to decide which factors, if any, shippers and carriers should consider when selecting routes and modes that would enhance overall public safety related to the transportation of high-level radioactive waste and spent nuclear fuel. Subsec. (e). Pub. L. 109–59, § 7107(2), redesignated subsec. (e) as (d).

legal/us/code/title-49/chapter-51/section-5106.md

@@ -0,0 +1,55 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5106"
+description: "Handling criteria"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5106"
+citation: "49 U.S.C. § 5106"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5106"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "827514527e561240bf1b3e7aa6f9c559e365f87a74357e8ff48245f634c8a721"
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+text_hash: "4b8a63dde26fc5f8a1bb0e80f11e4a9099f81b56c4dbd04c1aeb11ef9804f2a6"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5106 - Handling criteria
+
+## Text
+
+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.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 763; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 510649 App.:1805(a).Jan. 3, 1975, Pub. L. 93–633, § 106(a), 88 Stat. 2157. Before clause (1), the text of 49 App.:1805(a) (last sentence) is omitted as being included in “prescribe”. In clause (4), the words “to be used” are omitted as surplus. In clause (6), the word “assurance” is omitted as surplus.
+
+Editorial Notes
+
+Amendments2005—Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.

legal/us/code/title-49/chapter-51/section-5107.md

@@ -0,0 +1,111 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5107"
+description: "Hazmat employee training requirements and grants"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5107"
+citation: "49 U.S.C. § 5107"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5107"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "97b3a4e5a23752516236c3ea58f7f71ebe6325ad31ab927bd0ebacc5aa70300d"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5107 - Hazmat employee training requirements and grants
+
+## Text
+
+(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 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 through a competitive process to a nonprofit 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.
+
+(i) Community Safety Grants.— The Secretary shall establish a competitive program for making grants to nonprofit organizations for—
+
+(1) conducting national outreach and training programs to assist communities in preparing for and responding to accidents and incidents involving the transportation of hazardous materials, including Class 3 flammable liquids by rail; and
+
+(2) training State and local personnel responsible for enforcing the safe transportation of hazardous materials, including Class 3 flammable liquids.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 763; Pub. L. 103–311, title I, §§ 106, 119(c)(1)–(3), Aug. 26, 1994, 108 Stat. 1674, 1680; Pub. L. 109–59, title VII, §§ 7108, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909; Pub. L. 112–141, div. C, title III, § 33016, July 6, 2012, 126 Stat. 841; Pub. L. 114–94, div. A, title VII, § 7301, Dec. 4, 2015, 129 Stat. 1594.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5107(a)49 App.:1805(b)(1), (2), (5) (1st sentence).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 106(b); added Nov. 16, 1990, Pub. L. 101–615, § 7(3), 104 Stat. 3253. 5107(b)49 App.:1805(b)(4), (5) (last sentence). 5107(c)49 App.:1805(b)(6). 5107(d)49 App.:1805(b)(3) (1st sentence). 5107(e)49 App.:1816(a)–(c).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 118(a)–(c); added Nov. 16, 1990, Pub. L. 101–615, § 18, 104 Stat. 3269. 5107(f)(1)49 App.:1805(b)(7). 5107(f)(2)49 App.:1805(b)(3) (last sentence). In subsections (a)(1) and (b), before clause (1), the words “in order to comply with requirements established by such regulations” are omitted as surplus. In subsection (a), before clause (1), the words “Within 18 months after November 16, 1990” are omitted as obsolete. In clause (1), the words “as provided by subsection (b) of this section” are added for clarity. In subsection (b), before clause (1), the words “in accordance with the requirements established by such regulations” are omitted as surplus. In subsection (c), before clause (1), the words “in accordance with the requirements established under this subsection” and “appropriate” before “documentation” are omitted as surplus. In subsection (d), before clause (1), the words “take such actions as may be necessary to” are omitted as surplus. In clauses (1) and (2), the words “(and amendments thereto)” are omitted as surplus. In clause (1), the words “Secretary of Labor” are substituted for “Occupational Safety and Health Administration of the Department of Labor” because of 29:551. In subsection (e), the words “and education” are omitted as being included in “training”. Before clause (1), the words “regarding the safe loading, unloading, handling, storage, and transportation of hazardous materials and emergency preparedness for responding to accidents or incidents involving the transportation of hazardous materials in order to meet the requirements issued under section 1816(b) of this title may be made under this section” are omitted as surplus. In subsection (f)(1), the words “(relating to coordination of Federal information policy)” are omitted as surplus.
+
+Editorial Notes
+
+Amendments2015—Subsec. (i). Pub. L. 114–94 added subsec. (i). 2012—Subsec. (e)(2). Pub. L. 112–141 inserted “through a competitive process” after “shall be made” and struck out “hazmat employee” after “nonprofit” in introductory provisions. 2005—Subsecs. (a) to (d). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions of subsecs. (a) to (c) and “Secretary shall” for “Secretary of Transportation shall” in introductory provisions of subsec. (d). Subsec. (e). Pub. L. 109–59, § 7108(1), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section. A grant under this subsection shall be made to a nonprofit hazmat employee organization that demonstrates— “(1) expertise in conducting a training program for hazmat employees; and “(2) the ability to reach and involve in a training program a target population of hazmat employees.” Subsec. (f). Pub. L. 109–59, § 7108(3), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 109–59, § 7108(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (g)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”. Subsec. (g)(2). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”. Pub. L. 109–59, § 7108(4), substituted “section 5106” for “sections 5106, 5108(a)–(g)(1) and (h), and 5109 of this title”. Subsec. (h). Pub. L. 109–59, § 7108(2), redesignated subsec. (g) as (h). 1994—Subsec. (d). Pub. L. 103–311, § 106, in introductory provisions inserted “or duplicate” after “conflict with” and in par. (1) substituted “hazard communication, and hazardous waste operations, and” for “hazardous waste operations and”. Subsec. (e). Pub. L. 103–311, § 119(c)(1), (2), in first sentence substituted “The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section.” for “In consultation with the Secretaries of Transportation and Labor and the Administrator, the Director of the National Institute of Environmental Health Sciences may make grants to train hazmat employees under this section.” and in second sentence inserted “hazmat employee” after “nonprofit”. Subsec. (g). Pub. L. 103–311, § 119(c)(3), added subsec. (g).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

legal/us/code/title-49/chapter-51/section-5108.md

@@ -0,0 +1,125 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5108"
+description: "Registration"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5108"
+citation: "49 U.S.C. § 5108"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5108"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "d211997fc479b9a021232118f3bd179bdbc756323193b3ed21bc3fd0777b447f"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "4a7d4531235938c6f5ac7378c0ec94ca1f009a27404a52008049ac124d828234"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5108 - Registration
+
+## Text
+
+(a) Persons Required to File.— (1) A person shall file a registration statement with the Secretary under this subsection if the person is transporting or causing to be transported in commerce any of the following:
+
+(A) a highway-route-controlled quantity of radioactive material.
+
+(B) more than 25 kilograms of a Division 1.1, 1.2, or 1.3 explosive material in a motor vehicle, rail car, or transport container.
+
+(C) more than one liter in each package of a hazardous material the Secretary designates as extremely toxic by inhalation.
+
+(D) hazardous material in a bulk packaging, container, or tank, as defined by the Secretary, if the bulk packaging, container, or tank has a capacity of at least 3,500 gallons or more than 468 cubic feet.
+
+(E) a shipment of at least 5,000 pounds (except in a bulk packaging) of a class of hazardous material for which placarding of a vehicle, rail car, or freight container is required under regulations prescribed under this chapter.
+
+(2) The Secretary may require any of the following persons to file a registration statement with the Secretary under this subsection:
+
+(A) a person transporting or causing to be transported hazardous material in commerce and not required to file a registration statement under paragraph (1) of this subsection.
+
+(B) a person designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
+
+(3) A person required to file a registration statement under this subsection may transport or cause to be transported, or design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or container for use in transporting, hazardous material, only if the person has a statement on file as required by this subsection.
+
+(4) The Secretary may waive the filing of a registration statement, or the payment of a fee, required under this subsection, or both, for any person not domiciled in the United States who solely offers hazardous materials for transportation to the United States from a place outside the United States if the country of which such person is a domiciliary does not require persons domiciled in the United States who solely offer hazardous materials for transportation to the foreign country from places in the United States to file registration statements, or to pay fees, for making such an offer.
+
+(b) Form, Contents, and Limitation on Filings.— (1) A registration statement under subsection (a) of this section shall be in the form and contain information the Secretary requires by regulation. The Secretary may use existing forms of the Department of Transportation and the Environmental Protection Agency to carry out this subsection. The statement shall include—
+
+(A) the name and principal place of business of the registrant;
+
+(B) a description of each activity the registrant carries out for which filing a statement under subsection (a) of this section is required; and
+
+(C) each State in which the person carries out any of the activities.
+
+(2) A person carrying out more than one activity, or an activity at more than one location, for which filing is required only has to file one registration statement to comply with subsection (a) of this section.
+
+(c) Filing.— Each person required to file a registration statement under subsection (a) shall file the statement in accordance with regulations prescribed by the Secretary.
+
+(d) Simplifying the Registration Process.— The Secretary may take necessary action to simplify the registration process under subsections (a)–(c) of this section and to minimize the number of applications, documents, and other information a person is required to file under this chapter and other laws of the United States.
+
+(e) Cooperation With Administrator.— The Administrator of the Environmental Protection Agency shall assist the Secretary in carrying out subsections (a)–(g)(1) and (h) of this section by providing the Secretary with information the Secretary requests to carry out the objectives of subsections (a)–(g)(1) and (h).
+
+(f) Availability of Statements.— The Secretary shall make a registration statement filed under subsection (a) of this section available for inspection by any person for a fee the Secretary establishes. However, this subsection does not require the release of information described in section 552(b) of title 5 or otherwise protected by law from disclosure to the public.
+
+(g) Fees.— (1) The Secretary shall establish, impose, and collect from a person required to file a registration statement under subsection (a) of this section a fee necessary to pay for the costs of the Secretary in processing the statement.
+
+(2) (A) In addition to a fee established under paragraph (1) of this subsection, the Secretary shall establish and impose by regulation and collect an annual fee. Subject to subparagraph (B) of this paragraph, the fee shall be at least $250 but not more than $3,000 from each person required to file a registration statement under this section. The Secretary shall determine the amount of the fee under this paragraph on at least one of the following:
+
+(i) gross revenue from transporting hazardous material.
+
+(ii) the type of hazardous material transported or caused to be transported.
+
+(iii) the amount of hazardous material transported or caused to be transported.
+
+(iv) the number of shipments of hazardous material.
+
+(v) the number of activities that the person carries out for which filing a registration statement is required under this section.
+
+(vi) the threat to property, individuals, and the environment from an accident or incident involving the hazardous material transported or caused to be transported.
+
+(vii) the percentage of gross revenue derived from transporting hazardous material.
+
+(viii) the amount to be made available to carry out sections 5108(g)(2), 5115, and 5116 of this title.
+
+(ix) other factors the Secretary considers appropriate.
+
+(B) The Secretary shall adjust the amount being collected under this paragraph to reflect any unexpended balance in the account established under section 5116(h) of this title. However, the Secretary is not required to refund any fee collected under this paragraph.
+
+(C) The Secretary shall transfer to the Secretary of the Treasury amounts the Secretary of Transportation collects under this paragraph for deposit in the Hazardous Materials Emergency Preparedness Fund established under section 5116(h) of this title.
+
+(3) Fees on exempt persons.— Notwithstanding subsection (a)(4), the Secretary shall impose and collect a fee of $25 from a person who is required to register under this section but who is otherwise exempted by the Secretary from paying any fee under this section. The fee shall be used to pay the costs incurred by the Secretary in processing registration statements filed by such persons.
+
+(h) Maintaining Proof of Filing and Payment of Fees.— The Secretary may prescribe regulations requiring a person required to file a registration statement under subsection (a) of this section to maintain proof of the filing and payment of fees imposed under subsection (g) of this section.
+
+(i) Relationship to Other Laws.— (1) Chapter 35 of title 44 does not apply to an activity of the Secretary under subsections (a)–(g)(1) and (h) of this section.
+
+(2) (A) This section does not apply to an employee of a hazmat employer.
+
+(B) Subsections (a)–(h) of this section do not apply to a department, agency, or instrumentality of the United States Government, an authority of a State or political subdivision of a State, an Indian tribe, or an employee of a department, agency, instrumentality, or authority carrying out official duties.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 765; Pub. L. 103–311, title I, §§ 104, 117(a)(3), 119(d)(1), Aug. 26, 1994, 108 Stat. 1673, 1678, 1680; Pub. L. 105–102, § 2(3), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–225, § 7(b)(1), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 109–59, title VII, §§ 7109(a)–(c), (e), (f), 7114(d)(3), 7126, Aug. 10, 2005, 119 Stat. 1897, 1898, 1900, 1909; Pub. L. 114–94, div. A, title VII, § 7203(b)(1), Dec. 4, 2015, 129 Stat. 1591.)
+
+## Notes
+
+Historical and Revision Notes Pub. L. 103–272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5108(a)(1)49 App.:1805(c)(1).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 106(c); added Nov. 16, 1990, Pub. L. 101–615, § 8(a), 104 Stat. 3255; Oct. 24, 1992, Pub. L. 102–508, § 503(a)(1)–(3), (b), 106 Stat. 3311. 5108(a)(2)49 App.:1805(c)(3). 5108(a)(3)49 App.:1805(c)(4). 5108(b)49 App.:1805(c)(7), (8). 5108(c)49 App.:1805(c)(5), (6). 5108(d)49 App.:1805(c)(9). 5108(e)49 App.:1805(c)(2). 5108(f)49 App.:1805(c)(10). 5108(g)(1)49 App.:1805(c)(11). 5108(g)(2)49 App.:1815(h) (1)–(5).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117A(h)(1)– (5); added Nov. 16, 1990, Pub. L. 101–615, § 17, 104 Stat. 3267. 5108(h)49 App.:1805(c)(12). 5108(i)49 App.:1805(c) (13)–(15). In subsection (b)(1), before clause (A), the words “at a minimum” are omitted as surplus. In subsection (d), the words “streamline and”, “with respect to a person who is required to file a registration statement under this subsection”, and “with the Department of Transportation” are omitted as surplus. In subsection (g), the word “impose” is substituted for “assess” for consistency in the revised title and with other titles of the United States Code. In subsection (g)(2)(A), before clause (i), the words “Not later than September 30, 1992” are omitted as obsolete. In clause (viii), the words “of funds” are omitted as surplus. In subsection (g)(2)(B), the words “of fees” and “from persons” are omitted as surplus. In subsection (i)(1), the words “(relating to coordination of Federal information policy)” are omitted as surplus. In subsection (i)(2)(A), the words “Notwithstanding any other provisions of this subsection” are omitted as surplus.
+
+Pub. L. 105–102This amends 49:5108(f) to correct an erroneous cross-reference.
+
+Editorial Notes
+
+Amendments2015—Subsec. (g)(2)(B), (C). Pub. L. 114–94 substituted “5116(h)” for “5116(i)”. 2005—Subsec. (a)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions. Subsec. (a)(1)(B). Pub. L. 109–59, § 7109(a)(1), substituted “Division 1.1, 1.2, or 1.3 explosive material” for “class A or B explosive”. Subsec. (a)(2). Pub. L. 109–59, § 7126, substituted “Secretary may” for “Secretary of Transportation may” in introductory provisions. Subsec. (a)(2)(B). Pub. L. 109–59, § 7109(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a person manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a package or container the person represents, marks, certifies, or sells for use in transporting in commerce hazardous material the Secretary designates.” Subsec. (a)(3). Pub. L. 109–59, § 7109(a)(3), substituted “design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or” for “manufacture, fabricate, mark, maintain, recondition, repair, or test a package or”. Subsec. (b)(1). Pub. L. 109–59, § 7126, substituted “Secretary requires” for “Secretary of Transportation requires” in introductory provisions. Subsec. (b)(1)(C). Pub. L. 109–59, § 7109(b), substituted “any of the activities” for “the activity”. Subsec. (c). Pub. L. 109–59, § 7109(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “(1) Each person required to file a registration statement under subsection (a) of this section must file the first statement not later than March 31, 1992. The Secretary of Transportation may extend that date to September 30, 1992, for activities referred to in subsection (a)(1) of this section. A person shall renew the statement periodically consistent with regulations the Secretary prescribes, but not more than once each year and not less than once every 5 years. “(2) The Secretary of Transportation shall decide by regulation when and under what circumstances a registration statement must be amended and the procedures to follow in amending the statement.” Subsecs. (d) to (f). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in subsec. (d), “Secretary in carrying” for “Secretary of Transportation in carrying” in subsec. (e), and “Secretary shall” for “Secretary of Transportation shall” in subsec. (f). Subsec. (g)(1). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall”. Pub. L. 109–59, § 7109(f)(1), substituted “shall” for “may”. Subsec. (g)(2)(A). Pub. L. 109–59, § 7126, substituted “Secretary shall establish” for “Secretary of Transportation shall establish” in introductory provisions. Pub. L. 109–59, § 7109(f)(2), substituted “$3,000” for “$5,000” in introductory provisions. Subsec. (g)(2)(B). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall”. Subsec. (g)(2)(C). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall”. Pub. L. 109–59, § 7114(d)(3), substituted “the Hazardous Materials Emergency Preparedness Fund established” for “the account the Secretary of the Treasury establishes”. Subsec. (g)(3). Pub. L. 109–59, § 7109(f)(3), added par. (3). Subsec. (h). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”. Subsec. (i)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”. Subsec. (i)(2)(B). Pub. L. 109–59, § 7109(e), inserted “an Indian tribe,” after “subdivision of a State,”. 1998—Subsec. (f). Pub. L. 105–225 substituted “section 552(b)” for “section 552(f)”. 1997—Subsec. (f). Pub. L. 105–102 which directed substitution of “section 552(b)” for “section 522(f)” could not be executed because “section 522(f)” did not appear. 1994—Subsec. (a)(1)(D). Pub. L. 103–311, § 117(a)(3), substituted “a bulk packaging” for “a bulk package” and “the bulk packaging” for “the package”. Subsec. (a)(4). Pub. L. 103–311, § 104, added par. (4). Subsec. (g)(2)(A)(viii). Pub. L. 103–311, § 119(d)(1), struck out “5107(e),” before “5108(g)(2)”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+RegistrationPub. L. 109–59, title VII, § 7109(d), Aug. 10, 2005, 119 Stat. 1898, provided that: “As soon as practicable, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall transmit to the Federal Motor Carrier Safety Administration hazardous material registrant information obtained before, on, or after the date of enactment of this Act [Aug. 10, 2005] under section 5108 of title 49, United States Code, together with any Department of Transportation identification number for each registrant.”

