Page:United States Statutes at Large Volume 108 Part 2.djvu/44

 108 STAT. 760 PUBLIC LAW 103-272—JULY 5, 1994 (i) loads, unloads, or handles hazardous material; (ii) manufactures, reconditions, or tests containers, drums, and packages 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 packages 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, carry- ing 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 common carrier, motor contract carrier, motor private carrier, and freight forwarder as those terms are defined in section 10102 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

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