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49 U.S.C. § 5125 — Preemption
Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** Except as provided in subsections (b), (c), and (e) of this section and unless authorized by another law of the United States, a requirement of a State, political subdivision of a State, or Indian tribe is preempted if—
(1) complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security is not possible; or
(2) the requirement of the State, political subdivision, or tribe, as applied or enforced, is an obstacle to accomplishing and carrying out this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security.
**(b) Substantive Differences.—**
(1) Except as provided in subsection (c) of this section and unless authorized by another law of the United States, a law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe about any of the following subjects, that is not substantively the same as a provision of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security, is preempted:
(A) the designation, description, and classification of hazardous material.
(B) the packing, repacking, handling, labeling, marking, and placarding of hazardous material.
(C) the preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents.
(D) the written notification, recording, and r
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**(a) General.—** Except as provided in subsections (b), (c), and (e) of this section and unless authorized by another law of the United States, a requirement of a State, political subdivision of a State, or Indian tribe is preempted if—
(1) complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security is not possible; or
(2) the requirement of the State, political subdivision, or tribe, as applied or enforced, is an obstacle to accomplishing and carrying out this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security.
**(b) Substantive Differences.—**
(1) Except as provided in subsection (c) of this section and unless authorized by another law of the United States, a law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe about any of the following subjects, that is not substantively the same as a provision of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security, is preempted:
(A) the designation, description, and classification of hazardous material.
(B) the packing, repacking, handling, labeling, marking, and placarding of hazardous material.
(C) the preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents.
(D) the written notification, recording, and reporting of the unintentional release in transportation of hazardous material and other written hazardous materials transportation incident reporting involving State or local emergency responders in the initial response to the incident.
(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.
(2) If the Secretary prescribes or has prescribed under section 5103(b), 5104, 5110, or 5112 of this title or prior comparable provision of law a regulation or standard related to a subject referred to in paragraph (1) of this subsection, a State, political subdivision of a State, or Indian tribe may prescribe, issue, maintain, and enforce only a law, regulation, standard, or order about the subject that is substantively the same as a provision of this chapter or a regulation prescribed or order issued under this chapter. The Secretary shall decide on and publish in the Federal Register the effective date of [section 5103(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5103/b&num=0&edition=prelim) for any regulation or standard about any of those subjects that the Secretary prescribes. The effective date may not be earlier than 90 days after the Secretary prescribes the regulation or standard nor later than the last day of the 2-year period beginning on the date the Secretary prescribes the regulation or standard.
(3) If a State, political subdivision of a State, or Indian tribe imposes a fine or penalty the Secretary decides is appropriate for a violation related to a subject referred to in paragraph (1) of this subsection, an additional fine or penalty may not be imposed by any other authority.
**(c) Compliance With Section 5112(b) Regulations.—**
(1) Except as provided in paragraph (2) of this subsection, after the last day of the 2-year period beginning on the date a regulation is prescribed under [section 5112(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5112/b&num=0&edition=prelim), a State or Indian tribe may establish, maintain, or enforce a highway routing designation over which hazardous material may or may not be transported by motor vehicles, or a limitation or requirement related to highway routing, only if the designation, limitation, or requirement complies with section 5112(b), and is published in the Department’s hazardous materials route registry under section 5112(c).
(2)
(A) A highway routing designation, limitation, or requirement established before the date a regulation is prescribed under [section 5112(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5112/b&num=0&edition=prelim) does not have to comply with section 5112(b)(1)(B), (C), and (F).
(B) This subsection and [section 5112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5112&num=0&edition=prelim) do not require a State or Indian tribe to comply with section 5112(b)(1)(I) if the highway routing designation, limitation, or requirement was established before November 16, 1990.
(C) The Secretary may allow a highway routing designation, limitation, or requirement to continue in effect until a dispute related to the designation, limitation, or requirement is resolved under [section 5112(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5112/d&num=0&edition=prelim).
**(d) Decisions on Preemption.—**
(1) A person (including a State, political subdivision of a State, or Indian tribe) directly affected by a requirement of a State, political subdivision, or tribe may apply to the Secretary, as provided by regulations prescribed by the Secretary, for a decision on whether the requirement is preempted by subsection (a), (b)(1), or (c) of this section or section 5119(f). The Secretary shall publish notice of the application in the Federal Register. 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. After notice is published, an applicant may not seek judicial relief on the same or substantially the same issue until the Secretary takes final action on the application or until 180 days after the application is filed, whichever occurs first.
(2) After consulting with States, political subdivisions of States, and Indian tribes, the Secretary shall prescribe regulations for carrying out paragraph (1) of this subsection.