legal/us/code/title-49/chapter-51/section-5109.md

@@ -0,0 +1,91 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5109"
+description: "Motor carrier safety permits"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5109"
+citation: "49 U.S.C. § 5109"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5109"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "cf24874d13c48039555b9280900b7ef6533fb0f74cf9cc41ce27916887ec2837"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "4b69a4fd3d5a4a0c8b081246cc7ff51362d2ac20bc50e206323b494771d044a7"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5109 - Motor carrier safety permits
+
+## Text
+
+(a) Requirement.— A motor carrier may transport or cause to be transported by motor vehicle in commerce hazardous material only if the carrier holds a safety permit the Secretary issues under this section authorizing the transportation and keeps a copy of the permit, or other proof of its existence, in the vehicle. The Secretary shall issue a permit if the Secretary finds the carrier is fit, willing, and able—
+
+(1) to provide the transportation to be authorized by the permit;
+
+(2) to comply with this chapter and regulations the Secretary prescribes to carry out this chapter; and
+
+(3) to comply with applicable United States motor carrier safety laws and regulations and applicable minimum financial responsibility laws and regulations.
+
+(b) Applicable Transportation.— The Secretary shall prescribe by regulation the hazardous material and amounts of hazardous material to which this section applies. However, this section shall apply at least to transportation by a motor carrier, in amounts the Secretary establishes, of—
+
+(1) a class A or B explosive;
+
+(2) liquefied natural gas;
+
+(3) hazardous material the Secretary designates as extremely toxic by inhalation; and
+
+(4) a highway-route-controlled quantity of radioactive material, as defined by the Secretary.
+
+(c) Applications.— A motor carrier shall file an application with the Secretary for a safety permit to provide transportation under this section. The Secretary may approve any part of the application or deny the application. The application shall be under oath and contain information the Secretary requires by regulation.
+
+(d) Amendments, Suspensions, and Revocations.— (1) After notice and an opportunity for a hearing, the Secretary may amend, suspend, or revoke a safety permit, as provided by procedures prescribed under subsection (e) of this section, when the Secretary decides the motor carrier is not complying with a requirement of this chapter, a regulation prescribed under this chapter, or an applicable United States motor carrier safety law or regulation or minimum financial responsibility law or regulation.
+
+(2) If the Secretary decides an imminent hazard exists, the Secretary may amend, suspend, or revoke a permit before scheduling a hearing.
+
+(e) Procedures.— The Secretary shall prescribe by regulation—
+
+(1) application procedures, including form, content, and fees necessary to recover the complete cost of carrying out this section;
+
+(2) standards for deciding the duration, terms, and limitations of a safety permit;
+
+(3) procedures to amend, suspend, or revoke a permit; and
+
+(4) other procedures the Secretary considers appropriate to carry out this section.
+
+(f) Shipper Responsibility.— A person offering hazardous material for motor vehicle transportation in commerce may offer the material to a motor carrier only if the carrier has a safety permit issued under this section authorizing the transportation.
+
+(g) Conditions.— A motor carrier may provide transportation under a safety permit issued under this section only if the carrier complies with conditions the Secretary finds are required to protect public safety.
+
+(h) Limitation on Denial.— The Secretary may not deny a non-temporary permit held by a motor carrier pursuant to this section based on a comprehensive review of that carrier triggered by safety management system scores or out-of-service disqualification standards, unless—
+
+(1) the carrier has the opportunity, prior to the denial of such permit, to submit a written description of corrective actions taken and other documentation the carrier wishes the Secretary to consider, including a corrective action plan; and
+
+(2) the Secretary determines the actions or plan is insufficient to address the safety concerns identified during the course of the comprehensive review.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 767; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909; Pub. L. 114–94, div. A, title VII, § 7202, Dec. 4, 2015, 129 Stat. 1589.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5109(a)49 App.:1805(d)(1), (2).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 106(d); added Nov. 16, 1990, Pub. L. 101–615, § 8(a), 104 Stat. 3257; Oct. 24, 1992, Pub. L. 102–508, § 503(a)(4), (5), (b), 106 Stat. 3311. 5109(b)49 App.:1805(d)(5). 5109(c)49 App.:1805(d)(7). 5109(d)49 App.:1805(d)(4). 5109(e)49 App.:1805(d)(6). 5109(f)49 App.:1805(d)(3). 5109(g)49 App.:1805(d)(8). 5109(h)49 App.:1805 (note).Nov. 16, 1990, Pub. L. 101–615, § 8(b), 104 Stat. 3258. In subsection (a), before clause (1), the words “Except as provided in this subsection” and “used to provide such transportation” are omitted as surplus. In subsection (b), before clause (1), the word “all” is omitted as surplus. In subsection (e)(2), the word “conditions” is omitted as being included in “terms”. In subsection (h), the text of section 8(b) (words before semicolon of the Hazardous Materials Transportation Uniform Safety Act of 1990 (Public Law 101–615, 104 Stat. 3258) is omitted as obsolete.
+
+Editorial Notes
+
+Amendments2015—Subsec. (h). Pub. L. 114–94 amended subsec. (h) generally. Prior to amendment, text read as follows: “The Secretary shall prescribe regulations necessary to carry out this section not later than November 16, 1991.” 2005—Subsec. (a). Pub. L. 109–59 substituted “Secretary issues” for “Secretary of Transportation issues” in introductory provisions.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+Motor Carrier Safety PermitsPub. L. 112–141, div. C, title III, § 33014, July 6, 2012, 126 Stat. 840, provided that: “(a) Review.—Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall conduct a study of, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on, the implementation of the hazardous material safety permit program under section 5109 of title 49, United States Code. In conducting the study, the Secretary shall review, at a minimum—“(1) the list of hazardous materials requiring a safety permit; “(2) the number of permits that have been issued, denied, revoked, or suspended since inception of the program and the number of commercial motor carriers that have never had a permit denied, revoked, or suspended since inception of the program; “(3) the reasons for such denials, revocations, or suspensions; “(4) the criteria used by the Federal Motor Carrier Safety Administration to determine whether a hazardous material safety permit issued by a State is equivalent to the Federal permit; and “(5) actions the Secretary could implement to improve the program, including whether to provide opportunities for an additional level of fitness review prior to the denial, revocation, or suspension of a safety permit. “(b) Actions Taken.—Not later than 2 years after the date of enactment of this Act, based on the study conducted under subsection (a), the Secretary shall either institute a rulemaking to make any necessary improvements to the hazardous materials safety permit program under section 5109 of title 49, United States Code or publish in the Federal Register the Secretary’s justification for why a rulemaking is not necessary.”

