1625-0025 Stat/Authority

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Par. (4). Pub. L. 109–59, § 7102(3), amended par. (4) generally. Prior to amendment, par. (4) consisted of subpars. (A) to (C), which included within definition of
‘‘hazmat employer’’ a person using at least one employee in connection with transporting or containers
for transporting hazardous material, an owner-operator
of a motor vehicle transporting hazardous material in
commerce, and 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 certain described activities.
Par. (5). Pub. L. 109–59, § 7102(4), inserted ‘‘relating to
hazardous material’’ after ‘‘of a condition’’.
Par. (7). Pub. L. 109–59, § 7102(5), amended par. (7) generally. Prior to amendment, par. (7) read as follows:
‘‘ ‘motor carrier’ means a motor carrier, motor private
carrier, and freight forwarder as those terms are defined in section 13102 of this title.’’
Par. (8). Pub. L. 109–59, § 7102(6), substituted ‘‘National
Response Team’’ for ‘‘national response team’’ in two
places and ‘‘National Contingency Plan’’ for ‘‘national
contingency plan’’.
Par. (9)(A). Pub. L. 109–59, § 7102(7), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as
follows: ‘‘includes a government, Indian tribe, or authority of a government or tribe offering hazardous material for transportation in commerce or transporting
hazardous material to further a commercial enterprise;
but’’.
Pars. (11) to (14). Pub. L. 109–59, § 7102(8), added par.
(11) and redesignated former pars. (11) to (13) as (12) to
(14), respectively.
1995—Par. (7). Pub. L. 104–88 substituted ‘‘motor carrier, motor private’’ for ‘‘motor common carrier, motor
contract carrier, motor private’’ and ‘‘section 13102’’ for
‘‘section 10102’’.
1994—Pars. (3)(C)(ii), (4)(A)(iii). Pub. L. 103–311 substituted ‘‘packagings’’ for ‘‘packages’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–244 effective as of the date
of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be
treated as included in Pub. L. 109–59 as of that date, and
provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244
to be treated as not enacted, see section 121(b) of Pub.
L. 110–244, set out as a note under section 101 of Title
23, Highways.

§ 5103. General regulatory authority
(a) DESIGNATING MATERIAL AS HAZARDOUS.—
The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive
material, and compressed gas) or a group or
class of material as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and
form may pose an unreasonable risk to health
and safety or property.
(b) REGULATIONS FOR SAFE TRANSPORTATION.—
(1) The Secretary shall prescribe regulations for
the safe transportation, including security, of
hazardous material in intrastate, interstate, and
foreign commerce. The regulations—
(A) apply to a person who—
(i) transports hazardous material in commerce;
(ii) causes hazardous material to be transported in commerce;
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or pack-

§ 5103

aging component that is represented,
marked, certified, or sold as qualified for use
in transporting hazardous material in commerce;
(iv) prepares or accepts hazardous material
for transportation in commerce;
(v) is responsible for the safety of transporting hazardous material in commerce;
(vi) certifies compliance with any requirement under this chapter; or
(vii) misrepresents whether such person is
engaged in any activity under clause (i)
through (vi); and
(B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
(2) A proceeding to prescribe the regulations
must be conducted under section 553 of title 5,
including an opportunity for informal oral presentation.
(c) FEDERALLY DECLARED DISASTERS AND
EMERGENCIES.—
(1) IN GENERAL.—The Secretary may by order
waive compliance with any part of an applicable standard prescribed under this chapter
without prior notice and comment and on
terms the Secretary considers appropriate if
the Secretary determines that—
(A) it is in the public interest to grant the
waiver;
(B) the waiver is not inconsistent with the
safety of transporting hazardous materials;
and
(C) the waiver is necessary to facilitate
the safe movement of hazardous materials
into, from, and within an area of a major
disaster or emergency that has been declared under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) PERIOD OF WAIVER.—A waiver under this
subsection may be issued for a period of not
more than 60 days and may be renewed upon
application to the Secretary only after notice
and an opportunity for a hearing on the waiver. The Secretary shall immediately revoke
the waiver if continuation of the waiver would
not be consistent with the goals and objectives
of this chapter.
(3) STATEMENT OF REASONS.—The Secretary
shall include in any order issued under this
section the reasons for granting the waiver.
(d) CONSULTATION.—When prescribing a security regulation or issuing a security order that
affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary of Transportation.
(e) BIENNIAL REPORT.—The Secretary of Transportation shall submit to the Committee on
Transportation and Infrastructure of the House
of Representatives and the Senate Committee
on Commerce, Science, and Transportation a biennial report providing information on whether
the Secretary has designated as hazardous materials for purposes of chapter 51 of such title all
by-products of the methamphetamine-production process that are known by the Secretary to
pose an unreasonable risk to health and safety

