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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and December 19, 2002]
[CITE: 46USC3306]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 33--INSPECTION GENERALLY
Sec. 3306. Regulations
(a) To carry out this part and to secure the safety of individuals
and property on board vessels subject to inspection, the Secretary shall
prescribe necessary regulations to ensure the proper execution of, and
to carry out, this part in the most effective manner for-(1) the design, construction, alteration, repair, and operation
of those vessels, including superstructures, hulls, fittings,
equipment, appliances, propulsion machinery, auxiliary machinery,
boilers, unfired pressure vessels, piping, electric installations,
and accommodations for passengers and crew, sailing school
instructors, and sailing school students;
(2) lifesaving equipment and its use;
(3) firefighting equipment, its use, and precautionary measures
to guard against fire;
(4) inspections and tests related to paragraphs (1), (2), and
(3) of this subsection; and
(5) the use of vessel stores and other supplies of a dangerous
nature.
(b)(1) Equipment and material subject to regulation under this
section may not be used on any vessel without prior approval of the
Secretary.
(2) Except with respect to use on a public vessel, the Secretary may
treat an approval of equipment or materials by a foreign government as
approval by the Secretary for purposes of paragraph (1) if the Secretary
determines that-(A) the design standards and testing procedures used by that
government meet the requirements of the International Convention for
the Safety of Life at Sea, 1974;
(B) the approval of the equipment or material by the foreign
government will secure the safety of individuals and property on
board vessels subject to inspection; and
(C) for lifesaving equipment, the foreign government-(i) has given equivalent treatment to approvals of
lifesaving equipment by the Secretary; and
(ii) otherwise ensures that lifesaving equipment approved by
the Secretary may be used on vessels that are documented and
subject to inspection under the laws of that country.
(c) In prescribing regulations for sailing school vessels, the
Secretary shall consult with representatives of the private sector
having experience in the operation of vessels likely to be certificated
as sailing school vessels. The regulations shall-(1) reflect the specialized nature of sailing school vessel
operations, and the character, design, and construction of vessels
operating as sailing school vessels; and
(2) include requirements for notice to sailing school
instructors and sailing school students about the specialized nature

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of sailing school vessels and applicable safety regulations.
(d) In prescribing regulations for nautical school vessels operated
by the United States Merchant Marine Academy or by a State maritime
academy (as defined in section 1302(3) of the Merchant Marine Act, 1936
(46 App. U.S.C. 1295a(3))), the Secretary shall consider the function,
purpose, and operation of the vessels, their routes, and the number of
individuals who may be carried on the vessels.
(e) When the Secretary finds it in the public interest, the
Secretary may suspend or grant exemptions from the requirements of a
regulation prescribed under this section related to lifesaving and
firefighting equipment, muster lists, ground tackle and hawsers, and
bilge systems.
(f) In prescribing regulations for offshore supply vessels, the
Secretary shall consider the characteristics, methods of operation, and
the nature of the service of offshore supply vessels.
(g) In prescribing regulations for fish processing or fish tender
vessels, the Secretary shall consult with representatives of the private
sector having experience in the operation of these vessels. The
regulations shall reflect the specialized nature and economics of fish
processing or fish tender vessel operations and the character, design,
and construction of fish processing or fish tender vessels.
(h) The Secretary shall establish appropriate structural fire
protection, manning, operating, and equipment requirements for vessels
of at least 100 gross tons but less than 300 gross tons as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title carrying not more than 150 passengers on
domestic voyages, which meet the eligibility criteria of section 2113(4)
of this title.
(i) The Secretary shall establish appropriate structural fire
protection, manning, operating, and equipment requirements for former
public vessels of the United States of at least 100 gross tons but less
that 500 gross tons as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title carrying
not more than 150 passengers on domestic voyages, which meet the
eligibility criteria of section 2113(5) of this title.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98-364, title IV,
Sec. 402(5), July 17, 1984, 98 Stat. 446; Pub. L. 103-206, title V,
Sec. 512(a), Dec. 20, 1993, 107 Stat. 2442; Pub. L. 104-324, title VI,
Sec. 604(a), (c), title VII, Sec. 712, Oct. 19, 1996, 110 Stat. 3930,
3931, 3936.)
Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3306.............................. 46:366
46:369
46:375
46:390b
46:392
46:404
46:408
46:411
46:412
46:416
46:420
46:445
46:459
46:473
46:477
46:478

