Historical and Revision Notes | ||
|---|---|---|
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
5110(a) | 49 App.:1804(g)(1) (1st sentence words before “for the carrier”). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 105(g); added Nov. 16, 1990, Pub. L. 101–615, § 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). | |
In subsection (c)(1), the words “A motor carrier” are substituted for “the carrier” for clarity.
2008—Subsec. (d)(1). Pub. L. 110–244, § 302(i)(2), substituted “offeror’s” for “shipper’s”.
Pub. L. 110–244, § 302(i)(1), which directed substitution of “Offerors” for “Shippers” “in the subsection heading”, was executed by making the substitution in par. (1) heading to reflect the probable intent of Congress.
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary apply” for “Secretary of Transportation apply”.
Pub. L. 109–59, § 7110(a)(1), substituted “in regulations” for “under subsection (b) of this section”.
Subsecs. (b), (c). Pub. L. 109–59, § 7110(a)(2), (3), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to considerations and requirements in carrying out subsec. (a).
Subsec. (d). Pub. L. 109–59, § 7110(b), reenacted heading without change and amended text of subsec. (d) generally. Prior to amendment, text read as follows: “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. 109–59, § 7110(a)(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 109–59, § 7110(a)(3), redesignated subsec. (e) as (d).
1994—Subsec. (e). Pub. L. 103–311 added subsec. (e).
Pub. L. 101–615, § 25, “(a) “(1) 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 [“(2) 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) 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) Not later than 19 months after the date of the enactment of this Act [“(5) 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) “(1) Not later than 30 days after the date of the enactment of this Act [“(2) 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) 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 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) “(1) Not later than 25 months after the date of the enactment of this Act [“(2) 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) 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.”
Pub. L. 101–615, § 26, “(a) Not later than 90 days after the date of the enactment of this Act [“(b) Not later than 30 months after the date of the enactment of this Act [