§ 5102. — Definitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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).
----------------------------------------------------------------------------------------------------------------
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.