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46:479
46:481
46:482
46:483
46:489
46:526p
46:1295f(c)
-----------------------------------------------------------------------Section 3306 contains broad authority to prescribe regulations for
the proper inspection and certification of vessels. It provides
regulatory flexibility for meeting technological changes. The section
also permits flexibility in prescribing regulations for nautical school
vessels operated by the United States Merchant Marine Academy or by a
State maritime academy. The Secretary may suspend or grant exemptions to
certain limited inspection requirements when the Secretary finds that
this is necessary in the public interest. It also contains the
requirement that in regulating offshore supply vessels consideration
must be given to the special nature of their operations.
Amendments
1996--Subsec. (a)(4). Pub. L. 104-324, Sec. 604(c), substituted
``paragraphs (1), (2), and (3)'' for ``clauses (1)-(3)''.
Subsec. (b). Pub. L. 104-324, Sec. 604(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``Equipment
subject to regulation under this section may not be used on any vessel
without prior approval as prescribed by regulation.''
Subsec. (h). Pub. L. 104-324, Sec. 712(1), inserted ``as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title'' after ``300 gross tons''.
Subsec. (i). Pub. L. 104-324, Sec. 712(2), inserted ``as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title'' after ``500 gross tons''.
1993--Subsecs. (h), (i). Pub. L. 103-206 added subsecs. (h) and (i).
1984--Subsec. (g). Pub. L. 98-364 added subsec. (g).
Regulations
Section 512(b), (c) of Pub. L. 103-206 provided that:
``(b) The Secretary of Transportation shall, within twenty-four
months of the date of enactment of this Act [Dec. 20, 1993], prescribe
regulations establishing the structural fire protection, manning,
operating, and equipment requirements for vessels which meet the
requirements of subsections (h) and (i) of section 3306 of title 46,
United States Code, as amended by this Act.
``(c) Before the Secretary of Transportation prescribes regulations
under subsections (h) and (i) of section 3306 of title 46, United States
Code, as amended by this Act, the Secretary may prescribe the route,
service, manning, and equipment for those vessels based on existing
passenger vessel and small passenger vessel regulations.''
Foreign Approvals
Section 604(b) of Pub. L. 104-324 provided that: ``The Secretary of
Transportation, in consultation with other interested Federal agencies,
shall work with foreign governments to have those governments approve
the use of the same equipment and materials on vessels documented under
the laws of those countries that the Secretary requires on United States
documented vessels.''

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International Convention for Safety of Life at Sea
For International Conventions for the Safety of Life at Sea to which
the United States has been a party, see section 1602 of Title 33,
Navigation and Navigable Waters, and notes thereunder.
Section Referred to in Other Sections
This section is referred to in sections 3313, 3318 of this title.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and December 19, 2002]
[CITE: 46USC3703]
TITLE 46--SHIPPING
Subtitle II--Vessels and Seamen
Part B--Inspection and Regulation of Vessels
CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES
Sec. 3703. Regulations
(a) The Secretary shall prescribe regulations for the design,
construction, alteration, repair, maintenance, operation, equipping,
personnel qualification, and manning of vessels to which this chapter
applies, that may be necessary for increased protection against hazards
to life and property, for navigation and vessel safety, and for enhanced
protection of the marine environment. The Secretary may prescribe
different regulations applicable to vessels engaged in the domestic
trade, and also may prescribe regulations that exceed standards set
internationally. Regulations prescribed by the Secretary under this
subsection are in addition to regulations prescribed under other laws
that may apply to any of those vessels. Regulations prescribed under
this subsection shall include requirements about-(1) superstructures, hulls, cargo holds or tanks, fittings,
equipment, appliances, propulsion machinery, auxiliary machinery,
and boilers;
(2) the handling or stowage of cargo, the manner of handling or
stowage of cargo, and the machinery and appliances used in the
handling or stowage;
(3) equipment and appliances for lifesaving, fire protection,
and prevention and mitigation of damage to the marine environment;
(4) the manning of vessels and the duties, qualifications, and
training of the officers and crew;
(5) improvements in vessel maneuvering and stopping ability and
other features that reduce the possibility of marine casualties;
(6) the reduction of cargo loss if a marine casualty occurs; and
(7) the reduction or elimination of discharges during
ballasting, deballasting, tank cleaning, cargo handling, or other
such activity.
(b) In prescribing regulations under subsection (a) of this section,
the Secretary shall consider the types and grades of cargo permitted to
be on board a tank vessel.
(c) In prescribing regulations under subsection (a) of this section,
the Secretary shall establish procedures for consulting with, and
receiving and considering the views of-(1) interested departments, agencies, and instrumentalities of
the United States Government;
(2) officials of State and local governments;
(3) representatives of port and harbor authorities and
associations;
(4) representatives of environmental groups; and
(5) other interested parties knowledgeable or experienced in
dealing with problems involving vessel safety, port and waterways
safety, and protection of the marine environment.
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 522.)