§ 5103

TITLE 49—TRANSPORTATION

or property when transported in commerce in a
particular amount and form.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 761;
Pub. L. 103–311, title I, § 117(a)(2), Aug. 26, 1994,
108 Stat. 1678; Pub. L. 103–429, § 6(3), Oct. 31, 1994,
108 Stat. 4378; Pub. L. 107–296, title XVII,
§ 1711(a), Nov. 25, 2002, 116 Stat. 2319; Pub. L.
109–59, title VII, §§ 7103, 7126, Aug. 10, 2005, 119
Stat. 1893, 1909; Pub. L. 109–177, title VII, § 741,
Mar. 9, 2006, 120 Stat. 272; Pub. L. 114–94, div. A,
title VII, § 7201, Dec. 4, 2015, 129 Stat. 1589.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

5103(a) ........

49 App.:1803.

5103(b) ........

49 App.:1804(a)
(1)–(3).

Source (Statutes at Large)
Jan. 3, 1975, Pub. L. 93–633,
§ 104, 88 Stat. 2156.
Jan. 3, 1975, Pub. L. 93–633,
§ 105(a)(1)–(3), 88 Stat. 2157;
restated Nov. 16, 1990,
Pub. L. 101–615, § 4, 104
Stat. 3247.

In subsection (a), the words ‘‘such quantity and form
of material’’ and ‘‘in his discretion’’ are omitted as surplus.
In subsection (b)(1), before clause (A), the words ‘‘in
accordance with section 553 of title 5’’ are omitted because 5:553 applies unless otherwise stated. In clause
(A)(i), the words ‘‘hazardous material in commerce’’,
and in clause (A)(ii), the words ‘‘hazardous material
. . . in commerce’’, are added for consistency in this
chapter.
PUB. L. 103–429
This amends 49:5103(b)(2) to clarify the restatement of
49 App.:1804(a)(2) by section 1 of the Act of July 5, 1994
(Public Law 103–272, 108 Stat. 761).
Editorial Notes
REFERENCES IN TEXT
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(1)(C), is
Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note
set out under section 5121 of Title 42 and Tables.
AMENDMENTS
2015—Subsecs. (c) to (e). Pub. L. 114–94 added subsec.
(c) and redesignated former subsecs. (c) and (d) as (d)
and (e), respectively.
2006—Subsec. (d). Pub. L. 109–177 added subsec. (d).
2005—Subsec. (a). Pub. L. 109–59, § 7126, substituted
‘‘Secretary shall designate’’ for ‘‘Secretary of Transportation shall designate’’.
Pub. L. 109–59, § 7103(a), substituted ‘‘infectious substance, flammable or combustible liquid, solid, or gas,
toxic, oxidizing, or corrosive material,’’ for ‘‘etiologic
agent, flammable or combustible liquid or solid, poison,
oxidizing or corrosive material,’’ and ‘‘determines’’ for
‘‘decides’’.
Subsec. (b)(1)(A). Pub. L. 109–59, § 7103(b), amended
subpar. (A) generally. Prior to amendment, subpar. (A)
read as follows: ‘‘apply to a person—
‘‘(i) transporting hazardous material in commerce;
‘‘(ii) causing hazardous material to be transported
in commerce; or
‘‘(iii) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a packaging or a container that is represented, marked, certified, or sold by that person as qualified for use in
transporting hazardous material in commerce; and’’.
Subsec. (b)(1)(C). Pub. L. 109–59, § 7103(c)(1), struck out
heading and text of subpar. (C). Text read as follows:

