§ 5103. — General regulatory authority.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5103]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5103. General regulatory authority
(a) Designating Material as Hazardous.--The Secretary of
Transportation shall designate material (including an explosive,
radioactive material, etiologic agent, flammable or combustible liquid
or solid, poison, oxidizing or corrosive material, and compressed gas)
or a group or class of material as hazardous when the Secretary decides
that transporting the material in commerce in a particular amount and
form may pose an unreasonable risk to health and safety or property.
(b) Regulations for Safe Transportation.--(1) The Secretary shall
prescribe regulations for the safe transportation, including security,
of hazardous material in intrastate, interstate, and foreign commerce.
The regulations--
(A) apply to a person--
(i) transporting hazardous material in commerce;
(ii) causing hazardous material to be transported in
commerce; or
(iii) manufacturing, fabricating, marking, maintaining,
reconditioning, repairing, or testing a packaging or a container
that is represented, marked, certified, or sold by that person
as qualified for use in transporting hazardous material in
commerce; and
(B) shall govern safety aspects, including security, of the
transportation of hazardous material the Secretary considers
appropriate.
(C) Consultation.--When prescribing a security regulation or
issuing a security order that affects the safety of the
transportation of hazardous material, the Secretary of Homeland
Security shall consult with the Secretary.
(2) A proceeding to prescribe the regulations must be conducted
under section 553 of title 5, including an opportunity for informal oral
presentation.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103-
311, title I, Sec. 117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L.
103-429, Sec. 6(3), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 107-296,
title XVII, Sec. 1711(a), Nov. 25, 2002, 116 Stat. 2319.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5103(a)............................... 49 App.:1803. Jan. 3, 1975, Pub. L. 93-633, Sec.
104, 88 Stat. 2156.
5103(b)............................... 49 App.:1804(a) (1)-(3). Jan. 3, 1975, Pub. L. 93-633, Sec.
105(a)(1)-(3), 88 Stat. 2157; restated
Nov. 16, 1990, Pub. L. 101-615, Sec.
4, 104 Stat. 3247.
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In subsection (a), the words ``such quantity and form of material''
and ``in his discretion'' are omitted as surplus.
In subsection (b)(1), before clause (A), the words ``in accordance
with section 553 of title 5'' are omitted because 5:553 applies unless
otherwise stated. In clause (A)(i), the words ``hazardous material in
commerce'', and in clause (A)(ii), the words ``hazardous material . . .
in commerce'', are added for consistency in this chapter.
Pub. L. 103-429
This amends 49:5103(b)(2) to clarify the restatement of 49
App.:1804(a)(2) by section 1 of the Act of July 5, 1994 (Public Law 103-
272, 108 Stat. 761).
Amendments
2002--Subsec. (b)(1). Pub. L. 107-296, Sec. 1711(a)(1), substituted
``transportation, including security,'' for ``transportation'' in
introductory provisions.
Subsec. (b)(1)(B). Pub. L. 107-296, Sec. 1711(a)(2), substituted
``aspects, including security,'' for ``aspects''.
Subsec. (b)(1)(C). Pub. L. 107-296, Sec. 1711(a)(3), added subpar.
(C).
1994--Subsec. (b)(1)(A)(iii). Pub. L. 103-311 substituted ``a
packaging or a'' for ``a package or''.
Subsec. (b)(2). Pub. L. 103-429 substituted ``be conducted under
section 553 of title 5, including'' for ``include'' and ``presentation''
for ``presentations''.
Effective Date of 2002 Amendment
Amendment 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 Amendment
Amendment 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.
Safe Placement of Train Cars
Section 111 of Pub. L. 103-311 provided that: ``The Secretary of
Transportation shall conduct a study of existing practices regarding the
placement of cars on trains, with particular attention to the placement
of cars that carry hazardous materials. In conducting the study, the
Secretary shall consider whether such placement practices increase the
risk of derailment, hazardous materials spills, or tank ruptures or have
any other adverse effect on safety. The results of the study shall be
submitted to Congress within 1 year after the date of enactment of this
Act [Aug. 26, 1994].''
Fiber Drum Packaging
Pub. L. 104-88, title IV, Sec. 406, Dec. 29, 1995, 109 Stat. 957,
provided that:
``(a) In General.--In the administration of chapter 51 of title 49,
United States Code, the Secretary of Transportation shall issue a final
rule within 60 days after the date of the enactment of this Act [Dec.
