Page:United States Statutes at Large Volume 119.djvu/1911

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1893

‘‘(III) 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; and ‘‘(B) 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, carrying out an activity described in clause (ii).’’. (4) IMMINENT HAZARD.—Paragraph (5) is amended by inserting ‘‘relating to hazardous material’’ after ‘‘of a condition’’. (5) MOTOR CARRIER.—Paragraph (7) is amended to read as follows: ‘‘(7) ‘motor carrier’— ‘‘(A) means a motor carrier, motor private carrier, and freight forwarder as those terms are defined in section 13102; but ‘‘(B) does not include a freight forwarder, as so defined, if the freight forwarder is not performing a function relating to highway transportation.’’. (6) NATIONAL RESPONSE TEAM.—Paragraph (8) is amended— (A) by striking ‘‘national response team’’ both places it appears and inserting ‘‘National Response Team’’; and (B) by striking ‘‘national contingency plan’’ and inserting ‘‘National Contingency Plan’’. (7) PERSON.—Paragraph (9)(A) is amended to read as follows: ‘‘(A) includes a government, Indian tribe, or authority of a government or tribe that— ‘‘(i) offers hazardous material for transportation in commerce; ‘‘(ii) transports hazardous material to further a commercial enterprise; or ‘‘(iii) 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; but’’. (8) SECRETARY OF TRANSPORTATION.—Section 5102 is further amended— (A) by redesignating paragraphs (11), (12), and (13) as paragraphs (12), (13), and (14), respectively; and (B) by inserting after paragraph (10) the following: ‘‘(11) ‘Secretary’ means the Secretary of Transportation except as otherwise provided.’’. SEC. 7103. GENERAL REGULATORY AUTHORITY.

(a) DESIGNATING MATERIAL AS HAZARDOUS.—Section 5103(a) is amended— (1) by striking ‘‘etiologic agent’’ and all that follows through ‘‘corrosive material,’’ and inserting ‘‘infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material,’’; and (2) by striking ‘‘decides’’ and inserting ‘‘determines’’.

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