49 U.S.C. § 5119 — Uniform forms and procedures

Page 221 TITLE 49—TRANSPORTATION § 5120 under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 5119. Uniform forms and procedures (a) ESTABLISHMENT OF WORKING GROUP.—The Secretary shall establish a working group of State and local government officials, including representatives of the National Governors’ Asso- ciation, the National Association of Counties, the National League of Cities, the United States Conference of Mayors, the National Conference of State Legislatures, and the Alliance for Uni- form Hazmat Transportation Procedures. (b) PURPOSE OF WORKING GROUP.—The purpose of the working group shall be to develop uniform forms and procedures for a State to register, and to issue permits to, persons that transport, or cause to be transported, hazardous material by motor vehicle in the State. (c) LIMITATION ON WORKING GROUP.—The work- ing group may not propose to define or limit the amount of a fee a State may impose or collect. (d) PROCEDURE.—The Secretary shall develop a procedure for the working group to employ in developing recommendations for the Secretary to harmonize existing State registration and permit laws and regulations relating to the transportation of hazardous materials, with spe- cial attention paid to each State’s unique safety concerns and interest in maintaining strong hazmat safety standards. (e) REPORT OF WORKING GROUP.—Not later than 18 months after the date of enactment of this subsection, the working group shall trans- mit to the Secretary a report containing rec- ommendations for establishing uniform forms and procedures described in subsection (b). (f) REGULATIONS.—Not later than 18 months after the date the working group’s report is de- livered to the Secretary, the Secretary shall issue regulations to carry out such rec- ommendations of the working group as the Sec- retary considers appropriate. In developing such regulations, the Secretary shall consider the State needs associated with the transition to and implementation of a uniform forms and pro- cedures program. (g) LIMITATION ON STATUTORY CONSTRUCTION.— Nothing in this section shall be construed as prohibiting a State from voluntarily partici- pating in a program of uniform forms and proce- dures until such time as the Secretary issues regulations under subsection (f). (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 777; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 109–59, title VII, § 7116, Aug. 10, 2005, 119 Stat. 1901.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5119(a) ........ 49 App.:1819(a). Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 121(a)–(g); added Nov. 16, 1990, Pub. L. 101–615, § 22, 104 Stat. 3271; Oct. 24, 1992, Pub. L. 102–508, § 507, 106 Stat. 3312. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 5119(b) ........ 49 App.:1819(b), (c). 5119(c)(1) .... 49 App.:1819(d). 5119(c)(2) .... 49 App.:1819(e). 5119(c)(3) .... 49 App.:1819(f). 5119(d) ........ 49 App.:1819(g). In subsection (a), before clause (1), the words ‘‘As soon as practicable after November 16, 1990’’ are omit- ted as obsolete. In subsection (c)(1), the words ‘‘Subject to the provi- sions of this subsection’’ and ‘‘to the Secretary’’ are omitted as surplus. Editorial Notes REFERENCES IN TEXT The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005. AMENDMENTS 2005—Pub. L. 109–59 reenacted section catchline with- out change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (d) re- lating to establishment of working group, consultation and reporting, regulations, and relationship to other laws. 1996—Subsec. (b)(2), Pub. L. 104–287 substituted ‘‘Transportation and Infrastructure’’ for ‘‘Public Works and Transportation’’. § 5120. International uniformity of standards and requirements (a) PARTICIPATION IN INTERNATIONAL FORUMS.— Subject to guidance and direction from the Sec- retary of State, the Secretary of Transportation shall participate in international forums that establish or recommend mandatory standards and requirements for transporting hazardous material in international commerce. (b) CONSULTATION.—The Secretary may con- sult with interested authorities to ensure that, to the extent practicable, regulations the Sec- retary prescribes under sections 5103(b), 5104, 5110, and 5112 of this title are consistent with standards and requirements related to trans- porting hazardous material that international authorities adopt. (c) DIFFERENCES WITH INTERNATIONAL STAND- ARDS AND REQUIREMENTS.—This section— (1) does not require the Secretary to pre- scribe a standard or requirement identical to a standard or requirement adopted by an inter- national authority if the Secretary decides the standard or requirement is unnecessary or un- safe; and (2) does not prohibit the Secretary from pre- scribing a safety standard or requirement more stringent than a standard or require- ment adopted by an international authority if the Secretary decides the standard or require- ment is necessary in the public interest. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 778; Pub. L. 109–59, title VII, §§ 7117, 7126, Aug. 10, 2005, 119 Stat. 1902, 1909.)