DEFINITIONS.

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; or119 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.”.