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Title 49 — Transportation

Chapter 51 — Transportation of Hazardous Material

§ 5119. Uniform forms and procedures

Statutory text

(a)

Establishment of Working Group.—

The Secretary shall establish a working group of State and local government officials, including representatives of the National Governors’ Association, the National Association of Counties, the National League of Cities, the United States Conference of Mayors, the National Conference of State Legislatures, and the Alliance for Uniform Hazmat Transportation Procedures.

(b)

Purpose of Working Group.—

The purpose of the working group shall be to develop uniform forms and procedures for a State to register, and to issue permits to, persons that transport, or cause to be transported, hazardous material by motor vehicle in the State.

(c)

Limitation on Working Group.—

The working group may not propose to define or limit the amount of a fee a State may impose or collect.

(d)

Procedure.—

The Secretary shall develop a procedure for the working group to employ in developing recommendations for the Secretary to harmonize existing State registration and permit laws and regulations relating to the transportation of hazardous materials, with special attention paid to each State’s unique safety concerns and interest in maintaining strong hazmat safety standards.

(e)

Report of Working Group.—

Not later than 18 months after the date of enactment of this subsection, the working group shall transmit to the Secretary a report containing recommendations for establishing uniform forms and procedures described in subsection (b).

(f)

Regulations.—

Not later than 18 months after the date the working group’s report is delivered to the Secretary, the Secretary shall issue regulations to carry out such recommendations of the working group as the Secretary considers appropriate. In developing such regulations, the Secretary shall consider the State needs associated with the transition to and implementation of a uniform forms and procedures program.

(g)

Limitation on Statutory Construction.—

Nothing in this section shall be construed as prohibiting a State from voluntarily participating in a program of uniform forms and procedures until such time as the Secretary issues regulations under subsection (f).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–272 § 1(d) · 108 Stat. 745

    Enacted · 49 U.S.C. § 5119

    Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 777

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 777

    Enacted provision · exact public law section
    (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

  2. Pub. L. 104–287 § 5(9) · 110 Stat. 3388

    Substituted · 49 U.S.C. § 5119(b)(2)

    Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”

    Source evidence

    Code amendment note
    Subsec. (b)(2), Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.

    Enacted provision · exact public law section
    (9) In sections 5119(b)(2), 5309(g)(1)B) and (m)(3), 5328(b)(3), 5334(b)(1), 5335(b)-(d), 31134(c)(l)(B) and (C) and (2), 40112(e)(2), 41105(b), 41310(f), 41714(e)(2), 42104(b), 44506(d), 44913(a)(2), 47107(k), 48102(d)(2), and 48109, strike “Public Works and Transportation” and substitute “Transportation and Infrastructure”.

  3. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 title VII § 7116 · 119 Stat. 1144

    Amended · 49 U.S.C. § 5119

    Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to establishment of working group, consultation and reporting, regulations, and relationship to other laws

    Source evidence

    Code amendment note
    Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to establishment of working group, consultation and reporting, regulations, and relationship to other laws.

    Enacted provision · exact public law section
    SEC. 7116. UNIFORM FORMS AND PROCEDURES.   Section 5119 is amended to read as follows: “§ 5119. Uniform forms and procedures “(a) Establishment of Working Group.— The Secretary shall establish a working group of State and local government officials, including representatives of the National Governors’ Association, the National Association of Counties, the National League of Cities, the United States Conference of Mayors, the National Conference of State Legislatures, and the Alliance for Uniform Hazmat Transportation Procedures. “(b) Purpose of Working Group.— The purpose of the working group shall be to develop uniform forms and procedures for a State to register, and to issue permits to, persons that transport, or cause to be transported, hazardous material by motor vehicle in the State. “(c) Limitation on Working Group.— The working group may not propose to define or limit the amount of a fee a State may impose or collect. “(d) Procedure.— The Secretary shall develop a procedure for the working group to employ in developing recommendations for the Secretary to harmonize existing State registration and permit laws and regulations relating to the transportation of hazardous materials, with special attention paid to each State’s unique safety concerns and interest in maintaining strong hazmat safety standards. “(e) Report of Working Group.— Not later than 18 months after the date of enactment of this subsection, the working group shall transmit to the Secretary a report containing recommendations for establishing uniform forms and procedures described in subsection (b). “(f) Regulations.— Not later than 18 months after the date the working group’s report is delivered to the Secretary, the Secretary shall issue regulations to carry out such recommendations of the working group as the Secretary considers appropriate. In developing such regulations, the Secretary shall consider the State needs associated with the transition to and implementation of a uniform forms and procedures program. “(g) Limitation on Statutory Construction.— Nothing in this section shall be construed as prohibiting a State from voluntarily participating in a program of uniform forms and procedures until such time as the Secretary issues regulations under subsection (f).” .

3 of 3 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
5119(a)49 App.:1819(a).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 121(a)–(g); added Nov. 16, 1990, Pub. L. 101–615, § 22, 104 Stat. 3271; Oct. 24, 1992, Pub. L. 102–508, § 507, 106 Stat. 3312.
5119(b)49 App.:1819(b), (c).
5119(c)(1)49 App.:1819(d).
5119(c)(2)49 App.:1819(e).
5119(c)(3)49 App.:1819(f).
5119(d)49 App.:1819(g).

In subsection (a), before clause (1), the words “As soon as practicable after ” are omitted as obsolete.

In subsection (c)(1), the words “Subject to the provisions of this subsection” and “to the Secretary” are omitted as surplus.

Editorial Notes

References in Text

The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 109–59, which was approved .

Amendments1996–2005 · 2 rounds

2005

Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to establishment of working group, consultation and reporting, regulations, and relationship to other laws.

1996

Subsec. (b)(2), Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.

Credits

1994–2005 · 3 acts
  1. 1994Pub. L. 103–272, § 1(d), , 108 Stat. 777
  2. 1996Pub. L. 104–287, § 5(9), , 110 Stat. 3389
  3. 2005Pub. L. 109–59, title VII, § 7116, , 119 Stat. 1901.
Show as published

(Pub. L. 103–272, § 1(d), , 108 Stat. 777; Pub. L. 104–287, § 5(9), , 110 Stat. 3389; Pub. L. 109–59, title VII, § 7116, , 119 Stat. 1901.)

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