§ 5110. Shipping papers and disclosure

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(a)Providing Shipping Papers.— Each person offering for transportation in commerce hazardous material to which the shipping paper requirements of the Secretary apply shall provide to the carrier providing the transportation a shipping paper that makes the disclosures the Secretary prescribes in regulations.

(b)Keeping Shipping Papers on the Vehicle.—

(1)A motor carrier, and the person offering the hazardous material for transportation if a private motor carrier, shall keep the shipping paper on the vehicle transporting the material.

(2)Except as provided in paragraph

(1)of this subsection, the shipping paper shall be kept in a location the Secretary specifies in a motor vehicle, train, vessel, aircraft, or facility until—

(A)the hazardous material no longer is in transportation; or

(B)the documents are made available to a representative of a department, agency, or instrumentality of the United States Government or a State or local authority responding to an accident or incident involving the motor vehicle, train, vessel, aircraft, or facility.

(c)Disclosure to Emergency Response Authorities.— When an incident involving hazardous material being transported in commerce occurs, the person transporting the material, immediately on request of appropriate emergency response authorities, shall disclose to the authorities information about the material.

(d)Retention of Papers.—

(1)Offerors.— The person who provides the shipping paper under this section shall retain the paper, or an electronic format of it, for a period of 2 years after the date that the shipping paper is provided to the carrier, with the paper or electronic format to be accessible through the offeror’s principal place of business.

(2)Carriers.— The carrier required to keep the shipping paper under this section,1 shall retain the paper, or an electronic format of it, for a period of 1 year after the date that the shipping paper is provided to the carrier, with the paper or electronic format to be accessible through the carrier’s principal place of business.

(3)Availability to government agencies.— Any person required to keep a shipping paper under this subsection shall, upon request, make it available to a Federal, State, or local government agency at reasonable times and locations.

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 768; Pub. L. 103–311, title I, § 115, Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109–59, title VII, §§ 7110, 7126, Aug. 10, 2005, 119 Stat. 1898, 1909; Pub. L. 110–244, title III, § 302(i), June 6, 2008, 122 Stat. 1618.)

In subsection (c)(1), the words “A motor carrier” are substituted for “the carrier” for clarity.

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Cited by 12 sections · top 11

U.S. Code

§ 5121
Administrative

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U.S. Code

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1
Pub. L. 103–272, § 1(d)
108 Stat. 768
Pub. L. 103–311, title I, § 115
108 Stat. 1678
Pub. L. 109–59, title VII
119 Stat. 1898
Pub. L. 110–244, title III, § 302(i)
122 Stat. 1618
Pub. L. 110–244, § 302(i)(2)
Pub. L. 110–244, § 302(i)(1)
Pub. L. 109–59, § 7126
Pub. L. 109–59, § 7110(a)(1)
Pub. L. 109–59, § 7110(a)(2)
Pub. L. 109–59, § 7110(b)
Pub. L. 109–59, § 7110(a)(3)
Pub. L. 103–311
Pub. L. 101–615, § 25
104 Stat. 3273
Pub. L. 101–615, § 26

Citation graph

cites case law

§ 5110

Shipping papers and disclosure

Fed. Reg.×11

U.S.C.×1

U.S.C.§ 5101

U.S.C.§ 5127

Cite1

Pub. L.Pub. L. 103–272, § 1(d)

Stat.108 Stat. 768

Pub. L.Pub. L. 103–311, title I, § 115

Stat.108 Stat. 1678

Cites 22 · showing 7Cited by 12 across 2 sources