Title 6 — Domestic SecurityRelease 119-73not60

§1203 Hazardous Materials Highway Routing

Title 6 › Chapter 4— TRANSPORTATION SECURITY › Subchapter IV— SURFACE TRANSPORTATION SECURITY › Part D— Hazardous Material and Pipeline Security › § 1203

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Transportation must, within 1 year after August 3, 2007, map current and proposed truck routes that carry radioactive and other hazardous materials and create a plan for a GIS-based national route registry. The Secretary must also study those routes to find measurable safety and security criteria, check how U.S., Canadian, and Mexican routing rules differ, gather safety and security concerns from the public and governments, write guidance for State officials consistent with the 13 safety-based nonradioactive routing criteria and the radioactive routing rules in 49 CFR part 397 subpart C, build a tool to let State officials test routes and possible fixes, and send a report to Congress with actions taken and any recommended changes to part 397. Also within that 1-year period, the Secretary must compare accidents and their severity for explosives and radioactive shipments that have required route plans versus those that do not, and must estimate the safety and security benefits, feasibility, and costs of forcing motor carriers with hazardous material safety permits (under 49 CFR part 385) to keep, follow, and carry route plans that meet 49 CFR 397.101 when hauling the materials listed in 49 CFR 385.403, taking into account different carrier types. The Secretary must report those findings to Congress and may require such carriers to use route plans if the review shows it improves safety and security without unreasonable cost or burden.

Full Legal Text

Title 6, §1203

Domestic Security — Source: USLM XML via OLRC

(a)Not later than 1 year after August 3, 2007, the Secretary of Transportation, in consultation with the Secretary, shall—

(1)document existing and proposed routes for the transportation of radioactive and nonradioactive hazardous materials by motor carrier, and develop a framework for using a geographic information system-based approach to characterize routes in the national hazardous materials route registry;

(2)assess and characterize existing and proposed routes for the transportation of radioactive and nonradioactive hazardous materials by motor carrier for the purpose of identifying measurable criteria for selecting routes based on safety and security concerns;

(3)analyze current route-related hazardous materials regulations in the United States, Canada, and Mexico to identify cross-border differences and conflicting regulations;

(4)document the safety and security concerns of the public, motor carriers, and State, local, territorial, and tribal governments about the highway routing of hazardous materials;

(5)prepare guidance materials for State officials to assist them in identifying and reducing both safety concerns and security risks when designating highway routes for hazardous materials consistent with the 13 safety-based nonradioactive materials routing criteria and radioactive materials routing criteria in subpart C part 397 of title 49, Code of Federal Regulations;

(6)develop a tool that will enable State officials to examine potential routes for the highway transportation of hazardous materials, assess specific security risks associated with each route, and explore alternative mitigation measures; and

(7)transmit to the appropriate congressional committees a report on the actions taken to fulfill paragraphs (1) through (6) and any recommended changes to the routing requirements for the highway transportation of hazardous materials in part 397 of title 49, Code of Federal Regulations.

(b)(1)Not later than 1 year after August 3, 2007, the Secretary of Transportation shall complete an assessment of the safety and national security benefits achieved under existing requirements for route plans, in written or electronic format, for explosives and radioactive materials. The assessment shall, at a minimum—

(A)compare the percentage of Department of Transportation recordable incidents and the severity of such incidents for shipments of explosives and radioactive materials for which such route plans are required with the percentage of recordable incidents and the severity of such incidents for shipments of explosives and radioactive materials not subject to such route plans; and

(B)quantify the security and safety benefits, feasibility, and costs of requiring each motor carrier that is required to have a hazardous material safety permit under part 385 of title 49, Code of Federal Regulations, to maintain, follow, and carry such a route plan that meets the requirements of section 397.101 of that title when transporting the type and quantity of hazardous materials described in section 385.403, taking into account the various segments of the motor carrier industry, including tank truck, truckload and less than truckload carriers.

(2)Not later than 1 year after August 3, 2007, the Secretary of Transportation shall submit a report to the appropriate congressional committees containing the findings and conclusions of the assessment.

(c)The Secretary shall require motor carriers that have a hazardous material safety permit under part 385 of title 49, Code of Federal Regulations, to maintain, follow, and carry a route plan, in written or electronic format, that meets the requirements of section 397.101 of that title when transporting the type and quantity of hazardous materials described in section 385.403 if the Secretary determines, under the assessment required in subsection (b), that such a requirement would enhance security and safety without imposing unreasonable costs or burdens upon motor carriers.

Reference

Citations & Metadata

Citation

6 U.S.C. § 1203

Title 6 — Domestic Security

Last Updated

Apr 3, 2026

Release point: 119-73not60