§ 5120 - International uniformity of standards and requirements

CHAPTER 51— TRANSPORTATION OF HAZARDOUS MATERIAL

(a) Subject to guidance and direction from the Secretary of State, the Secretary of Transportation shall participate in international forums that establish or recommend mandatory standards and requirements for transporting hazardous material in international commerce.

(b) The Secretary may consult with interested authorities to ensure that, to the extent practicable, regulations the Secretary prescribes under sections 5103(b), 5104, 5110, and 5112 of this title are consistent with standards and requirements related to transporting hazardous material that international authorities adopt.

(c) This section—

(c)(1) does not require the Secretary to prescribe a standard or requirement identical to a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is unnecessary or unsafe; and

(c)(2) does not prohibit the Secretary from prescribing a safety standard or requirement more stringent than a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is necessary in the public interest.

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5120(a)49 App.:1804(d)(1).Jan. 3, 1975, Pub. L. 93–633, § 105(d), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615 § 4, 104 Stat. 3252. 5120(b)49 App.:1804(d)(2) (1st sentence). 5120(c)49 App.:1804(d)(2) (last sentence).

Editorial Notes

Amendments

2005—Subsec. (b). Pub. L. 109–59, § 7126, substituted “Secretary may” for “Secretary of Transportation may”.

Pub. L. 109–59, § 7117(a), inserted “and requirements” after “standards”.

Subsec. (c)(1). Pub. L. 109–59, § 7126, substituted “Secretary to prescribe” for “Secretary of Transportation to prescribe”.

Pub. L. 109–59, § 7117(b)(1), inserted “or requirement” after “standard” wherever appearing.

Subsec. (c)(2). Pub. L. 109–59, § 7117(b)(2), struck out “included in a standard” before “adopted” and inserted “standard or” before “requirement” wherever appearing.