Pub. L. 109-59, tit. VII, subtit. A, sec. 7104
LIMITATION ON ISSUANCE OF HAZMAT LICENSES.
SEC. 7104. LIMITATION ON ISSUANCE OF HAZMAT LICENSES.(a) Covered Hazardous Materials.—Section 5103a(b) is amended by striking “with respect to—” and all that follows and inserting “with respect to any material defined as hazardous material by the Secretary for which the Secretary requires placarding of a commercial motor vehicle transporting that material in commerce.”.(b) Recommendations on Chemical or Biological Materials.—Section 5103a is further amended—(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and(2) by inserting after subsection (b) the following:“(c) Recommendations on Chemical and Biological Materials.—The Secretary of Health and Human Services shall recommend to the Secretary of Transportation any chemical or biological material or agent for regulation as a hazardous material under section 5103(a) if the Secretary of Health and Human Services determines that such material or agent poses a significant risk to the health of individuals.”.(c) Conforming Amendment.—Section 5103a(a)(1) is amended by striking “subsection (c)(1)(B),” and inserting “subsection (d)(1)(B),”.