§ 5112. — Highway routing of hazardous material.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5112]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 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 regulations prescribed under
this chapter. However, the Secretary of Transportation 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, 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;
(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 officials having
jurisdiction over areas of the United States not subject to the
jurisdiction of that State or tribe establishing the designation,
limitation, or requirement and with affected 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 hazardous material
between adjacent areas;
(E) a requirement that a highway routing designation,
limitation, or requirement of one State or Indian tribe affecting
the transportation 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 requirement 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 requirement is not an
unreasonable burden on commerce;
(F) a requirement that establishing a highway routing
designation, limitation, or requirement of a State or Indian tribe
be completed 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 hazardous 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 responsible--
(i) for ensuring that political subdivisions of the State
comply with standards prescribed under this subsection in
establishing, maintaining, and enforcing a highway routing
designation, limitation, or requirement; and
(ii) for resolving a dispute between political subdivisions;
and
(I) a requirement that, in carrying out subsection (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.--In coordination with the States,
the Secretary shall update and publish periodically a list of currently
effective hazardous material highway route designations.
(d) Dispute Resolution.--(1) The Secretary shall prescribe
regulations for resolving a dispute 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 different States, or Indian tribes.
(2) A State or Indian tribe involved in a dispute under this
subsection may petition the Secretary 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 commerce and
shall ensure compliance with standards prescribed under subsection (b)
of this section.
(3)(A) After a petition is filed under this subsection, 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 decision; or
(ii) the last day of the one-year period beginning on the day
the Secretary receives the petition.
(B) A State or Indian tribe adversely affected by a decision of the
Secretary under this subsection may bring a civil action for judicial
review 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 section and regulations
prescribed under this section 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 radioactive material
may and may not be transported by motor vehicles, and limitations and
requirements related to the routing, that were in effect on November 16,
1990.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 769.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5112(a)(1)............................ 49 App.:1804(b)(7). Jan. 3, 1975, Pub. L. 93-633, Sec.
105(b)(1)-(3), (5)-(9), (c), 88 Stat.
2157; restated Nov. 16, 1990, Pub. L.
101-615, Sec. 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).
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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 omitted 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 consistency in
the revised title and with other titles of the United States Code.
In subsection (e), the words ``superseding or otherwise'',
``application of'', ``relating to vehicle weight limitations'', and
``relating to vehicle length and vehicle width limitations,
respectively'' are omitted as surplus.
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 before November 16, 1990, and'' are omitted as
obsolete.
Study of Hazardous Materials Transportation by Motor Carriers Near
Federal Prisons
Pub. L. 103-311, title I, Sec. 121, Aug. 26, 1994, 108 Stat. 1681,
directed Secretary of Transportation to submit to Congress, not later
than 1 year after Aug. 26, 1994, report on results of study to determine
safety considerations of transporting hazardous materials by motor
carriers in close proximity to Federal prisons, particularly those
housing maximum security prisoners, which was to include evaluation of
ability of such facilities and designated local planning agencies to
safely evacuate such prisoners in event of emergency and any special
training, equipment, or personnel that would be required by such
facility and designated local emergency planning agencies to carry out
such evacuation.
Section Referred to in Other Sections
This section is referred to in sections 5117, 5120, 5125 of this
title.
