49 U.S.C. § 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)

section 5103(a) of this title “hazardous material” means a substance or material the Secretary designates under .

(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)

(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)

25 U.S.C. 450b 1

1 See References in Text note below.

“Indian tribe” has the same meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ().

(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)

42 U.S.C. 9605 “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 ().

(9)

section 1 of title 1 “person”, in addition to its meaning under —

(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)

(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)

section 5119 of this title except in , 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)

section 5119 of this title in , 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.

Pub. L. 103–272, § 1(d)July 5, 1994108 Stat. 759 Pub. L. 103–311, title I, § 117(a)(1)Aug. 26, 1994108 Stat. 1678 Pub. L. 104–88, title III, § 308(d)Dec. 29, 1995109 Stat. 947 Pub. L. 109–59, title VIIAug. 10, 2005119 Stat. 1892 Pub. L. 110–244, title III, § 302(a)June 6, 2008122 Stat. 1618(, , ; , , ; , , ; , §§ 7102, 7126, , , 1909; , , .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
5102(1)	49 App.:1802(1)–(3), (13).	Jan. 3, 1975, Pub. L. 93–633, § 103, 88 Stat. 2156; restated Nov. 16, 1990, Pub. L. 101–615, § 3(a), 104 Stat. 3245; Oct. 24, 1992, Pub. L. 102–508, §§ 501, 502, 106 Stat. 3311.
5102(2)	49 App.:1802(4).
5102(3)	49 App.:1802(5).
5102(4)	49 App.:1802(6).
5102(5)	49 App.:1802(7).
5102(6)	49 App.:1802(8).
5102(7)	49 App.:1802(9).
5102(8)	49 App.:1802(10).
5102(9)	49 App.:1802(11).
5102(10)	49 App.:1802(12).
5102(11)	49 App.:1802(14).
5102(12)	49 App.:1802(15).
5102(13)	49 App.:1802(16).

In this chapter, the words “or shipped” are omitted as being included in “transported”.

In clause (1), before subclause (A), the text of 49 App.:1802(1), (3), and (13) is omitted because the complete names of the Administrator of the Environmental Protection Agency, Director of the Federal Emergency Management Agency, and Secretary of Transportation are used the first time the terms appear in a section. The words “traffic, commerce” are omitted as surplus. In subclause (B), the words “between a place in a State and a place outside of the State” are substituted for “described in clause (A)” for clarity.

In clauses (3)(C) and (10)(B), the words “at a minimum” are omitted as surplus.

In clause (5), the words “administrative hearing or other” are omitted as surplus.

In clause (9), before subclause (A), the words “including any trustee, receiver, assignee, or similar representative thereof” are omitted as surplus.

In clause (12), the words “by any mode” are omitted as surplus.

Editorial Notes

References in Text

25 U.S.C. 450b section 4 of Pub. L. 93–638Jan. 4, 197588 Stat. 2204 section 450b of Title 25 section 5304 of Title 25Section 4 of the Indian Self-Determination and Education Assistance Act (), referred to in par. (6), is , , , which was classified to , Indians, prior to editorial reclassification as .

Amendments

Pub. L. 110–244 Pub. L. 109–59, § 7102(2)2008—Par. (3). amended . See 2005 Amendment notes below.

Pub. L. 109–59, § 7102(1)2005—Par. (1)(C). , added subpar. (C).

Pub. L. 109–59, § 7126Par. (2). , substituted “Secretary” for “Secretary of Transportation”.

Pub. L. 109–59, § 7102(2)(A)Pub. L. 110–244, § 302(a)(1)Par. (3)(A)(i). , as amended by , (2), added cl. (i) and struck out former cl. (i) which read as follows: “employed by a hazmat employer; and”.

Pub. L. 109–59, § 7102(2)(B)Pub. L. 110–244, § 302(a)(1)Par. (3)(A)(ii). , as amended by , (3), substituted “course of such full time, part time, or temporary employment, or such self employment,” for “course of employment” and inserted “and” at end.

Pub. L. 109–59, § 7102(2)(D)(i)Pub. L. 110–244, § 302(a)(1)Par. (3)(B). , as amended by , substituted “employed on a full time, part time, or temporary basis by a hazmat employer, or self employed,” for “employed by a hazmat employer,” in introductory provisions.

Pub. L. 109–59, § 7102(2)(C)Pub. L. 110–244, § 302(a)(1), as amended by , redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “includes an owner-operator of a motor vehicle transporting hazardous material in commerce; and”.

Pub. L. 109–59, § 7102(2)(D)(ii)Pub. L. 110–244, § 302(a)(1)Par. (3)(B)(ii). , as amended by , added cl. (ii) and struck out former cl. (ii) which read as follows: “manufactures, reconditions, or tests containers, drums, and packagings represented as qualified for use in transporting hazardous material;”.

Pub. L. 109–59, § 7102(2)(C)Pub. L. 110–244, § 302(a)(1)Par. (3)(C). , as amended by , redesignated subpar. (C) as (B).

Pub. L. 109–59, § 7102(3)Par. (4). , amended par. (4) generally. Prior to amendment, par. (4) consisted of subpars. (A) to (C), which included within definition of “hazmat employer” a person using at least one employee in connection with transporting or containers for transporting hazardous material, an owner-operator of a motor vehicle transporting hazardous material in commerce, and 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 certain described activities.

Pub. L. 109–59, § 7102(4)Par. (5). , inserted “relating to hazardous material” after “of a condition”.

Pub. L. 109–59, § 7102(5)section 13102 of this titlePar. (7). , amended par. (7) generally. Prior to amendment, par. (7) read as follows: “ ‘motor carrier’ means a motor carrier, motor private carrier, and freight forwarder as those terms are defined in .”

Pub. L. 109–59, § 7102(6)Par. (8). , substituted “National Response Team” for “national response team” in two places and “National Contingency Plan” for “national contingency plan”.

Pub. L. 109–59, § 7102(7)Par. (9)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “includes a government, Indian tribe, or authority of a government or tribe offering hazardous material for transportation in commerce or transporting hazardous material to further a commercial enterprise; but”.

Pub. L. 109–59, § 7102(8)Pars. (11) to (14). , added par. (11) and redesignated former pars. (11) to (13) as (12) to (14), respectively.

Pub. L. 104–881995—Par. (7). substituted “motor carrier, motor private” for “motor common carrier, motor contract carrier, motor private” and “section 13102” for “section 10102”.

Pub. L. 103–3111994—Pars. (3)(C)(ii), (4)(A)(iii). substituted “packagings” for “packages”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–244 Pub. L. 109–59Aug. 10, 2005Pub. L. 109–59 Pub. L. 109–59June 6, 2008Pub. L. 110–244 section 121(b) of Pub. L. 110–244 section 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.