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Code · BILL · 114th Congress · H.R. 2410 (Introduced in House) — To authorize highway infrastructure and safety, transit, motor carrier, rail, and other surface transportation progra... · Sec. 6002

Sec. 6002. Emergency operational controls

290 words·~1 min read·/bill/114/hr/2410/ih/section-6002·

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Chapter 51 is amended by inserting after section 5128 the following: If, upon inspection, investigation, testing, or research carried out under this chapter, the Secretary determines that an unsafe condition or practice, or a combination of unsafe conditions and practices, or an activity existing within a regulated entity or industry, related to the transportation of hazardous materials in commerce, causes an emergency situation involving a hazard of death, personal injury, or significant harm to property or the environment, the Secretary immediately may order such operational controls, restrictions, and prohibitions, without prior notice or an opportunity for a hearing, as may be necessary to abate the situation.
The order shall be in writing, and describe— the condition, practice, or activity that causes the emergency situation; the operational controls, restrictions, and prohibitions issued or imposed; and the standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary’s discretion under this section to maintain the order in effect for as long as the emergency situation exists. Notwithstanding section 5117(e) of this title, such orders may provide for an emergency variance from this chapter or a regulation prescribed thereunder.
After issuing an order under this section, the Secretary shall provide an opportunity for review of the order under section 554 of title 5. If a petition for review is filed and the review is not completed by the end of the 30-day period beginning on the date the order was issued, the order stops being effective at the end of that period unless the Secretary decides in writing that the emergency situation still exists. . The analysis for chapter 51 is amended by inserting after the item relating to section 5128 the following: 5129.
Emergency operational controls. .
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