§5120 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation must join international groups that set mandatory rules for moving hazardous materials in international trade, following guidance from the Secretary of State. The Secretary may work with other authorities so U.S. rules under sections 5103(b), 5104, 5110, and 5112 line up with those standards when practical, but does not have to adopt rules judged unnecessary or unsafe and may set stricter rules to protect the public.

Title 49, §5120

Transportation — Source: USLM XML via OLRC

(a)Subject to guidance and direction from the Secretary of State, the Secretary of Transportation shall participate in international forums that establish or recommend mandatory standards and requirements for transporting hazardous material in international commerce.

(b)The Secretary may consult with interested authorities to ensure that, to the extent practicable, regulations the Secretary prescribes under section 5103(b), 5104, 5110, and 5112 of this title are consistent with standards and requirements related to transporting hazardous material that international authorities adopt.

(c)This section—

(1)does not require the Secretary to prescribe a standard or requirement identical to a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is unnecessary or unsafe; and

(2)does not prohibit the Secretary from prescribing a safety standard or requirement more stringent than a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is necessary in the public interest.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5120(a)49 App.:1804(d)(1).Jan. 3, 1975, Pub. L. 93–633, § 105(d), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615 § 4, 104 Stat. 3252. 5120(b)49 App.:1804(d)(2) (1st sentence). 5120(c)49 App.:1804(d)(2) (last sentence).

Editorial Notes

Amendments

2005—Subsec. (b). Pub. L. 109–59, § 7126, substituted “Secretary may” for “Secretary of Transportation may”. Pub. L. 109–59, § 7117(a), inserted “and requirements” after “standards”. Subsec. (c)(1). Pub. L. 109–59, § 7126, substituted “Secretary to prescribe” for “Secretary of Transportation to prescribe”. Pub. L. 109–59, § 7117(b)(1), inserted “or requirement” after “standard” wherever appearing. Subsec. (c)(2). Pub. L. 109–59, § 7117(b)(2), struck out “included in a standard” before “adopted” and inserted “standard or” before “requirement” wherever appearing.

§5120 International uniformity of standards and requirements