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119th Congress

Title 49 — Transportation

Chapter 51 — Transportation of Hazardous Material

§ 5102. Definitions

Statutory text

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).1

(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.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–272 § 1(d) · 108 Stat. 745

    Enacted · 49 U.S.C. § 5102

    Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 759

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 759

    Enacted provision · exact public law section
    (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

  2. Pub. L. 103–311 title I § 117(a)(1) · 108 Stat. 1673

    Substituted · 49 U.S.C. § 5102(3)(C)(ii); 49 U.S.C. § 5102(4)(A)(iii)

    Pub. L. 103–311 substituted “packagings” for “packages”

    Source evidence

    Code amendment note
    Pars. (3)(C)(ii), (4)(A)(iii). Pub. L. 103–311 substituted “packagings” for “packages”.

    Enacted provision · exact public law section
    (1) Sections 5102(3)(C)(ii) and 5102(4)(A)(iii) are each amended by striking “packages” and inserting “packagings”.

  3. ICC Termination Act of 1995

    Pub. L. 104–88 title III § 308(d) · 109 Stat. 803

    1. Substituted · 49 U.S.C. § 5102(7)

      Pub. L. 104–88 substituted “motor carrier, motor private” for “motor common carrier, motor contract carrier, motor private”

    2. Substituted · 49 U.S.C. § 5102(7)

      Pub. L. 104–88 substituted “section 13102” for “section 10102”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (d) Section 5102.— Section 5102(7) of such title is amended— (1) by striking “common”; (2) by striking “motor contract carrier,”; and (3) by striking “10102” and inserting in lieu thereof “13102”.

  4. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(1) · 119 Stat. 1144

    Added · 49 U.S.C. § 5102(1)(C)

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

    Source evidence

    Code amendment note
    Par. (1)(C). Pub. L. 109–59, § 7102(1), added subpar. (C).

    Enacted provision · exact public law section
    (1) Commerce.— Paragraph (1) is amended— (A) by striking “or” after the semicolon in subparagraph (A); (B) by striking “State.” in subparagraph (B) and inserting “State; or”; and (C) by adding at the end the following: “(C) on a United States-registered aircraft.” .

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  5. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7126 · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5102(2)

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

    Source evidence

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

    Enacted provision · exact public law section
    SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  6. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(2)(A) · 119 Stat. 1144

    1. Amended · 49 U.S.C. § 5102(3)(A)(i)

      Pub. L. 109–59, § 7102(2)(A), as amended by Pub. L. 110–244, § 302(a)(1), (2)

    2. Added · 49 U.S.C. § 5102(3)(A)(i)

      Pub. L. 109–59, § 7102(2)(A), as added cl. (i)

    3. Struck · 49 U.S.C. § 5102(3)(A)(i)

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

    Source evidence

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

    Enacted provision · exact public law section
    (A) by striking clause (i) and inserting the following: “(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” ;

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  7. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(2)(B) · 119 Stat. 1144

    1. Amended · 49 U.S.C. § 5102(3)(A)(ii)

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

    2. Substituted · 49 U.S.C. § 5102(3)(A)(ii)

      Pub. L. 109–59, § 7102(2)(B), as substituted “course of such full time, part time, or temporary employment, or such self employment,” for “course of employment”

    3. Inserted · 49 U.S.C. § 5102(3)(A)(ii)

      Pub. L. 109–59, § 7102(2)(B), as inserted “and” at end

    Source evidence

    Code amendment note
    Par. (3)(A)(ii). Pub. L. 109–59, § 7102(2)(B), as amended by Pub. L. 110–244, § 302(a)(1), (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.

