§5105 — Title 49 Transportation | U.S. Code

Summary

The Secretary must study and then make rules to keep shipments of high-level radioactive waste and spent nuclear fuel safe when moved by rail. Working with the Secretary of Energy, the Nuclear Regulatory Commission, any affected States and Indian tribes, rail industry representatives, and shippers, the Secretary must compare the safety of trains used only for this material with other rail methods and send a report to Congress by November 16, 1991. After that study, the Secretary must issue any needed changes to existing rail rules by November 16, 1992, including rules for trains dedicated to carrying this material. The Secretary must also require, by November 16, 1991, that any motor vehicle used to carry a highway-route-controlled quantity of radioactive material be inspected and certified as meeting this chapter and U.S. motor carrier safety laws before each use. The inspection may be done by a federal inspector or under approved state procedures, and the Secretary may allow a qualified carrier employee to inspect and certify the vehicle if they meet the Secretary’s inspector qualification requirements. Definitions: "high-level radioactive waste" and "spent nuclear fuel" mean the same as in the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).

Title 49, §5105

Transportation — Source: USLM XML via OLRC

(a)In this section, “high-level radioactive waste” and “spent nuclear fuel” have the same meanings given those terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).

(b)In consultation with the Secretary of Energy, the Nuclear Regulatory Commission, potentially affected States and Indian tribes, representatives of the rail transportation industry, and shippers of high-level radioactive waste and spent nuclear fuel, the Secretary shall conduct a study comparing the safety of using trains operated only to transport high-level radioactive waste and spent nuclear fuel with the safety of using other methods of rail transportation for transporting that waste and fuel. The Secretary shall submit to Congress not later than November 16, 1991, a report on the results of the study.

(c)Not later than November 16, 1992, after considering the results of the study conducted under subsection (b) of this section, the Secretary shall prescribe amendments to existing regulations that the Secretary considers appropriate to provide for the safe rail transportation of high-level radioactive waste and spent nuclear fuel, including trains operated only for transporting high-level radioactive waste and spent nuclear fuel.

(d)(1)Not later than November 16, 1991, the Secretary shall require by regulation that before each use of a motor vehicle to transport a highway-route-controlled quantity of radioactive material in commerce, the vehicle shall be inspected and certified as complying with this chapter and applicable United States motor carrier safety laws and regulations. The Secretary may require that the inspection be carried out by an authorized United States Government inspector or according to appropriate State procedures.

(2)The Secretary may allow a person, transporting or causing to be transported a highway-route-controlled quantity of radioactive material, to inspect the motor vehicle used to transport the material and to certify that the vehicle complies with this chapter. The inspector qualification requirements the Secretary prescribes for an individual inspecting a motor vehicle apply to an individual conducting an inspection under this paragraph.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5105(a)49 App.:1813(e).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 116(e); added Oct. 24, 1992, Pub. L. 102–508, § 505(2), 106 Stat. 3311. 49 App.:1813 (note).Nov. 16, 1990, Pub. L. 101–615, § 16(e), 104 Stat. 3263. 5105(b)49 App.:1813(a).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 116(a)–(d); added Oct. 30, 1984, Pub. L. 98–559, § 3, 98 Stat. 2907; restated Nov. 16, 1990, Pub. L. 101–615, § 15, 104 Stat. 3261; Oct. 24, 1992, Pub. L. 102–508, § 505(1), 106 Stat. 3311. 5105(c)49 App.:1813(b). 5105(d)49 App.:1813(c). 5105(e)49 App.:1813(d). In subsection (a), section 16(e) of the Hazardous Materials Transportation Uniform Safety Act of 1990 (Public Law 101–615, 104 Stat. 3263) is included to correct a mistake in the source provisions being restated. See section 16(a)(1) of the Act of 1990 (Public Law 101–615, 104 Stat. 3262), stating that the meanings of “high-level radioactive waste” and “spent nuclear fuel” are as defined in 49 App.:1813, as added by section 15 of the Act (104 Stat. 3261). See also Cong. Rec. S16863 (daily ed., Oct. 23, 1990). In subsection (b), the words “Secretary of Energy” are substituted for “Department of Energy” because of 42:7131. In subsection (c), the word “

Regulations

” is substituted for “rule” for consistency in the revised title and with other titles of the United States Code and because “rule” and “regulation” are synonymous. In subsection (d), before clause (1), the words “In combination” are omitted as surplus.

Editorial Notes

Amendments

2005—Subsecs. (b), (c). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall” wherever appearing. Subsec. (d). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall” in par. (1) and “Secretary may” for “Secretary of Transportation may” in par. (2). Pub. L. 109–59, § 7107, redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to a study to be conducted not later than Nov. 16, 1991, to decide which factors, if any, shippers and carriers should consider when selecting routes and modes that would enhance overall public safety related to the transportation of high-level radioactive waste and spent nuclear fuel. Subsec. (e). Pub. L. 109–59, § 7107(2), redesignated subsec. (e) as (d).

§5105 Transporting certain highly radioactive material