§ 5110. — Shipping papers and disclosure.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5110]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5110. Shipping papers and disclosure
(a) Providing Shipping Papers.--Each person offering for
transportation in commerce hazardous material to which the shipping
paper requirements of the Secretary of Transportation apply shall
provide to the carrier providing the transportation a shipping paper
that makes the disclosures the Secretary prescribes under subsection (b)
of this section.
(b) Considerations and Requirements.--In carrying out subsection (a)
of this section, the Secretary shall consider and may require--
(1) a description of the hazardous material, including the
proper shipping name;
(2) the hazard class of the hazardous material;
(3) the identification number (UN/NA) of the hazardous material;
(4) immediate first action emergency response information or a
way for appropriate reference to the information (that must be
available immediately); and
(5) a telephone number for obtaining more specific handling and
mitigation information about the hazardous material at any time
during which the material is transported.
(c) Keeping Shipping Papers on the Vehicle.--(1) A motor carrier,
and the person offering the hazardous material for transportation if a
private motor carrier, shall keep the shipping paper on the vehicle
transporting the material.
(2) Except as provided in paragraph (1) of this subsection, the
shipping paper shall be kept in a location the Secretary specifies in a
motor vehicle, train, vessel, aircraft, or facility until--
(A) the hazardous material no longer is in transportation; or
(B) the documents are made available to a representative of a
department, agency, or instrumentality of the United States
Government or a State or local authority responding to an accident
or incident involving the motor vehicle, train, vessel, aircraft, or
facility.
(d) Disclosure to Emergency Response Authorities.--When an incident
involving hazardous material being transported in commerce occurs, the
person transporting the material, immediately on request of appropriate
emergency response authorities, shall disclose to the authorities
information about the material.
(e) Retention of Papers.--After the hazardous material to which a
shipping paper provided to a carrier under subsection (a) applies is no
longer in transportation, the person who provided the shipping paper and
the carrier required to maintain it under subsection (a) shall retain
the paper or electronic image thereof for a period of 1 year to be
accessible through their respective principal places of business. Such
person and carrier shall, upon request, make the shipping paper
available to a Federal, State, or local government agency at reasonable
times and locations.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 768; Pub. L. 103-
311, title I, Sec. 115, Aug. 26, 1994, 108 Stat. 1678.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5110(a)............................... 49 App.:1804(g)(1) (1st Jan. 3, 1975, Pub. L. 93-633, 88 Stat.
sentence words before ``for 2156, Sec. 105(g); added Nov. 16,
the carrier''). 1990, Pub. L. 101-615, Sec. 6, 104
Stat. 3253.
5110(b)............................... 49 App.:1804(g)(2).
5110(c)............................... 49 App.:1804(g)(1) (1st
sentence words after
``paragraph (2)'', last
sentence), (3).
5110(d)............................... 49 App.:1804(g)(4).
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In subsection (c)(1), the words ``A motor carrier'' are substituted
for ``the carrier'' for clarity.
Amendments
1994--Subsec. (e). Pub. L. 103-311 added subsec. (e).
Improvements to Hazardous Materials Identification Systems
Pub. L. 101-615, Sec. 25, Nov. 16, 1990, 104 Stat. 3273, provided
that:
``(a) Rulemaking Proceeding.--
``(1) Initiation.--In order to develop methods of improving the
current system of identifying hazardous materials being transported
in vehicles for safeguarding the health and safety of persons
responding to emergencies involving such hazardous materials and the
public and to facilitate the review and reporting process required
by subsection (d), the Secretary of Transportation shall initiate a
rulemaking proceeding not later than 30 days after the date of the
enactment of this Act [Nov. 16, 1990].
``(2) Primary purposes.--The primary purposes of the rulemaking
proceeding initiated under this subsection are--
``(A) to determine methods of improving the current system
of placarding vehicles transporting hazardous materials; and
``(B) to determine methods for establishing and operating a
central reporting system and computerized telecommunications
data center described in subsection (b)(1).
``(3) Methods of improving placarding system.--The methods of
improving the current system of placarding to be considered under
the rulemaking proceeding initiated under this subsection shall
include methods to make such placards more visible, methods to
reduce the number of improper and missing placards, alternative
methods of marking vehicles for the purpose of identifying the
hazardous materials being transported, methods of modifying the
composition of placards in order to ensure their resistance to
flammability, methods of improving the coding system used with
respect to such placards, identification of appropriate emergency
response procedures through symbols on placards, and whether or not
telephone numbers of any continually monitored telephone systems
which are established under the Hazardous Materials Transportation
Act [see 49 U.S.C. 5101 et seq.] are displayed on vehicles
transporting hazardous materials.
``(4) Completion of rulemaking proceeding with respect to
reporting system and data center.--Not later than 19 months after
the date of the enactment of this Act [Nov. 16, 1990], the Secretary
of Transportation shall complete the rulemaking proceeding initiated
with respect to the central reporting system and computerized
telecommunications data center described in subsection (b).
``(5) Final rule with respect to placarding.--Not later than 30
months after the date of the enactment of this Act, the Secretary of
Transportation shall issue a final rule relating to improving the
current system for placarding vehicles transporting hazardous
materials.
``(b) Central Reporting System and Computerized Telecommunications
Data Center Study.--
``(1) Arrangements with national academy of sciences.--Not later
than 30 days after the date of the enactment of this Act [Nov. 16,
1990], the Secretary of Transportation shall undertake to enter into
appropriate arrangements with the National Academy of Sciences to
conduct a study of the feasibility and necessity of establishing and
operating a central reporting system and computerized
telecommunications data center that is capable of receiving,
storing, and retrieving data concerning all daily shipments of
hazardous materials, that can identify hazardous materials being
transported by any mode of transportation, and that can provide
information to facilitate responses to accidents and incidents
involving the transportation of hazardous materials.
