Hazardous Material Transportation: Definitions & Provisions from Multiple Acts, Summaries of Public Health

Download Hazardous Material Transportation: Definitions & Provisions from Multiple Acts and more Summaries Public Health in PDF only on Docsity! Page 163 TITLE 49—TRANSPORTATION § 5102 SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–141, div. B, § 20001, July 6, 2012, 126 Stat. 622, provided that: ‘‘This division [see Tables for classi- fication] may be cited as the ‘Federal Public Transpor- tation Act of 2012’.’’ Pub. L. 112–141, div. C, title III, § 33001, July 6, 2012, 126 Stat. 832, provided that: ‘‘This title [see Tables for clas- sification] may be cited as the ‘Hazardous Materials Transportation Safety Improvement Act of 2012’.’’ SHORT TITLE OF 2005 AMENDMENT Pub. L. 109–59, title III, § 3001, Aug. 10, 2005, 119 Stat. 1544, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘Federal Public Transpor- tation Act of 2005’.’’ Pub. L. 109–59, title VII, § 7001, Aug. 10, 2005, 119 Stat. 1891, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–178, title III, § 3001, June 9, 1998, 112 Stat. 338, provided that: ‘‘This title [amending sections 5302 to 5305, 5307 to 5315, 5317 to 5320, 5323, 5325 to 5328, and 5333 to 5338 of this title and enacting provisions set out as notes under sections 301, 5301, 5307 to 5310, 5323, 5336, and 5338 of this title and sections 138 and 322 of Title 23, Highways] may be cited as the ‘Federal Transit Act of 1998’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–291, title II, § 201, Oct. 11, 1996, 110 Stat. 3453, provided that: ‘‘This title [enacting section 5908 of this title and amending sections 5901 to 5903 and 5905 to 5907 of this title] may be cited as the ‘Intermodal Safe Container Transportation Amendments Act of 1996’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–311, title I, § 101, Aug. 26, 1994, 108 Stat. 1673, provided that: ‘‘This title [amending sections 5102 to 5104, 5107, 5108, 5110, 5116, 5117, 5121, and 5125 to 5127 of this title and enacting provisions set out as notes under this section, sections 5103, 5112, and 5121 of this title, and section 307 of Title 23, Highways] may be cited as the ‘Hazardous Materials Transportation Au- thorization Act of 1994’.’’ TRANSFER OF FUNCTIONS For transfer of duties, powers, and authority of Re- search and Special Programs Administration under this chapter to the Administrator of the Pipeline and Haz- ardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title. FINDINGS Pub. L. 109–59, title VII, § 7101(a), Aug. 10, 2005, 119 Stat. 1891, provided that: ‘‘Congress finds with respect to hazardous materials transportation that— ‘‘(1) approximately 4,000,000,000 tons of regulated hazardous materials are transported each year and approximately 1,200,000 movements of hazardous ma- terials occur each day, according to Department of Transportation estimates; ‘‘(2) the movement of hazardous materials in com- merce is necessary to maintain economic vitality and meet consumer demands and must be conducted in a safe, secure, and efficient manner; ‘‘(3) accidents involving, or unauthorized access to, hazardous materials in transportation may result in a release of such materials and pose a serious threat to public health and safety; ‘‘(4) because of the potential risks to life, property, and the environment posed by unintentional releases of hazardous materials, consistency in laws and regu- lations governing the transportation of hazardous materials is necessary and desirable; and ‘‘(5) in order to provide reasonable, adequate, and cost-effective protection from the risks posed by the transportation of hazardous materials, a network of well-trained State and local emergency response per- sonnel and hazmat employees is essential.’’ BUY AMERICAN Pub. L. 103–311, title I, § 123, Aug. 26, 1994, 108 Stat. 1682, provided that: ‘‘(a) COMPLIANCE WITH BUY AMERICAN ACT.—None of the funds made available under this title [see Short Title of 1994 Amendment note above] may be expended in violation of sections 2 through 4 of the Act of March 3, 1933 ([former] 41 U.S.C. 10a–10c; popularly known as the ‘Buy American Act’ [see 41 U.S.C. 8301 et seq.]), which are applicable to those funds. ‘‘(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.— ‘‘(1) In the case of any equipment or products that may be authorized to be purchased with financial as- sistance provided under this title, it is the sense of Congress that entities receiving such assistance should, in expending such assistance, purchase only American-made equipment and products. ‘‘(2) In providing financial assistance under this title, the Secretary of Transportation shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by Congress. ‘‘(c) PROHIBITION OF CONTRACTS.—If it has been finally determined by a court or Federal agency that any per- son intentionally affixed a label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this title, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. ‘‘(d) RECIPROCITY.— ‘‘(1) Except as provided in paragraph (2), no con- tract or subcontract may be made with funds author- ized under this title to a company organized under the laws of a foreign country unless the Secretary of Transportation finds that such country affords com- parable opportunities to companies organized under laws of the United States. ‘‘(2)(A) The Secretary of Transportation may waive the provisions of paragraph (1) if the products or serv- ices required are not reasonably available from com- panies organized under the laws of the United States. Any such waiver shall be reported to Congress. ‘‘(B) Paragraph (1) shall not apply to the extent that to do so would violate the General Agreement on Tariffs and Trade or any other international agree- ment to which the United States is a party.’’ ‘‘SECRETARY’’ DEFINED Pub. L. 112–141, div. C, title III, § 33002, July 6, 2012, 126 Stat. 832, provided that: ‘‘In this title [see Tables for classification], the term ‘Secretary’ means the Sec- retary of Transportation.’’ § 5102. Definitions In this chapter— (1) ‘‘commerce’’ means trade or transpor- tation 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 be- tween 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. Page 164TITLE 49—TRANSPORTATION§ 5102 2 Editorially supplied. (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, ves- sel, or aircraft) transporting hazardous material in commerce; and (ii) who during the course of such full time, part time, or temporary employ- ment, or such self employment, directly affects hazardous material transportation safety as the Secretary decides by regula- tion; and (B) includes an individual, employed on a full time, part time, or temporary basis by a hazmat employer, or self employed, who dur- ing the course of employment— (i) loads, unloads, or handles hazardous material; (ii) designs, manufactures, fabricates, in- spects, marks, maintains, reconditions, re- pairs, 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 trans- porting 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, ves- sel, 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, recondi- tions, repairs, or tests a package, con- tainer, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting haz- ardous material in commerce; and (B) includes a department, agency, or in- strumentality of the United States Govern- ment, or an authority of a State, political subdivision of a State, or Indian tribe, car- rying 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, prop- erty, 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 Environ- mental 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 trans- portation in commerce; (ii) transports hazardous material to fur- ther 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 In- dian tribe and who during the course of em- ployment has responsibilities related to re- sponding to an accident or incident involv- ing the transportation of hazardous mate- rial; (B) includes an individual employed by a State, political subdivision of a State, or In- dian tribe as a firefighter or law enforce- ment 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 Mar- iana 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 Colum- bia.