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49 U.S.C. § 31136 — United States Government regulations

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 31136 — United States Government regulations

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Source file: Laws/federal/codes/united-states-code/title-49/section-31136-united-states-government-regulations--cb5db5de22.md
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Source location: Title 49, Chapter 311, § 31136; chapter-311-commercial-motor-vehicle-safety.md

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**(a) Minimum Safety Standards.—** Subject to [section 30103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30103/a&num=0&edition=prelim), the Secretary of Transportation shall prescribe regulations on commercial motor vehicle safety. The regulations shall prescribe minimum safety standards for commercial motor vehicles. At a minimum, the regulations shall ensure that— (1) commercial motor vehicles are maintained, equipped, loaded, and operated safely; (2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely; (3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely and the periodic physical examinations required of such operators are performed by medical examiners who have received training in physical and medical examination standards and, after the national registry maintained by the Department of Transportation under section 31149(d) is established, are listed on such registry; (4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators; and (5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or transportation intermediary to operate a commercial motor vehicle in violation of a regulation promulgated under this section, or chapter 51 or chapter 313 of this title. **(b) Eliminating and Amending Existing Regulations.—** The Secretary may not eliminate or amend an existing motor carrier safety regulation related only to the maintenance, equipment, loading, or operation (including routing) of vehicles carrying material found to be hazardous under [section 5103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5103&num=0&edition=prelim) until an equivalent or more stringent regulation has been prescribed under section 5103. **(c) Procedures and Considerations.—** (1) A regulation under this section shall be prescribed under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) (without regard to sections 556 and 557 of title 5). (2) Before prescribing regulations under this section, the Secretary shall consider, to the extent practicable and consistent with the purposes of this chapter— (A) costs and benefits; and (B) State laws and regulations on commercial motor vehicle safety, to minimize their unnecessary preemption. **(d) Effect of Existing Regulations.—** If the Secretary does not prescribe regulations on commercial motor vehicle safety under this section, regulations on commercial motor vehicle safety prescribed by the Secretary before October 30, 1984, and in effect on October 30, 1984, shall be deemed in this subchapter to be regulations prescribed by the Secretary under this section. **(e) Exemptions.—** The Secretary may grant in accordance with section 31315 waivers and exemptions from, or conduct pilot programs with respect to, any regulations prescribed under this section. **(f) Regulatory Impact Analysis.—** (1) **In general.—** — Within each regulatory impact analysis of a proposed or final major rule issued by the Federal Motor Carrier Safety Administration, the Secretary shall, whenever practicable— (A) consider the effects of the proposed or final rule on different segments of the motor carrier industry; and (B) formulate estimates and findings based on the best available science. (2) **Scope.—** — To the extent feasible and appropriate, and consistent with law, an analysis described in paragraph (1) shall— (A) use data that is representative of commercial motor vehicle operators or motor carriers, or both, that will be impacted by the proposed or final rule; and (B) consider the effects on commercial truck and bus carriers of various sizes and types. **(g) Public Participation.—** (1) **In general.—** — If a proposed rule under this part is likely to lead to the promulgation of a major rule, the Secretary, before publishing such proposed rule, shall— (A) issue an advance notice of proposed rulemaking; or (B) proceed with a negotiated rulemaking. (2) **Requirements.—** — Each advance notice of proposed rulemaking issued under paragraph (1) shall— (A) identify the need for a potential regulatory action; (B) identify and request public comment on the best available science or technical information relevant to analyzing potential regulatory alternatives; (C) request public comment on the available data and costs with respect to regulatory alternatives reasonably likely to be considered as part of the rulemaking; and (D) request public comment on available alternatives to regulation. (3) **Waiver.—** — This subsection does not apply to a proposed rule if the Secretary, for good cause, finds (and incorporates the finding and a brief statement of reasons for such finding in the proposed or final rule) that an advance notice of proposed rulemaking is impracticable, unnecessary, or contrary to the public interest. **(h) Rule of Construction.—** Nothing in subsection (f) or (g) may be construed to limit the contents of an advance notice of proposed rulemaking.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 31101 — Definitions

In this subchapter— (1) “commercial motor vehicle” means (except in section 31106) a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle— (A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater; (B) is designed to transport more than 10 passengers including the driver; or (C) is used in transporting material found by the Secretary of Transportation to be hazardous under [section 5103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5103&num=0&edition=prelim) and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103. (2) “employee” means a driver of a commercial motor vehicle (including an independent contractor when personally operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who— (A) directly affects commercial motor vehicle safety in the course of employment by a commercial motor carrier; and (B) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of employment. (3) “employer”— (A) means a person engaged in a business affecting commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate the vehicle in commerce; but (B) does not include the Government, a State, or a political subdivision of a State. (4) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

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49 U.S.C. § 5103 — General regulatory authority

**(a) Designating Material as Hazardous.—** The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property. **(b) Regulations for Safe Transportation.—** (1) The Secretary shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The regulations— (A) apply to a person who— (i) transports hazardous material in commerce; (ii) causes hazardous material to be transported in commerce; (iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; (iv) prepares or accepts hazardous material for transportation in commerce; (v) is responsible for the safety of transporting hazardous material in commerce; (vi) certifies compliance with any requirement under this chapter; or (vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and (B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate. (2) A proceeding to prescribe the regulations must be conducted under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=p