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Historical and Revision Notes
-----------------------------------------------------------------------Revised section
Source section (U.S. Code)
-----------------------------------------------------------------------3703.............................. 46:391a(6)
46:391a(12)
-----------------------------------------------------------------------Section 3703 requires the Secretary to issue regulations to
implement this section. Specific items are listed to be included within
the regulations issued. The regulatory authority must be exercised under
the Administrative Procedure Act and, in prescribing these regulations,
the Secretary must consider the kinds and grades of cargo carried on
board. Furthermore, in addition to any requirements of the
Administrative Procedure Act, the Secretary must establish specific
consultation procedures for considering the views of various specified
interested officials, groups, and individuals. The procedures are
intended to provide for consultation as early as possible in the
regulatory process.
Studies Addressing Various Sources of Oil Spill Risk
Pub. L. 104-324, title IX, Sec. 903, Oct. 19, 1996, 110 Stat. 3947,
provided that:
``(a) Study of Group-5 Fuel Oil Spills.-``(1) Definition.--In this subsection, the term `group-5 fuel
oil' means a petroleum-based oil that has a specific gravity of
greater than 1.0.
``(2) Coordination of study.--The Secretary of Transportation
shall coordinate with the Marine Board of the National Research
Council to conduct a study of the relative environmental and public
health risks posed by discharges of group-5 fuel oil.
``(3) Matters to be included.--The study under this subsection
shall include a review and analysis of-``(A) the specific risks posed to the public health or
welfare of the United States, including fish, shellfish and
wildlife, public and private property, shorelines, beaches,
habitat, and other natural resources under the jurisdiction or
control of the United States, as a result of an actual or
threatened discharge of group-5 fuel oil from a vessel or
facility;
``(B) cleanup technologies currently available to address
actual or threatened discharge of group-5 fuel oil; and
``(C) any technological and financial barriers that prevent
the prompt remediation of discharges of group-5 fuel oil.
``(4) Report.--Not later than 18 months after the date of
enactment of this Act [Oct. 19, 1996], the Secretary of
Transportation shall submit to the Committee on Environment and
Public Works and the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the
results of the study under this subsection.
``(5) Rulemaking.--If the Secretary of Transportation
determines, based on the results of the study under this subsection,
that there are significant risks to public health or the environment
resulting from the actual or threatened discharge of group-5 fuel
oil from a vessel or facility that cannot be technologically or
economically addressed by existing or anticipated cleanup efforts,
the Secretary may initiate a rulemaking to take such action as is
necessary to abate the threat.
``(b) Study of Automatic Fueling Shutoff Equipment.-``(1) Coordination of study.--The Secretary of Transportation
shall coordinate with the Marine Board of the National Research
Council to conduct a study of the unintentional or accidental

