Page:United States Statutes at Large Volume 119.djvu/1910

 119 STAT. 1892

PUBLIC LAW 109–59—AUG. 10, 2005

against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.’’. SEC. 7102. DEFINITIONS.

Section 5102 is amended as follows: (1) COMMERCE.—Paragraph (1) is amended— (A) by striking ‘‘or’’ after the semicolon in subparagraph (A); (B) by striking ‘‘State.’’ in subparagraph (B) and inserting ‘‘State; or’’; and (C) by adding at the end the following: ‘‘(C) on a United States-registered aircraft.’’. (2) HAZMAT EMPLOYEE.—Paragraph (3)(A) is amended— (A) by striking clause (i) and inserting the following: ‘‘(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, vessel, or aircraft) transporting hazardous material in commerce; and’’; (B) in clause (ii)— (i) by striking ‘‘course of employment’’ and inserting ‘‘course of such full time, part time, or temporary employment, or such self employment,’’; and (ii) by adding ‘‘and’’ after the semicolon; (C) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); and (D) in subparagraph (B), as so redesignated— (i) by striking ‘‘employed by a hazmat employer,’’ and inserting ‘‘employed on a full time, part time, or temporary basis by a hazmat employer, or self employed,’’; and (ii) by striking clause (ii) and inserting the following: ‘‘(ii) 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;’’. (3) HAZMAT EMPLOYER.—Paragraph (4) is amended to read as follows: ‘‘(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, vessel, 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

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