    Enacted provision · exact public law section
    (B) in clause (ii)— (i) by striking “course of employment” and inserting “course of such full time, part time, or temporary employment, or such self employment,”; and (ii) by adding “and” after the semicolon;

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  8. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(2)(D)(i) · 119 Stat. 1144

    1. Amended · 49 U.S.C. § 5102(3)(B)

      Pub. L. 109–59, § 7102(2)(D)(i), as amended by Pub. L. 110–244, § 302(a)(1)

    2. Substituted · 49 U.S.C. § 5102(3)(B)

      Pub. L. 109–59, § 7102(2)(D)(i), as 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

    Source evidence

    Code amendment note
    Par. (3)(B). Pub. L. 109–59, § 7102(2)(D)(i), as amended by Pub. L. 110–244, § 302(a)(1), 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.

    Enacted provision · exact public law section
    (i) by striking “employed by a hazmat employer,” and inserting “employed on a full time, part time, or temporary basis by a hazmat employer, or self employed,”; and

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  9. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(2)(C) · 119 Stat. 1144

    1. Amended · 49 U.S.C. § 5102(3)(B)

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

    2. Redesignated · 49 U.S.C. § 5102(3)(B)

      Pub. L. 109–59, § 7102(2)(C), as redesignated subpar. (C) as (B)

    3. Struck · 49 U.S.C. § 5102(3)(B)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–59, § 7102(2)(C), as amended by Pub. L. 110–244, § 302(a)(1), 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”.

    Enacted provision · exact public law section
    (C) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); and

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  10. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(2)(D)(ii) · 119 Stat. 1144

    1. Amended · 49 U.S.C. § 5102(3)(B)(ii)

      Pub. L. 109–59, § 7102(2)(D)(ii), as amended by Pub. L. 110–244, § 302(a)(1)

    2. Added · 49 U.S.C. § 5102(3)(B)(ii)

      Pub. L. 109–59, § 7102(2)(D)(ii), as added cl. (ii)

    3. Struck · 49 U.S.C. § 5102(3)(B)(ii)

      Pub. L. 109–59, § 7102(2)(D)(ii), as 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;”

    Source evidence

    Code amendment note
    Par. (3)(B)(ii). Pub. L. 109–59, § 7102(2)(D)(ii), as amended by Pub. L. 110–244, § 302(a)(1), 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;”.

    Enacted provision · exact public law section
    (ii) by striking clause (ii) and inserting the following: “(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;” .

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  11. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(2)(C) · 119 Stat. 1144

    1. Amended · 49 U.S.C. § 5102(3)(C)

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

    2. Redesignated · 49 U.S.C. § 5102(3)(C)

      Pub. L. 109–59, § 7102(2)(C), as redesignated subpar. (C) as (B)

    Source evidence

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

    Enacted provision · exact public law section
    (C) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); and

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  12. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(3) · 119 Stat. 1144

    Amended · 49 U.S.C. § 5102(4)

    Pub. L. 109–59, § 7102(3), 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

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 109–59, § 7102(3), 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.

    Enacted provision · exact public law section
    (3) Hazmat employer.— Paragraph (4) is amended to read as follows: “(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).” .

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  13. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(4) · 119 Stat. 1144

    Inserted · 49 U.S.C. § 5102(5)

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

    Source evidence

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

    Enacted provision · exact public law section
    (4) Imminent hazard.— Paragraph (5) is amended by inserting “relating to hazardous material” after “of a condition”.

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  14. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(5) · 119 Stat. 1144

    Amended · 49 U.S.C. § 5102(7)

    Pub. L. 109–59, § 7102(5), 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 section 13102 of this title.”

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 109–59, § 7102(5), 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 section 13102 of this title.”

    Enacted provision · exact public law section
    (5) Motor carrier.— Paragraph (7) is amended to read as follows: “(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.” .

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  15. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(6) · 119 Stat. 1144

    1. Substituted · 49 U.S.C. § 5102(8)

      Pub. L. 109–59, § 7102(6), substituted “National Response Team” for “national response team”

    2. Substituted · 49 U.S.C. § 5102(8)

      Pub. L. 109–59, § 7102(6), substituted “National Contingency Plan” for “national contingency plan”

    Source evidence

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

    Enacted provision · exact public law section
    (6) National response team.— Paragraph (8) is amended— (A) by striking “national response team” both places it appears and inserting “National Response Team”; and (B) by striking “national contingency plan” and inserting “National Contingency Plan”.

