49 U.S.C. § 5103 : US Code - Section 5103: General regulatory authority

Search 49 U.S.C. § 5103 : US Code - Section 5103: General regulatory authority

(a) Designating Material as Hazardous. - The Secretary shall
designate material (including an explosive, radioactive material,
infectious substance, flammable or combustible liquid, solid, or
gas, toxic, oxidizing, or corrosive material, and compressed gas)
or a group or class of material as hazardous when the Secretary
determines 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, including
security, of hazardous material in intrastate, interstate, and
foreign commerce. The regulations -
(A) apply to a person who -
(i) transports hazardous material in commerce;
(ii) causes hazardous material to be transported in commerce;
(iii) designs, manufactures, fabricates, inspects, marks,
maintains, reconditions, repairs, or tests a package,
container, or packaging component that is represented, marked,
certified, or sold as qualified for use in transporting
hazardous material in commerce;
(iv) prepares or accepts hazardous material for
transportation in commerce;
(v) is responsible for the safety of transporting hazardous
material in commerce;
(vi) certifies compliance with any requirement under this
chapter; or
(vii) misrepresents whether such person is engaged in any
activity under clause (i) through (vi); and
(B) shall govern safety aspects, including security, 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.
(c) Consultation. - When prescribing a security regulation or
issuing a security order that affects the safety of the
transportation of hazardous material, the Secretary of Homeland
Security shall consult with the Secretary of Transportation.