§ 5121. Administrative

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. 1994

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

   Enacted · 49 U.S.C. § 5121

   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 779

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 779

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

2. 1994

   Pub. L. 103–311 § 117(a)(2) · 108 Stat. 1673

   Substituted · 49 U.S.C. § 5121(c)(1)(A)

   Pub. L. 103–311, § 117(a)(2), substituted “a packaging or a” for “a package or”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(A). Pub. L. 103–311, § 117(a)(2), substituted “a packaging or a” for “a package or”.

   Enacted provision · exact public law section
   (2) Sections 5103(b)(1)(A)(iii), 5121(c)(1)(A), 5125(b)(1)(E), and 5126(a) are each amended by striking “a package or” and inserting “a packaging or a”.

3. 1994

   Pub. L. 103–311 § 108 · 108 Stat. 1673

   1. Substituted · 49 U.S.C. § 5121(e)

      Pub. L. 103–311, § 108, substituted “Report” for “Annual Report” in heading

   2. Substituted · 49 U.S.C. § 5121(e)

      Pub. L. 103–311, § 108, substituted first sentence for former first sentence which read as follows: “The Secretary shall submit to the President, for submission to Congress, not later than June 15th of each year, a report about the transportation of hazardous material during the prior calendar year.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–311, § 108, substituted “Report” for “Annual Report” in heading and substituted first sentence for former first sentence which read as follows: “The Secretary shall submit to the President, for submission to Congress, not later than June 15th of each year, a report about the transportation of hazardous material during the prior calendar year.”

   Enacted provision · exact public law section
   SEC. 108. ANNUAL REPORT. Section 5121(e) (relating to annual report) is amended— (1) by striking “Annual” in the subsection heading, and (2) by striking the first sentence and inserting the following: “The Secretary shall, once every 2 years, prepare and submit to the President for transmittal to the Congress a comprehensive report on the transportation of hazardous materials during the preceding 2 calendar years.”.

4. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7126 · 119 Stat. 1144

   Substituted · 49 U.S.C. § 5121(a)

   Pub. L. 109–59, § 7126, substituted “Secretary may investigate” for “Secretary of Transportation may investigate”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–59, § 7126, substituted “Secretary may investigate” for “Secretary of Transportation may investigate”.

   Enacted provision · exact public law section
   SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

5. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7118(a) · 119 Stat. 1144

   1. Inserted · 49 U.S.C. § 5121(a)

      Pub. L. 109–59, § 7118(a), inserted “conduct tests,” after “investigate,”

   2. Substituted · 49 U.S.C. § 5121(a)

      Pub. L. 109–59, § 7118(a), substituted “Except as provided in subsections (c) and (d), after” for “After”

   3. Substituted · 49 U.S.C. § 5121(a)

      Pub. L. 109–59, § 7118(a), substituted “regulation prescribed, or an order, special permit, or approval issued,” for “regulation prescribed”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–59, § 7118(a), inserted “conduct tests,” after “investigate,” and substituted “Except as provided in subsections (c) and (d), after” for “After” and “regulation prescribed, or an order, special permit, or approval issued,” for “regulation prescribed”.

   Enacted provision · exact public law section
   (a) General Authority.— Section 5121(a) is amended— (1) in the first sentence by inserting “conduct tests,” after “investigate,”; (2) in the second sentence by striking “After” and inserting “Except as provided in subsections (c) and (d), after”; and (3) by striking “regulation prescribed” and inserting “regulation prescribed, or an order, special permit, or approval issued,”.

6. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7118(b)(1) · 119 Stat. 1144

   Inserted · 49 U.S.C. § 5121(b)(1)

   Pub. L. 109–59, § 7118(b)(1), inserted “and property” after “records”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 109–59, § 7118(b)(1), inserted “and property” after “records”.

   Enacted provision · exact public law section
   (1) in paragraph (1) by inserting “and property” after “records”; and

7. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7118(b)(2) · 119 Stat. 1144

   1. Inserted · 49 U.S.C. § 5121(b)(2)

      Pub. L. 109–59, § 7118(b)(2), inserted “property,” after “records,” and “for inspection” after “available”

   2. Substituted · 49 U.S.C. § 5121(b)(2)

      Pub. L. 109–59, § 7118(b)(2), substituted “undertakes an investigation or makes a request” for “requests”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 109–59, § 7118(b)(2), inserted “property,” after “records,” and “for inspection” after “available” and substituted “undertakes an investigation or makes a request” for “requests”.

