§ 5125. Preemption

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. § 5125

   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781

   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. § 5125(b)(1)(E)

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

   Source evidence

   Code amendment note
   Subsec. (b)(1)(E). 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 § 120(b) · 108 Stat. 1673

   Inserted · 49 U.S.C. § 5125(d)

   Pub. L. 103–311, § 120(b), inserted after second sentence “The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary’s decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–311, § 120(b), inserted after second sentence “The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary’s decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made.”

   Enacted provision · exact public law section
   (b) Decisions on Preemption.— Section 5125(d) (relating to decisions on preemption) is amended by inserting immediately after the second sentence the following: “The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary’s decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made.”.

4. 1994

   Pub. L. 103–311 § 107 · 108 Stat. 1673

   1. Amended · 49 U.S.C. § 5125(g)

      Pub. L. 103–311, § 107, designated existing provisions as par. (1)

   2. Added · 49 U.S.C. § 5125(g)

      Pub. L. 103–311, § 107, added par. (2)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 103–311, § 107, designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   SEC. 107. DISCLOSURE OF FEES LEVIED BY STATES, POLITICAL SUBDIVISIONS, AND INDIAN TRIBES. Section 5125(g) (relating to fees) is amended— (1) by inserting “(1)” after “(g) FEES.—”; and (2) by adding at the end the following: “(2) A State or political subdivision thereof or Indian tribe Reports. that levies a fee in connection with the transportation of hazardous materials shall, upon the Secretary’s request, report to the Secretary on— “(A) the basis on which the fee is levied upon persons involved in such transportation; “(B) the purposes for which the revenues from the fee are used; “(C) the annual total amount of the revenues collected from the fee; and “(D) such other matters as the Secretary requests.”.

5. 1994

   Pub. L. 103–429 § 6(6) · 108 Stat. 4377

   Inserted · 49 U.S.C. § 5125(a); 49 U.S.C. § 5125(b)(1)

   Pub. L. 103–429 inserted “and unless authorized by another law of the United States” after “section” in introductory provisions

   Source evidence

   Code amendment note
   Subsecs. (a), (b)(1). Pub. L. 103–429 inserted “and unless authorized by another law of the United States” after “section” in introductory provisions.

   Enacted provision · exact public law section
   (6) In section 5125(a) and (b)(1), insert “and unless authorized by another law of the United States” after “section”.

6. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title XVII § 1711(b) · 116 Stat. 2135

   Substituted · 49 U.S.C. § 5125(a); 49 U.S.C. § 5125(b)(1)

   Pub. L. 107–296 substituted “chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security” for “chapter or a regulation prescribed under this chapter” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a), (b)(1). Pub. L. 107–296 substituted “chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security” for “chapter or a regulation prescribed under this chapter” wherever appearing.

   Enacted provision · exact public law section
   (b) Preemption.— Section 5125 of that title is amended— (1) by striking “chapter or a regulation prescribed under this chapter” in subsection (a)(1) and inserting “chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security”; (2) by striking “chapter or a regulation prescribed under this chapter.” in subsection (a)(2) and inserting “chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security.”; and (3) by striking “chapter or a regulation prescribed under this chapter,” in subsection (b)(1) and inserting “chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security,”.

7. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7122(a)(1) · 119 Stat. 1144

   1. Added · 49 U.S.C. § 5125(b)(1)(E)

      Pub. L. 109–59, § 7122(a)(1), added subpar. (E)

   2. Struck · 49 U.S.C. § 5125(b)(1)(E)

      Pub. L. 109–59, § 7122(a)(1), struck out former subpar. (E) which read as follows: “the design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a packaging or a container represented, marked, certified, or sold as qualified for use in transporting hazardous material.”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(E). Pub. L. 109–59, § 7122(a)(1), added subpar. (E) and struck out former subpar. (E) which read as follows: “the design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a packaging or a container represented, marked, certified, or sold as qualified for use in transporting hazardous material.”

   Enacted provision · exact public law section
   (1) by striking subparagraph (E) of paragraph (1) and inserting the following: “(E) the designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.” ; and

8. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

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

   Substituted · 49 U.S.C. § 5125(b)(2)

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

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 109–59, § 7126, substituted “If the Secretary” for “If the Secretary of Transportation”.

