49 U.S.C. § 5121 : US Code - Section 5121: Administrative

Search 49 U.S.C. § 5121 : US Code - Section 5121: Administrative

(a) General Authority. - To carry out this chapter, the Secretary
may investigate, conduct tests, make reports, issue subpenas,
conduct hearings, require the production of records and property,
take depositions, and conduct research, development, demonstration,
and training activities. Except as provided in subsections (c) and
(d), after notice and an opportunity for a hearing, the Secretary
may issue an order requiring compliance with this chapter or a
regulation prescribed, or an order, special permit, or approval
issued, under this chapter.
(b) Records, Reports, and Information. - A person subject to this
chapter shall -
(1) maintain records and property, make reports, and provide
information the Secretary by regulation or order requires; and
(2) make the records, property, reports, and information
available for inspection when the Secretary undertakes an
investigation or makes a request.
(c) Inspections and Investigations. -
(1) In general. - A designated officer, employee, or agent of
the Secretary -
(A) may inspect and investigate, at a reasonable time and in
a reasonable manner, records and property relating to a
function described in section 5103(b)(1);
(B) except in the case of packaging immediately adjacent to
its hazardous material contents, may gain access to, open, and
examine a package offered for, or in, transportation when the
officer, employee, or agent has an objectively reasonable and
articulable belief that the package may contain a hazardous
material;
(C) may remove from transportation a package or related
packages in a shipment offered for or in transportation for
which -
(i) such officer, employee, or agent has an objectively
reasonable and articulable belief that the package may pose
an imminent hazard; and
(ii) such officer, employee, or agent contemporaneously
documents such belief in accordance with procedures set forth
in guidance or regulations prescribed under subsection (e);
(D) may gather information from the offeror, carrier,
packaging manufacturer or tester, or other person responsible
for the package, to ascertain the nature and hazards of the
contents of the package;
(E) as necessary, under terms and conditions specified by the
Secretary, may order the offeror, carrier, packaging
manufacturer or tester, or other person responsible for the
package to have the package transported to, opened, and the
contents examined and analyzed, at a facility appropriate for
the conduct of such examination and analysis; and
(F) when safety might otherwise be compromised, may authorize
properly qualified personnel to assist in the activities
conducted under this subsection.
(2) Display of credentials. - An officer, employee, or agent
acting under this subsection shall display proper credentials
when requested.
(3) Safe resumption of transportation. - In instances when, as
a result of an inspection or investigation under this subsection,
an imminent hazard is not found to exist, the Secretary, in
accordance with procedures set forth in regulations prescribed
under subsection (e), shall assist -
(A) in the safe and prompt resumption of transportation of
the package concerned; or
(B) in any case in which the hazardous material being
transported is perishable, in the safe and expeditious
resumption of transportation of the perishable hazardous
material.
(d) Emergency Orders. -
(1) In general. - If, upon inspection, investigation, testing,
or research, the Secretary determines that a violation of a
provision of this chapter, or a regulation prescribed under this
chapter, or an unsafe condition or practice, constitutes or is
causing an imminent hazard, the Secretary may issue or impose
emergency restrictions, prohibitions, recalls, or out-of-service
orders, without notice or an opportunity for a hearing, but only
to the extent necessary to abate the imminent hazard.
(2) Written orders. - The action of the Secretary under
paragraph (1) shall be in a written emergency order that -
(A) describes the violation, condition, or practice that
constitutes or is causing the imminent hazard;
(B) states the restrictions, prohibitions, recalls, or out-of-
service orders issued or imposed; and
(C) describes the standards and procedures for obtaining
relief from the order.
(3) Opportunity for review. - After taking action under
paragraph (1), the Secretary shall provide for review of the
action under section 554 of title 5 if a petition for review is
filed within 20 calendar days of the date of issuance of the
order for the action.
(4) Expiration of effectiveness of order. - If a petition for
review of an action is filed under paragraph (3) and the review
under that paragraph is not completed by the end of the 30-day
period beginning on the date the petition is filed, the action
shall cease to be effective at the end of such period unless the
Secretary determines, in writing, that the imminent hazard
providing a basis for the action continues to exist.
(5) Out-of-service order defined. - In this subsection, the
term "out-of-service order" means a requirement that an aircraft,
vessel, motor vehicle, train, railcar, locomotive, other vehicle,
transport unit, transport vehicle, freight container, potable
tank, or other package not be moved until specified conditions
have been met.
(e) Regulations. -
(1) Temporary regulations. - Not later than 60 days after the
date of enactment of the Hazardous Materials Transportation
Safety and Security Reauthorization Act of 2005, the Secretary
shall issue temporary regulations to carry out subsections (c)
and (d). The temporary regulations shall expire on the date of
issuance of the regulations under paragraph (2).
(2) Final regulations. - Not later than 1 year after such date
of enactment, the Secretary shall issue regulations to carry out
subsections (c) and (d) in accordance with subchapter II of
chapter 5 of title 5.
(f) 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.
(g) Grants and Cooperative Agreements. - The Secretary may enter
into grants and cooperative agreements with a person, agency, or
instrumentality of the United States, a unit of State or local
government, an Indian tribe, a foreign government (in coordination
with the Department of State), an educational institution, or other
appropriate entity -
(1) to expand risk assessment and emergency response
capabilities with respect to the security of transportation of
hazardous material;
(2) to enhance emergency communications capacity as determined
necessary by the Secretary, including the use of integrated,
interoperable emergency communications technologies where
appropriate;
(3) to conduct research, development, demonstration, risk
assessment, and emergency response planning and training
activities; or
(4) to otherwise carry out this chapter.
(h) Report. - The Secretary shall, once every 2 years, prepare
and transmit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate 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 relating to a function regulated by the Secretary
under section 5103(b)(1) 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.