Statutes, codes, and regulations
United States Code
Title 49 - TRANSPORTATIONSubtitle III - GENERAL AND INTERMODAL PROGRAMS
Chapter 51 - TRANSPORTATION OF HAZARDOUS MATERIAL
Section 5126 - Relationship to other laws

49 U.S.C. § 5126

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Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 5126 - Relationship to other laws
(a) CONTRACTS.-A person under contract with a department, agency, or instrumentality of the United States Government that transports hazardous material, or causes hazardous material to be transported, or designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented as qualified for use in transporting hazardous material shall comply with this chapter, regulations prescribed and orders issued under this chapter, and all other requirements of the Government, State and local governments, and Indian tribes (except a requirement preempted by a law of the United States) in the same way and to the same extent that any person engaging in that transportation, designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing that is in or affects commerce must comply with the provision, regulation, order, or requirement.
(b) NONAPPLICATION.-This chapter does not apply to-
(1) a pipeline subject to regulation under chapter 601 of this title; or
(2) any matter that is subject to the postal laws and regulations of the United States under this chapter or title 18 or 39.

49 U.S.C. § 5126

Pub. L. 103-272, §1(d), July 5, 1994, 108 Stat. 783; Pub. L. 103-311, title I, §117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109-59, title VII, §71247124,, 119 Stat. 1908; Pub. L. 110-244, title III, §302(d), June 6, 2008, 122 Stat. 1618.

HISTORICAL AND REVISION NOTE
Revised SectionSource (U.S. Code)Source (Statutes at Large)
5126(a) 49 App.:1818. Jan. 3, 1975, Pub. L. 93-633, 88 Stat. 2156, §120; added Nov. 16, 1990, Pub. L. 101-615, §20, 104 Stat. 3270.
5126(b) 49 App.:1811(f). Jan. 3, 1975, Pub. L. 93-633, §112(f), 88 Stat. 2161; Nov. 30, 1979, Pub. L. 96-129, §216(a), 93 Stat. 1015; restated Nov. 16, 1990, Pub. L. 101-615, §13, 104 Stat. 3260.
In subsection (a), the word "manufactures" is substituted for "manufacturers" to correct an error in the source provisions. The words "of the executive, legislative, or judicial branch", "be subject to and", "substantive and procedural", and "this chapter or any other" are omitted as surplus.

EDITORIAL NOTES

AMENDMENTS2008-Subsec. (a). Pub. L. 110-244 amended Pub. L. 109-59. See 2005 Amendment note below.2005-Subsec. (a). Pub. L. 109-59, §7124(4), substituted "designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing" for "manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing". Pub. L. 109-59, §7124(3), as amended by Pub. L. 110-244 substituted "shall comply with this chapter" for "must comply with this chapter". Pub. L. 109-59, §7124(1), (2), substituted "transports hazardous material, or causes hazardous material to be transported," for "transports or causes to be transported hazardous material," and "designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented" for "manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a packaging or a container that the person represents, marks, certifies, or sells". 1994-Subsec. (a). Pub. L. 103-311 substituted "a packaging or a" for "a package or".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2008 AMENDMENTAmendment by Pub. L. 110-244 effective as of the date of enactment of Pub. L. 109-59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109-59 as of that date, and provisions of Pub. L. 109-59 as in effect on the day before June 6, 2008, that are amended by Pub. L. 110-244 to be treated as not enacted, see section 121(b) of Pub. L. 110-244 set out as a note under section 101 of Title 23, Highways.

United States
"United States" means all of the States.1 See 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.