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  16. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(7) · 119 Stat. 1144

    Amended · 49 U.S.C. § 5102(9)(A)

    Pub. L. 109–59, § 7102(7), 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”

    Source evidence

    Code amendment note
    Par. (9)(A). Pub. L. 109–59, § 7102(7), 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”.

    Enacted provision · exact public law section
    (7) Person.— Paragraph (9)(A) is amended to read as follows: “(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” .

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  17. Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7102(8) · 119 Stat. 1144

    1. Added · 49 U.S.C. § 5102(11)(14)

      Pub. L. 109–59, § 7102(8), added par. (11)

    2. Redesignated · 49 U.S.C. § 5102(11)(14)

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

    Source evidence

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

    Enacted provision · exact public law section
    (8) Secretary of transportation.— Section 5102 is further amended— (A) by redesignating paragraphs (11), (12), and (13) as paragraphs (12), (13), and (14), respectively; and (B) by inserting after paragraph (10) the following: “(11) ‘Secretary’ means the Secretary of Transportation except as otherwise provided.” .

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

  18. SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 title III § 302(a) · 122 Stat. 1572

    Amended · 49 U.S.C. § 5102(3)

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

    Source evidence

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

    Enacted provision · exact public law section
    (a) Definition of Hazmat Employees.— Section 7102(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for 49 USC 5102. Users (119 Stat. 1892) is amended— (1) by striking “(3)(A)” and inserting “(3)”; (2) in subparagraph (A) by striking “clause (i)” and inserting “clause (i) of subparagraph (A)”; and (3) in subparagraph (B) by striking “clause (ii)” and inserting “subparagraph (A)(ii)”.

    Effective date note
    Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

31 of 31 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (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

Section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), referred to in par. (6), is section 4 of Pub. L. 93–638, , 88 Stat. 2204, which was classified to section 450b of Title 25, Indians, prior to editorial reclassification as section 5304 of Title 25.

Amendments1994–2008 · 4 rounds

2008

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

2005

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

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

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

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

Par. (3)(B). Pub. L. 109–59, § 7102(2)(D)(i), as amended by Pub. L. 110–244, § 302(a)(1), 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), as amended by Pub. L. 110–244, § 302(a)(1), 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”.

Par. (3)(B)(ii). Pub. L. 109–59, § 7102(2)(D)(ii), as amended by Pub. L. 110–244, § 302(a)(1), 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;”.

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

Par. (4). Pub. L. 109–59, § 7102(3), 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.

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

Par. (7). Pub. L. 109–59, § 7102(5), 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 section 13102 of this title.”

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

Par. (9)(A). Pub. L. 109–59, § 7102(7), 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”.

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

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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 () and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before , that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

Credits

1994–2008 · 5 acts
  1. 1994Pub. L. 103–272, § 1(d), , 108 Stat. 759
  2. 1994Pub. L. 103–311, title I, § 117(a)(1), , 108 Stat. 1678
  3. 1995Pub. L. 104–88, title III, § 308(d), , 109 Stat. 947
  4. 2005Pub. L. 109–59, title VII, §§ 7102, 7126, , 119 Stat. 1892, 1909
  5. 2008Pub. L. 110–244, title III, § 302(a), , 122 Stat. 1618.
Show as published

(Pub. L. 103–272, § 1(d), , 108 Stat. 759; Pub. L. 103–311, title I, § 117(a)(1), , 108 Stat. 1678; Pub. L. 104–88, title III, § 308(d), , 109 Stat. 947; Pub. L. 109–59, title VII, §§ 7102, 7126, , 119 Stat. 1892, 1909; Pub. L. 110–244, title III, § 302(a), , 122 Stat. 1618.)

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