49 U.S.C. § 5110 — Shipping papers and disclosure

Page 207 TITLE 49—TRANSPORTATION § 5110 under this section only if the carrier complies with conditions the Secretary finds are required to protect public safety. (h) LIMITATION ON DENIAL.—The Secretary may not deny a non-temporary permit held by a motor carrier pursuant to this section based on a comprehensive review of that carrier triggered by safety management system scores or out-of- service disqualification standards, unless— (1) the carrier has the opportunity, prior to the denial of such permit, to submit a written description of corrective actions taken and other documentation the carrier wishes the Secretary to consider, including a corrective action plan; and (2) the Secretary determines the actions or plan is insufficient to address the safety con- cerns identified during the course of the com- prehensive review. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 767; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909; Pub. L. 114–94, div. A, title VII, § 7202, Dec. 4, 2015, 129 Stat. 1589.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5109(a) ........ 49 App.:1805(d)(1), (2). Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 106(d); added Nov. 16, 1990, Pub. L. 101–615, § 8(a), 104 Stat. 3257; Oct. 24, 1992, Pub. L. 102–508, § 503(a)(4), (5), (b), 106 Stat. 3311. 5109(b) ........ 49 App.:1805(d)(5). 5109(c) ........ 49 App.:1805(d)(7). 5109(d) ........ 49 App.:1805(d)(4). 5109(e) ........ 49 App.:1805(d)(6). 5109(f) ........ 49 App.:1805(d)(3). 5109(g) ........ 49 App.:1805(d)(8). 5109(h) ....... 49 App.:1805 (note). Nov. 16, 1990, Pub. L. 101–615, § 8(b), 104 Stat. 3258. In subsection (a), before clause (1), the words ‘‘Except as provided in this subsection’’ and ‘‘used to provide such transportation’’ are omitted as surplus. In subsection (b), before clause (1), the word ‘‘all’’ is omitted as surplus. In subsection (e)(2), the word ‘‘conditions’’ is omitted as being included in ‘‘terms’’. In subsection (h), the text of section 8(b) (words be- fore semicolon of the Hazardous Materials Transpor- tation Uniform Safety Act of 1990 (Public Law 101–615, 104 Stat. 3258) is omitted as obsolete. Editorial Notes AMENDMENTS 2015—Subsec. (h). Pub. L. 114–94 amended subsec. (h) generally. Prior to amendment, text read as follows: ‘‘The Secretary shall prescribe regulations necessary to carry out this section not later than November 16, 1991.’’ 2005—Subsec. (a). Pub. L. 109–59 substituted ‘‘Sec- retary issues’’ for ‘‘Secretary of Transportation issues’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. MOTOR CARRIER SAFETY PERMITS Pub. L. 112–141, div. C, title III, § 33014, July 6, 2012, 126 Stat. 840, provided that: ‘‘(a) REVIEW.—Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall con- duct a study of, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastruc- ture of the House of Representatives a report on, the implementation of the hazardous material safety per- mit program under section 5109 of title 49, United States Code. In conducting the study, the Secretary shall review, at a minimum— ‘‘(1) the list of hazardous materials requiring a safe- ty permit; ‘‘(2) the number of permits that have been issued, denied, revoked, or suspended since inception of the program and the number of commercial motor car- riers that have never had a permit denied, revoked, or suspended since inception of the program; ‘‘(3) the reasons for such denials, revocations, or suspensions; ‘‘(4) the criteria used by the Federal Motor Carrier Safety Administration to determine whether a haz- ardous material safety permit issued by a State is equivalent to the Federal permit; and ‘‘(5) actions the Secretary could implement to im- prove the program, including whether to provide op- portunities for an additional level of fitness review prior to the denial, revocation, or suspension of a safety permit. ‘‘(b) ACTIONS TAKEN.—Not later than 2 years after the date of enactment of this Act, based on the study con- ducted under subsection (a), the Secretary shall either institute a rulemaking to make any necessary im- provements to the hazardous materials safety permit program under section 5109 of title 49, United States Code or publish in the Federal Register the Secretary’s justification for why a rulemaking is not necessary.’’ § 5110. Shipping papers and disclosure (a) PROVIDING SHIPPING PAPERS.—Each person offering for transportation in commerce haz- ardous material to which the shipping paper re- quirements 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 VEHI- CLE.—(1) A motor carrier, and the person offer- ing 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 vehi- cle, 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 in- strumentality of the United States Govern- ment 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 AU- THORITIES.