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49 U.S.C. § 5101 — Purpose
Federal law — U.S. Code and appendices · legal_authorities
The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.
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Source location: Title 49, Chapter 51, § 5101; chapter-051-transportation-of-hazardous-material.md
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The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Public building, public use, and public work.—** — The terms “public building”, “public use”, and “public work” mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands.
(2) **United states.—** — The term “United States” includes any place subject to the jurisdiction of the United States.
(3) **Federal agency.—** — The term “Federal agency” has the meaning given the term “executive agency” in [section 133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section133&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 8301
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter affects—
(1) chapter 51 (relating to transportation of hazardous material) or the regulations promulgated under that chapter; or
(2) any State highway weight or size law or regulation applicable to tractor-trailer combinations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5908
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 913; Pub. L. 87–866, § 11, Oct. 23, 1962, 76 Stat. 1148; Pub. L. 88–157, § 6, Oct. 24, 1963, 77 Stat. 277; Pub. L. 89–564, title I, § 103, Sept. 9, 1966, 80 Stat. 735; Pub. L. 91–605, title I, §§ 115(c), 126, 136(c), Dec. 31, 1970, 84 Stat. 1723, 1729, 1735; Pub. L. 93–87, title I, § 151, Aug. 13, 1973, 87 Stat. 276; Pub. L. 96–470, title I, § 112(b)(2), Oct. 19, 1980, 94 Stat. 2239; Pub. L. 97–424, title I, §§ 156(a), (b), (d), 160(a), Jan. 6, 1983, 96 Stat. 2134, 2135; Pub. L. 100–17, title I, §§ 128, 129, 133(b)(17), Apr. 2, 1987, 101 Stat. 167, 169, 172; Pub. L. 102–240, title VI, §§ 6001, 6005, Dec. 18, 1991, 105 Stat. 2162, 2170; Pub. L. 103–429, § 3(10), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–59, title III, § 325(d), Nov. 28, 1995, 109 Stat. 592, related to research and planning.
#### Intelligent Transportation Systems
Pub. L. 102–240, title VI, pt. B, Dec. 18, 1991, 105 Stat. 2189, as amended by Pub. L. 102–388, title IV, § 404, Oct. 6, 1992, 106 Stat. 1564; Pub. L. 104–59, title III, § 338(a), (b), (c)(2), Nov. 28, 1995, 109 Stat. 603, 604; Pub. L. 105–130, § 5(d), Dec. 1, 1997, 111 Stat. 2557, related to Intelligent Transportation Systems Act of 1991, including provisions relating to establishment and scope of program, general authorities and requirements, strategic plan, implementation, and report to Congress, technical, planning, and operational testing project assistance, applications of technology, commercial motor vehicle safety technology, funding, and definitions, prior to repeal by Pub. L. 105–178, title V, § 5213, June 9, 1998, 112 Stat. 463. See Pub. L. 105–178, title V, §§ 5201–5213, June 9, 1998, 112 Stat. 452–463, set out as a note under [section 502 of this title](https://
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 307
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than 1 year after July 26, 1990, the Attorney General shall promulgate regulations in an accessible format that implement this part. Such regulations shall not include any matter within the scope of the authority of the Secretary of Transportation under section 12143, 12149, or 12164 of this title.
**(b) Relationship to other regulations** Except for “program accessibility, existing facilities”, and “communications”, regulations under subsection (a) shall be consistent with this chapter and with the coordination regulations under part 41 of title 28, Code of Federal Regulations (as promulgated by the Department of Health, Education, and Welfare on January 13, 1978), applicable to recipients of Federal financial assistance under [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim). With respect to “program accessibility, existing facilities”, and “communications”, such regulations shall be consistent with regulations and analysis as in part 39 of title 28 of the Code of Federal Regulations, applicable to federally conducted activities under [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim).
**(c) Standards** Regulations under subsection (a) shall include standards applicable to facilities and vehicles covered by this part, other than facilities, stations, rail passenger cars, and vehicles covered by part B. Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with [section 12204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12204/a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12143
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Federal law — U.S. Code and appendices · legal_authorities
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):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Pipeline and Hazardous Materials Safety Administration shall be an administration in the Department of Transportation.
**(b) Safety as Highest Priority.—** In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in pipeline transportation and hazardous materials transportation.
**(c) Administrator.—** The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in pipeline safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation.
**(d) Deputy Administrator.—** The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
**(e) Chief Safety Officer.—** The Administration shall have an Assistant Administrator for Pipeline and Hazardous Materials Safety appointed in the competitive service by the Secretary. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator.
**(f) Duties and Powers of the Administrator.—** The Administrator shall carry out—
(1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61, 601, and 603; and
(2) other duties and powers prescribed by the Secretary.
**(g) Limitation.—**
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 108
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section, the following definitions shall apply:
(1) **Applicant.—** — The term “applicant” means a State or local governmental authority that applies for a grant under this section.
