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

    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.''


                     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.
