Page:United States Statutes at Large Volume 108 Part 2.djvu/63

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 779 (b) CONSULTATION.— The Secretary of Transportation 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 related to transporting hazardous material that international authorities adopt. (c) DIFFERENCES WITH INTERNATIONAL STANDARDS AND REQUIREMENTS. — This section— (1) does not require the Secretary of Transportation to prescribe a standard identical to a standard adopted by an international authority if the Secretary decides the standard is unnecessary or unsafe; and (2) does not prohibit the Secretary from prescribing a safety requirement more stringent than a requirement included in a standard adopted by an international authority if the Secretary decides the requirement is necessary in the public interest. §5121. Administrative (a) GENERAL AUTHORITY.—To carry out this chapter, the Secretary of Transportation may investigate, make reports, issue subpenas, conduct hearings, require the production of records and property, take depositions, and conduct research, development, demonstration, and training activities. After notice and an opportunity for a hearing, the Secretary may issue an order requiring compliance with this chapter or a regulation prescribed under this chapter. (b) RECORDS, REPORTS, AND INFORMATION.—A person subject to this chapter shall— (1) maintain records, make reports, and provide information the Secretary by regulation or order requires; and (2) make the records, reports, and information available when the Secretary requests. (c) INSPECTION.— (1) The Secretary may authorize an officer, employee, or agent to inspect, at a reasonable time and in a reasonable way, records and property related to— (A) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, testing, or distributing a package or container for use by a person in transporting hazardous material in commerce; or (B) the transportation of hazardous material in commerce. (2) An officer, employee, or agent under this subsection shall display proper credentials when requested. (d) FACILITY, STAFF, AND REPORTING SYSTEM ON RISKS, EMER - GENCIES, AND ACTIONS. —(1) The Secretary shall— (A) maintain a facility and technical staff sufficient to provide, within the United States Government, the capability of evaluating a risk related to the transportation of hazardous material anof material alleged to be hazardous; (B) maintain a central reporting system and information center capable of providing information and advice to law enforcement and tirefighting personnel, other interested individuals, and officers and employees of the Government and State and local governments on meeting an emergency related to the transportation of hazardous material; and (C) conduct a continuous review on all aspects of transporting hazardous material to decide on and take appropriate actions to ensure safe transportation of hazardous material.

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