legal/us/code/title-49/chapter-51/section-5111.md

@@ -0,0 +1,33 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5111"
+description: "Repealed. Pub. L. 109–59, title VII, § 7111, Aug. 10, 2005, 119 Stat. 1899]"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5111"
+citation: "49 U.S.C. § 5111"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5111"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "48d4dae70f417afae38e8df8e60b0c6f4172c0618a03958097fd35bb4f9c6380"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "2bd42dfcc29eb3d8917e04532f2d4a1b619cd5f2fa56562b5fa028c0c5f02576"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5111 - Repealed. Pub. L. 109–59, title VII, § 7111, Aug. 10, 2005, 119 Stat. 1899]
+
+## Notes
+
+Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 769, related to use of rail tank cars built before Jan. 1, 1971, to transport hazardous material in commerce.

legal/us/code/title-49/chapter-51/section-5112.md

@@ -0,0 +1,143 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5112"
+description: "Highway routing of hazardous material"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5112"
+citation: "49 U.S.C. § 5112"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5112"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "dc2a9973d0eced5dcf8fdca465321023315455d92e276fcf128ffaaea727b9af"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "9cccc448ad0e7bfcd14e12f1dd658e805185ddcecdb30e090462c4fa8ea4ef0d"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5112 - Highway routing of hazardous material
+
+## Text
+
+(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—
+
+(A) any use of a vehicle under this paragraph to transport any hazardous material in commerce; and
+
+(B) any motor vehicle used to transport hazardous material in commerce.
+
+(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;
+
+(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—
+
+(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;
+
+(iii) the types and amounts of hazardous material;
+
+(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;
+
+(ix) alternative routes;
+
+(x) the effects on commerce;
+
+(xi) delays in transportation; and
+
+(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)—
+
+(i) the name of the State agency responsible for hazardous material highway route designations; and
+
+(ii) a list of the State’s currently effective hazardous material highway route designations.
+
+(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.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (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.
+
+Editorial Notes
+
+Amendments2012—Subsec. (c). Pub. L. 112–141 designated existing provisions as par. (1), inserted heading, and added par. (2). 2005—Subsec. (a)(1). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. 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 PrisonsPub. 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.

legal/us/code/title-49/chapter-51/section-5113.md

@@ -0,0 +1,43 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5113"
+description: "Unsatisfactory safety rating"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5113"
+citation: "49 U.S.C. § 5113"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5113"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "f1d4180779257a9a75752b837243b3ba6c8666fd95daf47f63155c9ad67260ff"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "352b04d227dba947c7dffb7eda7e19aefbca5aed17df531ae5d1b8a6cbd3bf7f"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5113 - Unsatisfactory safety rating
+
+## Text
+
+A violation of section 31144(c)(3) shall be considered a violation of this chapter, and shall be subject to the penalties in sections 5123 and 5124.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 771; Pub. L. 105–178, title IV, § 4009(b), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title VII, § 7112(a), Aug. 10, 2005, 119 Stat. 1899.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5113(a)49 App.:1814(a).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117; added Nov. 3, 1990, Pub. L. 101–500, § 15(b)(1), 104 Stat. 1218. 5113(b)49 App.:1814(b). 5113(c)49 App.:1814(c). 5113(d)49 App.:2501 (note).Nov. 3, 1990, Pub. L. 101–500, § 15(b)(2), 104 Stat. 1219. In subsections (a) and (c), the words “individuals” is substituted for “passengers, including the driver” for clarity and consistency. In subsection (a), before clause (1), the words “Effective January 1, 1991” are omitted as obsolete. The words “to take such action as may be necessary ” are omitted as surplus. In subsection (b), the words “from the Secretary” and “conditions and other” are omitted as surplus. In subsection (d), the words “Not later than 1 year after the date of enactment of this Act” are omitted as obsolete.
+
+Editorial Notes
+
+Amendments2005—Pub. L. 109–59 amended text generally. Prior to amendment, text read as follows: “See section 31144.” 1998—Pub. L. 105–178 substituted “See section 31144.” for subsecs. (a) to (d) which related to unsatisfactory safety ratings.

legal/us/code/title-49/chapter-51/section-5114.md

@@ -0,0 +1,47 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5114"
+description: "Air transportation of ionizing radiation material"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5114"
+citation: "49 U.S.C. § 5114"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5114"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "268868e4218d7fcbfbdb492a4bb11ca601c44bf8a7b66da8af7c3d7b0b434ef1"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5114 - Air transportation of ionizing radiation material
+
+## Text
+
+(a) Transporting in Air Commerce.— Material that emits ionizing radiation spontaneously may be transported on a passenger-carrying aircraft in air commerce (as defined in section 40102(a) of this title) only if the material is intended for a use in, or incident to, research or medical diagnosis or treatment and does not present an unreasonable hazard to health and safety when being prepared for, and during, transportation.
+
+(b) Procedures.— The Secretary shall prescribe procedures for monitoring and enforcing regulations prescribed under this section.
+
+(c) Nonapplication.— This section does not apply to material the Secretary decides does not pose a significant hazard to health or safety when transported because of its low order of radioactivity.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5114(a)49 App.:1807(a) (1st, 2d sentences), (b) (1st sentence).Jan. 3, 1975, Pub. L. 93–633, § 108, 88 Stat. 2159; Nov. 16, 1990, Pub. L. 101–615, § 10, 104 Stat. 3259. 5114(b)49 App.:1807(a) (last sentence). 5114(c)49 App.:1807(b) (last sentence). In subsection (a), the text of 49 App.:1807(a) (1st sentence) is omitted as executed. The words “or combination of materials” are omitted as surplus. In subsection (b), the words “further” and “effective” are omitted as surplus.
+
+Editorial Notes
+
+Amendments2005—Subsec. (b). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation”.

legal/us/code/title-49/chapter-51/section-5115.md

@@ -0,0 +1,81 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5115"
+description: "Training curriculum for the public sector"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5115"
+citation: "49 U.S.C. § 5115"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5115"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "3c46f83fb98d1090653c3ceb3adff10bad20be4765bdd900bd3193adc1e03ef6"
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+text_hash: "1b8e358649120b7cdd23b3b1e5fd945ced6c60a8f7d8c07437d6c8e044e8a3bc"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5115 - Training curriculum for the public sector
+
+## Text
+
+(a) In General.— In coordination with the Administrator of the Federal Emergency Management Agency, the Chairman of the Nuclear Regulatory Commission, the Administrator of the Environmental Protection Agency, the Secretaries of Labor, Energy, and Health and Human Services, and the Director of the National Institute of Environmental Health Sciences, and using existing coordinating mechanisms of the National Response Team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee, the Secretary of Transportation shall maintain, and update periodically, a current curriculum of courses, including online curriculum as appropriate, necessary to train public sector emergency response and preparedness teams in matters relating to the transportation of hazardous material. Only in developing the curriculum, the Secretary of Transportation shall consult with regional response teams 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), representatives of commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001), persons (including governmental entities) that provide training for responding to accidents and incidents involving the transportation of hazardous material, and representatives of persons that respond to those accidents and incidents.
+
+(b) Requirements.— The curriculum maintained and updated under subsection (a) of this section—
+
+(1) shall include—
+
+(A) a recommended course of study to train public sector employees to respond to an accident or incident involving the transportation of hazardous material and to plan for those responses;
+
+(B) recommended courses and minimum number of hours of instruction necessary for public sector employees to be able to respond safely and efficiently to an accident or incident involving the transportation of hazardous material and to plan those responses; and
+
+(C) appropriate emergency response training and planning programs for public sector employees developed with Federal financial assistance, including programs developed with grants made under section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9660a); and
+
+(2) may include recommendations on material appropriate for use in a recommended course described in clause (1)(B) of this subsection.
+
+(c) Training on Complying With Legal Requirements.— A recommended course described in subsection (b)(1)(B) of this section shall provide the training necessary for public sector employees to comply with—
+
+(1) regulations related to hazardous waste operations and emergency response contained in part 1910 of title 29, Code of Federal Regulations, prescribed by the Secretary of Labor;
+
+(2) regulations related to worker protection standards for hazardous waste operations contained in part 311 of title 40, Code of Federal Regulations, prescribed by the Administrator; and
+
+(3) standards related to emergency response training prescribed by the National Fire Protection Association and such other voluntary consensus standard-setting organizations as the Secretary of Transportation determines appropriate.
+
+(d) Distribution and Publication.— With the National Response Team—
+
+(1) the Secretary shall distribute the curriculum and any updates to the curriculum to the regional response teams and all committees and commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001); and
+
+(2) the Secretary may publish and distribute a list of programs and courses maintained and updated under this section and of any programs utilizing such courses.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772; Pub. L. 103–429, § 6(5), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109–59, title VII, §§ 7113, 7126, Aug. 10, 2005, 119 Stat. 1899, 1909; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 112–141, div. C, title III, § 33004(a), July 6, 2012, 126 Stat. 832; Pub. L. 114–94, div. A, title VI, § 6013, Dec. 4, 2015, 129 Stat. 1570.)
+
+## Notes
+
+Historical and Revision Notes Pub. L. 103–272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5115(a)49 App.:1815(g)(1), (5).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117A (g)(1)–(6), (8); added Nov. 16, 1990, Pub. L. 101–615, § 17, 104 Stat. 3265, 3267. 5115(b)49 App.:1815(g)(2), (3). 5115(c)49 App.:1815(g)(4). 5115(d)(1)49 App.:1815(g)(6). 5115(d)(2)49 App.:1815(g)(8). In subsection (c)(3), the words “including standards 471 and 472” are omitted as surplus. In subsection (d)(1), the word “updates” is substituted for “amendments” for clarity.
+
+Pub. L. 103–429This amends 49:5115(b)(1)(C) to make a cross-reference more precise.
+
+Editorial Notes
+
+Amendments2015—Subsec. (a). Pub. L. 114–94 inserted “, including online curriculum as appropriate,” after “a current curriculum of courses”. 2012—Subsecs. (b)(1)(B), (2), (c). Pub. L. 112–141 struck out “basic” after “recommended”. 2005—Subsec. (a). Pub. L. 109–59, § 7113(a), inserted heading and first sentence and struck out former heading and first sentence. Text read as follows: “Not later than November 16, 1992, in coordination with the Director of the Federal Emergency Management Agency, Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency, Secretaries of Labor, Energy, and Health and Human Services, and Director of the National Institute of Environmental Health Sciences, and using the existing coordinating mechanisms of the national response team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee, the Secretary of Transportation shall develop and update periodically a curriculum consisting of a list of courses necessary to train public sector emergency response and preparedness teams.” Subsec. (b). Pub. L. 109–59, § 7113(b)(1), substituted “maintained and updated” for “developed” in introductory provisions. Subsec. (b)(1)(C). Pub. L. 109–59, § 7113(b)(2), substituted “with Federal financial assistance, including programs” for “under other United States Government grant programs, including those”. Subsec. (c)(3). Pub. L. 109–59, § 7113(c), inserted “and such other voluntary consensus standard-setting organizations as the Secretary of Transportation determines appropriate” before period at end. Subsec. (d). Pub. L. 109–59, § 7113(d)(1), substituted “National Response Team” for “national response team” in introductory provisions. Subsec. (d)(1). Pub. L. 109–59, § 7113(d)(2), substituted “Secretary” for “Director of the Federal Emergency Management Agency”. Subsec. (d)(2). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”. Pub. L. 109–59, § 7113(d)(3), inserted “and distribute” after “publish” and substituted “list of programs and courses maintained and updated under this section and of any programs utilizing such courses” for “list of programs that uses a course developed under this section for training public sector employees to respond to an accident or incident involving the transportation of hazardous material”. 1994—Subsec. (b)(1)(C). Pub. L. 103–429 substituted “126(g)” for “126”.
+
+Statutory Notes and Related Subsidiaries
+
+Change of Name “Administrator of the Federal Emergency Management Agency” substituted for “Director of the Federal Emergency Management Agency” in subsec. (a) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
+
+Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