—When an incident involving haz- ardous material being transported in commerce occurs, the person transporting the material, immediately on request of appropriate emer- gency 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 Page 208 TITLE 49—TRANSPORTATION § 5110 1 So in original. Comma probably should not appear. the paper, or an electronic format of it, for a period of 2 years after the date that the ship- ping paper is provided to the carrier, with the paper or electronic format to be accessible through the offeror’s principal place of busi- ness. (2) CARRIERS.—The carrier required to keep the shipping paper under this section,1 shall retain the paper, or an electronic format of it, for a period of 1 year after the date that the shipping paper is provided to the carrier, with the paper or electronic format to be accessible through the carrier’s principal place of busi- ness. (3) AVAILABILITY TO GOVERNMENT AGENCIES.— Any person required to keep a shipping paper under this subsection shall, upon request, make it available to a Federal, State, or local government agency at reasonable times and locations. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 768; Pub. L. 103–311, title I, § 115, Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109–59, title VII, §§ 7110, 7126, Aug. 10, 2005, 119 Stat. 1898, 1909; Pub. L. 110–244, title III, § 302(i), June 6, 2008, 122 Stat. 1618.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5110(a) ........ 49 App.:1804(g)(1) (1st sentence words before ‘‘for the carrier’’). Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 105(g); added Nov. 16, 1990, Pub. L. 101–615, § 6, 104 Stat. 3253. 5110(b) ........ 49 App.:1804(g)(2). 5110(c) ........ 49 App.:1804(g)(1) (1st sentence words after ‘‘para- graph (2)’’, last sentence), (3). 5110(d) ........ 49 App.:1804(g)(4). In subsection (c)(1), the words ‘‘A motor carrier’’ are substituted for ‘‘the carrier’’ for clarity. Editorial Notes AMENDMENTS 2008—Subsec. (d)(1). Pub. L. 110–244, § 302(i)(2), sub- stituted ‘‘offeror’s’’ for ‘‘shipper’s’’. Pub. L. 110–244, § 302(i)(1), which directed substitution of ‘‘Offerors’’ for ‘‘Shippers’’ ‘‘in the subsection head- ing’’, was executed by making the substitution in par. (1) heading to reflect the probable intent of Congress. 2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted ‘‘Secretary apply’’ for ‘‘Secretary of Transportation apply’’. Pub. L. 109–59, § 7110(a)(1), substituted ‘‘in regula- tions’’ for ‘‘under subsection (b) of this section’’. Subsecs. (b), (c). Pub. L. 109–59, § 7110(a)(2), (3), redes- ignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to con- siderations and requirements in carrying out subsec. (a). Subsec. (d). Pub. L. 109–59, § 7110(b), reenacted heading without change and amended text of subsec. (d) gen- erally. Prior to amendment, text read as follows: ‘‘After the hazardous material to which a shipping paper provided to a carrier under subsection (a) applies is no longer in transportation, the person who provided the shipping paper and the carrier required to maintain it under subsection (a) shall retain the paper or elec- tronic image thereof for a period of 1 year to be acces- sible through their respective principal places of busi- ness. Such person and carrier shall, upon request, make the shipping paper available to a Federal, State, or local government agency at reasonable times and loca- tions.’’ Pub. L. 109–59, § 7110(a)(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 109–59, § 7110(a)(3), redesignated subsec. (e) as (d). 1994—Subsec. (e). Pub. L. 103–311 added subsec. (e). Statutory Notes and Related Subsidiaries IMPROVEMENTS TO HAZARDOUS MATERIALS IDENTIFICATION SYSTEMS Pub. L. 101–615, § 25, Nov. 16, 1990, 104 Stat. 3273, pro- vided that: ‘‘(a) RULEMAKING PROCEEDING.— ‘‘(1) INITIATION.—In order to develop methods of im- proving the current system of identifying hazardous materials being transported in vehicles for safe- guarding the health and safety of persons responding to emergencies involving such hazardous materials and the public and to facilitate the review and report- ing process required by subsection (d), the Secretary of Transportation shall initiate a rulemaking pro- ceeding not later than 30 days after the date of the enactment of this Act [Nov. 16, 1990]. ‘‘(2) PRIMARY PURPOSES.—The primary purposes of the rulemaking proceeding initiated under this sub- section are— ‘‘(A) to determine methods of improving the cur- rent system of placarding vehicles transporting hazardous materials; and ‘‘(B) to determine methods for establishing and operating a central reporting system and computer- ized telecommunications data center described in subsection (b)(1). ‘‘(3) METHODS OF IMPROVING PLACARDING SYSTEM.