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discharge of fuel oil during lightering or fuel loading or offloading activity.
``(2) Matters to be included.--The study under this subsection
shall include a review and analysis of current monitoring and
fueling practices to determine the need for automatic fuel shutoff
equipment to prevent the accidental discharge of fuel oil, and
whether such equipment is needed as a supplement to or replacement
of existing preventive equipment or procedures.
``(3) Report.--Not later than 18 months after the date of
enactment of this Act [Oct. 19, 1996], the Secretary of
Transportation shall submit to the Committee on Environment and
Public Works and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
results of the study under this subsection.
``(4) Rulemaking.--If the Secretary of Transportation
determines, based on the results of the study conducted under this
subsection, that the use of automatic oil shutoff equipment is
necessary to prevent the actual or threatened discharge of oil
during lightering or fuel loading or off[-]loading activity, the
Secretary may initiate a rulemaking to take such action as is
necessary to abate a threat to public health or the environment.
``(c) Lightering Study.--The Secretary of Transportation shall
coordinate with the Marine Board of the National Research Council on a
study into the actual incidence and risk of oil spills from lightering
operations off the coast of the United States. Among other things, the
study shall address the manner in which existing regulations are serving
to reduce oil spill risks. The study shall take into account current or
proposed international rules and standards and also include
recommendations on measures that would be likely to further reduce the
risks of oil spills from lightering operations. Not later than 18 months
after the date of enactment of this Act [Oct. 19, 1996], the Secretary
shall submit a report on the study to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.''
Existing Tank Vessel Research
Pub. L. 104-324, title XI, Sec. 1134, Oct. 19, 1996, 110 Stat. 3985,
provided that:
``(a) Funding.--The Secretary of Transportation shall take steps to
allocate funds appropriated for research, development, testing, and
evaluation, including the combination of funds from any source available
and authorized for this purpose, to ensure that any Government-sponsored
project intended to evaluate double hull alternatives that provide equal
or greater protection to the marine environment, or interim solutions to
remediate potential environmental damage resulting from oil spills from
existing tank vessels, commenced prior to the date of enactment of this
section [Oct. 19, 1996], is fully funded for completion by the end of
fiscal year 1997. Any vessel construction or repair necessary to carry
out the purpose of this section must be performed in a shipyard located
in the United States.
``(b) Use of Public Vessels.--The Secretary may provide vessels
owned by, or demise chartered to, and operated by the Government and not
engaged in commercial service, without reimbursement, for use in and the
support of projects sponsored by the Government for research,
development, testing, evaluation, and demonstration of new or improved
technologies that are effective in preventing or mitigating oil
discharges and protecting the environment.''
Oil Spill Prevention and Response Technology Test and Evaluation Program
Pub. L. 103-206, title III, Sec. 310, Dec. 20, 1993, 107 Stat. 2425,

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provided that:
``(a) Not later than 6 months after the date of enactment of this
Act [Dec. 20, 1993], the Secretary of Transportation shall establish a
program to evaluate the technological feasibility and environmental
benefits of having tank vessels carry oil spill prevention and response
technology. To implement the program the Secretary shall-``(1) publish in the Federal Register an invitation for
submission of proposals including plans and procedures for testing;
and
``(2) review and evaluate technology using, to the maximum
extent possible, existing evaluation and performance standards.
``(b) The Secretary shall, to the maximum extent possible,
incorporate in the program established in subsection (a), the results of
existing studies and evaluations of oil spill prevention and response
technology carried on tank vessels.
``(c) Not later than 2 years after the date of the enactment of this
Act [Dec. 20, 1993], the Secretary shall evaluate the results of the
program established in subsection (a) and submit a report to Congress
with recommendations on the feasibility and environmental benefits of,
and appropriate equipment and utilization standards for, requiring tank
vessels to carry oil spill prevention and response equipment.
``(d) Not later than 6 months after the date of the enactment of
this Act [Dec. 20, 1993], the Secretary shall evaluate and report to the
Congress on the feasibility of using segregated ballast tanks for
emergency transfer of cargo and storage of recovered oil.''
Regulations Requiring Periodic Gauging of Plating Thickness for Oil
Carrying Commercial Vessels
Pub. L. 101-380, title IV, Sec. 4109, Aug. 18, 1990, 104 Stat. 515,
provided that: ``Not later than 1 year after the date of the enactment
of this Act [Aug. 18, 1990], the Secretary shall issue regulations for
vessels constructed or adapted to carry, or that carry, oil in bulk as
cargo or cargo residue-``(1) establishing minimum standards for plating thickness; and
``(2) requiring, consistent with generally recognized principles
of international law, periodic gauging of the plating thickness of
all such vessels over 30 years old operating on the navigable waters
or the waters of the exclusive economic zone.''
Regulations Requiring Use of Overfill and Tank Level or Monitoring
Devices on Oil Carrying Commercial Vessels
Pub. L. 101-380, title IV, Sec. 4110, Aug. 18, 1990, 104 Stat. 515,
provided that:
``(a) Standards.--Not later than 1 year after the date of the
enactment of this Act [Aug. 18, 1990], the Secretary shall establish, by
regulation, minimum standards for devices for warning persons of
overfills and tank levels of oil in cargo tanks and devices for
monitoring the pressure of oil cargo tanks.
``(b) Use.--Not later than 1 year after the date of the enactment of
this Act [Aug. 18, 1990], the Secretary shall issue regulations
establishing, consistent with generally recognized principles of
international law, requirements concerning the use of-``(1) overfill devices, and
``(2) tank level or pressure monitoring devices,
which are referred to in subsection (a) and which meet the standards
established by the Secretary under subsection (a), on vessels
constructed or adapted to carry, or that carry, oil in bulk as cargo or
cargo residue on the navigable waters and the waters of the exclusive
economic zone.''

