(a)
(b)
(A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or
(B) to eliminate or mitigate the hazard.
(2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.
(c)
(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.
Open Table|
Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5122(a) | 49 App.:1808(a) (last sentence words after semicolon). | Jan. 3, 1975, Pub. L. 93–633, §§109(a) (last sentence words after semicolon), 111(a), 88 Stat. 2159, 2161. |
| 49 App.:1810(a). | ||
| 5122(b) | 49 App.:1810(b). | Jan. 3, 1975, Pub. L. 93–633, §111(b), 88 Stat. 2161; Nov. 16, 1990, Pub. L. 101–615, §3(b), 104 Stat. 3247. |
In this section, the words "bring a civil action" are substituted for "bring an action in" in 49 App.:1810 and "petition . . . for an order . . . for such other order" for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the text of 49 App.:1808(a) (last sentence words after semicolon) and the words "for equitable relief" in 49 App.:1810(a) are omitted as surplus. The words "enforce this chapter" are substituted for "redress a violation by any person of a provision of this chapter" to eliminate unnecessary words. The words "regulation prescribed or order issued" are substituted for "order or regulation issued" for consistency in the revised title and with other titles of the Code. The words "The court may award appropriate relief, including" are substituted for "Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and" to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words "as is necessary" are omitted as surplus.
Amendments
2006—Subsec. (c)(1). Pub. L. 109–304 substituted "Secretary of Homeland Security" and "section 60105 of title 46" for "Secretary of the Treasury" and "section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)", respectively.
2005—Subsec. (a). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation".
Pub. L. 109–59, §7119(a), substituted "this chapter or a regulation prescribed or order, special permit, or approval" for "this chapter or a regulation prescribed or order" and "The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123" for "The court may award appropriate relief, including punitive damages".
Subsec. (b)(1)(B). Pub. L. 109–59, §7119(b), substituted "or mitigate the hazard" for "or ameliorate the hazard".
1996—Subsec. (c). Pub. L. 104–324 added subsec. (c).
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