legal/us/code/title-49/chapter-51/section-5117.md

@@ -0,0 +1,99 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5117"
+description: "Special permits and exclusions"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5117"
+citation: "49 U.S.C. § 5117"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5117"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "b950c34ee5eb58fa83442d32459e7de51cdd7aa22eb283f897148d500fd40358"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "31666b23205ae4fa8d0bfbcb87b7a92566e8482a456a6fbb79de6d7f9cbd36bc"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5117 - Special permits and exclusions
+
+## Text
+
+(a) Authority To Issue Special Permits.— (1) As provided under procedures prescribed by regulation, the Secretary may issue, modify, or terminate a special permit authorizing a variance from this chapter or a regulation prescribed under section 5103(b), 5104, 5110, or 5112 of this title to a person performing a function regulated by the Secretary under section 5103(b)(1) in a way that achieves a safety level—
+
+(A) at least equal to the safety level required under this chapter; or
+
+(B) consistent with the public interest and this chapter, if a required safety level does not exist.
+
+(2) A special permit issued under this section shall be effective for an initial period of not more than 2 years and may be renewed by the Secretary upon application for successive periods of not more than 4 years each or, in the case of a special permit relating to section 5112, for an additional period of not more than 2 years.
+
+(b) Applications.— When applying for a special permit or renewal of a special permit under this section, the person must provide a safety analysis prescribed by the Secretary that justifies the special permit. The Secretary shall publish in the Federal Register notice that an application for a new special permit or a modification to an existing special permit has been filed and shall give the public an opportunity to inspect the safety analysis and comment on the application. The Secretary shall make available to the public on the Department of Transportation’s Internet Web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public an opportunity to inspect the safety analysis and comment on the application for a period of not more than 15 days. This subsection does not require the release of information protected by law from public disclosure.
+
+(c) Applications To Be Dealt With Promptly.— The Secretary shall issue or renew a special permit or approval for which an application was filed or deny such issuance or renewal within 120 days after the first day of the month following the date of the filing of such application, or the Secretary shall make available to the public a statement of the reason why the Secretary’s decision on a special permit or approval is delayed, along with an estimate of the additional time necessary before the decision is made.
+
+(d) Exclusions.— (1) The Secretary shall exclude, in any part, from this chapter and regulations prescribed under this chapter—
+
+(A) a public vessel (as defined in section 2101 of title 46);
+
+(B) a vessel exempted under section 3702 of title 46 from chapter 37 of title 46; and
+
+(C) a vessel to the extent it is regulated under the Ports and Waterways Safety Act of 1972 11 See References in Text note below. (33 U.S.C. 1221 et seq.).
+
+(2) This chapter and regulations prescribed under this chapter do not prohibit—
+
+(A) or regulate transportation of a firearm (as defined in section 232 of title 18), or ammunition for a firearm, by an individual for personal use; or
+
+(B) transportation of a firearm or ammunition in commerce.
+
+(e) Limitation on Authority.— Unless the Secretary decides that an emergency exists, a special permit or renewal granted under this section is the only way a person subject to this chapter may be granted a variance from this chapter.
+
+(f) Incorporation Into Regulations.— (1) In general.— Not later than 1 year after the date on which a special permit has been in continuous effect for a 10-year period, the Secretary shall conduct a review and analysis of that special permit to determine whether it may be converted into the hazardous materials regulations.
+
+(2) Factors.— In conducting the review and analysis under paragraph (1), the Secretary may consider—
+
+(A) the safety record for hazardous materials transported under the special permit;
+
+(B) the application of a special permit;
+
+(C) the suitability of provisions in the special permit for incorporation into the hazardous materials regulations; and
+
+(D) rulemaking activity in related areas.
+
+(3) Rulemaking.— After completing the review and analysis under paragraph (1) and after providing notice and opportunity for public comment, the Secretary shall either institute a rulemaking to incorporate the special permit into the hazardous materials regulations or publish in the Federal Register the Secretary’s justification for why the special permit is not appropriate for incorporation into the regulations.
+
+(g) Disclosure of Final Action.— The Secretary shall periodically, but at least every 120 days—
+
+(1) publish in the Federal Register notice of the final disposition of each application for a new special permit, modification to an existing special permit, or approval during the preceding quarter; and
+
+(2) make available to the public on the Department of Transportation’s Internet Web site notice of the final disposition of any other special permit during the preceding quarter.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 776; Pub. L. 103–311, title I, § 120(a), Aug. 26, 1994, 108 Stat. 1680; Pub. L. 109–59, title VII, §§ 7115(a)(1), (b)–(g), 7126, Aug. 10, 2005, 119 Stat. 1901, 1909; Pub. L. 112–141, div. C, title III, § 33012(c), July 6, 2012, 126 Stat. 839; Pub. L. 114–94, div. A, title VII, § 7204, Dec. 4, 2015, 129 Stat. 1592.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5117(a)49 App.:1806(a) (1st, 2d sentences).Jan. 3, 1975, Pub. L. 93–633, § 107, 88 Stat. 2158; Nov. 16, 1990, Pub. L. 101–615, § 9, 104 Stat. 3259. 5117(b)49 App.:1806(a) (3d–last sentences). 5117(c)(1)49 App.:1806(b). 5117(c)(2)49 App.:1806(c). 5117(d)49 App.:1806(d). In subsection (a)(1), before clause (A), the words “or renew” and “subject to the requirements of this chapter” are omitted as surplus. In clause (A), the words “at least equal to the safety level required under this chapter” are substituted for “which is equal to or exceeds that level of safety which would be required in the absence of such exemption” to eliminate unnecessary words. In subsection (a)(2), the words “issued or renewed” are omitted as surplus. In subsection (b), the words “upon application” and “grant of such” are omitted as surplus. The words “give the public an opportunity to inspect” are substituted for “afford access to . . . public” for clarity. The words “described by subsection (b) of section 552 of title 5, or which is otherwise” are omitted as surplus. In subsection (c)(1), clauses (A) and (B) are substituted for “any vessel which is excepted from the application of section 201 of the Ports and Waterways Safety Act of 1972 by paragraph (2) of such section”. Section 201 of that Act amended section 4417a of the Revised Statutes (classified at 46:391a prior to its repeal and reenactment as part of the codification of subtitle II of title 46 in 1983). Clauses (A) and (B) restate the exceptions provided by section 201 of that Act and by section 4417a of the Revised Statutes as subsequently amended. Clause (C) is substituted for “any other vessel regulated under such Act, to the extent of such regulation” because of the restatement. In subsection (c)(2), before clause (A), the word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code. In subsection (d), the words “by which”, “the requirements of”, and “or relieved of the obligation to meet any requirements imposed under” are omitted as surplus.
+
+Editorial Notes
+
+References in TextThe Ports and Waterways Safety Act of 1972, referred to in subsec. (d)(1)(C), is Pub. L. 92–340, July 10, 1972, 86 Stat. 424, which was renamed the Ports and Waterways Safety Act by Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471, and was classified generally to chapter 25 (§ 1221 et seq.) of Title 33, Navigation and Navigable Waters, prior to repeal by Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264. See Transitional and Savings Provisions note preceding section 101 of Title 46, Shipping, and chapter 700 (§ 70001 et seq.) of Title 46.
+
+Amendments2015—Subsec. (b). Pub. L. 114–94, § 7204(1), substituted “an application for a new special permit or a modification to an existing special permit” for “an application for a special permit” and inserted “The Secretary shall make available to the public on the Department of Transportation’s Internet Web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public an opportunity to inspect the safety analysis and comment on the application for a period of not more than 15 days.” before “This subsection”. Subsec. (c). Pub. L. 114–94, § 7204(2), substituted “a special permit or approval” for “the special permit” in two places, “120 days” for “180 days”, and “make available to the public” for “publish”, and struck out “in the Federal Register” after “a statement”. Subsec. (g). Pub. L. 114–94, § 7204(3), added subsec. (g). 2012—Subsec. (f). Pub. L. 112–141 added subsec. (f). 2005—Pub. L. 109–59, § 7115(a)(1), substituted “Special permits and exclusions” for “Exemptions and exclusions” in section catchline. Subsec. (a). Pub. L. 109–59, § 7115(b), substituted “Issue Special Permits” for “Exempt” in heading. Subsec. (a)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions. Pub. L. 109–59, § 7115(c), in introductory provisions, substituted “issue, modify, or terminate a special permit authorizing a variance” for “issue an exemption” and “performing a function regulated by the Secretary under section 5103(b)(1)” for “transporting, or causing to be transported, hazardous material”. Subsec. (a)(2). Pub. L. 109–59, § 7115(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “An exemption under this subsection is effective for not more than 2 years and may be renewed on application to the Secretary.” Subsec. (b). Pub. L. 109–59, § 7115(e), substituted “the special permit” for “the exemption” and substituted “a special permit” for “an exemption” wherever appearing. Subsec. (c). Pub. L. 109–59, § 7115(f), substituted “the special permit” for “the exemption” in two places. Subsec. (e). Pub. L. 109–59, § 7115(g), substituted “a special permit” for “an exemption” and “be granted a variance” for “be exempt”. 1994—Subsecs. (c) to (e). Pub. L. 103–311 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
+
+Special Permits, Approvals, and ExclusionsPub. L. 112–141, div. C, title III, § 33012(a), (b), July 6, 2012, 126 Stat. 838, provided that: “(a) Rulemaking.—Not later than 2 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation], after providing notice and an opportunity for public comment, shall issue regulations that establish—“(1) standard operating procedures to support administration of the special permit and approval programs; and “(2) objective criteria to support the evaluation of special permit and approval applications. “(b) Review of Special Permits.—“(1) Review.—Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a review and analysis of special permits that have been in continuous effect for a 10-year period to determine which special permits may be converted into the hazardous materials regulations. “(2) Factors.—In conducting the review and analysis under paragraph (1), the Secretary may consider—“(A) the safety record for hazardous materials transported under the special permit; “(B) the application of a special permit; “(C) the suitability of provisions in the special permit for incorporation into the hazardous materials regulations; and “(D) rulemaking activity in related areas. “(3) Rulemaking.—After completing the review and analysis under paragraph (1), but not later than 3 years after the date of enactment of this Act, and after providing notice and opportunity for public comment, the Secretary shall issue regulations to incorporate into the hazardous materials regulations any special permits identified in the review under paragraph (1) that the Secretary determines are appropriate for incorporation, based on the factors identified in paragraph (2).”

legal/us/code/title-49/chapter-51/section-5118.md

@@ -0,0 +1,83 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5118"
+description: "Hazardous material technical assessment, research and development, and analysis program"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5118"
+citation: "49 U.S.C. § 5118"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5118"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "7af5561a8904a9caf5184596c90b8fd319e0d1dfd76e97f2ff51a469a483d7ca"
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+text_hash: "8a59bbd41d104f470d4861b5489730fb1bccfe29689a0e5d08d283ab1c054c0b"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5118 - Hazardous material technical assessment, research and development, and analysis program
+
+## Text
+
+(a) Risk Reduction.— (1) Program authorized.— The Secretary of Transportation may develop and implement a hazardous material technical assessment, research and development, and analysis program for the purpose of—
+
+(A) reducing the risks associated with the transportation of hazardous material; and
+
+(B) identifying and evaluating new technologies to facilitate the safe, secure, and efficient transportation of hazardous material.
+
+(2) Coordination.— In developing the program under paragraph (1), the Secretary shall—
+
+(A) utilize information gathered from other modal administrations with similar programs;
+
+(B) coordinate with other modal administrations, as appropriate; and
+
+(C) coordinate, as appropriate, with other Federal agencies.
+
+(b) Cooperation.— In carrying out subsection (a), the Secretary shall work cooperatively with regulated and other entities, including shippers, carriers, emergency responders, State and local officials, and academic institutions.
+
+(c) Cooperative Research.— (1) In general.— As part of the program established under subsection (a), the Secretary may carry out cooperative research on hazardous materials transport.
+
+(2) National academies.— The Secretary may enter into an agreement with the National Academies to support research described in paragraph (1).
+
+(3) Research.— Research conducted under this subsection may include activities relating to—
+
+(A) emergency planning and response, including information and programs that can be readily assessed and implemented in local jurisdictions;
+
+(B) risk analysis and perception and data assessment;
+
+(C) commodity flow data, including voluntary collaboration between shippers and first responders for secure data exchange of critical information;
+
+(D) integration of safety and security;
+
+(E) cargo packaging and handling;
+
+(F) hazmat release consequences; and
+
+(G) materials and equipment testing.
+
+(Added Pub. L. 112–141, div. C, title III, § 33007(a), July 6, 2012, 126 Stat. 835; amended Pub. L. 114–94, div. A, title VI, § 6014, Dec. 4, 2015, 129 Stat. 1570.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 5118, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 777; Pub. L. 108–426, § 2(c)(2), Nov. 30, 2004, 118 Stat. 2424, related to employment of additional hazardous material safety inspectors, prior to repeal by Pub. L. 109–59, title VII, § 7115(h), Aug. 10, 2005, 119 Stat. 1901.
+
+Amendments2015—Subsec. (a)(2)(C). Pub. L. 114–94, § 6014(1), added subpar. (C). Subsec. (c). Pub. L. 114–94, § 6014(2), added subsec. (c).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