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Tanker Navigation Safety Standards Study
Pub. L. 101-380, title IV, Sec. 4111, Aug. 18, 1990, 104 Stat. 515,
directed Secretary, not later than 2 years after Aug. 18, 1990, to
conduct a study and report to Congress on whether existing laws and
regulations are adequate to ensure safe navigation of vessels
transporting oil or hazardous substances in bulk on navigable waters and
waters of the exclusive economic zone.
Rules Governing Operation of Vessels on Auto-Pilot or With Unattended
Engine Room
Pub. L. 101-380, title IV, Sec. 4114(a), Aug. 18, 1990, 104 Stat.
517, provided that: ``In order to protect life, property, and the
environment, the Secretary shall initiate a rulemaking proceeding within
180 days after the date of the enactment of this Act [Aug. 18, 1990] to
define the conditions under, and designate the waters upon, which tank
vessels subject to section 3703 of title 46, United States Code, may
operate in the navigable waters with the auto-pilot engaged or with an
unattended engine room.''
Regulations Requiring Escorts for Certain Tankers; ``Tanker'' Defined
Pub. L. 101-380, title IV, Sec. 4116(c), (d), Aug. 18, 1990, 104
Stat. 523, provided that:
``(c) Escorts for Certain Tankers.--Not later than 6 months after
the date of the enactment of this Act [Aug. 18, 1990], the Secretary
shall initiate issuance of regulations under section 3703(a)(3) of title
46, United States Code, to define those areas, including Prince William
Sound, Alaska, and Rosario Strait and Puget Sound, Washington (including
those portions of the Strait of Juan de Fuca east of Port Angeles, Haro
Strait, and the Strait of Georgia subject to United States
jurisdiction), on which single hulled tankers over 5,000 gross tons
transporting oil in bulk shall be escorted by at least two towing
vessels (as defined under section 2101 of title 46, United States Code)
or other vessels considered appropriate by the Secretary.
``(d) Tanker Defined.--In this section [amending section 8502 of
this title] the term `tanker' has the same meaning the term has in
section 2101 of title 46, United States Code.''
Section Referred to in Other Sections
This section is referred to in title 42 section 7511b.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and December 19, 2002]
[CITE: 49USC5103]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5103. General regulatory authority
(a) Designating Material as Hazardous.--The Secretary of
Transportation shall designate material (including an explosive,
radioactive material, etiologic agent, flammable or combustible liquid
or solid, poison, oxidizing or corrosive material, and compressed gas)
or a group or class of material as hazardous when the Secretary decides
that transporting the material in commerce in a particular amount and
form may pose an unreasonable risk to health and safety or property.
(b) Regulations for Safe Transportation.--(1) The Secretary shall
prescribe regulations for the safe transportation of hazardous material
in intrastate, interstate, and foreign commerce. The regulations-(A) apply to a person-(i) transporting hazardous material in commerce;
(ii) causing hazardous material to be transported in
commerce; or
(iii) manufacturing, fabricating, marking, maintaining,
reconditioning, repairing, or testing a packaging or a container
that is represented, marked, certified, or sold by that person
as qualified for use in transporting hazardous material in
commerce; and
(B) shall govern safety aspects of the transportation of
hazardous material the Secretary considers appropriate.
(2) A proceeding to prescribe the regulations must be conducted
under section 553 of title 5, including an opportunity for informal oral
presentation.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103311, title I, Sec. 117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L.
103-429, Sec. 6(3), Oct. 31, 1994, 108 Stat. 4378.)
Historical and Revision Notes
Pub. L. 103-272
-----------------------------------------------------------------------------------Revised Section
Source (U.S. Code)
Sour
-----------------------------------------------------------------------------------5103(a)............................... 49 App.:1803.
Jan. 3, 197
104, 88 St
5103(b)............................... 49 App.:1804(a) (1)-(3).
Jan. 3, 197
105(a)(1)Nov. 16, 1
4, 104 Sta
-----------------------------------------------------------------------------------In subsection (a), the words ``such quantity and form of material''
and ``in his discretion'' are omitted as surplus.
In subsection (b)(1), before clause (A), the words ``in accordance
with section 553 of title 5'' are omitted because 5:553 applies unless
otherwise stated. In clause (A)(i), the words ``hazardous material in

