Page:United States Statutes at Large Volume 108 Part 2.djvu/45

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 761 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) "State" means— (A) except in section 5119 of this title, a State Oi" 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. (12) "transports" or "transportation" means the movement of property and loading, unloading, or storage incidental to the movement. (13) "United States" means all of the States. § 5103. General regulatory authority (a) DESIGNATING MATERIAL AS HAZARDOUS. — The Secretary of Transportation shall designate material (including an explosive, radioactive material, etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary decides that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property. (b) REGULATIONS FOR SAFE TRANSPORTATION. — (1) The Secretary shall prescribe regulations for the safe transportation of hazardous material in intrastate, interstate, and foreign commerce. The regulations— (A) apply to a person— (i) transporting hazardous material in commerce; (ii) causing hazardous material to be transported in commerce; or (iii) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a package or container that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous material in commerce; and (B) shall govern safety aspects of the transportation of hazardous material the Secretary considers appropriate. (2) A proceeding to prescribe the regulations must include an opportunity for informal oral presentations. § 5104. Representation and tampering (a) REPRESENTATION.— ^A person may represent, by marking or otherwise, that— (1) a container or package for transporting hazardous material is safe, certified, or complies with this chapter only if the container or package meets the requirements of each regulation prescribed under this chapter; or

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