29, 1995] authorizing the continued use of fiber drum packaging with a
removable head for the transportation of liquid hazardous materials with
respect to those liquid hazardous materials transported by such drums
pursuant to regulations in effect on September 30, 1991, if--
``(1) the packaging is in compliance with regulations of the
Secretary under the Hazardous Materials Transportation Act [former
49 U.S.C. 1801 et seq.] as in effect on September 30, 1991; and
``(2) the packaging will not be used for the transportation of
hazardous materials that include materials which are poisonous by
inhalation or materials in Packing Groups I and II.
``(b) Expiration.--The regulation referred to in subsection (a)
shall expire on the later of September 30, 1997, or the date on which
funds are authorized to be appropriated to carry out chapter 51 of title
49, United States Code (relating to transportation of hazardous
materials), for fiscal years beginning after September 30, 1997.
``(c) Study.--
``(1) In general.--Within 90 days after the date of the
enactment of this Act [Dec. 29, 1995], the Secretary shall contract
with the National Academy of Sciences to conduct a study--
``(A) to determine whether the requirements of section
5103(b) of title 49, United States Code (relating to regulations
for safe transportation), as they pertain to fiber drum
packaging with a removable head can be met for the
transportation of liquid hazardous materials (with respect to
those liquid hazardous materials transported by such drums
pursuant to regulations in effect on September 30, 1991) with
standards (including fiber drum industry standards set forth in
a June 8, 1992, exemption application submitted to the
Department of Transportation), other than the performance-
oriented packaging standards adopted under docket number HM-181
contained in part 178 of title 49, Code of Federal Regulations;
and
``(B) to determine whether a packaging standard (including
such fiber drum industry standards), other than such
performance-oriented packaging standards, will provide an equal
or greater level of safety for the transportation of liquid
hazardous materials than would be provided if such performance-
oriented packaging standards were in effect.
``(2) Completion.--The study shall be completed before March 1,
1997 and shall be transmitted to the Committee on Commerce, Science,
and Transportation of the Senate and the Transportation and
Infrastructure Committee of the House of Representatives.
``(d) Secretarial Action.--By September 30, 1997, the Secretary
shall issue final regulations to determine what standards should apply
to fiber drum packaging with a removable head for transportation of
liquid hazardous materials (with respect to those liquid hazardous
materials transported by such drums pursuant to regulations in effect on
September 30, 1991) after September 30, 1997. In issuing such
regulations, the Secretary shall give full and substantial consideration
to the results of the study conducted in subsection (c).''
Section 122 of Pub. L. 103-311 provided that:
``(a) Initiation of Rulemaking Proceeding.--Not later than the 60th
day following the date of enactment of this Act [Aug. 26, 1994], the
Secretary of Transportation shall initiate a rulemaking proceeding to
determine whether the requirements of section 5103(b) of title 49,
United States Code (relating to regulations for safe transportation), as
they pertain to open head fiber drum packaging can be met for the
domestic transportation of liquid hazardous materials (with respect to
those classifications of liquid hazardous materials transported by such
drums pursuant to regulations in effect on September 30, 1991) with
standards other than the performance-oriented packaging standards
adopted under docket number HM-181 contained in part 178 of title 49,
Code of Federal Regulations.
``(b) Issuance of Standards.--If the Secretary of Transportation
determines, as a result of the rulemaking proceeding initiated under
subsection (a), that a packaging standard other than the performance-
oriented packaging standards referred to in subsection (a) will provide
an equal or greater level of safety for the domestic transportation of
liquid hazardous materials than would be provided if such performance-
oriented packaging standards were in effect, the Secretary shall issue
regulations which implement such other standard and which take effect
before October 1, 1996.
``(c) Completion of Rulemaking Proceeding.--The rulemaking
proceeding initiated under subsection (a) shall be completed before
October 1, 1995.
``(d) Limitations.--
``(1) The provisions of subsections (a), (b), and (c) shall not
apply to packaging for those hazardous materials regulated by the
Department of Transportation as poisonous by inhalation under
chapter 51 of title 49, United States Code.
``(2) Nothing in this section shall be construed to prohibit the
Secretary of Transportation from issuing or enforcing regulations
for the international transportation of hazardous materials.''
Section Referred to in Other Sections
This section is referred to in sections 5102, 5117, 5120, 5125,
31101, 31132, 31136, 31301, 31310, 40113 of this title; title 8 section
1288; title 46 section 2101.