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commerce'', and in clause (A)(ii), the words ``hazardous material . . .
in commerce'', are added for consistency in this chapter.
Pub. L. 103-429
This amends 49:5103(b)(2) to clarify the restatement of 49
App.:1804(a)(2) by section 1 of the Act of July 5, 1994 (Public Law 103272, 108 Stat. 761).
Amendments
1994--Subsec. (b)(1)(A)(iii). Pub. L. 103-311 substituted ``a
packaging or a'' for ``a package or''.
Subsec. (b)(2). Pub. L. 103-429 substituted ``be conducted under
section 553 of title 5, including'' for ``include'' and ``presentation''
for ``presentations''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9
of Pub. L. 103-429, set out as a note under section 321 of this title.
Safe Placement of Train Cars
Section 111 of Pub. L. 103-311 provided that: ``The Secretary of
Transportation shall conduct a study of existing practices regarding the
placement of cars on trains, with particular attention to the placement
of cars that carry hazardous materials. In conducting the study, the
Secretary shall consider whether such placement practices increase the
risk of derailment, hazardous materials spills, or tank ruptures or have
any other adverse effect on safety. The results of the study shall be
submitted to Congress within 1 year after the date of enactment of this
Act [Aug. 26, 1994].''
Fiber Drum Packaging
Pub. L. 104-88, title IV, Sec. 406, Dec. 29, 1995, 109 Stat. 957,
provided that:
``(a) In General.--In the administration of chapter 51 of title 49,
United States Code, the Secretary of Transportation shall issue a final
rule within 60 days after the date of the enactment of this Act [Dec.
29, 1995] authorizing the continued use of fiber drum packaging with a
removable head for the transportation of liquid hazardous materials with
respect to those liquid hazardous materials transported by such drums
pursuant to regulations in effect on September 30, 1991, if-``(1) the packaging is in compliance with regulations of the
Secretary under the Hazardous Materials Transportation Act [former
49 U.S.C. 1801 et seq.] as in effect on September 30, 1991; and
``(2) the packaging will not be used for the transportation of
hazardous materials that include materials which are poisonous by
inhalation or materials in Packing Groups I and II.
``(b) Expiration.--The regulation referred to in subsection (a)
shall expire on the later of September 30, 1997, or the date on which
funds are authorized to be appropriated to carry out chapter 51 of title
49, United States Code (relating to transportation of hazardous
materials), for fiscal years beginning after September 30, 1997.
``(c) Study.-``(1) In general.--Within 90 days after the date of the
enactment of this Act [Dec. 29, 1995], the Secretary shall contract
with the National Academy of Sciences to conduct a study--

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``(A) to determine whether the requirements of section
5103(b) of title 49, United States Code (relating to regulations
for safe transportation), as they pertain to fiber drum
packaging with a removable head can be met for the
transportation of liquid hazardous materials (with respect to
those liquid hazardous materials transported by such drums
pursuant to regulations in effect on September 30, 1991) with
standards (including fiber drum industry standards set forth in
a June 8, 1992, exemption application submitted to the
Department of Transportation), other than the performanceoriented packaging standards adopted under docket number HM-181
contained in part 178 of title 49, Code of Federal Regulations;
and
``(B) to determine whether a packaging standard (including
such fiber drum industry standards), other than such
performance-oriented packaging standards, will provide an equal
or greater level of safety for the transportation of liquid
hazardous materials than would be provided if such performanceoriented packaging standards were in effect.
``(2) Completion.--The study shall be completed before March 1,
1997 and shall be transmitted to the Committee on Commerce, Science,
and Transportation of the Senate and the Transportation and
Infrastructure Committee of the House of Representatives.
``(d) Secretarial Action.--By September 30, 1997, the Secretary
shall issue final regulations to determine what standards should apply
to fiber drum packaging with a removable head for transportation of
liquid hazardous materials (with respect to those liquid hazardous
materials transported by such drums pursuant to regulations in effect on
September 30, 1991) after September 30, 1997. In issuing such
regulations, the Secretary shall give full and substantial consideration
to the results of the study conducted in subsection (c).''
Section 122 of Pub. L. 103-311 provided that:
``(a) Initiation of Rulemaking Proceeding.--Not later than the 60th
day following the date of enactment of this Act [Aug. 26, 1994], the
Secretary of Transportation shall initiate a rulemaking proceeding to
determine whether the requirements of section 5103(b) of title 49,
United States Code (relating to regulations for safe transportation), as
they pertain to open head fiber drum packaging can be met for the
domestic transportation of liquid hazardous materials (with respect to
those classifications of liquid hazardous materials transported by such
drums pursuant to regulations in effect on September 30, 1991) with
standards other than the performance-oriented packaging standards
adopted under docket number HM-181 contained in part 178 of title 49,
Code of Federal Regulations.
``(b) Issuance of Standards.--If the Secretary of Transportation
determines, as a result of the rulemaking proceeding initiated under
subsection (a), that a packaging standard other than the performanceoriented packaging standards referred to in subsection (a) will provide
an equal or greater level of safety for the domestic transportation of
liquid hazardous materials than would be provided if such performanceoriented packaging standards were in effect, the Secretary shall issue
regulations which implement such other standard and which take effect
before October 1, 1996.
``(c) Completion of Rulemaking Proceeding.--The rulemaking
proceeding initiated under subsection (a) shall be completed before
October 1, 1995.
``(d) Limitations.-``(1) The provisions of subsections (a), (b), and (c) shall not
apply to packaging for those hazardous materials regulated by the
Department of Transportation as poisonous by inhalation under
chapter 51 of title 49, United States Code.
``(2) Nothing in this section shall be construed to prohibit the
Secretary of Transportation from issuing or enforcing regulations
for the international transportation of hazardous materials.''