legal/us/code/title-49/chapter-51/section-5119.md

@@ -0,0 +1,57 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5119"
+description: "Uniform forms and procedures"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5119"
+citation: "49 U.S.C. § 5119"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5119"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "f699fa0e1778b60faedc08fc096e77682f39554d816a763962c4785f44832c19"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5119 - Uniform forms and procedures
+
+## Text
+
+(a) Establishment of Working Group.— The Secretary shall establish a working group of State and local government officials, including representatives of the National Governors’ Association, the National Association of Counties, the National League of Cities, the United States Conference of Mayors, the National Conference of State Legislatures, and the Alliance for Uniform Hazmat Transportation Procedures.
+
+(b) Purpose of Working Group.— The purpose of the working group shall be to develop uniform forms and procedures for a State to register, and to issue permits to, persons that transport, or cause to be transported, hazardous material by motor vehicle in the State.
+
+(c) Limitation on Working Group.— The working group may not propose to define or limit the amount of a fee a State may impose or collect.
+
+(d) Procedure.— The Secretary shall develop a procedure for the working group to employ in developing recommendations for the Secretary to harmonize existing State registration and permit laws and regulations relating to the transportation of hazardous materials, with special attention paid to each State’s unique safety concerns and interest in maintaining strong hazmat safety standards.
+
+(e) Report of Working Group.— Not later than 18 months after the date of enactment of this subsection, the working group shall transmit to the Secretary a report containing recommendations for establishing uniform forms and procedures described in subsection (b).
+
+(f) Regulations.— Not later than 18 months after the date the working group’s report is delivered to the Secretary, the Secretary shall issue regulations to carry out such recommendations of the working group as the Secretary considers appropriate. In developing such regulations, the Secretary shall consider the State needs associated with the transition to and implementation of a uniform forms and procedures program.
+
+(g) Limitation on Statutory Construction.— Nothing in this section shall be construed as prohibiting a State from voluntarily participating in a program of uniform forms and procedures until such time as the Secretary issues regulations under subsection (f).
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 777; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 109–59, title VII, § 7116, Aug. 10, 2005, 119 Stat. 1901.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5119(a)49 App.:1819(a).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 121(a)–(g); added Nov. 16, 1990, Pub. L. 101–615, § 22, 104 Stat. 3271; Oct. 24, 1992, Pub. L. 102–508, § 507, 106 Stat. 3312. 5119(b)49 App.:1819(b), (c). 5119(c)(1)49 App.:1819(d). 5119(c)(2)49 App.:1819(e). 5119(c)(3)49 App.:1819(f). 5119(d)49 App.:1819(g). In subsection (a), before clause (1), the words “As soon as practicable after November 16, 1990” are omitted as obsolete. In subsection (c)(1), the words “Subject to the provisions of this subsection” and “to the Secretary” are omitted as surplus.
+
+Editorial Notes
+
+References in TextThe date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
+
+Amendments2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to establishment of working group, consultation and reporting, regulations, and relationship to other laws. 1996—Subsec. (b)(2), Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.

legal/us/code/title-49/chapter-51/section-5120.md

@@ -0,0 +1,51 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5120"
+description: "International uniformity of standards and requirements"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5120"
+citation: "49 U.S.C. § 5120"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5120"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "f4cd0594dc2d5b3ce73232a88fb57f1ae72dfbc8d1d05277e8cdbd6efc9aa353"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5120 - International uniformity of standards and requirements
+
+## Text
+
+(a) Participation in International Forums.— Subject to guidance and direction from the Secretary of State, the Secretary of Transportation shall participate in international forums that establish or recommend mandatory standards and requirements for transporting hazardous material in international commerce.
+
+(b) Consultation.— The Secretary may consult with interested authorities to ensure that, to the extent practicable, regulations the Secretary prescribes under sections 5103(b), 5104, 5110, and 5112 of this title are consistent with standards and requirements related to transporting hazardous material that international authorities adopt.
+
+(c) Differences With International Standards and Requirements.— This section—
+
+(1) does not require the Secretary to prescribe a standard or requirement identical to a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is unnecessary or unsafe; and
+
+(2) does not prohibit the Secretary from prescribing a safety standard or requirement more stringent than a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is necessary in the public interest.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 778; Pub. L. 109–59, title VII, §§ 7117, 7126, Aug. 10, 2005, 119 Stat. 1902, 1909.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5120(a)49 App.:1804(d)(1).Jan. 3, 1975, Pub. L. 93–633, § 105(d), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615 § 4, 104 Stat. 3252. 5120(b)49 App.:1804(d)(2) (1st sentence). 5120(c)49 App.:1804(d)(2) (last sentence).
+
+Editorial Notes
+
+Amendments2005—Subsec. (b). Pub. L. 109–59, § 7126, substituted “Secretary may” for “Secretary of Transportation may”. Pub. L. 109–59, § 7117(a), inserted “and requirements” after “standards”. Subsec. (c)(1). Pub. L. 109–59, § 7126, substituted “Secretary to prescribe” for “Secretary of Transportation to prescribe”. Pub. L. 109–59, § 7117(b)(1), inserted “or requirement” after “standard” wherever appearing. Subsec. (c)(2). Pub. L. 109–59, § 7117(b)(2), struck out “included in a standard” before “adopted” and inserted “standard or” before “requirement” wherever appearing.

