---
kind: "section"
citation: "42 U.S.C. § 9656"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9656"
heading: "Transportation of hazardous substances; listing as hazardous material; liability for release"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9656"
units:
  - "Chapter 103 — Comprehensive Environmental Response, Compensation, and Liability"
  - "Subchapter III — Miscellaneous Provisions"
---

# §9656. Transportation of hazardous substances; listing as hazardous material; liability for release

- (a) Each [hazardous substance](/usc/42/9601.md?p=14) which is listed or designated as provided in [section 9601(14) of this title](/usc/42/9601.md?p=14) shall, within 30 days after October 17, 1986, or at the time of such listing or designation, whichever is later, be listed and regulated as a hazardous material under chapter 51 of title 49.
- (b) A common or contract carrier shall be [liable](/usc/42/9601.md?p=32) under other law in lieu of [section 9607 of this title](/usc/42/9607.md) for [damages](/usc/42/9601.md?p=6) or [remedial action](/usc/42/9601.md?p=24) resulting from the [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14) during the course of [transportation](/usc/42/9601.md?p=26) which commenced prior to the effective date of the listing and regulation of such substance as a hazardous material under [chapter 51](/usc/49/chstIII/ch51.md) of title 49, or for substances listed pursuant to [subsection (a)](#a) of this section, prior to the effective date of such listing: Provided, however, That this subsection shall not apply where such a carrier can demonstrate that he did not have actual knowledge of the identity or nature of the substance released.

## Source credit

(Pub. L. 96–510, title III, § 306(a), (b), Dec. 11, 1980, 94 Stat. 2810; Pub. L. 99–499, title II, § 202, Oct. 17, 1986, 100 Stat. 1695.)

## Notes

### Editorial Notes

### Codification

In subsecs. (a) and (b), “chapter 51 of title 49” substituted for “the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et seq.]” on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

### Amendments

1986—Subsec. (a). Pub. L. 99–499, § 202(a), substituted “within 30 days after October 17, 1986” for “within ninety days after December 11, 1980” and inserted “and regulated” before “as a hazardous material”.

Subsec. (b). Pub. L. 99–499, § 202(b), inserted “and regulation” after “prior to the effective date of the listing”.