   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”.

9. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7122(a)(2) · 119 Stat. 1144

   Substituted · 49 U.S.C. § 5125(b)(2)

   Pub. L. 109–59, § 7122(a)(2), substituted “subjects that the Secretary prescribes. The” for “subjects that the Secretary prescribes after November 16, 1990. However, the”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–59, § 7122(a)(2), substituted “subjects that the Secretary prescribes. The” for “subjects that the Secretary prescribes after November 16, 1990. However, the”.

   Enacted provision · exact public law section
   (2) by striking “prescribes after November 16, 1990. However, the” in paragraph (2) and inserting “prescribes. The”.

10. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7122(b) · 119 Stat. 1144

    Inserted · 49 U.S.C. § 5125(d)(1)

    Pub. L. 109–59, § 7122(b), inserted “or section 5119(e)” before period at end of first sentence

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 109–59, § 7122(b), inserted “or section 5119(e)” before period at end of first sentence.

    Enacted provision · exact public law section
    (b) Decisions on Preemption.— Section 5125(d)(1) is amended in the first sentence by inserting before the period at the end “or section 5119(e)”.

11. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7122(c) · 119 Stat. 1144

    Inserted · 49 U.S.C. § 5125(e)

    Pub. L. 109–59, § 7122(c), inserted “or section 5119(b)” before period at end of first sentence

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–59, § 7122(c), inserted “or section 5119(b)” before period at end of first sentence.

    Enacted provision · exact public law section
    (c) Waiver of Preemption.— Section 5125(e) is amended in the first sentence by inserting before the period at the end “or section 5119(b)”.

12. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7123(a) · 119 Stat. 1144

    1. Redesignated · 49 U.S.C. § 5125(f)

       Pub. L. 109–59, § 7123(a), redesignated subsec. (g) as (f), realigned margins

    2. Struck · 49 U.S.C. § 5125(f)

       Pub. L. 109–59, § 7123(a), struck out heading and text of former subsec. (f). Text read as follows: “A party to a proceeding under subsection (d) or (e) of this section may bring a civil action in an appropriate district court of the United States for judicial review of the decision of the Secretary not later than 60 days after the decision becomes final.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–59, § 7123(a), redesignated subsec. (g) as (f), realigned margins, and struck out heading and text of former subsec. (f). Text read as follows: “A party to a proceeding under subsection (d) or (e) of this section may bring a civil action in an appropriate district court of the United States for judicial review of the decision of the Secretary not later than 60 days after the decision becomes final.”

    Enacted provision · exact public law section
    (a) Repeal.— Section 5125 (as amended by section 7122 of this Act) is further amended— (1) by striking subsection (f); (2) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively; and (3) in subsection (f) (as so redesignated) by moving paragraph (2) (including subparagraphs (A) through (D)) 2 ems to the left.

13. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7123(a)(2) · 119 Stat. 1144

    Redesignated · 49 U.S.C. § 5125(g)

    Pub. L. 109–59, § 7123(a)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 109–59, § 7123(a)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).

    Enacted provision · exact public law section
    (2) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively; and

14. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7123(a)(2) · 119 Stat. 1144

    Redesignated · 49 U.S.C. § 5125(h); 49 U.S.C. § 5125(i)

    Pub. L. 109–59, § 7123(a)(2), redesignated subsecs. (h) and (i) as (g) and (h), respectively

    Source evidence

    Code amendment note
    Subsecs. (h), (i). Pub. L. 109–59, § 7123(a)(2), redesignated subsecs. (h) and (i) as (g) and (h), respectively.

    Enacted provision · exact public law section
    (2) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively; and

15. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7122(d) · 119 Stat. 1144

    Added · 49 U.S.C. § 5125(h); 49 U.S.C. § 5125(i)

    Pub. L. 109–59, § 7122(d), added subsecs. (h) and (i)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–59, § 7122(d), added subsecs. (h) and (i).