   Enacted provision · exact public law section
   (2) in paragraph (2)— (A) by inserting “property,” after “records,”; (B) by inserting “for inspection” after “available”; and (C) by striking “requests” and inserting “undertakes an investigation or makes a request”.

8. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7118(c) · 119 Stat. 1144

   Amended · 49 U.S.C. § 5121(c)

   Pub. L. 109–59, § 7118(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–59, § 7118(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:

   “(1) The Secretary may authorize an officer, employee, or agent to inspect, at a reasonable time and in a reasonable way, records and property related to— “(A) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, testing, or distributing a packaging or a container for use by a person in transporting hazardous material in commerce; or “(B) the transportation of hazardous material in commerce. “(2) An officer, employee, or agent under this subsection shall display proper credentials when requested.”

   Enacted provision · exact public law section
   (c) Enhanced Authority to Discover Hidden Shipments of Hazardous Material.— Section 5121(c) is amended to read as follows: “(c) Inspections and Investigations.— “(1) In general.— A designated officer, employee, or agent of the Secretary— “(A) may inspect and investigate, at a reasonable time and in a reasonable manner, records and property relating to a function described in section 5103(b)(1); “(B) except in the case of packaging immediately adjacent to its hazardous material contents, may gain access to, open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package may contain a hazardous material; “(C) may remove from transportation a package or related packages in a shipment offered for or in transportation for which— “(i) such officer, employee, or agent has an objectively reasonable and articulable belief that the package may pose an imminent hazard; and “(ii) such officer, employee, or agent contemporaneously documents such belief in accordance with procedures set forth in guidance or regulations prescribed under subsection (e); “(D) may gather information from the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package, to ascertain the nature and hazards of the contents of the package; “(E) as necessary, under terms and conditions specified by the Secretary, may order the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package to have the package transported to, opened, and the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis; and “(F) when safety might otherwise be compromised, may authorize properly qualified personnel to assist in the activities conducted under this subsection. “(2) Display of credentials.— An officer, employee, or agent acting under this subsection shall display proper credentials when requested. “(3) Safe resumption of transportation.— In instances when, as a result of an inspection or investigation under this subsection, an imminent hazard is not found to exist, the Secretary, in accordance with procedures set forth in regulations prescribed under subsection (e), shall assist— “(A) in the safe and prompt resumption of transportation of the package concerned; or “(B) in any case in which the hazardous material being transported is perishable, in the safe and expeditious resumption of transportation of the perishable hazardous material.” .

9. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7118(d) · 119 Stat. 1144

   Redesignated · 49 U.S.C. § 5121(d); 49 U.S.C. § 5121(e)

   Pub. L. 109–59, § 7118(d), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (h), respectively

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 109–59, § 7118(d), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (h), respectively.

   Enacted provision · exact public law section
   (d) Emergency Authority for Hazardous Material Transportation.— Section 5121 is amended— (1) by redesignating subsections (d) and (e) as subsections (f) and (h), respectively; and (2) by inserting after subsection (c) the following: “(d) Emergency Orders.— “(1) In general.— If, upon inspection, investigation, testing, or research, the Secretary determines that a violation of a provision of this chapter, or a regulation prescribed under this chapter, or an unsafe condition or practice, constitutes or is causing an imminent hazard, the Secretary may issue or impose emergency restrictions, prohibitions, recalls, or out-of-service orders, without notice or an opportunity for a hearing, but only to the extent necessary to abate the imminent hazard. “(2) Written orders.— The action of the Secretary under paragraph (1) shall be in a written emergency order that— “(A) describes the violation, condition, or practice that constitutes or is causing the imminent hazard; “(B) states the restrictions, prohibitions, recalls, or out-of-service orders issued or imposed; and “(C) describes the standards and procedures for obtaining relief from the order. “(3) Opportunity for review.— After taking action under paragraph (1), the Secretary shall provide for review of the action under section 554 of title 5 if a petition for review is filed within 20 calendar days of the date of issuance of the order for the action. “(4) Expiration of effectiveness of order.— If a petition for review of an action is filed under paragraph (3) and the review under that paragraph is not completed by the end of the 30-day period beginning on the date the petition is filed, the action shall cease to be effective at the end of such period unless the Secretary determines, in writing, that the imminent hazard providing a basis for the action continues to exist. “(5) Out-of-service order defined.— In this subsection, the term ‘out-of-service order’ means a requirement that an aircraft, vessel, motor vehicle, train, railcar, locomotive, other vehicle, transport unit, transport vehicle, freight container, potable tank, or other package not be moved until specified conditions have been met. “(e) Regulations.— “(1) Temporary regulations.— Not later than 60 days after the date of enactment of the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, the Secretary shall issue temporary regulations to carry out subsections (c) and (d). The temporary regulations shall expire on the date of issuance of the regulations under paragraph (2). “(2) Final regulations.— Not later than 1 year after such date of enactment, the Secretary shall issue regulations to carry out subsections (c) and (d) in accordance with subchapter II of chapter 5 of title 5.” .

10. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7118(d)(1) · 119 Stat. 1144

    Redesignated · 49 U.S.C. § 5121(f)

    Pub. L. 109–59, § 7118(d)(1), redesignated subsec. (d) as (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–59, § 7118(d)(1), redesignated subsec. (d) as (f).

    Enacted provision · exact public law section
    (1) by redesignating subsections (d) and (e) as subsections (f) and (h), respectively; and

11. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7118(e) · 119 Stat. 1144

    Added · 49 U.S.C. § 5121(g)

    Pub. L. 109–59, § 7118(e), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 109–59, § 7118(e), added subsec. (g).

    Enacted provision · exact public law section
    (e) Grants and Cooperative Agreements.— Section 5121 is amended by inserting after subsection (f) (as redesignated by subsection (d)(1) of this section) the following: “(g) Grants and Cooperative Agreements.— The Secretary may enter into grants and cooperative agreements with a person, agency, or instrumentality of the United States, a unit of State or local government, an Indian tribe, a foreign government (in coordination with the Department of State), an educational institution, or other appropriate entity— “(1) to expand risk assessment and emergency response capabilities with respect to the security of transportation of hazardous material; “(2) to enhance emergency communications capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies where appropriate; “(3) to conduct research, development, demonstration, risk assessment, and emergency response planning and training activities; or “(4) to otherwise carry out this chapter.” .

12. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7118(f)(1) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5121(h)

    Pub. L. 109–59, § 7118(f)(1), substituted “transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” for “submit to the President for transmittal to the Congress” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 109–59, § 7118(f)(1), substituted “transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” for “submit to the President for transmittal to the Congress” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1) by striking “submit to the President for transmittal to the Congress” and inserting “transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate”; and

13. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7118(d)(1) · 119 Stat. 1144

    Redesignated · 49 U.S.C. § 5121(h)

    Pub. L. 109–59, § 7118(d)(1), redesignated subsec. (e) as (h)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–59, § 7118(d)(1), redesignated subsec. (e) as (h).

    Enacted provision · exact public law section
    (1) by redesignating subsections (d) and (e) as subsections (f) and (h), respectively; and

14. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7118(f)(2) · 119 Stat. 1144

    Inserted · 49 U.S.C. § 5121(h)(4)

    Pub. L. 109–59, § 7118(f)(2), inserted “relating to a function regulated by the Secretary under section 5103(b)(1)” after “activities”

    Source evidence

    Code amendment note
    Subsec. (h)(4). Pub. L. 109–59, § 7118(f)(2), inserted “relating to a function regulated by the Secretary under section 5103(b)(1)” after “activities”.

    Enacted provision · exact public law section
    (2) in paragraph (4) by inserting “relating to a function regulated by the Secretary under section 5103(b)(1)” after “activities”.

15. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 § 302(e)(1) · 122 Stat. 1572

    Substituted · 49 U.S.C. § 5121(h)(2)

    Pub. L. 110–244, § 302(e)(1), substituted “special permits” for “exemptions”

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 110–244, § 302(e)(1), substituted “special permits” for “exemptions”.

