Page:United States Statutes at Large Volume 119.djvu/1922

 119 STAT. 1904

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VerDate 14-DEC-2004

13:51 Oct 26, 2006

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(2) DISPLAY OF CREDENTIALS.—An officer, employee, or agent acting under this subsection shall display proper credentials when requested. ‘‘(3) SAFE RESUMPTION OF TRANSPORTATION.—In instances when, as a result of an inspection or investigation under this subsection, an imminent hazard is not found to exist, the Secretary, in accordance with procedures set forth in regulations prescribed under subsection (e), shall assist— ‘‘(A) in the safe and prompt resumption of transportation of the package concerned; or ‘‘(B) in any case in which the hazardous material being transported is perishable, in the safe and expeditious resumption of transportation of the perishable hazardous material.’’. (d) EMERGENCY AUTHORITY FOR HAZARDOUS MATERIAL TRANSPORTATION.—Section 5121 is amended— (1) by redesignating subsections (d) and (e) as subsections (f) and (h), respectively; and (2) by inserting after subsection (c) the following: ‘‘(d) EMERGENCY ORDERS.— ‘‘(1) IN GENERAL.—If, upon inspection, investigation, testing, or research, the Secretary determines that a violation of a provision of this chapter, or a regulation prescribed under this chapter, or an unsafe condition or practice, constitutes or is causing an imminent hazard, the Secretary may issue or impose emergency restrictions, prohibitions, recalls, or outof-service orders, without notice or an opportunity for a hearing, but only to the extent necessary to abate the imminent hazard. ‘‘(2) WRITTEN ORDERS.—The action of the Secretary under paragraph (1) shall be in a written emergency order that— ‘‘(A) describes the violation, condition, or practice that constitutes or is causing the imminent hazard; ‘‘(B) states the restrictions, prohibitions, recalls, or outof-service orders issued or imposed; and ‘‘(C) describes the standards and procedures for obtaining relief from the order. ‘‘(3) OPPORTUNITY FOR REVIEW.—After taking action under paragraph (1), the Secretary shall provide for review of the action under section 554 of title 5 if a petition for review is filed within 20 calendar days of the date of issuance of the order for the action. ‘‘(4) EXPIRATION OF EFFECTIVENESS OF ORDER.—If a petition for review of an action is filed under paragraph (3) and the review under that paragraph is not completed by the end of the 30-day period beginning on the date the petition is filed, the action shall cease to be effective at the end of such period unless the Secretary determines, in writing, that the imminent hazard providing a basis for the action continues to exist. ‘‘(5) OUT-OF-SERVICE ORDER DEFINED.—In this subsection, the term ‘out-of-service order’ means a requirement that an aircraft, vessel, motor vehicle, train, railcar, locomotive, other vehicle, transport unit, transport vehicle, freight container, potable tank, or other package not be moved until specified conditions have been met. ‘‘(e) REGULATIONS.— ‘‘(1) TEMPORARY REGULATIONS.—Not later than 60 days after the date of enactment of the Hazardous Materials

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