165 



Sec. 



1801. 



1802. 



1803. 



1804. 



27. Hazardous Materials Transportation Act 

 49 U.S.C. 1801-1812 



Congressional declaration of policy. 

 Definitions. 



Designation of hazardous materials. 

 Regulations governing transportation of hazard, 

 ous materials. 



(a) General. 



(b) Cooperation. 



(c) Representation. 



1805. Handling of hazardous materials. 



(a) Criteria. 



(b) Registration. 



(c) Requirement. 



1806. Exemptions. 



(a) General. 



(b) Vessels. 



(c) Firearms and ammunitions. 



(d) Limitation on authority. 



1807. Transportation of radioactive materials on passen- 



ger-carrying aircraft. 



(a) General. 



(b) Definition. 



1808. Powers and duties of Secretary. 



(a) General. 



(b) Records. 



(c) Inspection. 



(d) Facilities and duties. 



(e) Annual report. 



1809. Penalties. 



(a) Civil. 



(b) Criminal. 



1810. Specific Relief 



(a) General 



(b) Imminent hazard. 



1811. Relationship to otlier laws. 



(a) General. 



(b) State laws. 



(c) Other Federal laws. 



1812. Authorization of appropriations. 



§ 1801. Congressional declaration of policy. 



It is declared to be the policy of Congress in this 

 chapter to improve the regulatory and enforcement 

 authority of the Secretary of Transportation to pro- 

 tect the Nation adequately against the risks to life 

 and property which are inherent in the transporta- 

 tion of hazardous materials in commerce. (Pub. L. 

 93-633, Utle I. § 102. Jan. 3, 1975, 88 Stat. 2156.) 



§ 1802. Definitions. 



As used in this chapter, the term— 



( 1 ) "commerce" means trade, traffic, commerce, 

 or transportation, within the jurisdiction of the 

 United States (A) between a place in a State and 

 any place outside of such State, or (B) which af- 

 fects trade, traffic, commerce, or transportation 

 described in clause (A) ; 



(2) "hazardous material" means a substance or 

 material in a quantity and form which may pose 

 an unreasonable risk to health and safety or prop- 

 erty when transported in commerce; 



(3) "Secretary" means the Secretary of Trans- 

 portation, or his delegate r 



(4) "serious hann" means death, serious illness, 

 or severe personal injury; 



(5) "State" means a State of the United States, 

 the District of Columbia, the Commonwealth of 



" Puerto Rico, the Virgin Islands. American Samoa, 

 or Guam; 



(6) "transports" or "transportation" means any 

 movement of prof>erty by any mode, and any load- 

 ing, unloading, or storage incidental thereto: and 



(7) "United States" means all of the States. 

 (Pub. L. 93-633, title I. § 103, Jan. 3. 1975. 88 Stat. 

 2156.) 



References in Text 

 "This chapter", referred to In te.xt. read "this title" In 

 the original, meaning title I of Pub. L. 93-633. the Haz- 

 ardous Materials Transportation Act. For classification of 

 title I of Pub. L. 93-633 in the Code, see Short Title note 

 under section 1801 of this title. 



Effective Date, Continuance op F>rior Provisions; Two 

 Year Limitation After Jan. 3. 1975, for Arrange- 

 ments. iNCt.UDiNC LiCENsrs, ETC. TO CoJTPi.v wini Pub. 

 L. 93-633; Pending Proceedings Unaffected. 

 Section effective Jan. 3. 1975, except as otherwise pro- 

 vided, se section 114 of P>ub. L. 93-633. set out as a note 

 under section 1801 of this title. 



§ 1803. Designation of hazardous materials. 



Upon a finding by the Secretary, in his discretion, 

 that 'the transportation of a particular quantity and 

 form of material in commerce may pose .an unrea- 

 sonable risk to health and safety or property, he 

 shall designate such quantity and form of material 

 or group or class of such materials as a hazardous 

 material. The materials so designated may include, 

 but are not limited to. explosives, radioactive ma- 

 terials, etiologlc agents, flammable liquids or solids, 

 combustible liquids or solids, poisons, oxidizing or 

 corrosive materials, and compressed gases. 'Pub. L. 

 93-633, title I. S 104, Jan. 3, 1975. 88 Stat. 2156.) 



Effective Date; Continuance of Prior Provisions; Two 

 Year Limitation After Jan. 3. 1975, for Arrangf- 

 MENrs. Including Licenses, Etc. to Comply with 

 Pub. L. 93-633; Pending Proceedings Unaffected. 

 Section effective Jan. 3, 1975, except as otherwise pro- 

 vided, see section 114 of Pub. L. 93-633. set out as a note 

 under section 1801 of this title. 



§ 1804. Regulations governing transportation of haz- 

 ardous materials. 



(a) General. 



The Secretary may issue, in accordance with the 

 provisions of section 553 of Title 5 including an 

 opportunity for informal oral presentation, regu- 

 lations for the safe transportation in commerce of 

 hazardous materials. Such regulations shall be ap- 

 plicable to any person who transports, or causes to 

 be transported or shipped, a hazardous material, 

 or who manufactures, fabricates, marks, maintains, 

 reconditions, repairs, or tests a package or con- 

 tainer which is represented, marked, certified, or 

 sold by such person for use in the transportation in 

 commerce of certain hazardous materials. Such reg- 

 ulations may govern any safety aspect of the trans- 

 portation of hazardous materials which the Secre- 

 tary deems necessary or appropriate, including, but 

 not limited to, the packing, repacking, handling. 