— The methods of improving the current system of placarding to be considered under the rulemaking proceeding initiated under this subsection shall in- clude methods to make such placards more visible, methods to reduce the number of improper and miss- ing placards, alternative methods of marking vehi- cles for the purpose of identifying the hazardous ma- terials being transported, methods of modifying the composition of placards in order to ensure their re- sistance to flammability, methods of improving the coding system used with respect to such placards, identification of appropriate emergency response pro- cedures through symbols on placards, and whether or not telephone numbers of any continually monitored telephone systems which are established under the Hazardous Materials Transportation Act [see 49 U.S.C. 5101 et seq.] are displayed on vehicles trans- porting hazardous materials. ‘‘(4) COMPLETION OF RULEMAKING PROCEEDING WITH RESPECT TO REPORTING SYSTEM AND DATA CENTER.— Not later than 19 months after the date of the enact- ment of this Act [Nov. 16, 1990], the Secretary of Transportation shall complete the rulemaking pro- ceeding initiated with respect to the central report- ing system and computerized telecommunications data center described in subsection (b). ‘‘(5) FINAL RULE WITH RESPECT TO PLACARDING.—Not later than 30 months after the date of the enactment of this Act, the Secretary of Transportation shall issue a final rule relating to improving the current system for placarding vehicles transporting haz- ardous materials. ‘‘(b) CENTRAL REPORTING SYSTEM AND COMPUTERIZED TELECOMMUNICATIONS DATA CENTER STUDY.— ‘‘(1) ARRANGEMENTS WITH NATIONAL ACADEMY OF SCIENCES.—Not later than 30 days after the date of the enactment of this Act [Nov. 16, 1990], the Sec- retary of Transportation shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a study of the feasi- bility and necessity of establishing and operating a central reporting system and computerized tele- Page 209 TITLE 49—TRANSPORTATION [§ 5111 communications data center that is capable of receiv- ing, storing, and retrieving data concerning all daily shipments of hazardous materials, that can identify hazardous materials being transported by any mode of transportation, and that can provide information to facilitate responses to accidents and incidents in- volving the transportation of hazardous materials. ‘‘(2) CONSULTATION AND REPORT.—In entering into any arrangements with the National Academy of Sciences for conducting the study under this section, the Secretary of Transportation shall request the Na- tional Academy of Sciences— ‘‘(A) to consult with the Department of Transpor- tation, the Department of Health and Human Serv- ices, the Environmental Protection Agency, the Federal Emergency Management Agency, and the Occupational Safety and Health Administration, shippers and carriers of hazardous materials, manu- facturers of computerized telecommunications sys- tems, State and local emergency preparedness orga- nizations (including law enforcement and fire- fighting organizations), and appropriate inter- national organizations in conducting such study; and ‘‘(B) to submit, not later than 19 months after the date of the enactment of this Act, to the Secretary, the Committee on Commerce, Science, and Trans- portation of the Senate, and the Committees on En- ergy and Commerce and Public Works and Trans- portation of the House of Representatives a report on the results of such study. Such report shall include recommendations of the National Academy of Sciences with respect to estab- lishment and operation of a central reporting system and computerized telecommunications data center described in paragraph (1). ‘‘(3) AUTHORIZATION OF APPROPRIATION.—In addition to amounts authorized under section 115 of the Haz- ardous Materials Transportation Act [see 49 U.S.C. 5127(a)], there is authorized to be appropriated to the Secretary of Transportation to carry out this sub- section $350,000. ‘‘(c) ADDITIONAL PURPOSES OF RULEMAKING PRO- CEEDING AND STUDY.