49 U.S.C. § 5112 — Highway routing of hazardous material

Page 210 TITLE 49—TRANSPORTATION § 5112 § 5112. Highway routing of hazardous material (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 regu- lations prescribed under this chapter. However, the Secretary by regulation may extend applica- tion 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 com- merce; and (B) any motor vehicle used to transport haz- ardous material in commerce. (2) Except as provided by subsection (d) of this section and section 5125(c) of this title, 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 stand- ards for States and Indian tribes to use in car- rying 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 des- ignation, limitation, or requirement; (B) minimum procedural requirements to en- sure public participation when the State or In- dian tribe is establishing a highway routing designation, limitation, or requirement; (C) a requirement that, in establishing a highway routing designation, limitation, or requirement, a State or Indian tribe consult with appropriate State, local, and tribal offi- cials having jurisdiction over areas of the United States not subject to the jurisdiction of that State or tribe establishing the designa- tion, limitation, or requirement and with af- fected industries; (D) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe shall ensure through highway routing for the transportation of haz- ardous material between adjacent areas; (E) a requirement that a highway routing designation, limitation, or requirement of one State or Indian tribe affecting the transpor- tation of hazardous material in another State or tribe may be established, maintained, and enforced by the State or tribe establishing the designation, limitation, or requirement only if— (i) the designation, limitation, or require- ment is agreed to by the other State or tribe within a reasonable period or is approved by the Secretary under subsection (d) of this section; and (ii) the designation, limitation, or require- ment is not an unreasonable burden on com- merce; (F) a requirement that establishing a high- way routing designation, limitation, or re- quirement of a State or Indian tribe be com- pleted in a timely way; (G) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe provide reasonable routes for motor vehicles transporting haz- ardous material to reach terminals, facilities for food, fuel, repairs, and rest, and places to load and unload hazardous material; (H) a requirement that a State be respon- sible— (i) for ensuring that political subdivisions of the State comply with standards pre- scribed under this subsection in estab- lishing, maintaining, and enforcing a high- way routing designation, limitation, or re- quirement; and (ii) for resolving a dispute between polit- ical subdivisions; and (I) a requirement that, in carrying out sub- section (a) of this section, a State or Indian tribe shall consider— (i) population densities; (ii) the types of highways; (iii) the types and amounts of hazardous material; (iv) emergency response capabilities; (v) the results of consulting with affected persons; (vi) exposure and other risk factors; (vii) terrain considerations; (viii) the continuity of routes; (ix) alternative routes; (x) the effects on commerce; (xi) delays in transportation; and (xii) other factors the Secretary considers appropriate. (2) The Secretary may not assign a specific weight that a State or Indian tribe shall use when considering the factors under paragraph (1)(I) of this subsection. (c) LIST OF ROUTE DESIGNATIONS.— (1) IN GENERAL.—In coordination with the States, the Secretary shall update and publish periodically a list of currently effective haz- ardous material highway route designations. (2) STATE RESPONSIBILITIES.— (A) IN GENERAL.—Each State shall submit to the Secretary, in a form and manner to be determined by the Secretary and in accord- ance with subparagraph (B)— (i) the name of the State agency respon- sible for hazardous material highway route designations; and (ii) a list of the State’s currently effec- tive hazardous material highway route designations. (B) FREQUENCY.—Each State shall submit the information described in subparagraph (A)(ii)— (i) at least once every 2 years; and (ii) not later than 60 days after a haz- ardous material highway route designa- tion is established, amended, or discon- tinued. (d) DISPUTE RESOLUTION.—(1) The Secretary shall prescribe regulations for resolving a dis- Page 211 TITLE 49—TRANSPORTATION § 5113 pute related to through highway routing or to an agreement with a proposed highway route designation, limitation, or requirement between or among States, political subdivisions of dif- ferent States, or Indian tribes. (2) A State or Indian tribe involved in a dis- pute under this subsection may petition the Sec- retary to resolve the dispute. The Secretary shall resolve the dispute not later than one year after receiving the petition. The resolution shall provide the greatest level of highway safety without being an unreasonable burden on com- merce and shall ensure compliance with stand- ards prescribed under subsection (b) of this sec- tion. (3)(A) After a petition is filed under this sub- section, a civil action about the subject matter of the dispute may be brought in a court only after the earlier of— (i) the day the Secretary issues a final deci- sion; or (ii) the last day of the one-year period begin- ning on the day the Secretary receives the pe- tition. (B) A State or Indian tribe adversely affected by a decision of the Secretary under this sub- section may bring a civil action for judicial re- view of the decision in an appropriate district court of the United States not later than 89 days after the day the decision becomes final. (e) RELATIONSHIP TO OTHER LAWS.