legal/us/code/title-49/chapter-51/section-5121.md

@@ -0,0 +1,167 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5121"
+description: "Administrative"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5121"
+citation: "49 U.S.C. § 5121"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5121"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5121 - Administrative
+
+## Text
+
+(a) General Authority.— To carry out this chapter, the Secretary may investigate, conduct tests, make reports, issue subpenas, conduct hearings, require the production of records and property, take depositions, and conduct research, development, demonstration, and training activities. Except as provided in subsections (c) and (d), after notice and an opportunity for a hearing, the Secretary may issue an order requiring compliance with this chapter or a regulation prescribed, or an order, special permit, or approval issued, under this chapter.
+
+(b) Records, Reports, and Information.— A person subject to this chapter shall—
+
+(1) maintain records and property, make reports, and provide information the Secretary by regulation or order requires; and
+
+(2) make the records, property, reports, and information available for inspection when the Secretary undertakes an investigation or makes a request.
+
+(c) Inspections and Investigations.— (1) In general.— A designated officer, employee, or agent of the Secretary—
+
+(A) may inspect and investigate, at a reasonable time and in a reasonable manner, records and property relating to a function described in section 5103(b)(1);
+
+(B) except in the case of packaging immediately adjacent to its hazardous material contents, may gain access to, open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package may contain a hazardous material;
+
+(C) may remove from transportation a package or related packages in a shipment offered for or in transportation for which—
+
+(i) such officer, employee, or agent has an objectively reasonable and articulable belief that the package may pose an imminent hazard; and
+
+(ii) such officer, employee, or agent contemporaneously documents such belief in accordance with procedures set forth in guidance or regulations prescribed under subsection (e);
+
+(D) may gather information from the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package, to ascertain the nature and hazards of the contents of the package;
+
+(E) as necessary, under terms and conditions specified by the Secretary, may order the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package to have the package transported to, opened, and the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis;
+
+(F) when safety might otherwise be compromised, may authorize properly qualified personnel to assist in the activities conducted under this subsection; and
+
+(G) shall provide to the affected offeror, carrier, packaging manufacturer or tester, or other person responsible for the package reasonable notice of—
+
+(i) his or her decision to exercise his or her authority under paragraph (1);
+
+(ii) any findings made; and
+
+(iii) any actions being taken as a result of a finding of noncompliance.
+
+(2) Display of credentials.— An officer, employee, or agent acting under this subsection shall display proper credentials, in person or in writing, when requested.
+
+(3) Safe resumption of transportation.— In instances when, as a result of an inspection or investigation under this subsection, an imminent hazard is not found to exist, the Secretary, in accordance with procedures set forth in regulations prescribed under subsection (e), shall assist—
+
+(A) in the safe and prompt resumption of transportation of the package concerned; or
+
+(B) in any case in which the hazardous material being transported is perishable, in the safe and expeditious resumption of transportation of the perishable hazardous material.
+
+(d) Emergency Orders.— (1) In general.— If, upon inspection, investigation, testing, or research, the Secretary determines that a violation of a provision of this chapter, or a regulation prescribed under this chapter, or an unsafe condition or practice, constitutes or is causing an imminent hazard, the Secretary may issue or impose emergency restrictions, prohibitions, recalls, or out-of-service orders, without notice or an opportunity for a hearing, but only to the extent necessary to abate the imminent hazard.
+
+(2) Written orders.— The action of the Secretary under paragraph (1) shall be in a written emergency order that—
+
+(A) describes the violation, condition, or practice that constitutes or is causing the imminent hazard;
+
+(B) states the restrictions, prohibitions, recalls, or out-of-service orders issued or imposed; and
+
+(C) describes the standards and procedures for obtaining relief from the order.
+
+(3) Opportunity for review.— After taking action under paragraph (1), the Secretary shall provide for review of the action under section 554 of title 5 if a petition for review is filed within 20 calendar days of the date of issuance of the order for the action.
+
+(4) Expiration of effectiveness of order.— If a petition for review of an action is filed under paragraph (3) and the review under that paragraph is not completed by the end of the 30-day period beginning on the date the petition is filed, the action shall cease to be effective at the end of such period unless the Secretary determines, in writing, that the imminent hazard providing a basis for the action continues to exist.
+
+(5) Out-of-service order defined.— In this subsection, the term “out-of-service order” means a requirement that an aircraft, vessel, motor vehicle, train, railcar, locomotive, other vehicle, transport unit, transport vehicle, freight container, potable tank, or other package not be moved until specified conditions have been met.
+
+(e) Regulations.— (1) Temporary regulations.— Not later than 60 days after the date of enactment of the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, the Secretary shall issue temporary regulations to carry out subsections (c) and (d). The temporary regulations shall expire on the date of issuance of the regulations under paragraph (2).
+
+(2) Final regulations.— Not later than 1 year after such date of enactment, the Secretary shall issue regulations to carry out subsections (c) and (d) in accordance with subchapter II of chapter 5 of title 5.
+
+(3) Matters to be addressed.— The regulations issued under this subsection shall address—
+
+(A) the safe and expeditious resumption of transportation of perishable hazardous material, including radiopharmaceuticals and other medical products, that may require timely delivery due to life-threatening situations;
+
+(B) the means by which—
+
+(i) noncompliant packages that present an imminent hazard are placed out-of-service until the condition is corrected; and
+
+(ii) noncompliant packages that do not present a hazard are moved to their final destination;
+
+(C) appropriate training and equipment for inspectors; and
+
+(D) the proper closure of packaging in accordance with the hazardous material regulations.
+
+(f) Facility, Staff, and Reporting System on Risks, Emergencies, and Actions.— (1) The Secretary shall—
+
+(A) maintain a facility and technical staff sufficient to provide, within the United States Government, the capability of evaluating a risk related to the transportation of hazardous material and material alleged to be hazardous;
+
+(B) maintain a central reporting system and information center capable of providing information and advice to law enforcement and firefighting personnel, other interested individuals, and officers and employees of the Government and State and local governments on meeting an emergency related to the transportation of hazardous material; and
+
+(C) conduct a continuous review on all aspects of transporting hazardous material to decide on and take appropriate actions to ensure safe transportation of hazardous material.
+
+(2) Paragraph (1) of this subsection does not prevent the Secretary from making a contract with a private entity for use of a supplemental reporting system and information center operated and maintained by the contractor.
+
+(g) Grants and Cooperative Agreements.— The Secretary may enter into grants and cooperative agreements with a person, agency, or instrumentality of the United States, a unit of State or local government, an Indian tribe, a foreign government (in coordination with the Department of State), an educational institution, or other appropriate entity—
+
+(1) to expand risk assessment and emergency response capabilities with respect to the safety and security of transportation of hazardous material;
+
+(2) to enhance emergency communications capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies where appropriate;
+
+(3) to conduct research, development, demonstration, risk assessment, and emergency response planning and training activities; or
+
+(4) to otherwise carry out this chapter.
+
+(h) Report.— The Secretary shall, once every 2 years, prepare and make available to the public on the Department of Transportation’s Internet Web site a comprehensive report on the transportation of hazardous materials during the preceding 2 calendar years. The report shall include—
+
+(1) a statistical compilation of accidents and casualties related to the transportation of hazardous material;
+
+(2) a list and summary of applicable Government regulations, criteria, orders, and special permits;
+
+(3) a summary of the basis for each special permit;
+
+(4) an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under section 5103(b)(1) and the degree of voluntary compliance with regulations;
+
+(5) a summary of outstanding problems in carrying out this chapter in order of priority; and
+
+(6) recommendations for appropriate legislation.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 779; Pub. L. 103–311, title I, §§ 108, 117(a)(2), Aug. 26, 1994, 108 Stat. 1674, 1678; Pub. L. 109–59, title VII, §§ 7118, 7126, Aug. 10, 2005, 119 Stat. 1902, 1909; Pub. L. 110–244, title III, § 302(e), June 6, 2008, 122 Stat. 1618; Pub. L. 112–141, div. C, title II, § 32501(c), title III, § 33009(a), (b)(1), (c), July 6, 2012, 126 Stat. 803, 836, 837; Pub. L. 114–94, div. A, title VII, § 7205, Dec. 4, 2015, 129 Stat. 1592.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5121(a)49 App.:1808(a) (1st sentence, last sentence words before semicolon).Jan. 3, 1975, Pub. L. 93–633, § 109(a) (1st sentence, last sentence words before semicolon), (b), (c), 88 Stat. 2159. 5121(b)49 App.:1808(b). 5121(c)49 App.:1808(c). 5121(d)49 App.:1808(d).Jan. 3, 1975, Pub. L. 93–633, § 109(d), 88 Stat. 2159; Oct. 30, 1984, Pub. L. 98–559, § 1(a), 98 Stat. 2907; Nov. 16, 1990, Pub. L. 101–615, § 11, 104 Stat. 3259. 5121(e)49 App.:1808(e).Jan. 3, 1975, Pub. L. 93–633, § 109(e), 88 Stat. 2159; Oct. 30, 1984, Pub. L. 98–559, § 1(b), 98 Stat. 2907. In subsection (a), the words “to the extent necessary . . . his responsibilities under” and “relevant” are omitted as surplus. The word “documents” is omitted as being included in “records”. The words “directly or indirectly” are omitted as surplus. The word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code. In subsection (b), before clause (1), the words “requirements under” are omitted as surplus. In clause (1), the words “establish and” are omitted as surplus. The word “requires” is substituted for “prescribe” for clarity and consistency. In subsection (c)(1), before clause (A), the words “enter upon . . . and examine” and “of persons to the extent such records and properties” are omitted as surplus. In clause (B), the words “or shipment by any person” are omitted as surplus. In subsection (d)(1), before clause (A), the words “establish and” are omitted as executed. In clause (B), the words “capable of” are substituted for “so as to be able to” to eliminate unnecessary words. The words “technical and other” and “of communities” are omitted as surplus. The words “and employees” are added for consistency in the revised title and with other titles of the Code. In clause (C), the words “in order” and “to be able to” are omitted as surplus. In subsection (e), before clause (1), the words “prepare and” and “comprehensive” are omitted as surplus. In clause (1), the word “thorough” is omitted as surplus. In clause (2), the words “in effect” are omitted as surplus. In clause (3), the words “granted or maintained” are omitted as surplus. In clause (6), the words “additional . . . as are deemed necessary or” are omitted as surplus.
+
+Editorial Notes
+
+References in TextThe date of enactment of the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, referred to in subsec. (e), is the date of enactment of title VII of Pub. L. 109–59, which was approved Aug. 10, 2005.
+
+Amendments2015—Subsec. (h). Pub. L. 114–94 substituted “make available to the public on the Department of Transportation’s Internet Web site” for “transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” in introductory provisions. 2012—Subsec. (c)(1)(G). Pub. L. 112–141, § 33009(a), added subpar. (G). Subsec. (c)(2). Pub. L. 112–141, § 32501(c), inserted “, in person or in writing,” after “proper credentials”. Subsec. (e)(3). Pub. L. 112–141, § 33009(b)(1), added par. (3). Subsec. (g)(1). Pub. L. 112–141, § 33009(c), inserted “safety and” before “security”. 2008—Subsec. (h)(2). Pub. L. 110–244, § 302(e)(1), substituted “special permits” for “exemptions”. Subsec. (h)(3). Pub. L. 110–244, § 302(e)(2), substituted “special permit” for “exemption”. 2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary may investigate” for “Secretary of Transportation may investigate”. Pub. L. 109–59, § 7118(a), inserted “conduct tests,” after “investigate,” and substituted “Except as provided in subsections (c) and (d), after” for “After” and “regulation prescribed, or an order, special permit, or approval issued,” for “regulation prescribed”. Subsec. (b)(1). Pub. L. 109–59, § 7118(b)(1), inserted “and property” after “records”. Subsec. (b)(2). Pub. L. 109–59, § 7118(b)(2), inserted “property,” after “records,” and “for inspection” after “available” and substituted “undertakes an investigation or makes a request” for “requests”. Subsec. (c). Pub. L. 109–59, § 7118(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “(1) The Secretary may authorize an officer, employee, or agent to inspect, at a reasonable time and in a reasonable way, records and property related to— “(A) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, testing, or distributing a packaging or a container for use by a person in transporting hazardous material in commerce; or “(B) the transportation of hazardous material in commerce. “(2) An officer, employee, or agent under this subsection shall display proper credentials when requested.” Subsecs. (d), (e). Pub. L. 109–59, § 7118(d), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (h), respectively. Subsec. (f). Pub. L. 109–59, § 7118(d)(1), redesignated subsec. (d) as (f). Subsec. (g). Pub. L. 109–59, § 7118(e), added subsec. (g). Subsec. (h). Pub. L. 109–59, § 7118(f)(1), substituted “transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” for “submit to the President for transmittal to the Congress” in introductory provisions. Pub. L. 109–59, § 7118(d)(1), redesignated subsec. (e) as (h). Subsec. (h)(4). Pub. L. 109–59, § 7118(f)(2), inserted “relating to a function regulated by the Secretary under section 5103(b)(1)” after “activities”. 1994—Subsec. (c)(1)(A). Pub. L. 103–311, § 117(a)(2), substituted “a packaging or a” for “a package or”. Subsec. (e). Pub. L. 103–311, § 108, substituted “Report” for “Annual Report” in heading and substituted first sentence for former first sentence which read as follows: “The Secretary shall submit to the President, for submission to Congress, not later than June 15th of each year, a report about the transportation of hazardous material during the prior calendar year.”
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
+
+Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
+
+Paperless Hazard Communications Pilot ProgramPub. L. 112–141, div. C, title III, § 33005, July 6, 2012, 126 Stat. 833, provided that: “(a) In General.—The Secretary [of Transportation] may conduct pilot projects to evaluate the feasibility and effectiveness of using paperless hazard communications systems. At least 1 of the pilot projects under this section shall take place in a rural area. “(b) Requirements.—In conducting pilot projects under this section, the Secretary—“(1) may not waive the requirements under section 5110 of title 49, United States Code; and “(2) shall consult with organizations representing—“(A) fire services personnel; “(B) law enforcement and other appropriate enforcement personnel; “(C) other emergency response providers; “(D) persons who offer hazardous material for transportation; “(E) persons who transport hazardous material by air, highway, rail, and water; and “(F) employees of persons who transport or offer for transportation hazardous material by air, highway, rail, and water. “(c) Report.—Not later than 2 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary shall—“(1) prepare a report on the results of the pilot projects carried out under this section, including—“(A) a detailed description of the pilot projects; “(B) an evaluation of each pilot project, including an evaluation of the performance of each paperless hazard communications system in such project; “(C) an assessment of the safety and security impact of using paperless hazard communications systems, including any impact on the public, emergency response, law enforcement, and the conduct of inspections and investigations; “(D) an analysis of the associated benefits and costs of using the paperless hazard communications systems for each mode of transportation; and “(E) a recommendation that incorporates the information gathered in subparagraphs (A), (B), (C), and (D) on whether paperless hazard communications systems should be permanently incorporated into the Federal hazardous material transportation safety program under chapter 51 of title 49, United States Code; and “(2) submit a final report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that contains the results of the pilot projects carried out under this section, including the matters described in paragraph (1). “(d) Paperless Hazard Communications System Defined.—In this section, the term ‘paperless hazard communications system’ means the use of advanced communications methods, such as wireless communications devices, to convey hazard information between all parties in the transportation chain, including emergency responders and law enforcement personnel. The format of communication may be equivalent to that used by the carrier.”
+
+Hazardous Material Enforcement TrainingPub. L. 112–141, div. C, title III, § 33008, July 6, 2012, 126 Stat. 836, provided that: “(a) In General.—Not later than 18 months after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall develop uniform performance standards for training hazardous material inspectors and investigators on—“(1) how to collect, analyze, and publish findings from inspections and investigations of accidents or incidents involving the transportation of hazardous material; and “(2) how to identify noncompliance with regulations issued under chapter 51 of title 49, United States Code, and take appropriate enforcement action. “(b) Standards and Guidelines.—The Secretary may develop—“(1) guidelines for hazardous material inspector and investigator qualifications; “(2) best practices and standards for hazardous material inspector and investigator training programs; and “(3) standard protocols to coordinate investigation efforts among Federal, State, and local jurisdictions on accidents or incidents involving the transportation of hazardous material. “(c) Availability.—The standards, protocols, and guidelines established under this section—“(1) shall be mandatory for—“(A) the Department of Transportation’s multimodal personnel conducting hazardous material enforcement inspections or investigations; and “(B) State employees who conduct federally funded compliance reviews, inspections, or investigations; and “(2) shall be made available to Federal, State, and local hazardous material safety enforcement personnel.”
+
+Finalizing RegulationsPub. L. 112–141, div. C, title III, § 33009(b)(2), July 6, 2012, 126 Stat. 837, provided that: “In accordance with section 5103(b)(2) of title 49, United States Code, not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall take all actions necessary to finalize a regulation under paragraph (1) of this subsection [amending this section].”
+
+Toll Free Number for ReportingPub. L. 103–311, title I, § 116, Aug. 26, 1994, 108 Stat. 1678, provided that: “The Secretary of Transportation shall designate a toll free telephone number for transporters of hazardous materials and other individuals to report to the Secretary possible violations of chapter 51 of title 49, United States Code, or any order or regulation issued under that chapter.”

legal/us/code/title-49/chapter-51/section-5122.md

@@ -0,0 +1,55 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5122"
+description: "Enforcement"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5122"
+citation: "49 U.S.C. § 5122"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5122"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5122 - Enforcement
+
+## Text
+
+(a) General.— At the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123.
+
+(b) Imminent Hazards.— (1) If the Secretary has reason to believe that an imminent hazard exists, the Secretary may bring a civil action in an appropriate district court of the United States—
+
+(A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or
+
+(B) to eliminate or mitigate the hazard.
+
+(2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.
+
+(c) Withholding of Clearance.— (1) If any owner, operator, or individual in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or individual in charge may be subject to such a civil penalty or fine, the Secretary of Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.
+
+(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 780; Pub. L. 104–324, title III, § 312(a), Oct. 19, 1996, 110 Stat. 3920; Pub. L. 109–59, title VII, §§ 7119, 7126, Aug. 10, 2005, 119 Stat. 1905, 1909; Pub. L. 109–304, § 17(h)(1), Oct. 6, 2006, 120 Stat. 1709.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5122(a)49 App.:1808(a) (last sentence words after semicolon).Jan. 3, 1975, Pub. L. 93–633, §§ 109(a) (last sentence words after semicolon), 111(a), 88 Stat. 2159, 2161.  49 App.:1810(a). 5122(b)49 App.:1810(b).Jan. 3, 1975, Pub. L. 93–633, § 111(b), 88 Stat. 2161; Nov. 16, 1990, Pub. L. 101–615, § 3(b), 104 Stat. 3247. In this section, the words “bring a civil action” are substituted for “bring an action in” in 49 App.:1810 and “petition . . . for an order . . . for such other order” for consistency in the revised title and with other titles of the United States Code. In subsection (a), the text of 49 App.:1808(a) (last sentence words after semicolon) and the words “for equitable relief” in 49 App.:1810(a) are omitted as surplus. The words “enforce this chapter” are substituted for “redress a violation by any person of a provision of this chapter” to eliminate unnecessary words. The words “regulation prescribed or order issued” are substituted for “order or regulation issued” for consistency in the revised title and with other titles of the Code. The words “The court may award appropriate relief, including” are substituted for “Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and” to eliminate unnecessary words. In subsection (b)(1), before clause (A), the words “as is necessary” are omitted as surplus.
+
+Editorial Notes
+
+Amendments2006—Subsec. (c)(1). Pub. L. 109–304 substituted “Secretary of Homeland Security” and “section 60105 of title 46” for “Secretary of the Treasury” and “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)”, respectively. 2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”. Pub. L. 109–59, § 7119(a), substituted “this chapter or a regulation prescribed or order, special permit, or approval” for “this chapter or a regulation prescribed or order” and “The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123” for “The court may award appropriate relief, including punitive damages”. Subsec. (b)(1)(B). Pub. L. 109–59, § 7119(b), substituted “or mitigate the hazard” for “or ameliorate the hazard”. 1996—Subsec. (c). Pub. L. 104–324 added subsec. (c).