Page 186

‘‘When prescribing a security regulation or issuing a security order that affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary.’’
Subsec. (c). Pub. L. 109–59, § 7103(c)(2), added subsec.
(c).
2002—Subsec. (b)(1). Pub. L. 107–296, § 1711(a)(1), substituted ‘‘transportation, including security,’’ for
‘‘transportation’’ in introductory provisions.
Subsec. (b)(1)(B). Pub. L. 107–296, § 1711(a)(2), substituted ‘‘aspects, including security,’’ for ‘‘aspects’’.
Subsec. (b)(1)(C). Pub. L. 107–296, § 1711(a)(3), added
subpar. (C).
1994—Subsec. (b)(1)(A)(iii). Pub. L. 103–311 substituted
‘‘a packaging or a’’ for ‘‘a package or’’.
Subsec. (b)(2). Pub. L. 103–429 substituted ‘‘be conducted under section 553 of title 5, including’’ for ‘‘include’’ and ‘‘presentation’’ for ‘‘presentations’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–94 effective Oct. 1, 2015,
see section 1003 of Pub. L. 114–94, set out as a note
under section 5313 of Title 5, Government Organization
and Employees.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
GAO STUDY ON ACCEPTANCE OF CLASSIFICATION
EXAMINATIONS
Pub. L. 114–94, div. A, title VII, § 7207, Dec. 4, 2015, 129
Stat. 1592, provided that:
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act [Dec. 4, 2015], the Comptroller General of the United States shall evaluate and
transmit to the Secretary [of Transportation], the
Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report on the standards, metrics, and protocols that the
Secretary uses to regulate the performance of persons
approved to recommend hazard classifications pursuant
to section 173.56(b) of title 49, Code of Federal Regulations (commonly referred to as ‘third-party labs’).
‘‘(b) EVALUATION.—The evaluation required under
subsection (a) shall—
‘‘(1) identify what standards and protocols are used
to approve such persons, assess the adequacy of such
standards and protocols to ensure that persons seeking approval are qualified and capable of performing
classifications, and make recommendations to address any deficiencies identified;
‘‘(2) assess the adequacy of the Secretary’s oversight of persons approved to perform the classifications, including the qualification of individuals engaged in the oversight of approved persons, and make
recommendations to enhance oversight sufficiently
to ensure that classifications are issued as required;
‘‘(3) identify what standards and protocols exist to
rescind, suspend, or deny approval of persons who
perform such classifications, assess the adequacy of
such standards and protocols, and make recommendations to enhance such standards and protocols if necessary; and
‘‘(4) include annual data for fiscal years 2005
through 2015 on the number of applications received
for new classifications pursuant to section 173.56(b) of
title 49, Code of Federal Regulations, of those applications how many classifications recommended by

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TITLE 49—TRANSPORTATION

persons approved by the Secretary were changed to
another classification and the reasons for the change,
and how many hazardous materials incidents have
been attributed to a classification recommended by
such approved persons in the United States.
‘‘(c) ACTION PLAN.—Not later than 180 days after receiving the report required under subsection (a), the
Secretary shall make available to the public a plan describing any actions the Secretary will take to establish standards, metrics, and protocols based on the
findings and recommendations in the report to ensure
that persons approved to perform classification examinations required under section 173.56(b) of title 49, Code
of Federal Regulations, can sufficiently perform such
examinations in a manner that meets the hazardous
materials regulations.
‘‘(d) REGULATIONS.—If the report required under subsection (a) recommends new regulations in order for
the Secretary to have confidence in the accuracy of
classification recommendations rendered by persons
approved to perform classification examinations required under section 173.56(b) of title 49, Code of Federal Regulations, the Secretary shall consider such recommendations, and if determined appropriate, issue
regulations to address the recommendations not later
than 18 months after the date of the publication of the
plan under subsection (c).’’
RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION
STUDY
Pub. L. 110–432, div. A, title IV, § 411, Oct. 16, 2008, 122
Stat. 4888, provided that:
‘‘(a) STUDY.—The Secretary of Transportation shall,
in consultation with the Secretary of Energy, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and the Chairman of the
Nuclear Regulatory Commission, as appropriate, conduct a study of the potential hazards to which employees of railroad carriers and railroad contractors or subcontractors are exposed during the transportation of
high-level radioactive waste and spent nuclear fuel (as
defined in section 5101(a) [probably means section
5105(a)] of title 49, United States Code), supplementing
the report submitted under section 5101(b) [probably
means section 5105(b)] of that title, which may include—
‘‘(1) an analysis of the potential application of ‘as
low as reasonably achievable’ principles for exposure
to radiation to such employees with an emphasis on
the need for special protection from radiation exposure for such employees during the first trimester of
pregnancy or who are undergoing or have recently
undergone radiation therapy;
‘‘(2) the feasibility of requiring real-time dosimetry
monitoring for such employees;
‘‘(3) the feasibility of requiring routine radiation
exposure monitoring in fixed railroad locations, such
as yards and repair facilities; and
‘‘(4) a review of the effectiveness of the Department’s packaging requirements for radioactive materials.
‘‘(b) REPORT.—Not later than 18 months after the date
of enactment of this Act [Oct. 16, 2008], the Secretary
of Transportation shall transmit a report on the results
of the study required by subsection (a) and any recommendations to further protect employees of a railroad carrier or of a contractor or subcontractor to a
railroad carrier from unsafe exposure to radiation during the transportation of high-level radioactive waste
and spent nuclear fuel to the Senate Committee on
Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and
Infrastructure.
‘‘(c) REGULATORY AUTHORITY.—The Secretary of
Transportation may issue regulations that the Secretary determines appropriate, pursuant to the report
required by subsection (b), to protect railroad employees from unsafe exposure to radiation during the transportation of radioactive materials.’’
[For definitions of ‘‘railroad carrier’’, ‘‘Department’’,
‘‘railroad’’, and ‘‘Secretary’’, as used in section 411 of

