166 



labeling, marking, placarding, and routing 'other 

 than with respect to pipelines) of hazardous mate- 

 rials, and the manufacture, fabrication, marking, 

 maintenance, reconditioning, repairing, or testing of 

 a package or container which is represented, 

 marked, certified, or sold by such person for use in 

 the transportation of certain hazardous materials. 



(b) Cooperation. 



In addition to other applicable requirements, the 

 Secretar.'- .<;hall consult and coop>erate v.ith represen- 

 tatives of the Interstate Commerce Commission and 

 shall consider any relevant suggestions made by 

 such Commission, before issuing any regulation 

 with respect to tne routing of hazardous materials. 

 Such Commission shall, to the extent of its lawful 

 authority, take such action as is necessary or appro- 

 priate to implement any such regulation. 



(c) Representation. 



No person shall, by marking or othei-unse. repre- 

 sent that a container or package fcr the t'ansporta- 

 tion of hazardous materials is safe, certified, or in 

 compliance with the reqiurements of this Act, imless 

 it meets the requu-eraents of all applicable regula- 

 tions issued unaer this Act. 'Pub. L. 93-633. title I, 

 i 105. Jan. 3. 1975. 88 Stat. 2157.) 



Refebences rM Text 

 "This Act", referred to in text, means Pub. L. 93-633. 

 the Transportation Safety Act of 1974. For classification 

 of Pub. L. 93-653 to this Code, see Short Title note under 

 section 1801 of this title. 



Effective D.^tx; CoNTiNt-.vJccr of Phioe Provisions; Two 

 Yeae LmrrATioN Afteb Jan. 3. 1975. foe Aeeasgz- 



MENTS. ISCXtTDING LICENSES. FTC. TO COllPLT WITH 



Pub. L. 93-633: Pevding Peocfedixgs tTNAFFECTED. 



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. 



Section Refep.eed to in OrrrER Sections 

 This section is referred to in sections 1472. 1806. 1807 

 of this title. 



§1^05. Handling of hazardous materials. 



(a) Criteria. 



The Secretary is authorized to establish criteria 

 for handling hazardous materials. Such criteria may 

 include, but need not be limited to. a minimum 

 number of personnel: a minimum level of training 

 and qualification for such r>ersomiel: t>-pe and fre- 

 quency of inspection: equipment to be used for de- 

 tection, warning, and control of risks posed by such 

 materials: specifications regarding the use of equip- 

 ment and facilities used in tne handhng and trans- 

 portation of such materials: end a system of 

 monitoring safety assurance procedures for the 

 transportation of such materials. The Secretary may 

 re\-ise such criteria as required. 



(b) Registration. 



Each person who transports or causes to be trans- 

 ported or shipped in commerce hazardous mate- 

 rials or who manufactures, fabricates, marks, main- 

 tains, reconditions, repairs, or tests packages or con- 

 tainers which are represented, marked, certified, or 

 sold by such person for use in the transportation in 

 commerce of certain hazardous materials 'desig- 

 nated by the Secretary) may be required by the 



Secretary to prepare and submit to the Secretary a 

 registration statement not more often than once 

 ever>- 2 years. Such a registration statement shall 

 include, but need not be limited to. such person's 

 name: principal place of business: the location of 

 each activity handling such hazardous materials; a 

 complete Ust of all such hazardous materials han- 

 dled: and an averment that such person is in com- 

 pliance with all apphcable criteria established under 

 subsection 'ai of this section. The Secretarj- shall 

 by regulation prescribe the form of any such state- 

 ment and the information required to be included. 

 The Secretary shall make any registration state- 

 ment filed pursuant to this subsection available for 

 inspection by any person, without charge, except 

 that nothing in this sentence shall be deemed to 

 require the release of any information described by 

 subsection 'b) of section 552 of Title 5. or which Is 

 otherwise protected by law from disclosure to the 

 public. 



(c) Requirement. 



No person required to file a registration statement 

 under subsection 'b* of this section may transport 

 or cause to be transported or shipped hazardous 

 materials, or manuf actiu^e. fabricate, mark, main- 

 tain, recondition, repair, or test packages or con- 

 tainers for use in the transportation of hazardous 

 materials, unless he has on file a registration state- 

 ment. 'Pub. L. 93-633, title I, 5 106, Jan. 3. 1975, 

 88 Stat. 2157: amended Oct. 11. 1976, Pub. L. 94-474, 

 ? 2, 90 Stat. 2068.) 



Effective D.\te: CoNTiNTr.\NCE of Phioe Provisions: Two 

 Yeae LrMiTATiON ArrzE Jan. 3. 1975. foe Aeeange- 

 .•.ie:;ts. I.vcrrMNC LrcrN-^F.s. etc . to Co:rFi-T v.tth 

 PiTB. L. 93-633: Pending Proceedings tTN.AFFEcrED 

 Section eiTective 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. 



§1806. Exemptions, 

 (a) GeneraL 



The Secretary, in accordane with procedui-es 

 prescribed by regulation, is authorized to issue or 

 renew, to any person subject to the requirements of 

 this chapter, an exemption from the pro^osions of 

 this chapter, and from regulations issued under sec- 

 tion 1804 of this title, if such pei-son transpwrts or 

 causes to be transported or shipped hazardous ma- 

 terials in a manner so as to achieve a level of safety 

 fl) which is equal to or exceed.^ that level of safety 

 which would be required in the absence of such ex- 

 emption, or '2) which would be consistent with the 

 public interest and the policy of this chapter in the 

 event there is no existing level of safety established. 

 The maximum period of an exemption issued or 

 renewed under this r-ection shall not exceed 2 yesrs. 

 but any .such exemption may be renewed upon ap- 

 plication to the Secretory. Each person applying for 

 such an exemption or renewal shall, upon applica- 

 tion, provide a safety analysis as prescribed by the 

 Secretary to jtistify the grant of such exemption. A 

 notice of an application for issuance or renewal of 

 such exemption shall be published in the Federal 

 Register. The Secretai-y shall afford access to any 

 such safety analysis and an o.oportunity for public 



