
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC5102]

 
                        TITLE 49--TRANSPORTATION
 
              SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
 
            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
 
Sec. 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; or
            (B) that affects trade or transportation between a place in 
        a State and a place outside of the State.

        (2) ``hazardous material'' means a substance or material the 
    Secretary of Transportation designates under section 5103(a) of this 
    title.
        (3) ``hazmat employee''--
            (A) means an individual--
                (i) employed by a hazmat employer; and
                (ii) who during the course of employment directly 
            affects hazardous material transportation safety as the 
            Secretary decides by regulation;

            (B) includes an owner-operator of a motor vehicle 
        transporting hazardous material in commerce; and
            (C) includes an individual, employed by a hazmat employer, 
        who during the course of employment--
                (i) loads, unloads, or handles hazardous material;
                (ii) manufactures, reconditions, or tests containers, 
            drums, and packagings represented as qualified for use in 
            transporting hazardous material;
                (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 using at least one employee of that 
        person in connection with--
                (i) transporting hazardous material in commerce;
                (ii) causing hazardous material to be transported in 
            commerce; or
                (iii) manufacturing, reconditioning, or testing 
            containers, drums, and packagings represented as qualified 
            for use in transporting hazardous material;

            (B) includes an owner-operator of a motor vehicle 
        transporting hazardous material in commerce; and
            (C) 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 subclause (A)(i), (ii), or (iii) of this 
        clause (4).

        (5) ``imminent hazard'' means the existence of a condition 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'' means a motor carrier, motor private 
    carrier, and freight forwarder as those terms are defined in section 
    13102 of this title.
        (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 offering hazardous material for 
        transportation in commerce or transporting hazardous material to 
        further a commercial enterprise; 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) ``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.

        (12) ``transports'' or ``transportation'' means the movement of 
    property and loading, unloading, or storage incidental to the 
    movement.
        (13) ``United States'' means all of the States.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 759; Pub. L. 103-
311, title I, Sec. 117(a)(1), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 
104-88, title III, Sec. 308(d), Dec. 29, 1995, 109 Stat. 947.)

                                          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, Sec.
                                                                          103, 
88 Stat. 2156; restated Nov. 16,
                                                                          1990,
 Pub. L. 101-615, Sec.  3(a), 104
                                                                          Stat.
 3245; Oct. 24, 1992, Pub. L. 102-
                                                                          508, 
Secs.  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).
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---------------------------------

    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.


                               Amendments

    1995--Par. (7). Pub. L. 104-88 substituted ``motor carrier, motor 
private'' for ``motor common carrier, motor contract carrier, motor 
private'' and ``section 13102'' for ``section 10102''.
    1994--Pars. (3)(C)(ii), (4)(A)(iii). Pub. L. 103-311 substituted 
``packagings'' for ``packages''.

                  Section Referred to in Other Sections

    This section is referred to in sections 31301, 31310 of this title.
