[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR385.402]

[Page 1015]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 385_SAFETY FITNESS PROCEDURES--Table of Contents
 
              Subpart E_Hazardous Materials Safety Permits
 
Sec. 385.402  What definitions are used in this subpart?

    (a) The definitions in parts 390 and 385 of this chapter apply to 
this subpart, except where otherwise specifically noted.
    (b) As used in this part,
    Hazardous material has the same meaning as under Sec. 171.8 of this 
title: A substance or material that the Secretary of Transportation has 
determined is capable of posing an unreasonable risk to health, safety, 
and property when transported in commerce, and has designated as 
hazardous under Sec. 5103 of Federal hazardous materials transportation 
law (49 U.S.C. 5103). The term includes hazardous substances, hazardous 
wastes, marine pollutants, elevated temperature materials, materials 
designated as hazardous in the Hazardous Materials Table (see Sec. 
172.101 of this title), and materials that meet the defining criteria 
for hazard classes and divisions in part 173 of this title.
    Hazmat employee has the same meaning as under Sec. 171.8 of this 
title: A person who is employed by a hazmat employer as defined under 
Sec. 171.8 of this title, and who in the course of employment directly 
affects hazardous materials transportation safety. This term includes an 
owner-operator of a motor vehicle that transports hazardous materials in 
commerce. This term includes an individual who, during the course of 
employment:
    (1) Loads, unloads, or handles hazardous materials;
    (2) Manufactures, tests, reconditions, repairs, modifies, marks, or 
otherwise represents containers, drums, or packaging as qualified for 
use in the transportation of hazardous materials;
    (3) Prepares hazardous materials for transportation;
    (4) Is responsible for the safe transportation of hazardous 
materials; or
    (5) Operates a vehicle used to transport hazardous materials.
    Liquefied natural gas (LNG) means a Division 2.1 liquefied natural 
gas material that is transported in a liquid state with a methane 
content of 85 percent or more.
    Safety permit means a document issued by FMCSA that contains a 
permit number and confers authority to transport in commerce the 
hazardous materials listed in Sec. 385.403.
    Shipment means the offering or loading of hazardous materials at one 
loading facility using one transport vehicle, or the transport of that 
transport vehicle.