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.

Section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450span), referred to in par. (6), is section 4 of Puspan. L. 93–638, Jan. 4, 1975, 88 Stat. 2204, which was classified to section 450span of Title 25, Indians, prior to editorial reclassification as section 5304 of Title 25.

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

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

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

Par. (3)(A)(i). Puspan. L. 109–59, § 7102(2)(A), as amended by Puspan. 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). Puspan. L. 109–59, § 7102(2)(B), as amended by Puspan. 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). Puspan. L. 109–59, § 7102(2)(D)(i), as amended by Puspan. 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.

Puspan. L. 109–59, § 7102(2)(C), as amended by Puspan. 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). Puspan. L. 109–59, § 7102(2)(D)(ii), as amended by Puspan. 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). Puspan. L. 109–59, § 7102(2)(C), as amended by Puspan. L. 110–244, § 302(a)(1), redesignated subpar. (C) as (B).

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

Par. (7). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 109–59, § 7102(8), added par. (11) and redesignated former pars. (11) to (13) as (12) to (14), respectively.

1995—Par. (7). Puspan. 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). Puspan. L. 103–311 substituted “packagings” for “packages”.

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