(3) Subsection (a) of this section does not prevent a State, political subdivision of a State, or Indian tribe, or another person directly affected by a requirement, from seeking a decision on preemption from a court of competent jurisdiction instead of applying to the Secretary under paragraph (1) of this subsection.
**(e) Waiver of Preemption.—** A State, political subdivision of a State, or Indian tribe may apply to the Secretary for a waiver of preemption of a requirement the State, political subdivision, or tribe acknowledges is preempted by subsection (a), (b)(1), or (c) of this section or section 5119(f). Under a procedure the Secretary prescribes by regulation, the Secretary may waive preemption on deciding the requirement—
(1) provides the public at least as much protection as do requirements of this chapter and regulations prescribed under this chapter; and
(2) is not an unreasonable burden on commerce.
**(f) Fees.—**
(1) A State, political subdivision of a State, or Indian tribe may impose a fee related to transporting hazardous material only if the fee is fair and used for a purpose related to transporting hazardous material, including enforcement and planning, developing, and maintaining a capability for emergency response.
(2) A State or political subdivision thereof or Indian tribe that levies a fee in connection with the transportation of hazardous materials shall biennially 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.
**(g) Application of Each Preemption Standard.—** Each standard for preemption in subsection (a), (b)(1), or (c), and in section 5119(f), is independent in its application to a requirement of a State, political subdivision of a State, or Indian tribe.
**(h) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application.—**
(1) This section applies to a motor vehicle only if the vehicle is transporting hazardous material in commerce for which placarding of the vehicle is required under regulations prescribed under this chapter. However, the Secretary by regulation may extend application of this section or a standard prescribed under subsection (b) of this section to—
(A) any use of a vehicle under this paragraph to transport any hazardous material in commerce; and
(B) any motor vehicle used to transport hazardous material in commerce.
(2) Except as provided by subsection (d) of this section and [section 5125(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5125/c&num=0&edition=prelim), each State and Indian tribe may establish, maintain, and enforce—
(A) designations of specific highway routes over which hazardous material may and may not be transported by motor vehicle; and
(B) limitations and requirements related to highway routing.
**(b) Standards for States and Indian Tribes.—**
(1) The Secretary, in consultation with the States, shall prescribe by regulation standards for States and Indian tribes to use in carrying out subsection (a) of this section. The standards shall include—
(A) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe shall enhance public safety in the area subject to the jurisdiction of the State or tribe and in areas of the United States not subject to the jurisdiction of the State or tribe and directly affected by the designation, limitation, or requirement;
(B) minimum procedural requirements to ensure public participation when the State or Indian tribe is establishing a highway routing designation, limitation, or requirement;
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5112
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Activities** The Center shall—
(1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors;
(2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies;
(3) leverage information gathered about cyber incidents to—
(A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and
(B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter, “aeronautics”, “air commerce”, and “air navigation facility” have the same meanings given those terms in [section 40102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 321
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Federal law — U.S. Code and appendices · legal_authorities
Page 228
TITLE 49—TRANSPORTATION
§ 5124
tions described in section 5123(a) of title 49, United
States Code (as amended by this section), that occur on
or after the date of enactment of this Act [Aug. 10,
2005].’’
§ 5124. Criminal penalty
(a) IN
GENERAL.—A person knowingly vio-
lating section 5104(b) or willfully or recklessly
violating this chapter or a regulation, order,
special permit, or approval issued under this
chapter shall be fined under title 18, imprisoned
for not more than 5 years, or both; except that
the maximum amount of imprisonment shall be
10 years in any case in which the violation in-
volves the release of a hazardous material that
results in death or bodily injury to any person.
(b) KNOWING VIOLATIONS.—For purposes of this
section—
(1) a person acts knowingly when—
(A) the person has actual knowledge of the
facts giving rise to the violation; or
(B) a reasonable person acting in the cir-
cumstances and exercising reasonable care
would have that knowledge; and
(2) knowledge of the existence of a statutory
provision, or a regulation or a requirement re-
quired by the Secretary, is not an element of
an offense under this section.
(c) WILLFUL VIOLATIONS.—For purposes of this
section, a person acts willfully when—
(1) the person has knowledge of the facts giv-
ing rise to the violation; and
(2) the person has knowledge that the con-
duct was unlawful.
(d) RECKLESS
VIOLATIONS.—For purposes of
this section, a person acts recklessly when the
person displays a deliberate indifference or con-
scious disregard to the consequences of that per-
son’s conduct.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 781;
Pub. L. 109–59, title VII, § 7121, Aug. 10, 2005, 119
Stat. 1906.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S.
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