6 U.S.C. § 1203 — Hazardous materials highway routing
submitted 19 years ago by Pub. L. 110-53 to r/title-6-DOMESTIC-SECURITY · 596 words · no verdicts yet
The Transportation Secretary must develop guidance, tools, and an assessment for hazardous-material highway routes. The Secretary must require certain permitted motor carriers to carry and follow route plans if the assessment shows the requirement improves safety and security without unreasonable burdens.
(a) Route guidance. Within one year after August 3, 2007, Transportation, consulting Homeland Security, must (1) document current and proposed motor-carrier routes for radioactive and nonradioactive hazardous materials and create a geographic-information-system framework for the national registry; (2) assess and describe those routes to identify measurable safety and security selection criteria; (3) analyze United States, Canadian, and Mexican route rules for cross-border differences and conflicts; (4) document public, carrier, and State*, local, territorial, and tribal safety and security concerns; (5) prepare guidance helping State officials reduce them consistently with the 13 nonradioactive and radioactive routing criteria in title 49 CFR part 397 subpart C; (6) create a tool for examining possible routes, assessing each route’s security risks, and considering alternatives; and (7) report to appropriate congressional committees* on these actions and recommended changes to part 397. (b) Route-plan assessment. (1) Within one year, Transportation must assess safety and national-security benefits under current written or electronic route-plan requirements for explosives and radioactive materials. It must at least (A) compare Department* of Transportation reportable-incident percentages and severity for shipments subject to plans with those not subject to them, and (B) measure benefits, feasibility, and costs of requiring every carrier needing a title 49 part 385 hazardous-material safety permit to carry, maintain, and follow a section 397.101 plan for the materials in section 385.403, considering tank-truck, truckload, and less-than-truckload carriers. (2) Within one year, Transportation must report the assessment’s findings and conclusions to the committees. (c) Requirement. If the assessment finds that the requirement would improve safety and security without unreasonable carrier costs or burdens, the Secretary* must require permitted carriers transporting the section 385.403 materials to carry, maintain, and follow a written or electronic section 397.101 route plan.
Not later than 1 year after August 3, 2007, the Secretary* of Transportation, in consultation with the Secretary, shall—
document existing and proposed routes for the transportation of radioactive and nonradioactive hazardous materials by motor carrier, and develop a framework for using a geographic information system-based approach to characterize routes in the national hazardous materials route registry;
assess and characterize existing and proposed routes for the transportation of radioactive and nonradioactive hazardous materials by motor carrier for the purpose of identifying measurable criteria for selecting routes based on safety and security concerns;
analyze current route-related hazardous materials regulations in the United States, Canada, and Mexico to identify cross-border differences and conflicting regulations;
document the safety and security concerns of the public, motor carriers, and State*, local, territorial, and tribal governments about the highway routing of hazardous materials;
prepare guidance materials for State officials to assist them in identifying and reducing both safety concerns and security risks when designating highway routes for hazardous materials consistent with the 13 safety-based nonradioactive materials routing criteria and radioactive materials routing criteria in subpart C part 397 of title 49, Code of Federal Regulations;
develop a tool that will enable State officials to examine potential routes for the highway transportation of hazardous materials, assess specific security risks associated with each route, and explore alternative mitigation measures; and
transmit to the appropriate congressional committees* a report on the actions taken to fulfill paragraphs (1) through (6) and any recommended changes to the routing requirements for the highway transportation of hazardous materials in part 397 of title 49, Code of Federal Regulations.
Not later than 1 year after August 3, 2007, the Secretary of Transportation shall complete an assessment of the safety and national security benefits achieved under existing requirements for route plans, in written or electronic format, for explosives and radioactive materials. The assessment shall, at a minimum—
compare the percentage of Department* of Transportation recordable incidents and the severity of such incidents for shipments of explosives and radioactive materials for which such route plans are required with the percentage of recordable incidents and the severity of such incidents for shipments of explosives and radioactive materials not subject to such route plans; and
quantify the security and safety benefits, feasibility, and costs of requiring each motor carrier that is required to have a hazardous material safety permit under part 385 of title 49, Code of Federal Regulations, to maintain, follow, and carry such a route plan that meets the requirements of section 397.101 of that title when transporting the type and quantity of hazardous materials described in section 385.403, taking into account the various segments of the motor carrier industry, including tank truck, truckload and less than truckload carriers.
Not later than 1 year after August 3, 2007, the Secretary of Transportation shall submit a report to the appropriate congressional committees containing the findings and conclusions of the assessment.
The Secretary shall require motor carriers that have a hazardous material safety permit under part 385 of title 49, Code of Federal Regulations, to maintain, follow, and carry a route plan, in written or electronic format, that meets the requirements of section 397.101 of that title when transporting the type and quantity of hazardous materials described in section 385.403 if the Secretary determines, under the assessment required in subsection (b), that such a requirement would enhance security and safety without imposing unreasonable costs or burdens upon motor carriers.
Source credit: (Pub. L. 110–53, title XV, § 1553, Aug. 3, 2007, 121 Stat. 472.)
- 2007Enacted · Pub. L. 110-53 · 121 Stat. 472
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-53 on 2007-08-03.
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