legal/us/code/title-49/chapter-51/section-5123.md

@@ -0,0 +1,97 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5123"
+description: "Civil penalty"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5123"
+citation: "49 U.S.C. § 5123"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5123"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "a8598dbe7faf0b41d66d1a09f08b9e41143b2e67bf676c09c2a814c7bc8bfe36"
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+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5123 - Civil penalty
+
+## Text
+
+(a) Penalty.— (1) A person that knowingly violates this chapter or a regulation, order, special permit, or approval issued under this chapter is liable to the United States Government for a civil penalty of not more than $75,000 for each violation. A person acts knowingly when—
+
+(A) the person has actual knowledge of the facts giving rise to the violation; or
+
+(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge.
+
+(2) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the amount of the civil penalty for such violation to not more than $175,000.
+
+(3) If the violation is related to training, a person described in paragraph (1) shall be liable for a civil penalty of at least $450.
+
+(4) A separate violation occurs for each day the violation, committed by a person that transports or causes to be transported hazardous material, continues.
+
+(b) Hearing Requirement.— The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty.
+
+(c) Penalty Considerations.— In determining the amount of a civil penalty under this section, the Secretary shall consider—
+
+(1) the nature, circumstances, extent, and gravity of the violation;
+
+(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and
+
+(3) other matters that justice requires.
+
+(d) Civil Actions To Collect.— The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this section and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.
+
+(e) Compromise.— The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General.
+
+(f) Setoff.— The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.
+
+(g) Depositing Amounts Collected.— Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts.
+
+(h) Penalty for Obstruction of Inspections and Investigations.— (1) The Secretary may impose a penalty on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under subsection (c) or (i) of section 5121.
+
+(2) For the purposes of this subsection, the term “obstructs” means actions that were known, or reasonably should have been known, to prevent, hinder, or impede an investigation.
+
+(i) Prohibition on Hazardous Material Operations After Nonpayment of Penalties.— (1) In general.— Except as provided under paragraph (2), a person subject to the jurisdiction of the Secretary under this chapter who fails to pay a civil penalty assessed under this chapter, or fails to arrange and abide by an acceptable payment plan for such civil penalty, may not conduct any activity regulated under this chapter beginning on the 91st day after the date specified by order of the Secretary for payment of such penalty unless the person has filed a formal administrative or judicial appeal of the penalty.
+
+(2) Exception.— Paragraph (1) shall not apply to any person who is unable to pay a civil penalty because such person is a debtor in a case under chapter 11 of title 11.
+
+(3) Rulemaking.— Not later than 2 years after the date of enactment of this subsection, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations that—
+
+(A) set forth procedures to require a person who is delinquent in paying civil penalties to cease any activity regulated under this chapter until payment has been made or an acceptable payment plan has been arranged; and
+
+(B) ensures 11 So in original. Probably should be “ensure”. that the person described in subparagraph (A)—
+
+(i) is notified in writing; and
+
+(ii) is given an opportunity to respond before the person is required to cease the activity.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 780; Pub. L. 109–59, title VII, §§ 7120(a)–(c), 7126, Aug. 10, 2005, 119 Stat. 1905, 1906, 1909; Pub. L. 112–141, div. C, title III, § 33010, July 6, 2012, 126 Stat. 837.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5123(a)(1)49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence).Jan. 3, 1975, Pub. L. 93–633, § 110(a)(1), 88 Stat. 2160; Nov. 16, 1990, Pub. L. 101–615, § 12(a)(1), 104 Stat. 3259.  49 App.:1809(a)(3).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 110(a)(3); added Nov. 16, 1990, Pub. L. 101–615, § 12(a)(2), 104 Stat. 3259. 5123(a)(2)49 App.:1809(a)(1) (2d sentence words after 4th comma). 5123(b)49 App.:1809(a)(1) (1st sentence 3d–16th words, 4th sentence). 5123(c)49 App.:1809(a)(1) (last sentence). 5123(d), (e)49 App.:1809(a)(2) (1st sentence).Jan. 3, 1975, Pub. L. 93–633, § 110(a)(2), 88 Stat. 2160. 5123(f)49 App.:1809(a)(2) (2d sentence). 5123(g)49 App.:1809(a)(2) (last sentence). In subsection (a)(1), before clause (1), the words “A person that knowingly violates this chapter or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of at least $250 but not more than $25,000 for each violation” are substituted for 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence) to eliminate unnecessary words. In subsection (b), the word “impose” is substituted for “assessed” for consistency. In subsection (c)(2), the words “the violator” are substituted for “the person found to have committed such violation” to eliminate unnecessary words. In subsection (f), the words “imposed or compromised” are substituted for “of such penalty, when finally determined (or agreed upon in compromise)” to eliminate unnecessary words and for consistency. The words “liable for the penalty” are substituted for “charged” for clarity.
+
+Editorial Notes
+
+References in TextThe date of enactment of this subsection, referred to in subsec. (i)(3), is the date of enactment of Pub. L. 112–141, which was approved July 6, 2012.
+
+Amendments2012—Subsec. (a)(1). Pub. L. 112–141, § 33010(1)(A), in introductory provisions, struck out “at least $250 but” after “civil penalty of” and substituted “$75,000” for “$50,000”. Subsec. (a)(2). Pub. L. 112–141, § 33010(1)(B), substituted “$175,000” for “$100,000”. Subsec. (a)(3). Pub. L. 112–141, § 33010(1)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “If the violation is related to training, paragraph (1) shall be applied by substituting ‘$450’ for ‘$250’.” Subsecs. (h), (i). Pub. L. 112–141, § 33010(2), added subsecs. (h) and (i). 2005—Subsec. (a)(1). Pub. L. 109–59, § 7120(a)(1), in introductory provisions substituted “regulation, order, special permit, or approval issued” for “regulation prescribed or order issued” and “$50,000” for “$25,000”. Subsec. (a)(2) to (4). Pub. L. 109–59, § 7120(a)(2), (3), added pars. (2) and (3) and redesignated former par. (2) as (4). Subsec. (b). Pub. L. 109–59, § 7126, substituted “Secretary may” for “Secretary of Transportation may”. Pub. L. 109–59, § 7120(b), substituted “regulation prescribed or order, special permit, or approval issued” for “regulation prescribed”. Subsec. (d). Pub. L. 109–59, § 7120(c), substituted “section and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.” for “section.”
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
+
+Effective Date of 2005 AmendmentPub. L. 109–59, title VII, § 7120(d), Aug. 10, 2005, 119 Stat. 1906, provided that: “(1) Hearing requirement.—The amendment made by subsection (b) [amending this section] shall take effect on the date of enactment of this Act [Aug. 10, 2005], and shall apply with respect to violations described in section 5123(a) of title 49, United States Code (as amended by this section), that occur on or after that date. “(2) Civil actions to collect.—The amendment made by subsection (c) [amending this section] shall apply with respect to civil penalties imposed on violations described in section 5123(a) of title 49, United States Code (as amended by this section), that occur on or after the date of enactment of this Act [Aug. 10, 2005].”

legal/us/code/title-49/chapter-51/section-5124.md

@@ -0,0 +1,61 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5124"
+description: "Criminal penalty"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5124"
+citation: "49 U.S.C. § 5124"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5124"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "c0d936a61837a26b1e3f4d8ff181e49892fd8ab510722bffcca4b465c76bcab6"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "bb2a781b3687da07a775603e227502d8f4b0a772b92bf4a0b08a4d297170f040"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5124 - Criminal penalty
+
+## Text
+
+(a) In General.— A person knowingly violating section 5104(b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.
+
+(b) Knowing Violations.— For purposes of this section—
+
+(1) a person acts knowingly when—
+
+(A) the person has actual knowledge of the facts giving rise to the violation; or
+
+(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and
+
+(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.
+
+(c) Willful Violations.— For purposes of this section, a person acts willfully when—
+
+(1) the person has knowledge of the facts giving rise to the violation; and
+
+(2) the person has knowledge that the conduct was unlawful.
+
+(d) Reckless Violations.— For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that person’s conduct.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781; Pub. L. 109–59, title VII, § 7121, Aug. 10, 2005, 119 Stat. 1906.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 512449 App.:1809(b).Jan. 3, 1975, Pub. L. 93–633, § 110(b), 88 Stat. 2161; restated Nov. 16, 1990, Pub. L. 101–615, § 12(b), 104 Stat. 3259.
+
+Editorial Notes
+
+Amendments2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “A person knowingly violating section 5104(b) of this title or willfully violating this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.”