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Section Referred to in Other Sections
This section is referred to in sections 5102, 5117, 5120, 5125,
31101, 31132, 31136, 31301, 31310, 40113 of this title; title 8 section
1288; title 46 section 2101.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and December 19, 2002]
[CITE: 49USC5106]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5106. Handling criteria
The Secretary of Transportation may prescribe criteria for handling
hazardous material, including-(1) a minimum number of personnel;
(2) minimum levels of training and qualifications for personnel;
(3) the kind and frequency of inspections;
(4) equipment for detecting, warning of, and controlling risks
posed by the hazardous material;
(5) specifications for the use of equipment and facilities used
in handling and transporting the hazardous material; and
(6) a system of monitoring safety procedures for transporting
the hazardous material.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 763.)
Historical and Revision Notes
-----------------------------------------------------------------------------------Revised Section
Source (U.S. Code)
Sour
-----------------------------------------------------------------------------------5106.................................. 49 App.:1805(a).
Jan. 3, 197
106(a), 88
-----------------------------------------------------------------------------------Before clause (1), the text of 49 App.:1805(a) (last sentence) is
omitted as being included in ``prescribe''. In clause (4), the words
``to be used'' are omitted as surplus. In clause (6), the word
``assurance'' is omitted as surplus.
Section Referred to in Other Sections
This section is referred to in section 5107 of this title; title 8
section 1288.

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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
January 2, 2001 and December 19, 2002]
[CITE: 49USC5121]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5121. Administrative
(a) General Authority.--To carry out this chapter, the Secretary of
Transportation may investigate, make reports, issue subpenas, conduct
hearings, require the production of records and property, take
depositions, and conduct research, development, demonstration, and
training activities. After notice and an opportunity for a hearing, the
Secretary may issue an order requiring compliance with this chapter or a
regulation prescribed under this chapter.
(b) Records, Reports, and Information.--A person subject to this
chapter shall-(1) maintain records, make reports, and provide information the
Secretary by regulation or order requires; and
(2) make the records, reports, and information available when
the Secretary requests.
(c) Inspection.--(1) The Secretary may authorize an officer,
employee, or agent to inspect, at a reasonable time and in a reasonable
way, records and property related to-(A) manufacturing, fabricating, marking, maintaining,
reconditioning, repairing, testing, or distributing a packaging or a
container for use by a person in transporting hazardous material in
commerce; or
(B) the transportation of hazardous material in commerce.
(2) An officer, employee, or agent under this subsection shall
display proper credentials when requested.
(d) Facility, Staff, and Reporting System on Risks, Emergencies, and
Actions.--(1) The Secretary shall-(A) maintain a facility and technical staff sufficient to
provide, within the United States Government, the capability of
evaluating a risk related to the transportation of hazardous
material and material alleged to be hazardous;
(B) maintain a central reporting system and information center
capable of providing information and advice to law enforcement and
firefighting personnel, other interested individuals, and officers
and employees of the Government and State and local governments on
meeting an emergency related to the transportation of hazardous
material; and
(C) conduct a continuous review on all aspects of transporting
hazardous material to decide on and take appropriate actions to
ensure safe transportation of hazardous material.
(2) Paragraph (1) of this subsection does not prevent the Secretary
from making a contract with a private entity for use of a supplemental
reporting system and information center operated and maintained by the
contractor.
(e) Report.--The Secretary shall, once every 2 years, prepare and
submit to the President for transmittal to the Congress a comprehensive
report on the transportation of hazardous materials during the preceding
2 calendar years. The report shall include--

