(a)
(b)
(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)
(1)
(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)
(3)
(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)
(1)
(2)
(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)
(4)
(5)
(e)
(1)
(2)
(3)
(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)
(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)
(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)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5121(a) | 49 App.:1808(a) (1st sentence, last sentence words before semicolon). | Jan. 3, 1975,
|
| 5121(b) | 49 App.:1808(b). | |
| 5121(c) | 49 App.:1808(c). | |
| 5121(d) | 49 App.:1808(d). | Jan. 3, 1975,
|
| 5121(e) | 49 App.:1808(e). | Jan. 3, 1975,
|
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.
The 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
2015-Subsec. (h).
2012-Subsec. (c)(1)(G).
Subsec. (c)(2).
Subsec. (e)(3).
Subsec. (g)(1).
2008-Subsec. (h)(2).
Subsec. (h)(3).
2005-Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
"(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).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (h)(4).
1994-Subsec. (c)(1)(A).
Subsec. (e).
Amendment by
Amendment by
"(a)
"(b)
"(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)
"(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)
"(a)
"(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)
"(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)
"(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."