US Code

Public Law 119-73 (01/23/2026)

49 U.S.C. § 5126

Relationship to other laws

(a)

Contracts .—

A person under contract with a department, agency, or instrumentality of the United States Government that transports hazardous material, or causes hazardous material to be transported, or designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented as qualified for use in transporting hazardous material shall comply with this chapter, regulations prescribed and orders issued under this chapter, and all other requirements of the Government, State and local governments, and Indian tribes (except a requirement preempted by a law of the United States) in the same way and to the same extent that any person engaging in that transportation, designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing that is in or affects commerce must comply with the provision, regulation, order, or requirement.
(b)

Nonapplication .—

This chapter does not apply to—
(1)
a pipeline subject to regulation under chapter 601 of this title; or
(2)
any matter that is subject to the postal laws and regulations of the United States under this chapter or title 18 or 39.

Pub. L. 103–272, § 1(d)108 Stat. 783Pub. L. 103–311, title I, § 117(a)(2)108 Stat. 1678Pub. L. 109–59, title VII, § 7124119 Stat. 1908Pub. L. 110–244, title III, § 302(d)122 Stat. 1618(, , ; , , ; , , ; , , .)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

5126(a)

49 App.:1818.

Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 120; added Nov. 16, 1990, Pub. L. 101–615, § 20, 104 Stat. 3270.

5126(b)

49 App.:1811(f).

Jan. 3, 1975, Pub. L. 93–633, § 112(f), 88 Stat. 2161; Nov. 30, 1979, Pub. L. 96–129, § 216(a), 93 Stat. 1015; restated Nov. 16, 1990, Pub. L. 101–615, § 13, 104 Stat. 3260.

In subsection (a), the word “manufactures” is substituted for “manufacturers” to correct an error in the source provisions. The words “of the executive, legislative, or judicial branch”, “be subject to and”, “substantive and procedural”, and “this chapter or any other” are omitted as surplus.

Editorial Notes

Amendments

Pub. L. 110–244Pub. L. 109–592008—Subsec. (a). amended . See 2005 Amendment note below.

Pub. L. 109–59, § 7124(4)2005—Subsec. (a). , substituted “designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing” for “manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing”.

Pub. L. 109–59, § 7124(3)Pub. L. 110–244, as amended by , substituted “shall comply with this chapter” for “must comply with this chapter”.

Pub. L. 109–59, § 7124(1), (2), substituted “transports hazardous material, or causes hazardous material to be transported,” for “transports or causes to be transported hazardous material,” and “designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented” for “manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a packaging or a container that the person represents, marks, certifies, or sells”.

Pub. L. 103–3111994—Subsec. (a). substituted “a packaging or a” for “a package or”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–244Pub. L. 109–59Pub. L. 109–59Pub. L. 109–59Pub. L. 110–244section 121(b) of Pub. L. 110–244section 101 of Title 23Amendment by effective as of the date of enactment of () and to be treated as included in as of that date, and provisions of , as in effect on the day before , that are amended by to be treated as not enacted, see , set out as a note under , Highways.