1 So in original. Probably should be "ensure".
49 U.S.C. § 5123
HISTORICAL AND REVISION NOTE | ||
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
5123(a)(1) | 49 App.:1809(a)(1) (1st sentence less 3d-16th words, 2d sentence words before 4th comma, 3d sentence). | Jan. 3, 1975, Pub. L. 93-633, §110(a)(1), 88 Stat. 2160; Nov. 16, 1990, Pub. L. 101-615, §12(a)(1), 104 Stat. 3259. |
49 App.:1809(a)(3). | Jan. 3, 1975, Pub. L. 93-633, 88 Stat. 2156, §110(a)(3); added Nov. 16, 1990, Pub. L. 101-615, §12(a)(2), 104 Stat. 3259. | |
5123(a)(2) | 49 App.:1809(a)(1) (2d sentence words after 4th comma). | |
5123(b) | 49 App.:1809(a)(1) (1st sentence 3d-16th words, 4th sentence). | |
5123(c) | 49 App.:1809(a)(1) (last sentence). | |
5123(d), (e) | 49 App.:1809(a)(2) (1st sentence). | Jan. 3, 1975, Pub. L. 93-633, §110(a)(2), 88 Stat. 2160. |
5123(f) | 49 App.:1809(a)(2) (2d sentence). | |
5123(g) | 49 App.:1809(a)(2) (last sentence). |
EDITORIAL NOTES
REFERENCES IN TEXTThe date of enactment of this subsection, referred to in subsec. (i)(3), is the date of enactment of Pub. L. 112-141 which was approved July 6, 2012.
AMENDMENTS2012-Subsec. (a)(1). Pub. L. 112-141, §33010(1)(A), in introductory provisions, struck out "at least $250 but" after "civil penalty of" and substituted "$75,000" for "$50,000".Subsec. (a)(2). Pub. L. 112-141, §33010(1)(B), substituted "$175,000" for "$100,000". Subsec. (a)(3). Pub. L. 112-141, §33010(1)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "If the violation is related to training, paragraph (1) shall be applied by substituting '$450' for '$250'."Subsecs. (h), (i). Pub. L. 112-141, §33010(2), added subsecs. (h) and (i).2005-Subsec. (a)(1). Pub. L. 109-59, §7120(a)(1), in introductory provisions substituted "regulation, order, special permit, or approval issued" for "regulation prescribed or order issued" and "$50,000" for "$25,000".Subsec. (a)(2) to (4). Pub. L. 109-59, §7120(a)(2), (3), added pars. (2) and (3) and redesignated former par. (2) as (4).Subsec. (b). Pub. L. 109-59, §7126, substituted "Secretary may" for "Secretary of Transportation may". Pub. L. 109-59, §7120(b), substituted "regulation prescribed or order, special permit, or approval issued" for "regulation prescribed". Subsec. (d). Pub. L. 109-59, §7120(c), substituted "section and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review." for "section."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112-141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112-141 set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109-59, title VII, §7120(d), Aug. 10, 2005, 119 Stat. 1906, provided that:"(1) HEARING REQUIREMENT.-The amendment made by subsection (b) [amending this section] shall take effect on the date of enactment of this Act [Aug. 10, 2005], and shall apply with respect to violations described in section 5123(a) of title 49, United States Code (as amended by this section), that occur on or after that date. "(2) CIVIL ACTIONS TO COLLECT.-The amendment made by subsection (c) [amending this section] shall apply with respect to civil penalties imposed on violations described in section 5123(a) of title 49, United States Code (as amended by this section), that occur on or after the date of enactment of this Act [Aug. 10, 2005]."
- United States
- "United States" means all of the States.1 See References in Text note below.
- hazardous material
- "hazardous material" means a substance or material the Secretary designates under section 5103(a) of this title.