§ 5103

Pub. L. 110–432, set out above, see section 2(a) of Pub.
L. 110–432, set out as a note under section 20102 of this
title.]
SAFE PLACEMENT OF TRAIN CARS
Pub. L. 103–311, title I, § 111, Aug. 26, 1994, 108 Stat.
1676, provided that the Secretary of Transportation
would conduct a study of existing practices regarding
the placement of cars, particularly hazardous-materials cars, on trains, consider whether such placement
practices increase the risk of adverse effects on safety,
and report the results of the study to Congress within
1 year after Aug. 26, 1994.
FIBER DRUM PACKAGING
Pub. L. 104–88, title IV, § 406, Dec. 29, 1995, 109 Stat.
957, provided that:
‘‘(a) IN GENERAL.—In the administration of chapter 51
of title 49, United States Code, the Secretary of Transportation shall issue a final rule within 60 days after
the date of the enactment of this Act [Dec. 29, 1995] authorizing the continued use of fiber drum packaging
with a removable head for the transportation of liquid
hazardous materials with respect to those liquid hazardous materials transported by such drums pursuant
to regulations in effect on September 30, 1991, if—
‘‘(1) the packaging is in compliance with regulations of the Secretary under the Hazardous Materials
Transportation Act [former 49 U.S.C. 1801 et seq.] as
in effect on September 30, 1991; and
‘‘(2) the packaging will not be used for the transportation of hazardous materials that include materials
which are poisonous by inhalation or materials in
Packing Groups I and II.
‘‘(b) EXPIRATION.—The regulation referred to in subsection (a) shall expire on the later of September 30,
1997, or the date on which funds are authorized to be appropriated to carry out chapter 51 of title 49, United
States Code (relating to transportation of hazardous
materials), for fiscal years beginning after September
30, 1997.
‘‘(c) STUDY.—
‘‘(1) IN GENERAL.—Within 90 days after the date of
the enactment of this Act [Dec. 29, 1995], the Secretary shall contract with the National Academy of
Sciences to conduct a study—
‘‘(A) to determine whether the requirements of
section 5103(b) of title 49, United States Code (relating to regulations for safe transportation), as they
pertain to fiber drum packaging with a removable
head can be met for the transportation of liquid
hazardous materials (with respect to those liquid
hazardous materials transported by such drums
pursuant to regulations in effect on September 30,
1991) with standards (including fiber drum industry
standards set forth in a June 8, 1992, exemption application submitted to the Department of Transportation), other than the performance-oriented packaging standards adopted under docket number
HM–181 contained in part 178 of title 49, Code of
Federal Regulations; and
‘‘(B) to determine whether a packaging standard
(including such fiber drum industry standards),
other than such performance-oriented packaging
standards, will provide an equal or greater level of
safety for the transportation of liquid hazardous
materials than would be provided if such performance-oriented packaging standards were in effect.
‘‘(2) COMPLETION.—The study shall be completed before March 1, 1997 and shall be transmitted to the
Committee on Commerce, Science, and Transportation of the Senate and the Transportation and Infrastructure Committee of the House of Representatives.
‘‘(d) SECRETARIAL ACTION.—By September 30, 1997, the
Secretary shall issue final regulations to determine
what standards should apply to fiber drum packaging
with a removable head for transportation of liquid hazardous materials (with respect to those liquid haz-

