General regulatory authority

§ 5103. General regulatory authority (a) Designating Material as Hazardous.—The Secretary of Transportation shall designate material (including an explosive, radioactive material, etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary decides that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property. (b) Regulations for Safe Transportation.—(1) The Secretary shall prescribe regulations for the safe transportation of hazardous material in intrastate, interstate, and foreign commerce. The regulations— (A) apply to a person— (i) transporting hazardous material in commerce; (ii) causing hazardous material to be transported in commerce; or (iii) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a package or container that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous material in commerce; and (B) shall govern safety aspects of the transportation of hazardous material the Secretary considers appropriate. (2) A proceeding to prescribe the regulations must include an opportunity for informal oral presentations.