    Enacted provision · exact public law section
    (d) Standards.— Section 5125 is amended by adding at the end the following: “(h) Application of Each Preemption Standard.— Each standard for preemption in subsection (b), (c)(1), or (d), and in section 5119(b), is independent in its application to a requirement of a State, political subdivision of a State, or Indian tribe. “(i) Non-Federal Enforcement Standards.— This section does not apply to any procedure, penalty, required mental state, or other standard utilized by a State, political subdivision of a State, or Indian tribe to enforce a requirement applicable to the transportation of hazardous material.” .

16. 2008

    SAFETEA–LU Technical Corrections Act of 2008

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

    Substituted · 49 U.S.C. § 5125(d)(1)

    Pub. L. 110–244, § 302(c)(1), substituted “5119(f)” for “5119(e)”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 110–244, § 302(c)(1), substituted “5119(f)” for “5119(e)”.

    Enacted provision · exact public law section
    (1) in subsection (d)(1) by striking “5119(e)” and inserting “5119(f)”;

17. 2008

    SAFETEA–LU Technical Corrections Act of 2008

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

    Substituted · 49 U.S.C. § 5125(e)

    Pub. L. 110–244, § 302(c)(2), substituted “5119(f)” for “5119(b)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 110–244, § 302(c)(2), substituted “5119(f)” for “5119(b)” in introductory provisions.

    Enacted provision · exact public law section
    (2) in each of subsections (e) and (g) by striking “5119(b)” and inserting “5119(f)”; and

18. 2008

    SAFETEA–LU Technical Corrections Act of 2008

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

    1. Substituted · 49 U.S.C. § 5125(g)

       Pub. L. 110–244, § 302(c)(2), (3), substituted “(a), (b)(1), or (c)” for “(b), (c)(1), or (d)”

    2. Substituted · 49 U.S.C. § 5125(g)

       Pub. L. 110–244, § 302(c)(2), (3), substituted “5119(f)” for “5119(b)”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 110–244, § 302(c)(2), (3), substituted “(a), (b)(1), or (c)” for “(b), (c)(1), or (d)” and “5119(f)” for “5119(b)”.

    Enacted provision · exact public law section
    (2) in each of subsections (e) and (g) by striking “5119(b)” and inserting “5119(f)”; and

19. 2012

    Hazardous Materials Transportation Safety Improvement Act of 2012

    Pub. L. 112–141 § 33006(d) · 126 Stat. 405

    Inserted · 49 U.S.C. § 5125(b)(1)(D)

    Pub. L. 112–141, § 33006(d), inserted “and other written hazardous materials transportation incident reporting involving State or local emergency responders in the initial response to the incident” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 112–141, § 33006(d), inserted “and other written hazardous materials transportation incident reporting involving State or local emergency responders in the initial response to the incident” before period at end.

    Enacted provision · exact public law section
    (d) Reporting Requirements.— Section 5125(b)(1)(D) is amended by inserting “and other written hazardous materials transportation incident reporting involving State or local emergency responders in the initial response to the incident” before the period at the end.

    Effective date note
    Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

20. 2012

    Hazardous Materials Transportation Safety Improvement Act of 2012

    Pub. L. 112–141 § 33013(b) · 126 Stat. 405

    Inserted · 49 U.S.C. § 5125(c)(1)

    Pub. L. 112–141, § 33013(b), inserted “, and is published in the Department’s hazardous materials route registry under section 5112(c)” before period at end

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 112–141, § 33013(b), inserted “, and is published in the Department’s hazardous materials route registry under section 5112(c)” before period at end.

    Enacted provision · exact public law section
    (b) Compliance With Section 5112.— Section 5125(c)(1) is amended by inserting “, and is published in the Department’s hazardous materials route registry under section 5112(c)” before the period at the end.

    Effective date note
    Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

21. 2012

    Hazardous Materials Transportation Safety Improvement Act of 2012

    Pub. L. 112–141 § 33011 · 126 Stat. 405

    Substituted · 49 U.S.C. § 5125(f)(2)

    Pub. L. 112–141, § 33011, substituted “biennially” for “, upon the Secretary’s request,”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 112–141, § 33011, substituted “biennially” for “, upon the Secretary’s request,”.

    Enacted provision · exact public law section
    SEC. 33011. REPORTING OF FEES.   Section 5125(f)(2) is amended by striking “, upon the Secretary’s request,” and inserting “biennially”.

    Effective date note
    Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

25 of 25 references resolved to an enrolled provision