(13) Security-sensitive material The term “security-sensitive material” means a material, or a group or class of material, in a particular amount and form that the Secretary, in consultation with the Secretary of Transportation, determines, through a rulemaking with opportunity for public comment, poses a significant risk to national security while being transported in commerce due to the potential use of the material in an act of terrorism. In making such a designation, the Secretary shall, at a minimum, consider the following: (A) Class 7 radioactive materials. (B) Division 1.1, 1.2, or 1.3 explosives. (C) Materials poisonous or toxic by inhalation, including Division 2.3 gases and Division 6.1 materials. (D) A select agent or toxin regulated by the Centers for Disease Control and Prevention under part 73 of title 42, Code of Federal Regulations .