Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 05 - MARYLAND PORT ADMINISTRATION › Chapter 11.05.02 - Hazardous Materials › Section 11.05.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "CFR" means the Code of Federal
				Regulations.
(2) "Citation" means a
				charging document:
(a) Issued by an authorized
				member of the Maryland Transportation Authority (MdTA) Police, which specifies
				the offense for which the person stands accused; and
(b) Which is in the following form:
(i) For the purpose of traffic offenses under
				Transportation Article, §
												6-211, Annotated Code
				of Maryland, the Uniform Traffic Summons or Citation form is sufficient, when
				properly completed; or
(ii) For the
				purpose of any other offense, the MdTA Police's standard citation form is
				sufficient, when properly completed.
(3) "Commodities requiring notification"
				means those hazardous materials which can be introduced into the Port without a
				specific permit, including those shipments in the waterborne mode.
(4) "Commodities requiring permits" means
				hazardous materials which present a high risk to the safety of persons or
				property at MPA port facilities, including those shipments in the waterborne
				mode.
(5) "Director of Security"
				means the MPA official in charge of security at the Maryland Port
				Administration.
(6) "Executive
				Director" means the Executive Director of the Maryland Port
				Administration.
(7) Fissile
				Material.
(a) "Fissile material" means (as
				defined in 49 CFR §
												173.403) plutonium 238, 239, or 241, or
				uranium 233 or 235, or any combination of these radionuclides.
(b) "Fissile material" does not mean:
(i) Material containing fissile
				nuclides;
(ii) Unirradiated natural
				uranium and unirradiated depleted uranium;
(iii) Natural uranium or depleted uranium
				that has been irradiated in thermal uranium;
(iv) Depleted uranium that has been
				irradiated in thermal reactors only; or
(v) Material listed in
				49 CFR §
													173.453.
(8) "Hazardous material" means a substance or
				material including a hazardous substance which has been designated by the
				United States Secretary of Transportation to be capable of posing an
				unreasonable risk to health, safety, and property when transported in
				commerce.
(9) "Hazardous materials
				incident" means:
(a) An actual release of
				hazardous materials from the packaging or containment used for its transport or
				storage;
(b) The imminent danger of
				an actual release of hazardous materials from the packaging or containment used
				for its transport or storage; or
(c) The imminent danger of injury to persons
				or property due to the method of transportation or the place of storage of
				hazardous materials.
(10) "IMDG Code" means the International
				Maritime Dangerous Goods Code.
(11)
				"Introduce in the Port" means the transporting, handling, storing, off-loading
				from, or loading on to a vessel, or having on board a vessel as cargo or via
				any means of transportation causing to be present at an MPA port facility any
				materials regulated there.
(12)
				"Manager, Safety, Environment, and Risk Management (SERM)" means the MPA
				official in charge of regulating the transportation and storage of hazardous
				materials, or the Manager's designee.
(13) "MdTA" means the Maryland Transportation
				Authority.
(14) "MdTA Police" has
				the meaning stated in COMAR 11.05.03.02.
(15) "MPA" means the Maryland Port
				Administration.
(16) "MPA port
				facility" means any one or more or combination of:
(a) Lands, piers, docks, wharves, warehouses,
				sheds, transit sheds, buildings, structures, and other facilities,
				appurtenances, and equipment used for or designed for use in connection with
				the operation of a port;
(b) Every
				kind of terminal or storage structure or facility used for or designed for use
				in handling, storing, loading, or unloading freight or passengers at marine
				terminals;
(c) Every kind of
				transportation facility used for or designed for use in connection with any of
				these.
(17) "Person"
				means an individual, receiver, trustee, guardian, executor, administrator,
				fiduciary, broker, freight forwarder, agent, or representative of any kind, and
				any partnership, firm, association, public or private corporation, sole
				proprietorship, or any other entity.
(18) "Prohibited commodities" means hazardous
				materials which are barred from transportation by land or water carrier by
				either the US DOT regulations or the IMDG Code, or which present unacceptable
				risks to the safety of life and property in the Port of Baltimore as determined
				by the Manager, SERM or the Manager's designee.
(19) "Terminal operator" means the person
				controlling the land use of a marine terminal including railroads and lessees
				of facilities from the MPA.
(20)
				"US DOT regulations" means the United States Department of Transportation
				regulations contained in CFR, Titles 33, 46, and 49, which are incorporated by
				reference.
(21) "Vessel" means the
				vessel and those in charge of the vessel.