legal/us/code/title-49/chapter-51/section-5125.md

@@ -0,0 +1,109 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5125"
+description: "Preemption"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5125"
+citation: "49 U.S.C. § 5125"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5125"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "0c0420743e07b661377370d3668b9e0f6c90f27b7e4b230bdbf13481acdac96a"
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+text_hash: "69cde67b6665eb8dd54d7dd675c4677cbe893776814fc0447b0e9e064f67ce45"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5125 - Preemption
+
+## Text
+
+(a) General.— Except as provided in subsections (b), (c), and (e) of this section and unless authorized by another law of the United States, a requirement of a State, political subdivision of a State, or Indian tribe is preempted if—
+
+(1) complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security is not possible; or
+
+(2) the requirement of the State, political subdivision, or tribe, as applied or enforced, is an obstacle to accomplishing and carrying out this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security.
+
+(b) Substantive Differences.— (1) Except as provided in subsection (c) of this section and unless authorized by another law of the United States, a law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe about any of the following subjects, that is not substantively the same as a provision of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security, is preempted:
+
+(A) the designation, description, and classification of hazardous material.
+
+(B) the packing, repacking, handling, labeling, marking, and placarding of hazardous material.
+
+(C) the preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents.
+
+(D) the written notification, recording, and reporting of the unintentional release in transportation of hazardous material and other written hazardous materials transportation incident reporting involving State or local emergency responders in the initial response to the incident.
+
+(E) the designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
+
+(2) If the Secretary prescribes or has prescribed under section 5103(b), 5104, 5110, or 5112 of this title or prior comparable provision of law a regulation or standard related to a subject referred to in paragraph (1) of this subsection, a State, political subdivision of a State, or Indian tribe may prescribe, issue, maintain, and enforce only a law, regulation, standard, or order about the subject that is substantively the same as a provision of this chapter or a regulation prescribed or order issued under this chapter. The Secretary shall decide on and publish in the Federal Register the effective date of section 5103(b) of this title for any regulation or standard about any of those subjects that the Secretary prescribes. The effective date may not be earlier than 90 days after the Secretary prescribes the regulation or standard nor later than the last day of the 2-year period beginning on the date the Secretary prescribes the regulation or standard.
+
+(3) If a State, political subdivision of a State, or Indian tribe imposes a fine or penalty the Secretary decides is appropriate for a violation related to a subject referred to in paragraph (1) of this subsection, an additional fine or penalty may not be imposed by any other authority.
+
+(c) Compliance With Section 5112(b) Regulations.— (1) Except as provided in paragraph (2) of this subsection, after the last day of the 2-year period beginning on the date a regulation is prescribed under section 5112(b) of this title, a State or Indian tribe may establish, maintain, or enforce a highway routing designation over which hazardous material may or may not be transported by motor vehicles, or a limitation or requirement related to highway routing, only if the designation, limitation, or requirement complies with section 5112(b), and is published in the Department’s hazardous materials route registry under section 5112(c).
+
+(2) (A) A highway routing designation, limitation, or requirement established before the date a regulation is prescribed under section 5112(b) of this title does not have to comply with section 5112(b)(1)(B), (C), and (F).
+
+(B) This subsection and section 5112 of this title do not require a State or Indian tribe to comply with section 5112(b)(1)(I) if the highway routing designation, limitation, or requirement was established before November 16, 1990.
+
+(C) The Secretary may allow a highway routing designation, limitation, or requirement to continue in effect until a dispute related to the designation, limitation, or requirement is resolved under section 5112(d) of this title.
+
+(d) Decisions on Preemption.— (1) A person (including a State, political subdivision of a State, or Indian tribe) directly affected by a requirement of a State, political subdivision, or tribe may apply to the Secretary, as provided by regulations prescribed by the Secretary, for a decision on whether the requirement is preempted by subsection (a), (b)(1), or (c) of this section or section 5119(f). The Secretary shall publish notice of the application in the Federal Register. The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary’s decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made. After notice is published, an applicant may not seek judicial relief on the same or substantially the same issue until the Secretary takes final action on the application or until 180 days after the application is filed, whichever occurs first.
+
+(2) After consulting with States, political subdivisions of States, and Indian tribes, the Secretary shall prescribe regulations for carrying out paragraph (1) of this subsection.
+
+(3) Subsection (a) of this section does not prevent a State, political subdivision of a State, or Indian tribe, or another person directly affected by a requirement, from seeking a decision on preemption from a court of competent jurisdiction instead of applying to the Secretary under paragraph (1) of this subsection.
+
+(e) Waiver of Preemption.— A State, political subdivision of a State, or Indian tribe may apply to the Secretary for a waiver of preemption of a requirement the State, political subdivision, or tribe acknowledges is preempted by subsection (a), (b)(1), or (c) of this section or section 5119(f). Under a procedure the Secretary prescribes by regulation, the Secretary may waive preemption on deciding the requirement—
+
+(1) provides the public at least as much protection as do requirements of this chapter and regulations prescribed under this chapter; and
+
+(2) is not an unreasonable burden on commerce.
+
+(f) Fees.— (1) A State, political subdivision of a State, or Indian tribe may impose a fee related to transporting hazardous material only if the fee is fair and used for a purpose related to transporting hazardous material, including enforcement and planning, developing, and maintaining a capability for emergency response.
+
+(2) A State or political subdivision thereof or Indian tribe that levies a fee in connection with the transportation of hazardous materials shall biennially report to the Secretary on—
+
+(A) the basis on which the fee is levied upon persons involved in such transportation;
+
+(B) the purposes for which the revenues from the fee are used;
+
+(C) the annual total amount of the revenues collected from the fee; and
+
+(D) such other matters as the Secretary requests.
+
+(g) Application of Each Preemption Standard.— Each standard for preemption in subsection (a), (b)(1), or (c), and in section 5119(f), is independent in its application to a requirement of a State, political subdivision of a State, or Indian tribe.
+
+(h) Non-Federal Enforcement Standards.— This section does not apply to any procedure, penalty, required mental state, or other standard utilized by a State, political subdivision of a State, or Indian tribe to enforce a requirement applicable to the transportation of hazardous material.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781; Pub. L. 103–311, title I, §§ 107, 117(a)(2), 120(b), Aug. 26, 1994, 108 Stat. 1674, 1678, 1681; Pub. L. 103–429, § 6(6), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 107–296, title XVII, § 1711(b), Nov. 25, 2002, 116 Stat. 2320; Pub. L. 109–59, title VII, §§ 7122, 7123(a), 7126, Aug. 10, 2005, 119 Stat. 1907, 1909; Pub. L. 110–244, title III, § 302(c), June 6, 2008, 122 Stat. 1618; Pub. L. 112–141, div. C, title III, §§ 33006(d), 33011, 33013(b), July 6, 2012, 126 Stat. 835, 838, 839.)
+
+## Notes
+
+Historical and Revision Notes Pub. L. 103–272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5125(a)49 App.:1811(a).Jan. 3, 1975, Pub. L. 93–633, § 112(a)–(e), 88 Stat. 2161; Nov. 30, 1979, Pub. L. 96–129, § 216(a), 93 Stat. 1015; restated Nov. 16, 1990, Pub. L. 101–615, § 13, 104 Stat. 3259. 5125(b)49 App.:1804(a)(4), (5).Jan. 3, 1975, Pub. L. 93–633, § 105(a)(4), (5), (b)(4), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, § 4, 104 Stat. 3247, 3250. 5125(c)49 App.:1804(b)(4). 5125(d)49 App.:1811(c). 5125(e)49 App.:1811(d). 5125(f)49 App.:1811(e). 5125(g)49 App.:1811(b). In subsections (a) and (b)(1), the words “and unless authorized by Federal law” are omitted as surplus. In subsection (a), before clause (1), the reference to subsections (b) and (c) is substituted for 49 App.:1811(a)(3) for clarity. In subsection (b)(1), before clause (A), the words “ruling, provision” are omitted as surplus. In subsection (b)(3), the word “imposes” is substituted for “assesses” for consistency. In subsection (c)(1), the words “the procedural requirements of” and “the substantive requirements of” are omitted as surplus. In subsection (c)(2)(A), the words “procedural requirements of the Federal standards established pursuant to” are omitted as surplus. In subsection (f), the words “may bring a civil action for judicial review” are substituted for “may seek judicial review . . . only by filing a petition” for consistency in the revised title.
+
+Pub. L. 103–429This amends 49:5125(a) and (b)(1) to clarify the restatement of 49 App.:1804(a)(4) and 1811(a) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 781).
+
+Editorial Notes
+
+Amendments2012—Subsec. (b)(1)(D). Pub. L. 112–141, § 33006(d), inserted “and other written hazardous materials transportation incident reporting involving State or local emergency responders in the initial response to the incident” before period at end. Subsec. (c)(1). Pub. L. 112–141, § 33013(b), inserted “, and is published in the Department’s hazardous materials route registry under section 5112(c)” before period at end. Subsec. (f)(2). Pub. L. 112–141, § 33011, substituted “biennially” for “, upon the Secretary’s request,”. 2008—Subsec. (d)(1). Pub. L. 110–244, § 302(c)(1), substituted “5119(f)” for “5119(e)”. Subsec. (e). Pub. L. 110–244, § 302(c)(2), substituted “5119(f)” for “5119(b)” in introductory provisions. Subsec. (g). Pub. L. 110–244, § 302(c)(2), (3), substituted “(a), (b)(1), or (c)” for “(b), (c)(1), or (d)” and “5119(f)” for “5119(b)”. 2005—Subsec. (b)(1)(E). Pub. L. 109–59, § 7122(a)(1), added subpar. (E) and struck out former subpar. (E) which read as follows: “the design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a packaging or a container represented, marked, certified, or sold as qualified for use in transporting hazardous material.” Subsec. (b)(2). Pub. L. 109–59, § 7126, substituted “If the Secretary” for “If the Secretary of Transportation”. Pub. L. 109–59, § 7122(a)(2), substituted “subjects that the Secretary prescribes. The” for “subjects that the Secretary prescribes after November 16, 1990. However, the”. Subsec. (d)(1). Pub. L. 109–59, § 7122(b), inserted “or section 5119(e)” before period at end of first sentence. Subsec. (e). Pub. L. 109–59, § 7122(c), inserted “or section 5119(b)” before period at end of first sentence. Subsec. (f). Pub. L. 109–59, § 7123(a), redesignated subsec. (g) as (f), realigned margins, and struck out heading and text of former subsec. (f). Text read as follows: “A party to a proceeding under subsection (d) or (e) of this section may bring a civil action in an appropriate district court of the United States for judicial review of the decision of the Secretary not later than 60 days after the decision becomes final.” Subsec. (g). Pub. L. 109–59, § 7123(a)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f). Subsecs. (h), (i). Pub. L. 109–59, § 7123(a)(2), redesignated subsecs. (h) and (i) as (g) and (h), respectively. Pub. L. 109–59, § 7122(d), added subsecs. (h) and (i). 2002—Subsecs. (a), (b)(1). Pub. L. 107–296 substituted “chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security” for “chapter or a regulation prescribed under this chapter” wherever appearing. 1994—Subsecs. (a), (b)(1). Pub. L. 103–429 inserted “and unless authorized by another law of the United States” after “section” in introductory provisions. Subsec. (b)(1)(E). Pub. L. 103–311, § 117(a)(2), substituted “a packaging or a” for “a package or”. Subsec. (d). Pub. L. 103–311, § 120(b), inserted after second sentence “The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary’s decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made.” Subsec. (g). Pub. L. 103–311, § 107, designated existing provisions as par. (1) and added par. (2).
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
+
+Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
+
+Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

legal/us/code/title-49/chapter-51/section-5126.md

@@ -0,0 +1,53 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5126"
+description: "Relationship to other laws"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5126"
+citation: "49 U.S.C. § 5126"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5126"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "6b842c03ad0167d11031415881f4059bef33967708487693e7e1a43038f94e8f"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "5e0418cab8375d284c53b776b5b3139b3aac4a197a9495d921f05b60e5ec9e67"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5126 - Relationship to other laws
+
+## Text
+
+(a) Contracts.— A person under contract with a department, agency, or instrumentality of the United States Government that transports hazardous material, or causes hazardous material to be transported, or designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented as qualified for use in transporting hazardous material shall comply with this chapter, regulations prescribed and orders issued under this chapter, and all other requirements of the Government, State and local governments, and Indian tribes (except a requirement preempted by a law of the United States) in the same way and to the same extent that any person engaging in that transportation, designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing that is in or affects commerce must comply with the provision, regulation, order, or requirement.
+
+(b) Nonapplication.— This chapter does not apply to—
+
+(1) a pipeline subject to regulation under chapter 601 of this title; or
+
+(2) any matter that is subject to the postal laws and regulations of the United States under this chapter or title 18 or 39.
+
+(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 783; Pub. L. 103–311, title I, § 117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109–59, title VII, § 7124, Aug. 10, 2005, 119 Stat. 1908; Pub. L. 110–244, title III, § 302(d), June 6, 2008, 122 Stat. 1618.)
+
+## Notes
+
+Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5126(a)49 App.:1818.Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 120; added Nov. 16, 1990, Pub. L. 101–615, § 20, 104 Stat. 3270. 5126(b)49 App.:1811(f).Jan. 3, 1975, Pub. L. 93–633, § 112(f), 88 Stat. 2161; Nov. 30, 1979, Pub. L. 96–129, § 216(a), 93 Stat. 1015; restated Nov. 16, 1990, Pub. L. 101–615, § 13, 104 Stat. 3260. In subsection (a), the word “manufactures” is substituted for “manufacturers” to correct an error in the source provisions. The words “of the executive, legislative, or judicial branch”, “be subject to and”, “substantive and procedural”, and “this chapter or any other” are omitted as surplus.
+
+Editorial Notes
+
+Amendments2008—Subsec. (a). Pub. L. 110–244 amended Pub. L. 109–59. See 2005 Amendment note below. 2005—Subsec. (a). Pub. L. 109–59, § 7124(4), substituted “designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing” for “manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing”. Pub. L. 109–59, § 7124(3), as amended by Pub. L. 110–244, substituted “shall comply with this chapter” for “must comply with this chapter”. Pub. L. 109–59, § 7124(1), (2), substituted “transports hazardous material, or causes hazardous material to be transported,” for “transports or causes to be transported hazardous material,” and “designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented” for “manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a packaging or a container that the person represents, marks, certifies, or sells”. 1994—Subsec. (a). Pub. L. 103–311 substituted “a packaging or a” for “a package or”.
+
+Statutory Notes and Related Subsidiaries
+
+Effective Date of 2008 AmendmentAmendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

legal/us/code/title-49/chapter-51/section-5127.md

@@ -0,0 +1,47 @@
+---
+type: "LegalText"
+title: "49 U.S.C. § 5127"
+description: "Judicial review"
+jurisdiction: "us"
+corpus: "united_states_code"
+kind: "code_section"
+title_number: 49
+title_name: "TRANSPORTATION"
+chapter_number: "51"
+chapter_name: "TRANSPORTATION OF HAZARDOUS MATERIAL"
+section: "5127"
+citation: "49 U.S.C. § 5127"
+status: "current"
+release_point: "119-100"
+release_date: "2026-06-26"
+source: "official"
+source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
+source_identifier: "/us/usc/t49/s5127"
+source_file: "data/legal/raw/us/code/title-49/usc49.xml"
+source_hash: "5dfee7bea740194ebe96f2280a165781ff1f35e743072a4a838d24a549cc31a3"
+raw_snapshot_hash: "0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb"
+text_hash: "1114695f14ff199fd72f3714758eb59de2f6548ac513f8a71e5ad9bc932f8a0e"
+retrieved_at: "2026-07-04"
+confidence: "official"
+tags: ["legal", "us-code"]
+---
+
+# 49 U.S.C. § 5127 - Judicial review
+
+## Text
+
+(a) Filing and Venue.— Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary’s action becomes final.
+
+(b) Judicial Procedures.— When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in section 2112 of title 28.
+
+(c) Authority of Court.— The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary’s final action and may order the Secretary to conduct further proceedings.
+
+(d) Requirement for Prior Objection.— In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.
+
+(Added Pub. L. 109–59, title VII, § 7123(b), Aug. 10, 2005, 119 Stat. 1907.)
+
+## Notes
+
+Editorial Notes
+
+Prior ProvisionsA prior section 5127 was renumbered section 5128 of this title.