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(1) a statistical compilation of accidents and casualties
related to the transportation of hazardous material;
(2) a list and summary of applicable Government regulations,
criteria, orders, and exemptions;
(3) a summary of the basis for each exemption;
(4) an evaluation of the effectiveness of enforcement activities
and the degree of voluntary compliance with regulations;
(5) a summary of outstanding problems in carrying out this
chapter in order of priority; and
(6) recommendations for appropriate legislation.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 779; Pub. L. 103311, title I, Secs. 108, 117(a)(2), Aug. 26, 1994, 108 Stat. 1674,
1678.)
Historical and Revision Notes
-----------------------------------------------------------------------------------Revised Section
Source (U.S. Code)
Sour
-----------------------------------------------------------------------------------5121(a)............................... 49 App.:1808(a) (1st sentence,
Jan. 3, 197
last sentence words before
109(a) (1s
semicolon).
words befo
Stat. 2159
5121(b)............................... 49 App.:1808(b).
5121(c)............................... 49 App.:1808(c).
5121(d)............................... 49 App.:1808(d).
Jan. 3, 197
109(d), 88
Pub. L. 98
2907; Nov.
Sec. 11,
5121(e)............................... 49 App.:1808(e).
Jan. 3, 197
109(e), 88
Pub. L. 98
2907.
-----------------------------------------------------------------------------------In subsection (a), the words ``to the extent necessary . . . his
responsibilities under'' and ``relevant'' are omitted as surplus. The
word ``documents'' is omitted as being included in ``records''. The
words ``directly or indirectly'' are omitted as surplus. The word
``prescribed'' is substituted for ``issued'' for consistency in the
revised title and with other titles of the United States Code.
In subsection (b), before clause (1), the words ``requirements
under'' are omitted as surplus. In clause (1), the words ``establish
and'' are omitted as surplus. The word ``requires'' is substituted for
``prescribe'' for clarity and consistency.
In subsection (c)(1), before clause (A), the words ``enter upon . .
. and examine'' and ``of persons to the extent such records and
properties'' are omitted as surplus. In clause (B), the words ``or
shipment by any person'' are omitted as surplus.
In subsection (d)(1), before clause (A), the words ``establish and''
are omitted as executed. In clause (B), the words ``capable of'' are
substituted for ``so as to be able to'' to eliminate unnecessary words.
The words ``technical and other'' and ``of communities'' are omitted as
surplus. The words ``and employees'' are added for consistency in the
revised title and with other titles of the Code. In clause (C), the
words ``in order'' and ``to be able to'' are omitted as surplus.
In subsection (e), before clause (1), the words ``prepare and'' and
``comprehensive'' are omitted as surplus. In clause (1), the word
``thorough'' is omitted as surplus. In clause (2), the words ``in
effect'' are omitted as surplus. In clause (3), the words ``granted or
maintained'' are omitted as surplus. In clause (6), the words
``additional . . . as are deemed necessary or'' are omitted as surplus.

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Amendments

1994--Subsec. (c)(1)(A). Pub. L. 103-311, Sec. 117(a)(2),
substituted ``a packaging or a'' for ``a package or''.
Subsec. (e). Pub. L. 103-311, Sec. 108, substituted ``Report'' for
``Annual Report'' in heading and substituted first sentence for former
first sentence which read as follows: ``The Secretary shall submit to
the President, for submission to Congress, not later than June 15th of
each year, a report about the transportation of hazardous material
during the prior calendar year.''
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in which the
8th item on page 135 identifies a requirement to transmit reports to
Congress under a provision which, as subsequently amended, is contained
in subsec. (e) of this section), see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money and
Finance.
Toll Free Number for Reporting
Section 116 of Pub. L. 103-311 provided that: ``The Secretary of
Transportation shall designate a toll free telephone number for
transporters of hazardous materials and other individuals to report to
the Secretary possible violations of chapter 51 of title 49, United
States Code, or any order or regulation issued under that chapter.''
Section Referred to in Other Sections
This section is referred to in section 5710 of this title.

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