§ 5103a

TITLE 49—TRANSPORTATION

ardous materials transported by such drums pursuant
to regulations in effect on September 30, 1991) after
September 30, 1997. In issuing such regulations, the Secretary shall give full and substantial consideration to
the results of the study conducted in subsection (c).’’
Pub. L. 103–311, title I, § 122, Aug. 26, 1994, 108 Stat.
1681, provided that:
‘‘(a) INITIATION OF RULEMAKING PROCEEDING.—Not
later than the 60th day following the date of enactment
of this Act [Aug. 26, 1994], the Secretary of Transportation shall initiate a rulemaking proceeding to determine whether the requirements of section 5103(b) of
title 49, United States Code (relating to regulations for
safe transportation), as they pertain to open head fiber
drum packaging can be met for the domestic transportation of liquid hazardous materials (with respect to
those classifications of liquid hazardous materials
transported by such drums pursuant to regulations in
effect on September 30, 1991) with standards other than
the performance-oriented packaging standards adopted
under docket number HM–181 contained in part 178 of
title 49, Code of Federal Regulations.
‘‘(b) ISSUANCE OF STANDARDS.—If the Secretary of
Transportation determines, as a result of the rulemaking proceeding initiated under subsection (a), that
a packaging standard other than the performance-oriented packaging standards referred to in subsection (a)
will provide an equal or greater level of safety for the
domestic transportation of liquid hazardous materials
than would be provided if such performance-oriented
packaging standards were in effect, the Secretary shall
issue regulations which implement such other standard
and which take effect before October 1, 1996.
‘‘(c) COMPLETION OF RULEMAKING PROCEEDING.—The
rulemaking proceeding initiated under subsection (a)
shall be completed before October 1, 1995.
‘‘(d) LIMITATIONS.—
‘‘(1) The provisions of subsections (a), (b), and (c)
shall not apply to packaging for those hazardous materials regulated by the Department of Transportation as poisonous by inhalation under chapter 51 of
title 49, United States Code.
‘‘(2) Nothing in this section shall be construed to
prohibit the Secretary of Transportation from issuing
or enforcing regulations for the international transportation of hazardous materials.’’

§ 5103a. Limitation on issuance of hazmat licenses
(a) LIMITATION.—
(1) ISSUANCE OF LICENSES.—A State may not
issue to any individual a license to operate a
motor vehicle transporting in commerce a
hazardous material unless—
(A) ‘‘the Secretary of Homeland Security’’; 1 has first determined, upon receipt of
a notification under subsection (d)(1)(B),
that the individual does not pose a security
risk warranting denial of the license; or
(B) the individual holds a valid transportation security card issued under section
70105 of title 46.

Page 188

(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.
(d) BACKGROUND RECORDS CHECK.—
(1) IN GENERAL.—Upon the request of a State
regarding issuance of a license under subsection (a)(1)(A) to an individual, the Attorney
General—
(A) shall carry out a background records
check regarding the individual; and
(B) upon completing the background
records check, shall notify the Secretary of
Homeland Security of the completion and
results of the background records check.
(2) SCOPE.—A background records check regarding an individual under this subsection
shall consist of the following:
(A) A check of the relevant criminal history data bases.
(B) In the case of an alien, a check of the
relevant data bases to determine the status
of the alien under the immigration laws of
the United States.
(C) As appropriate, a check of the relevant
international
data
bases
through
Interpol–U.S. National Central Bureau or
other appropriate means.
(e) REPORTING REQUIREMENT.—Each State
shall submit to the Secretary of Homeland Security, at such time and in such manner as the
Secretary of Homeland Security may prescribe,
the name, address, and such other information
as the Secretary of Homeland Security may require, concerning—
(1) each alien to whom the State issues a license described in subsection (a); and
(2) each other individual to whom such a license is issued, as the Secretary of Homeland
Security may require.

(b) HAZARDOUS MATERIALS DESCRIBED.—The
limitation in subsection (a) shall apply with respect to any material defined as hazardous material by the Secretary of Transportation for
which the Secretary of Transportation requires
placarding of a commercial motor vehicle transporting that material in commerce.

(f) ALIEN DEFINED.—In this section, the term
‘‘alien’’ has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act.
(g) BACKGROUND CHECKS FOR DRIVERS HAULING
HAZARDOUS MATERIALS.—
(1) IN GENERAL.—
(A) EMPLOYER NOTIFICATION.—Not later
than 90 days after the date of enactment of
this subsection, the Director of the Transportation Security Administration, after receiving comments from interested parties,
shall develop and implement a process for
notifying hazmat employers designated by
an applicant of the results of the applicant’s
background record check, if—
(i) such notification is appropriate considering the potential security implications; and
(ii) the Director, in a final notification
of threat assessment,2 served on the applicant 2 determines that the applicant does

1 So in original. The quotation marks and semicolon probably
should not appear.

2 So in original. Comma probably should appear after ‘‘applicant’’.

(2) RENEWALS INCLUDED.—For the purposes of
this section, the term ‘‘issue’’, with respect to
a license, includes renewal of the license.