§ 5105. — Transporting certain highly radioactive material.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5105]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5105. Transporting certain highly radioactive material
(a) Definitions.--In this section, ``high-level radioactive waste''
and ``spent nuclear fuel'' have the same meanings given those terms in
section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(b) Transportation Safety Study.--In consultation with the Secretary
of Energy, the Nuclear Regulatory Commission, potentially affected
States and Indian tribes, representatives of the rail transportation
industry, and shippers of high-level radioactive waste and spent nuclear
fuel, the Secretary of Transportation 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 of Transportation 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 of Transportation 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) Routes and Modes Study.--Not later than November 16, 1991, the
Secretary of Transportation shall conduct a study 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.
The study shall include--
(1) notice and opportunity for public comment; and
(2) an assessment of the degree to which at least the following
affect the overall public safety of the transportation:
(A) population densities.
(B) types and conditions of modal infrastructures (including
highways, railbeds, and waterways).
(C) quantities of high-level radioactive waste and spent
nuclear fuel.
(D) emergency response capabilities.
(E) exposure and other risk factors.
(F) terrain considerations.
(G) continuity of routes.
(H) available alternative routes.
(I) environmental impact factors.
(e) Inspections of Motor Vehicles Transporting Certain Material.--
(1) Not later than November 16, 1991, the Secretary of Transportation
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 of Transportation 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, Sec. 1(d), July 5, 1994, 108 Stat. 762.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5105(a)............................... 49 App.:1813(e). Jan. 3, 1975, Pub. L. 93-633, 88 Stat.
2156, Sec. 116(e); added Oct. 24,
1992, Pub. L. 102-508, Sec. 505(2),
106 Stat. 3311.
49 App.:1813 (note). Nov. 16, 1990, Pub. L. 101-615, Sec.
16(e), 104 Stat. 3263.
5105(b)............................... 49 App.:1813(a). Jan. 3, 1975, Pub. L. 93-633, 88 Stat.
2156, Sec. 116(a)-(d); added Oct. 30,
1984, Pub. L. 98-559, Sec. 3, 98
Stat. 2907; restated Nov. 16, 1990,
Pub. L. 101-615, Sec. 15, 104 Stat.
3261; Oct. 24, 1992, Pub. L. 102-508,
Sec. 505(1), 106 Stat. 3311.
5105(c)............................... 49 App.:1813(b).
5105(d)............................... 49 App.:1813(c).
5105(e)............................... 49 App.:1813(d).
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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.
Section Referred to in Other Sections
This section is referred to in section 5118 of this title.
