49 U.S.C. § 5121: Administrative

To carry out this chapter, the Secretary may investigate, conduct tests, make reports, issue subpenas, conduct hearings, require the production of records and property, take depositions, and conduct research, development, demonstration, and training activities. Except as provided in subsections (c) and (d), after notice and an opportunity for a hearing, the Secretary may issue an order requiring compliance with this chapter or a regulation prescribed, or an order, special permit, or approval issued, under this chapter. maintain records and property, make reports, and provide information the Secretary by regulation or order requires; and make the records, property, reports, and information available for inspection when the Secretary undertakes an investigation or makes a request. may inspect and investigate, at a reasonable time and in a reasonable manner, records and property relating to a function described in section 5103(b)(1); except in the case of packaging immediately adjacent to its hazardous material contents, may gain access to, open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package may contain a hazardous material; such officer, employee, or agent has an objectively reasonable and articulable belief that the package may pose an imminent hazard; and such officer, employee, or agent contemporaneously documents such belief in accordance with procedures set forth in guidance or regulations prescribed under subsection (e); may gather information from the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package, to ascertain the nature and hazards of the contents of the package; as necessary, under terms and conditions specified by the Secretary, may order the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package to have the package transported to, opened, and the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis; when safety might otherwise be compromised, may authorize properly qualified personnel to assist in the activities conducted under this subsection; and his or her decision to exercise his or her authority under paragraph (1); any findings made; and any actions being taken as a result of a finding of noncompliance. An officer, employee, or agent acting under this subsection shall display proper credentials, in person or in writing, when requested. in the safe and prompt resumption of transportation of the package concerned; or 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. 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 out-of-service orders, without notice or an opportunity for a hearing, but only to the extent necessary to abate the imminent hazard. describes the violation, condition, or practice that constitutes or is causing the imminent hazard; states the restrictions, prohibitions, recalls, or out-of-service orders issued or imposed; and describes the standards and procedures for obtaining relief from the order. 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. 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. 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. Not later than 60 days after the date of enactment of the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, the Secretary shall issue temporary regulations to carry out subsections (c) and (d). The temporary regulations shall expire on the date of issuance of the regulations under paragraph (2). Not later than 1 year after such date of enactment, the Secretary shall issue regulations to carry out subsections (c) and (d) in accordance with subchapter II of chapter 5 of title 5. the safe and expeditious resumption of transportation of perishable hazardous material, including radiopharmaceuticals and other medical products, that may require timely delivery due to life-threatening situations; noncompliant packages that present an imminent hazard are placed out-of-service until the condition is corrected; and noncompliant packages that do not present a hazard are moved to their final destination; appropriate training and equipment for inspectors; and the proper closure of packaging in accordance with the hazardous material regulations. 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 and material alleged to be hazardous; maintain a central reporting system and information center capable of providing information and advice to law enforcement and firefighting 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 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. Paragraph (1) of this subsection does not prevent the Secretary from making a contract with a private entity for use of a supplemental reporting system and information center operated and maintained by the contractor. to expand risk assessment and emergency response capabilities with respect to the safety and security of transportation of hazardous material; to enhance emergency communications capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies where appropriate; to conduct research, development, demonstration, risk assessment, and emergency response planning and training activities; or to otherwise carry out this chapter. a statistical compilation of accidents and casualties related to the transportation of hazardous material; a list and summary of applicable Government regulations, criteria, orders, and special permits; a summary of the basis for each special permit; an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under section 5103(b)(1) and the degree of voluntary compliance with regulations; a summary of outstanding problems in carrying out this chapter in order of priority; and recommendations for appropriate legislation. The Secretary [of Transportation] may conduct pilot projects to evaluate the feasibility and effectiveness of using paperless hazard communications systems. At least 1 of the pilot projects under this section shall take place in a rural area. may not waive the requirements under section 5110 of title 49 , United States Code; and fire services personnel; law enforcement and other appropriate enforcement personnel; other emergency response providers; persons who offer hazardous material for transportation; persons who transport hazardous material by air, highway, rail, and water; and employees of persons who transport or offer for transportation hazardous material by air, highway, rail, and water. a detailed description of the pilot projects; an evaluation of each pilot project, including an evaluation of the performance of each paperless hazard communications system in such project; an assessment of the safety and security impact of using paperless hazard communications systems, including any impact on the public, emergency response, law enforcement, and the conduct of inspections and investigations; an analysis of the associated benefits and costs of using the paperless hazard communications systems for each mode of transportation; and a recommendation that incorporates the information gathered in subparagraphs (A), (B), (C), and (D) on whether paperless hazard communications systems should be permanently incorporated into the Federal hazardous material transportation safety program under chapter 51 of title 49, United States Code; and submit a final report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that contains the results of the pilot projects carried out under this section, including the matters described in paragraph (1). In this section, the term ‘paperless hazard communications system’ means the use of advanced communications methods, such as wireless communications devices, to convey hazard information between all parties in the transportation chain, including emergency responders and law enforcement personnel. The format of communication may be equivalent to that used by the carrier.” how to collect, analyze, and publish findings from inspections and investigations of accidents or incidents involving the transportation of hazardous material; and how to identify noncompliance with regulations issued under chapter 51 of title 49, United States Code, and take appropriate enforcement action. guidelines for hazardous material inspector and investigator qualifications; best practices and standards for hazardous material inspector and investigator training programs; and standard protocols to coordinate investigation efforts among Federal, State, and local jurisdictions on accidents or incidents involving the transportation of hazardous material. the Department of Transportation’s multimodal personnel conducting hazardous material enforcement inspections or investigations; and State employees who conduct federally funded compliance reviews, inspections, or investigations; and shall be made available to Federal, State, and local hazardous material safety enforcement personnel.”