—This sec- tion and regulations prescribed under this sec- tion do not affect sections 31111 and 31113 of this title or section 127 of title 23. (f) EXISTING RADIOACTIVE MATERIAL ROUTING REGULATIONS.—The Secretary is not required to amend or again prescribe regulations related to highway routing designations over which radio- active material may and may not be transported by motor vehicles, and limitations and require- ments related to the routing, that were in effect on November 16, 1990. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 769; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909; Pub. L. 112–141, div. C, title III, § 33013(a), July 6, 2012, 126 Stat. 839.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5112(a)(1) .... 49 App.:1804(b)(7). Jan. 3, 1975, Pub. L. 93–633, § 105(b)(1)–(3), (5)–(9), (c), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, § 4, 104 Stat. 3248, 3251. 5112(a)(2) .... 49 App.:1804(b)(1). 5112(b)(1) .... 49 App.:1804(b)(2), (3). 5112(b)(2) .... 49 App.:1804(b)(9). 5112(c) ........ 49 App.:1804(c). 5112(d) ........ 49 App.:1804(b)(5). 5112(e) ........ 49 App.:1804(b)(6). 5112(f) ........ 49 App.:1804(b)(8). In subsection (a)(1), the words ‘‘in the area which is subject to the jurisdiction of such State or Indian tribe’’ are omitted as surplus. In subsection (b)(1), before clause (A), the words ‘‘Not later than 18 months after November 16, 1990’’ are omit- ted as obsolete. In clause (H)(i), the words ‘‘prescribed under this subsection’’ are added for clarity. In subsection (d)(1), the words ‘‘within 18 months of November 16, 1990’’ are omitted as obsolete. The words ‘‘over a matter’’ are omitted as surplus. In subsection (d)(3), the word ‘‘civil’’ is added for con- sistency in the revised title and with other titles of the United States Code. In subsection (e), the words ‘‘superseding or other- wise’’, ‘‘application of’’, ‘‘relating to vehicle weight limitations’’, and ‘‘relating to vehicle length and vehi- cle width limitations, respectively’’ are omitted as sur- plus. In subsection (f), the word ‘‘modify’’ is omitted as surplus and for consistency in the revised title. The words ‘‘issued by the Department of Transportation be- fore November 16, 1990, and’’ are omitted as obsolete. Editorial Notes AMENDMENTS 2012—Subsec. (c). Pub. L. 112–141 designated existing provisions as par. (1), inserted heading, and added par. (2). 2005—Subsec. (a)(1). Pub. L. 109–59 substituted ‘‘Sec- retary’’ for ‘‘Secretary of Transportation’’ in introduc- tory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. STUDY OF HAZARDOUS MATERIALS TRANSPORTATION BY MOTOR CARRIERS NEAR FEDERAL PRISONS Pub. L. 103–311, title I, § 121, Aug. 26, 1994, 108 Stat. 1681, directed Secretary of Transportation to submit to Congress, not later than 1 year after Aug. 26, 1994, re- port on results of study to determine safety consider- ations of transporting hazardous materials by motor carriers in close proximity to Federal prisons, particu- larly those housing maximum security prisoners, which was to include evaluation of ability of such facilities and designated local planning agencies to safely evac- uate such prisoners in event of emergency and any spe- cial training, equipment, or personnel that would be re- quired by such facility and designated local emergency planning agencies to carry out such evacuation. § 5113. Unsatisfactory safety rating A violation of section 31144(c)(3) shall be con- sidered a violation of this chapter, and shall be subject to the penalties in sections 5123 and 5124. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 771; Pub. L. 105–178, title IV, § 4009(b), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title VII, § 7112(a), Aug. 10, 2005, 119 Stat. 1899.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5113(a) ........ 49 App.:1814(a). Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117; added Nov. 3, 1990, Pub. L. 101–500, § 15(b)(1), 104 Stat. 1218. 5113(b) ........ 49 App.:1814(b). 5113(c) ........ 49 App.:1814(c). 5113(d) ........ 49 App.:2501 (note). Nov. 3, 1990, Pub. L. 101–500, § 15(b)(2), 104 Stat. 1219. In subsections (a) and (c), the words ‘‘individuals’’ is substituted for ‘‘passengers, including the driver’’ for clarity and consistency. In subsection (a), before clause (1), the words ‘‘Effec- tive January 1, 1991’’ are omitted as obsolete. The words ‘‘to take such action as may be necessary ’’ are omitted as surplus. In subsection (b), the words ‘‘from the Secretary’’ and ‘‘conditions and other’’ are omitted as surplus. In subsection (d), the words ‘‘Not later than 1 year after the date of enactment of this Act’’ are omitted as obsolete.