§5112 — Title 49 Transportation | U.S. Code

Summary

Lets States and Indian tribes set and enforce highway routes and rules for motor vehicles that are carrying hazardous materials that require placards. The Secretary may extend these rules to other vehicles if needed. States and tribes may pick which highways can or cannot be used and add limits or requirements, unless subsection (d) or section 5125(c) say otherwise. The Secretary must write rules for how States and tribes make those route plans. The rules must protect public safety, let the public comment, require talks with nearby jurisdictions and industry, keep routes between adjacent areas open, and make sure a route that affects another State or tribe is agreed to by that other State or tribe or approved by the Secretary and is not an unreasonable burden on commerce. The rules must be made quickly, allow reasonable access to terminals, fuel, repairs, rest, and loading/unloading, and make the State responsible for local compliance and disputes. States and tribes must consider 12 factors (like population, highway types, material type and amount, emergency response, risk, terrain, route continuity, alternate routes, effects on commerce, and delays). The Secretary may not tell States how to weight those factors. The Secretary will keep a current list of route designations and States must tell the Secretary which agency is responsible and submit their route list at least once every 2 years and not later than 60 days after a change. The Secretary must have rules to resolve disputes and must decide petitions within one year; court challenges are limited until that time and must be filed within 89 days after a final decision. Sections 31111, 31113, and section 127 of title 23 are not changed. The Secretary does not have to redo routing rules for radioactive material that were in effect on November 16, 1990.

Title 49, §5112

Transportation — Source: USLM XML via OLRC

(a)(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 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)(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)(1)In coordination with the States, the Secretary shall update and publish periodically a list of currently effective hazardous material highway route designations.

(2)(A)Each State shall submit to the Secretary, in a form and manner to be determined by the Secretary and in accordance with subparagraph (B)—

(i)the name of the State agency responsible for hazardous material highway route designations; and

(ii)a list of the State’s currently effective hazardous material highway route designations.

(B)Each State shall submit the information described in subparagraph (A)(ii)—

(i)at least once every 2 years; and

(ii)not later than 60 days after a hazardous material highway route designation is established, amended, or discontinued.

(d)(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)This section and regulations prescribed under this section do not affect section 31111 and 31113 of this title or section 127 of title 23.

(f)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5112(a)(1)49 App.:1804(b)(7).Jan. 3, 1975, Pub. L. 93–633, § 105(b)(1)–(3), (5)–(9), (c), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, § 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.

Editorial Notes

Amendments

2012—Subsec. (c). Pub. L. 112–141 designated existing provisions as par. (1), inserted heading, and added par. (2). 2005—Subsec. (a)(1). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. Study of Hazardous Materials Transportation by Motor Carriers Near Federal Prisons Pub. L. 103–311, title I, § 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.

§5112 Highway Routing of Hazardous Material