§ 5121. — Administrative.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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--
(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. 103-
311, title I, Secs. 108, 117(a)(2), Aug. 26, 1994, 108 Stat. 1674,
1678.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5121(a)............................... 49 App.:1808(a) (1st sentence, Jan. 3, 1975, Pub. L. 93-633, Sec.
last sentence words before 109(a) (1st sentence, last sentence
semicolon). words before semicolon), (b), (c), 88
Stat. 2159.
5121(b)............................... 49 App.:1808(b).
5121(c)............................... 49 App.:1808(c).
5121(d)............................... 49 App.:1808(d). Jan. 3, 1975, Pub. L. 93-633, Sec.
109(d), 88 Stat. 2159; Oct. 30, 1984,
Pub. L. 98-559, Sec. 1(a), 98 Stat.
2907; Nov. 16, 1990, Pub. L. 101-615,
Sec. 11, 104 Stat. 3259.
5121(e)............................... 49 App.:1808(e). Jan. 3, 1975, Pub. L. 93-633, Sec.
109(e), 88 Stat. 2159; Oct. 30, 1984,
Pub. L. 98-559, Sec. 1(b), 98 Stat.
2907.
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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.
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.
