
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
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.
                                                                          101-6
15, 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).
-------------------------------------------------------------------------------
---------------------------------

    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.
