49 U.S.C. § 5109
49 U.S.C. § 5109
| HISTORICAL AND REVISION NOTE | ||
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 5109(a) | 49 App.:1805(d)(1), (2). | Jan. 3, 1975, Pub. L. 93-633, 88 Stat. 2156, §106(d); added Nov. 16, 1990, Pub. L. 101-615, §8(a), 104 Stat. 3257; Oct. 24, 1992, Pub. L. 102-508, §503(a)(4), (5), (b), 106 Stat. 3311. |
| 5109(b) | 49 App.:1805(d)(5). | |
| 5109(c) | 49 App.:1805(d)(7). | |
| 5109(d) | 49 App.:1805(d)(4). | |
| 5109(e) | 49 App.:1805(d)(6). | |
| 5109(f) | 49 App.:1805(d)(3). | |
| 5109(g) | 49 App.:1805(d)(8). | |
| 5109(h) | 49 App.:1805 (note). | Nov. 16, 1990, Pub. L. 101-615, §8(b), 104 Stat. 3258. |
EDITORIAL NOTES
AMENDMENTS2015-Subsec. (h). Pub. L. 114-94 amended subsec. (h) generally. Prior to amendment, text read as follows: "The Secretary shall prescribe regulations necessary to carry out this section not later than November 16, 1991."2005-Subsec. (a). Pub. L. 109-59 substituted "Secretary issues" for "Secretary of Transportation issues" in introductory provisions.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2015 AMENDMENTAmendment by Pub. L. 114-94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114-94 set out as a note under section 5313 of Title 5, Government Organization and Employees.
MOTOR CARRIER SAFETY PERMITS Pub. L. 112-141, div. C, title III, §330143014,, 126 Stat. 840, provided that:"(a) REVIEW.-Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112-141 set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall conduct a study of, and transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on, the implementation of the hazardous material safety permit program under section 5109 of title 49, United States Code. In conducting the study, the Secretary shall review, at a minimum-"(1) the list of hazardous materials requiring a safety permit;"(2) the number of permits that have been issued, denied, revoked, or suspended since inception of the program and the number of commercial motor carriers that have never had a permit denied, revoked, or suspended since inception of the program;"(3) the reasons for such denials, revocations, or suspensions; "(4) the criteria used by the Federal Motor Carrier Safety Administration to determine whether a hazardous material safety permit issued by a State is equivalent to the Federal permit; and"(5) actions the Secretary could implement to improve the program, including whether to provide opportunities for an additional level of fitness review prior to the denial, revocation, or suspension of a safety permit."(b) ACTIONS TAKEN.-Not later than 2 years after the date of enactment of this Act, based on the study conducted under subsection (a), the Secretary shall either institute a rulemaking to make any necessary improvements to the hazardous materials safety permit program under section 5109 of title 49, United States Code or publish in the Federal Register the Secretary's justification for why a rulemaking is not necessary."
- United States
- "United States" means all of the States.1See References in Text note below.
- commerce
- "commerce" means trade or transportation in the jurisdiction of the United States-(A) between a place in a State and a place outside of the State;(B) that affects trade or transportation between a place in a State and a place outside of the State; or(C) on a United States-registered aircraft.
- hazardous material
- "hazardous material" means a substance or material the Secretary designates under section 5103(a) of this title.
- imminent hazard
- "imminent hazard" means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.