169 



retary, may bring an action in an appropriate dis- 

 trict court of tlie United States for equitable relief to 

 redress a violation by any person of a provision of 

 this chapter, or an order or regulation issued under 

 this chapter. Such district courts shall have jurisdic- 

 tion determine such actions and may grant such 

 relief as is necessary or appropriate, including man- 

 datory or prohibitive injunctive relief, interim equi- 

 table relief, and punitive damages. 



(b) Imminent hazard. 



If the Secreti!ry has reason to believe that an im- 

 minent hazard exists, he may petition an appropri- 

 ate district court of the United States, or upon his 

 request the Attorney General .shall to petition, for an 

 order suspending or restricting the transportation 

 of the luzardous material responsible for such im- 

 mient hazard, or for such other order as is neces- 

 sary to eliminate or ameliorate such imminent haz- 

 ard. As used in this subsection, an "imminent haz- 

 ard" exists if there is substantial likelihood that 

 .serioas harm will occur prior to the completion of an 

 administrative hearing or other formal proceeding 

 initiated to abate the risk of such harm. (Pub. L. 93- 

 633. title I. § 111. Jan. 3, 1975, 88 Stat. 2161.) 



References in Text 

 "This chapter", referred to In subsec (a), read 

 'this tllle" In the original, meaning title 1 ol 

 Pub. L. 93-633. the Hazardous 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 of Pr'or Provisions: Two 

 Year Limitation After Jan. 3. 1975. for Arrangements, 

 Including Licenses, etc.. to Comply With Pub. L. 93- 

 G33; 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. 



§ 1811. Relationship to other laws. 



(a) General. 



Except as provided in subsection (b) of this sec- 

 tion, any requirement, of a State or political sub- 

 division thereof, which is inconsistent with any re- 

 quirement set forth In this chapter, or in a regulation 

 issued under this chapter. Is preempted. 



(b) State laws. 



Any requirement, of a State or political subdivision 

 thereof, which is not consistent with any require- 

 ment set forth in this chapter, or In a regulation 

 issued under this chapter, is not preempted if, upon 

 the application of an appropriate State agency, the 

 Secretary determines, in accordance with procedures 

 to be prescribed by regulation, that such requirement 

 (1) affords an equal or greater level of protection to 

 the public than Is afforded by the requirements of 

 this chapter or of regulations issued under this 

 chapter and (2) does not unreasonably burden com- 

 merce. Such requirement shall not be preempted to 

 the extent specified in such determination by the 

 Secretary for so long as such State or politicalsub- 

 division thereof continues to administer and enforce 

 effectively such requirement. 



(c) Other federal laws. 



The provisions of this chapter shall not apply to 

 pipelines which are subject to regulation under the 

 Natural Gas Pipeline Safety Act of 1968 (section 

 1671 et seq. of this title* or to pipelines which are 

 subject to regulation under chapter 39 of Title 18. 

 (Pub. L. 93-633. title I, 5 112. Jan. 3, 1975, 88 Stat. 

 2161.) 



References in Text 

 "This chapter", referred to In text, 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 noU 

 under section 1801 of this title. 



§ 1812. Authorization of appropriations. 



There are authorized to be appropriated to carry 

 out the provisions of this chapter not to exceed 

 $7,000,000 for the fiscal year ending June 30, 

 1976, not to exceed $1,750,000 for the transition 

 period of July 1, 1976, through September 30, 1976, 

 and not to exceed $5,000,000 per fiscal year for the 

 fiscal years ending September 30, 1977, and Sep- 

 tember 30, 1978. (Pub. L. 93-633, title I. § 115. Jan. 

 3, 1975, 88 Stat. 2164. amnded Pub. L. 94-56, § 4, 

 July 19, 1975, 89 Stat. 264; Oct. 11. 1976. Pub. L. 

 94-474,8 3, 90 Stat. 2068.) 



28. Hazardous Substances 

 15 U.S.C. 1261-1274 



Sec. 



1261. Definitions. 



1262 Regulations declaring hazardous substances; 



variations and exemptions; Judicial review of 

 determinations. 



1263 Prohibited acta. 



1264. Penalties; exceptions. 



1265. Seizures. 



(a) Grounds and Jurisdiction. 



(b) Procedure; multiplicity of pending pro- 



ceedings. 



(c) Disposition of goods after decree of con- 



demnation. 



(d) Costs and fees. 



(e) Removal of case for trial. 



1266 Hearing before report of criminal violation. 



1267. Injunctions; criminal contempt; trial by court or 



Jury. 



1268. Proceedings In name of United States; subpenas 



1269. Regulations. 



1270. Examinations and Investigations. 



(a) Authority to conduct, 



(b) Inspection; notice; samples. 



(c) Receipt for sample; results of analysis. 



1271. Records of Interstate shipment. 



1272. Publicity; reports; dissemination of Information 



1273. Imports. 



(a) Delivery of samples to Secretary of Health, 



Education, and Welfare; examination; re- 

 fusal of admission. 



(b) Disposition of refused articles. 