—Additional purposes of the rule- making proceeding initiated under subsection (a) with respect to a central reporting system and computerized telecommunications data center described in sub- section (b) and the study conducted under subsection (b) are— ‘‘(1) to determine whether such a system and center should be established and operated by the United States Government or by a private entity, either on its own initiative or under contract with the United States; ‘‘(2) to determine, on an annualized basis, the esti- mated cost for establishing, operating, and maintain- ing such a system and center and for carrier and ship- per compliance with such a system; ‘‘(3) to determine methods for financing the cost of establishing, operating, and maintaining such a sys- tem and center; ‘‘(4) to determine projected safety benefits of estab- lishing and operating such a system and center; ‘‘(5) to determine whether or not shippers, carriers, and handlers of hazardous materials, in addition to law enforcement officials and persons responsible for responding to emergencies involving hazardous mate- rials, should have access to such system for obtaining information concerning shipments of hazardous ma- terials and technical and other information and ad- vice with respect to such emergencies; ‘‘(6) to determine methods for ensuring the security of the information and data stored in such a system; ‘‘(7) to determine types of hazardous materials and types of shipments for which information and data should be stored in such a system; ‘‘(8) to determine the degree of liability of the oper- ator of such a system and center for providing incor- rect, false, or misleading information; ‘‘(9) to determine deadlines by which shippers, car- riers, and handlers of hazardous materials should be required to submit information to the operator of such a system and center and minimum standards re- lating to the form and contents of such information; ‘‘(10) to determine measures (including the imposi- tion of civil and criminal penalties) for ensuring com- pliance with the deadlines and standards referred to in paragraph (9); and ‘‘(11) to determine methods for accessing such a system through mobile satellite service or other technologies having the capability to provide 2-way voice, data, or facsimile services. ‘‘(d) REVIEW AND REPORT TO CONGRESS.— ‘‘(1) IN GENERAL.—Not later than 25 months after the date of the enactment of this Act [Nov. 16, 1990], the Secretary of Transportation shall review the re- port of the National Academy of Sciences submitted under subsection (b) and the results of rulemaking proceeding initiated under subsection (a) with respect to a central reporting system and computerized tele- communications data center and shall prepare and submit to Congress a report summarizing the report of the National Academy of Sciences and the results of such rulemaking proceeding, together with the Secretary’s recommendations concerning the estab- lishment and operation of such a system and center and the Secretary’s recommendations concerning im- plementation of the recommendations contained in the report of the National Academy of Sciences. ‘‘(2) WEIGHT TO BE GIVEN TO RECOMMENDATIONS OF NAS.—In conducting the review and preparing the re- port under this subsection, the Secretary shall give substantial weight to the recommendations con- tained in the report of the National Academy of Sciences submitted under subsection (b). ‘‘(3) INCLUSION OF REASONS FOR NOT FOLLOWING REC- OMMENDATIONS.—If the Secretary does not include in the report prepared for submission to Congress under this subsection a recommendation for implementa- tion of a recommendation contained in the report of the National Academy of Sciences submitted under subsection (b), the Secretary shall include in the re- port to Congress under this subsection the Sec- retary’s reasons for not recommending implementa- tion of the recommendation of the National Academy of Sciences.’’ CONTINUALLY MONITORED TELEPHONE SYSTEMS Pub. L. 101–615, § 26, Nov. 16, 1990, 104 Stat. 3273, pro- vided that: ‘‘(a) RULEMAKING PROCEEDING.—Not later than 90 days after the date of the enactment of this Act [Nov. 16, 1990], the Secretary of Transportation shall initiate a rulemaking proceeding on the feasibility, necessity, and safety benefits of requiring carriers involved in the hazardous materials transportation industry to estab- lish continually monitored telephone systems equipped to provide emergency response information and assist- ance with respect to accidents and incidents involving hazardous materials. Additional objectives of such pro- ceeding shall be to determine which hazardous mate- rials, if any, should be covered by such a requirement and which segments of such industry (including persons who own and operate motor vehicles, trains, vessels, aircraft, and in-transit storage facilities) should be covered by such a requirement. ‘‘(b) COMPLETION OF PROCEEDING.—Not later than 30 months after the date of the enactment of this Act [Nov. 16, 1990], the Secretary of Transportation shall complete the proceeding under this section and may issue a final rule relating to establishment of contin- ually monitored telephone systems described in sub- section (a).’’ [§ 5111. Repealed. Pub. L. 109–59, title VII, § 7111, Aug. 10, 2005, 119 Stat. 1899] Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 769, related to use of rail tank cars built before Jan. 1, 1971, to transport hazardous material in commerce.