Md. Code Regs. 11.05.02.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.05.02.02 - Definitions

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.

Md. Code Regs. 11.05.02.02

Regulations .02 effective February 18, 2002 (29:3 Md. R. 222)
Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)
Regulation .02 amended effective 41:26 Md. R. 1570, eff.1/5/2015