    Enacted provision · exact public law section
    (1) in paragraph (2) by striking “exemptions” and inserting “special permits”; and

16. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 § 302(e)(2) · 122 Stat. 1572

    Substituted · 49 U.S.C. § 5121(h)(3)

    Pub. L. 110–244, § 302(e)(2), substituted “special permit” for “exemption”

    Source evidence

    Code amendment note
    Subsec. (h)(3). Pub. L. 110–244, § 302(e)(2), substituted “special permit” for “exemption”.

    Enacted provision · exact public law section
    (2) in paragraph (3) by striking “exemption” and inserting “special permit”.

17. 2012

    Hazardous Materials Transportation Safety Improvement Act of 2012

    Pub. L. 112–141 § 33009(a) · 126 Stat. 405

    Added · 49 U.S.C. § 5121(c)(1)(G)

    Pub. L. 112–141, § 33009(a), added subpar. (G)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(G). Pub. L. 112–141, § 33009(a), added subpar. (G).

    Enacted provision · exact public law section
    (a) Notice of Enforcement Measures.— Section 5121(c)(1) is amended— (1) in subparagraph (E), by striking “and” at the end; (2) in subparagraph (F), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(G) shall provide to the affected offeror, carrier, packaging manufacturer or tester, or other person responsible for the package reasonable notice of— “(i) his or her decision to exercise his or her authority under paragraph (1); “(ii) any findings made; and “(iii) any actions being taken as a result of a finding of noncompliance.” .

18. 2012

    Commercial Motor Vehicle Safety Enhancement Act of 2012

    Pub. L. 112–141 § 32501(c) · 126 Stat. 405

    Inserted · 49 U.S.C. § 5121(c)(2)

    Pub. L. 112–141, § 32501(c), inserted “, in person or in writing,” after “proper credentials”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 112–141, § 32501(c), inserted “, in person or in writing,” after “proper credentials”.

    Enacted provision · exact public law section
    (c) Hazardous Materials Investigations.— Section 5121(c)(2) is amended by inserting “, in person or in writing,” after “proper credentials”.

19. 2012

    Hazardous Materials Transportation Safety Improvement Act of 2012

    Pub. L. 112–141 § 33009(b)(1) · 126 Stat. 405

    Added · 49 U.S.C. § 5121(e)(3)

    Pub. L. 112–141, § 33009(b)(1), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 112–141, § 33009(b)(1), added par. (3).

    Enacted provision · exact public law section
    (1) Matters to be addressed.— Section 5121(e) is amended by adding at the end the following: “(3) Matters to be addressed.— The regulations issued under this subsection shall address— “(A) the safe and expeditious resumption of transportation of perishable hazardous material, including radiopharmaceuticals and other medical products, that may require timely delivery due to life-threatening situations; “(B) the means by which— “(i) noncompliant packages that present an imminent hazard are placed out-of-service until the condition is corrected; and “(ii) noncompliant packages that do not present a hazard are moved to their final destination; “(C) appropriate training and equipment for inspectors; and “(D) the proper closure of packaging in accordance with the hazardous material regulations.” .

20. 2012

    Hazardous Materials Transportation Safety Improvement Act of 2012

    Pub. L. 112–141 § 33009(c) · 126 Stat. 405

    Inserted · 49 U.S.C. § 5121(g)(1)

    Pub. L. 112–141, § 33009(c), inserted “safety and” before “security”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 112–141, § 33009(c), inserted “safety and” before “security”.

    Enacted provision · exact public law section
    (c) Grants and Cooperative Agreements.— Section 5121(g)(1) is amended by inserting “safety and” before “security”.

21. 2015

    Hazardous Materials Transportation Safety Improvement Act of 2015

    Pub. L. 114–94 div. A title VII § 7205 · 129 Stat. 1312

    Substituted · 49 U.S.C. § 5121(h)

    Pub. L. 114–94 substituted “make available to the public on the Department of Transportation’s Internet Web site” for “transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 114–94 substituted “make available to the public on the Department of Transportation’s Internet Web site” for “transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 7205. ENHANCED REPORTING.   Section 5121(h) of title 49, United States Code, is amended by striking “transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” and inserting “make available to the public on the Department of Transportation’s Internet Web site”.

    Effective date note
    Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

25 of 25 references resolved to an enrolled provision