Page:United States Statutes at Large Volume 104 Part 4.djvu/931

 PUBLIC LAW 101-615—NOV. 16, 1990 104 STAT. 3247 this title, any agency or instrumentality of the Federal Government. "(12) PUBLIC SECTOR EMPLOYEE. —The term 'public sector employee' means an individual who is employed by a State or a political subdivision thereof or an Indian tribe and who in the course of the individual's employment has responsibilities relating to responding to accidents and incidents involving the transportation of hazardous materials. Such term includes, at a minimum, a person employed by a State or political subdivision thereof or an Indian tribe as a firefighter or law enforcement officer. Such term also includes a person who volunteers to serve as a firefighter for a State or political subdivision thereof or an Indian tribe. "(13) SECRETARY. — The term 'Secretary' means the Secretary of Transportation or the Secretary's delegate. "(14) STATE. —The term 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other territory or possession of the United States designated by the Secretary; except that as used in section 121, relating to uniformity of State registration and permitting forms and procedures, slich term means a State of the United States and the District of Columbia. "(15) TRANSPORTS OR TRANSPORTATION. — The term 'transports' or 'transportation' means any movement of property by any mode, and any loading, unloading, or storage incidental thereto. "(16) UNITED STATES. —The term 'United States' means all of the States.", (b) CONFORMING AMENDMENT.— Section 111(b) (49 U.S.C. App. 1810(b)) is amended by striking the second sentence. SEC. 4. FEDERAL REGULATIONS GOVERNING TRANSPORTATION OF HAZARDOUS MATERIALS. Section 105 (49 U.S.C. App. 1804) is amended to read as follows: "SEC. 105. REGULATIONS GOVERNING TRANSPORTATION OF HAZARDOUS MATERIALS. " (a) GENERAL.— "(1) ISSUANCE. — The Secretary shall issue regulations for the safe transportation of hazardous materials in intrastate, interstate, and foreign commerce. The regulations issued under this section shall govern any aspect of hazardous materials transportation safety which the Secretary deems necessary or appropriate. "(2) PROCEDURES.— Regulations issued under paragraph (1) shall be issued in accordance with section 553 of title 5, United States Code, including an opportunity for informal oral presentation. "(3) APPLICABILITY.— Regulations issued under paragraph (1) shall be applicable to any person who transports, ships, causes to be transported or shipped, or who manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a package or container which is represented, marked, certified, or sold by such person as qualified for use in the transportation in commerce of hazardous materials. "(4) PREEMPTION.—

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