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49 U.S.C. § 30111 — Standards

**(a) General Requirements.—** The Secretary of Transportation shall prescribe motor vehicle safety standards. Each standard shall be practicable, meet the need for motor vehicle safety, and be stated in objective terms. **(b) Considerations and Consultation.—** When prescribing a motor vehicle safety standard under this chapter, the Secretary shall— (1) consider relevant available motor vehicle safety information; (2) consult with the agency established under the Act of August 20, 1958 (Public Law 85–684, 72 Stat. 635), and other appropriate State or interstate authorities (including legislative committees); (3) consider whether a proposed standard is reasonable, practicable, and appropriate for the particular type of motor vehicle or motor vehicle equipment for which it is prescribed; and (4) consider the extent to which the standard will carry out [section 30101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30101&num=0&edition=prelim). **(c) Cooperation.—** The Secretary may advise, assist, and cooperate with departments, agencies, and instrumentalities of the United States Government, States, and other public and private agencies in developing motor vehicle safety standards. **(d) Effective Dates of Standards.—** The Secretary shall specify the effective date of a motor vehicle safety standard prescribed under this chapter in the order prescribing the standard. A standard may not become effective before the 180th day after the standard is prescribed or later than one year after it is prescribed. However, the Secretary may prescribe a different effective date after finding, for good cause shown, that a different effective date is in the public interest and publishing the reasons for the finding. **(e) 5-Year Plan f

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49 U.S.C. § 5310 — Formula grants for the enhanced mobility of seniors and individuals with disabilities

**(a) Definitions.—** In this section, the following definitions shall apply: (1) **Recipient.—** — The term “recipient” means— (A) a designated recipient or a State that receives a grant under this section directly; or (B) a State or local governmental entity that operates a public transportation service. (2) **Subrecipient.—** — The term “subrecipient” means a State or local governmental authority, a private nonprofit organization, or an operator of public transportation that receives a grant under this section indirectly through a recipient. **(b) General Authority.—** (1) **Grants.—** — The Secretary may make grants under this section to recipients for— (A) public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable; (B) public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.); (C) public transportation projects that improve access to fixed route service and decrease reliance by individuals with disabilities on complementary paratransit; and (D) alternatives to public transportation that assist seniors and individuals with disabilities with transportation. (2) **Limitations for capital projects.—** (A) *Amount available.—* — The amount available for capital projects under paragraph (1)(A) shall be not less than 55 percent of the funds apportioned to the recipient under this section. (B) *Allocation to subrecipients.—* — A recipient of a grant under paragraph (1)(A) may allocate the amounts provided under the gr

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49 U.S.C. § 13501 — General jurisdiction

The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier— (1) between a place in— (A) a State and a place in another State; (B) a State and another place in the same State through another State; (C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States; (D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or (E) the United States and a place in a foreign country to the extent the transportation is in the United States; and (2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.

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49 U.S.C. § 5302 — Definitions

Except as otherwise specifically provided, in this chapter the following definitions apply: (1) **Assault on a transit worker.—** — The term “assault on a transit worker” means a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker. (2) **Associated transit improvement.—** — The term “associated transit improvement” means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are— (A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service; (B) bus shelters; (C) functional landscaping and streetscaping, including benches, trash receptacles, and street lights; (D) pedestrian access and walkways; (E) bicycle access, including bicycle storage shelters and parking facilities and the installation of equipment for transporting bicycles on public transportation vehicles; (F) signage; or (G) enhanced access for persons with disabilities to public transportation. (3) **Bus rapid transit system.—** — The term “bus rapid transit system” means a bus transit system— (A) in which the majority of each line operates in a separated right-of-way dedicated for public transportation use during peak periods; and (B) that includes features that e

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5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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49 U.S.C. § 31144 — Safety fitness of owners and operators

**(a) In General.—** The Secretary shall— (1) determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection record of such owner or operator— (A) in operations that affect interstate commerce within the United States; and (B) in operations in Canada and Mexico if the owner or operator also conducts operations within the United States; (2) periodically update such safety fitness determinations; (3) make such final safety fitness determinations readily available to the public; and (4) prescribe by regulation penalties for violations of this section consistent with section 521. **(b) Procedure.—** The Secretary shall maintain by regulation a procedure for determining the safety fitness of an owner or operator. The procedure shall include, at a minimum, the following elements: (1) Specific initial and continuing requirements with which an owner or operator must comply to demonstrate safety fitness. (2) A methodology the Secretary will use to determine whether an owner or operator is fit. (3) Specific time frames within which the Secretary will determine whether an owner or operator is fit. **(c) Prohibited Transportation.—** (1) **In general.—** — Except as provided in section 521(b)(5)(A) and this subsection, an owner or operator who the Secretary determines is not fit may not operate commercial motor vehicles in interstate commerce beginning on the 61st day after the date of such fitness determination and until the Secretary determines such owner or operator is fit. (2) **Owners or operators transporting passengers.—** — With regard to owners or operators of commercial motor ve

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