``(2) Consultation and report.--In entering into any
arrangements with the National Academy of Sciences for conducting
the study under this section, the Secretary of Transportation shall
request the National Academy of Sciences--
``(A) to consult with the Department of Transportation, the
Department of Health and Human Services, the Environmental
Protection Agency, the Federal Emergency Management Agency, and
the Occupational Safety and Health Administration, shippers and
carriers of hazardous materials, manufacturers of computerized
telecommunications systems, State and local emergency
preparedness organizations (including law enforcement and
firefighting organizations), and appropriate international
organizations in conducting such study; and
``(B) to submit, not later than 19 months after the date of
the enactment of this Act, to the Secretary, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committees on Energy and Commerce and Public Works and
Transportation of the House of Representatives a report on the
results of such study.
Such report shall include recommendations of the National Academy of
Sciences with respect to establishment and operation of a central
reporting system and computerized telecommunications data center
described in paragraph (1).
``(3) Authorization of appropriation.--In addition to amounts
authorized under section 115 of the Hazardous Materials
Transportation Act [see 49 U.S.C. 5127(a)], there is authorized to
be appropriated to the Secretary of Transportation to carry out this
subsection $350,000.
``(c) Additional Purposes of Rulemaking Proceeding and Study.--
Additional purposes of the rulemaking proceeding initiated under
subsection (a) with respect to a central reporting system and
computerized telecommunications data center described in subsection (b)
and the study conducted under subsection (b) are--
``(1) to determine whether such a system and center should be
established and operated by the United States Government or by a
private entity, either on its own initiative or under contract with
the United States;
``(2) to determine, on an annualized basis, the estimated cost
for establishing, operating, and maintaining such a system and
center and for carrier and shipper compliance with such a system;
``(3) to determine methods for financing the cost of
establishing, operating, and maintaining such a system and center;
``(4) to determine projected safety benefits of establishing and
operating such a system and center;
``(5) to determine whether or not shippers, carriers, and
handlers of hazardous materials, in addition to law enforcement
officials and persons responsible for responding to emergencies
involving hazardous materials, should have access to such system for
obtaining information concerning shipments of hazardous materials
and technical and other information and advice with respect to such
emergencies;
``(6) to determine methods for ensuring the security of the
information and data stored in such a system;
``(7) to determine types of hazardous materials and types of
shipments for which information and data should be stored in such a
system;
``(8) to determine the degree of liability of the operator of
such a system and center for providing incorrect, false, or
misleading information;
``(9) to determine deadlines by which shippers, carriers, and
handlers of hazardous materials should be required to submit
information to the operator of such a system and center and minimum
standards relating to the form and contents of such information;
``(10) to determine measures (including the imposition of civil
and criminal penalties) for ensuring compliance with the deadlines
and standards referred to in paragraph (9); and
``(11) to determine methods for accessing such a system through
mobile satellite service or other technologies having the capability
to provide 2-way voice, data, or facsimile services.
``(d) Review and Report to Congress.--
``(1) In general.--Not later than 25 months after the date of
the enactment of this Act [Nov. 16, 1990], the Secretary of
Transportation shall review the report of the National Academy of
Sciences submitted under subsection (b) and the results of
rulemaking proceeding initiated under subsection (a) with respect to
a central reporting system and computerized telecommunications data
center and shall prepare and submit to Congress a report summarizing
the report of the National Academy of Sciences and the results of
such rulemaking proceeding, together with the Secretary's
recommendations concerning the establishment and operation of such a
system and center and the Secretary's recommendations concerning
implementation of the recommendations contained in the report of the
National Academy of Sciences.
``(2) Weight to be given to recommendations of nas.--In
conducting the review and preparing the report under this
subsection, the Secretary shall give substantial weight to the
recommendations contained in the report of the National Academy of
Sciences submitted under subsection (b).
``(3) Inclusion of reasons for not following recommendations.--
If the Secretary does not include in the report prepared for
submission to Congress under this subsection a recommendation for
implementation of a recommendation contained in the report of the
National Academy of Sciences submitted under subsection (b), the
Secretary shall include in the report to Congress under this
subsection the Secretary's reasons for not recommending
implementation of the recommendation of the National Academy of
Sciences.''
Continually Monitored Telephone Systems
Pub. L. 101-615, Sec. 26, Nov. 16, 1990, 104 Stat. 3273, provided
that:
``(a) Rulemaking Proceeding.--Not later than 90 days after the date
of the enactment of this Act [Nov. 16, 1990], the Secretary of
Transportation shall initiate a rulemaking proceeding on the
feasibility, necessity, and safety benefits of requiring carriers
involved in the hazardous materials transportation industry to establish
continually monitored telephone systems equipped to provide emergency
response information and assistance with respect to accidents and
incidents involving hazardous materials. Additional objectives of such
proceeding shall be to determine which hazardous materials, if any,
should be covered by such a requirement and which segments of such
industry (including persons who own and operate motor vehicles, trains,
vessels, aircraft, and in-transit storage facilities) should be covered
by such a requirement.
``(b) Completion of Proceeding.--Not later than 30 months after the
date of the enactment of this Act [Nov. 16, 1990], the Secretary of
Transportation shall complete the proceeding under this section and may
issue a final rule relating to establishment of continually monitored
telephone systems described in subsection (a).''
Section Referred to in Other Sections
This section is referred to in sections 5117, 5120, 5125 of this
title; title 8 section 1288.
