49 U.S.C. § 5102 : US Code - Section 5102: Definitions

Search 49 U.S.C. § 5102 : US Code - Section 5102: Definitions

In this chapter -
(1) "commerce" means trade or transportation in the
jurisdiction of the United States -
(A) between a place in a State and a place outside of the
State;
(B) that affects trade or transportation between a place in a
State and a place outside of the State; or
(C) on a United States-registered aircraft.
(2) "hazardous material" means a substance or material the
Secretary designates under section 5103(a) of this title.
(3) "hazmat employee" -
(A) means an individual -
(i) who -
(I) is employed on a full time, part time, or temporary
basis by a hazmat employer; or
(II) is self-employed (including an owner-operator of a
motor vehicle, vessel, or aircraft) transporting hazardous
material in commerce; and
(ii) who during the course of such full time, part time, or
temporary employment, or such self employment, directly
affects hazardous material transportation safety as the
Secretary decides by regulation; and
(B) includes an individual, employed on a full time, part
time, or temporary basis by a hazmat employer, or self
employed, who during the course of employment -
(i) loads, unloads, or handles hazardous material;
(ii) designs, manufactures, fabricates, inspects, marks,
maintains, reconditions, repairs, or tests a package,
container, or packaging component that is represented,
marked, certified, or sold as qualified for use in
transporting hazardous material in commerce;
(iii) prepares hazardous material for transportation;
(iv) is responsible for the safety of transporting
hazardous material; or
(v) operates a vehicle used to transport hazardous
material.
(4) "hazmat employer" -
(A) means a person -
(i) who -
(I) employs or uses at least 1 hazmat employee on a full
time, part time, or temporary basis; or
(II) is self-employed (including an owner-operator of a
motor vehicle, vessel, or aircraft) transporting hazardous
material in commerce; and
(ii) who -
(I) transports hazardous material in commerce;
(II) causes hazardous material to be transported in
commerce; or
(III) designs, manufactures, fabricates, inspects, marks,
maintains, reconditions, repairs, or tests a package,
container, or packaging component that is represented,
marked, certified, or sold as qualified for use in
transporting hazardous material in commerce; and
(B) includes a department, agency, or instrumentality of the
United States Government, or an authority of a State, political
subdivision of a State, or Indian tribe, carrying out an
activity described in clause (ii).
(5) "imminent hazard" means the existence of a condition
relating to hazardous material that presents a substantial
likelihood that death, serious illness, severe personal injury,
or a substantial endangerment to health, property, or the
environment may occur before the reasonably foreseeable
completion date of a formal proceeding begun to lessen the risk
of that death, illness, injury, or endangerment.
(6) "Indian tribe" has the same meaning given that term in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(7) "motor carrier" -
(A) means a motor carrier, motor private carrier, and freight
forwarder as those terms are defined in section 13102; but
(B) does not include a freight forwarder, as so defined, if
the freight forwarder is not performing a function relating to
highway transportation.
(8) "National Response Team" means the National Response Team
established under the National Contingency Plan established under
section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
(9) "person", in addition to its meaning under section 1 of
title 1 -
(A) includes a government, Indian tribe, or authority of a
government or tribe that -
(i) offers hazardous material for transportation in
commerce;
(ii) transports hazardous material to further a commercial
enterprise; or
(iii) designs, manufactures, fabricates, inspects, marks,
maintains, reconditions, repairs, or tests a package,
container, or packaging component that is represented,
marked, certified, or sold as qualified for use in
transporting hazardous material in commerce; but
(B) does not include -
(i) the United States Postal Service; and
(ii) in sections 5123 and 5124 of this title, a department,
agency, or instrumentality of the Government.
(10) "public sector employee" -
(A) means an individual employed by a State, political
subdivision of a State, or Indian tribe and who during the
course of employment has responsibilities related to responding
to an accident or incident involving the transportation of
hazardous material;
(B) includes an individual employed by a State, political
subdivision of a State, or Indian tribe as a firefighter or law
enforcement officer; and
(C) includes an individual who volunteers to serve as a
firefighter for a State, political subdivision of a State, or
Indian tribe.
(11) "Secretary" means the Secretary of Transportation except
as otherwise provided.
(12) "State" means -
(A) except in section 5119 of this title, a State of the
United States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, the Virgin Islands, American Samoa,
Guam, and any other territory or possession of the United
States designated by the Secretary; and
(B) in section 5119 of this title, a State of the United
States and the District of Columbia.
(13) "transports" or "transportation" means the movement of
property and loading, unloading, or storage incidental to the
movement.
(14) "United States" means all of the States.