§5119 — Title 49 Transportation | U.S. Code

Summary

The Secretary must create a working group of State and local officials, including representatives of major state and local government associations and the Alliance for Uniform Hazmat Transportation Procedures. The group’s job is to make uniform forms and steps for States to register and give permits to people who move hazardous materials by truck. The group may not recommend limits on the fees a State can charge or collect. The Secretary must set up a clear process for the group to make recommendations that help align State registration and permit rules while respecting each State’s safety needs. No later than 18 months after this part becomes law, the group must send a report to the Secretary. The Secretary must issue rules within 18 months after getting that report and should consider State needs for the change. A State may choose to join the uniform program before the Secretary issues those rules.

Title 49, §5119

Transportation — Source: USLM XML via OLRC

(a)The Secretary shall establish a working group of State and local government officials, including representatives of the National Governors’ Association, the National Association of Counties, the National League of Cities, the United States Conference of Mayors, the National Conference of State Legislatures, and the Alliance for Uniform Hazmat Transportation Procedures.

(b)The purpose of the working group shall be to develop uniform forms and procedures for a State to register, and to issue permits to, persons that transport, or cause to be transported, hazardous material by motor vehicle in the State.

(c)The working group may not propose to define or limit the amount of a fee a State may impose or collect.

(d)The Secretary shall develop a procedure for the working group to employ in developing recommendations for the Secretary to harmonize existing State registration and permit laws and regulations relating to the transportation of hazardous materials, with special attention paid to each State’s unique safety concerns and interest in maintaining strong hazmat safety standards.

(e)Not later than 18 months after the date of enactment of this subsection, the working group shall transmit to the Secretary a report containing recommendations for establishing uniform forms and procedures described in subsection (b).

(f)Not later than 18 months after the date the working group’s report is delivered to the Secretary, the Secretary shall issue regulations to carry out such recommendations of the working group as the Secretary considers appropriate. In developing such regulations, the Secretary shall consider the State needs associated with the transition to and implementation of a uniform forms and procedures program.

(g)Nothing in this section shall be construed as prohibiting a State from voluntarily participating in a program of uniform forms and procedures until such time as the Secretary issues regulations under subsection (f).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5119(a)49 App.:1819(a).Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 121(a)–(g); added Nov. 16, 1990, Pub. L. 101–615, § 22, 104 Stat. 3271; Oct. 24, 1992, Pub. L. 102–508, § 507, 106 Stat. 3312. 5119(b)49 App.:1819(b), (c). 5119(c)(1)49 App.:1819(d). 5119(c)(2)49 App.:1819(e). 5119(c)(3)49 App.:1819(f). 5119(d)49 App.:1819(g). In subsection (a), before clause (1), the words “As soon as practicable after November 16, 1990” are omitted as obsolete. In subsection (c)(1), the words “Subject to the provisions of this subsection” and “to the Secretary” are omitted as surplus.

Editorial Notes

References in Text

The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.

Amendments

2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to establishment of working group, consultation and reporting,

Regulations

, and relationship to other laws. 1996—Subsec. (b)(2), Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.

§5119 Uniform forms and procedures