(2) **Core capacity improvement project.—** — The term “core capacity improvement project” means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent. The term does not include project elements designed to maintain a state of good repair of the existing fixed guideway system.
(3) **Corridor-based bus rapid transit project.—** — The term “corridor-based bus rapid transit project” means a small start project utilizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems, including defined stations; traffic signal priority for public transportation vehicles; short headway bidirectional services for a substantial part of weekdays; and any other features the Secretary may determine support a long-term corridor investment, but the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods.
(4) **Fixed guideway bus rapid transit project.—** — The term “fixed guideway bus rapid transit project” means a bus capital project—
(A) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods;
(B) that represents a substantial investment in a single route in a defined corridor or subarea; and
(C) that includes features that emulate the services provided by rail fixed guideway public
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5309
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Providing Shipping Papers.—** Each person offering for transportation in commerce hazardous material to which the shipping paper requirements of the Secretary apply shall provide to the carrier providing the transportation a shipping paper that makes the disclosures the Secretary prescribes in regulations.
**(b) Keeping Shipping Papers on the Vehicle.—**
(1) A motor carrier, and the person offering the hazardous material for transportation if a private motor carrier, shall keep the shipping paper on the vehicle transporting the material.
(2) Except as provided in paragraph (1) of this subsection, the shipping paper shall be kept in a location the Secretary specifies in a motor vehicle, train, vessel, aircraft, or facility until—
(A) the hazardous material no longer is in transportation; or
(B) the documents are made available to a representative of a department, agency, or instrumentality of the United States Government or a State or local authority responding to an accident or incident involving the motor vehicle, train, vessel, aircraft, or facility.
**(c) Disclosure to Emergency Response Authorities.—** When an incident involving hazardous material being transported in commerce occurs, the person transporting the material, immediately on request of appropriate emergency response authorities, shall disclose to the authorities information about the material.
**(d) Retention of Papers.—**
(1) **Offerors.—** — The person who provides the shipping paper under this section shall retain the paper, or an electronic format of it, for a period of 2 years after the date that the shipping paper is provided to the carrier, with the paper or electronic format to be accessible through the offeror’s principal place of business.
(2) **Carriers.—** — The carrier req
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5110
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Interests in Property.—**
(1) **In general.—** — Financial assistance provided under this chapter to a State or a local governmental authority may be used to acquire an interest in, or to buy property of, a private company engaged in public transportation, for a capital project for property acquired from a private company engaged in public transportation after July 9, 1964, or to operate a public transportation facility or equipment in competition with, or in addition to, transportation service provided by an existing public transportation company, only if—
(A) the Secretary determines that such financial assistance is essential to a program of projects required under sections 5303, 5304, and 5306;
(B) the Secretary determines that the program provides for the participation of private companies engaged in public transportation to the maximum extent feasible; and
(C) just compensation under State or local law will be paid to the company for its franchise or property.
(2) **Limitation.—** — A governmental authority may not use financial assistance of the United States Government to acquire land, equipment, or a facility used in public transportation from another governmental authority in the same geographic area.
**(b) Relocation and Real Property Requirements.—** The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ([42 U.S.C. 4601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4601&num=0&edition=prelim) et seq.) shall apply to financial assistance for capital projects under this chapter.
**(c) Consideration of Economic, Social, and Environmental Interests.—**
(1) **Cooperation and consultation.—** — The Secretary shall cooperate and consult with the Secretary of the Interior and the Admini
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5323
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Competition.—** Recipients of assistance under this chapter shall conduct all procurement transactions in a manner that provides full and open competition as determined by the Secretary.
**(b) Architectural, Engineering, and Design Contracts.—**
(1) **Procedures for awarding contract.—** — A contract or requirement for program management, architectural engineering, construction management, a feasibility study, and preliminary engineering, design, architectural, engineering, surveying, mapping, or related services for a project for which Federal assistance is provided under this chapter shall be awarded in the same way as a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement of a State adopted before August 10, 2005.
(2) **Additional requirements.—** — When awarding a contract described in paragraph (1), recipients of assistance under this chapter shall comply with the following requirements:
(A) *Performance of audits.—* — Any contract or subcontract awarded under this chapter shall be performed and audited in compliance with cost principles contained in part 31 of the Federal Acquisition Regulation, or any successor thereto.
(B) *Indirect cost rates.—* — A recipient of funds under a contract or subcontract awarded under this chapter shall accept indirect cost rates established in accordance with the Federal Acquisition Regulation for 1-year applicable accounting periods by a cognizant Federal or State government agency, if such rates are not currently under dispute.
(C) *Application of rates.—* — After a firm’s indirect cost rates are accepted under subparagraph (B), the recipient of the funds shall apply such rates for the purposes of contract estimation, neg
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5325
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