
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC5108]

 
                        TITLE 49--TRANSPORTATION
 
              SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
 
            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
 
Sec. 5108. Registration

    (a) Persons Required to File.--(1) A person shall file a 
registration statement with the Secretary of Transportation under this 
subsection if the person is transporting or causing to be transported in 
commerce any of the following:
        (A) a highway-route-controlled quantity of radioactive material.
        (B) more than 25 kilograms of a class A or B explosive in a 
    motor vehicle, rail car, or transport container.
        (C) more than one liter in each package of a hazardous material 
    the Secretary designates as extremely toxic by inhalation.
        (D) hazardous material in a bulk packaging, container, or tank, 
    as defined by the Secretary, if the bulk packaging, container, or 
    tank has a capacity of at least 3,500 gallons or more than 468 cubic 
    feet.
        (E) a shipment of at least 5,000 pounds (except in a bulk 
    packaging) of a class of hazardous material for which placarding of 
    a vehicle, rail car, or freight container is required under 
    regulations prescribed under this chapter.

    (2) The Secretary of Transportation may require any of the following 
persons to file a registration statement with the Secretary under this 
subsection:
        (A) a person transporting or causing to be transported hazardous 
    material in commerce and not required to file a registration 
    statement under paragraph (1) of this subsection.
        (B) a person manufacturing, fabricating, marking, maintaining, 
    reconditioning, repairing, or testing a package or container the 
    person represents, marks, certifies, or sells for use in 
    transporting in commerce hazardous material the Secretary 
    designates.

    (3) A person required to file a registration statement under this 
subsection may transport or cause to be transported, or manufacture, 
fabricate, mark, maintain, recondition, repair, or test a package or 
container for use in transporting, hazardous material, only if the 
person has a statement on file as required by this subsection.
    (4) The Secretary may waive the filing of a registration statement, 
or the payment of a fee, required under this subsection, or both, for 
any person not domiciled in the United States who solely offers 
hazardous materials for transportation to the United States from a place 
outside the United States if the country of which such person is a 
domiciliary does not require persons domiciled in the United States who 
solely offer hazardous materials for transportation to the foreign 
country from places in the United States to file registration 
statements, or to pay fees, for making such an offer.
    (b) Form, Contents, and Limitation on Filings.--(1) A registration 
statement under subsection (a) of this section shall be in the form and 
contain information the Secretary of Transportation requires by 
regulation. The Secretary may use existing forms of the Department of 
Transportation and the Environmental Protection Agency to carry out this 
subsection. The statement shall include--
        (A) the name and principal place of business of the registrant;
        (B) a description of each activity the registrant carries out 
    for which filing a statement under subsection (a) of this section is 
    required; and
        (C) each State in which the person carries out the activity.

    (2) A person carrying out more than one activity, or an activity at 
more than one location, for which filing is required only has to file 
one registration statement to comply with subsection (a) of this 
section.
    (c) Filing Deadlines and Amendments.--(1) Each person required to 
file a registration statement under subsection (a) of this section must 
file the first statement not later than March 31, 1992. The Secretary of 
Transportation may extend that date to September 30, 1992, for 
activities referred to in subsection (a)(1) of this section. A person 
shall renew the statement periodically consistent with regulations the 
Secretary prescribes, but not more than once each year and not less than 
once every 5 years.
    (2) The Secretary of Transportation shall decide by regulation when 
and under what circumstances a registration statement must be amended 
and the procedures to follow in amending the statement.
    (d) Simplifying the Registration Process.--The Secretary of 
Transportation may take necessary action to simplify the registration 
process under subsections (a)-(c) of this section and to minimize the 
number of applications, documents, and other information a person is 
required to file under this chapter and other laws of the United States.
    (e) Cooperation With Administrator.--The Administrator of the 
Environmental Protection Agency shall assist the Secretary of 
Transportation in carrying out subsections (a)-(g)(1) and (h) of this 
section by providing the Secretary with information the Secretary 
requests to carry out the objectives of subsections (a)-(g)(1) and (h).
    (f) Availability of Statements.--The Secretary of Transportation 
shall make a registration statement filed under subsection (a) of this 
section available for inspection by any person for a fee the Secretary 
establishes. However, this subsection does not require the release of 
information described in section 552(b) of title 5 or otherwise 
protected by law from disclosure to the public.
    (g) Fees.--(1) The Secretary of Transportation may establish, 
impose, and collect from a person required to file a registration 
statement under subsection (a) of this section a fee necessary to pay 
for the costs of the Secretary in processing the statement.
    (2)(A) In addition to a fee established under paragraph (1) of this 
subsection, the Secretary of Transportation shall establish and impose 
by regulation and collect an annual fee. Subject to subparagraph (B) of 
this paragraph, the fee shall be at least $250 but not more than $5,000 
from each person required to file a registration statement under this 
section. The Secretary shall determine the amount of the fee under this 
paragraph on at least one of the following:
        (i) gross revenue from transporting hazardous material.
        (ii) the type of hazardous material transported or caused to be 
    transported.
        (iii) the amount of hazardous material transported or caused to 
    be transported.
        (iv) the number of shipments of hazardous material.
        (v) the number of activities that the person carries out for 
    which filing a registration statement is required under this 
    section.
        (vi) the threat to property, individuals, and the environment 
    from an accident or incident involving the hazardous material 
    transported or caused to be transported.
        (vii) the percentage of gross revenue derived from transporting 
    hazardous material.
        (viii) the amount to be made available to carry out sections 
    5108(g)(2), 5115, and 5116 of this title.
        (ix) other factors the Secretary considers appropriate.

    (B) The Secretary of Transportation shall adjust the amount being 
collected under this paragraph to reflect any unexpended balance in the 
account established under section 5116(i) of this title. However, the 
Secretary is not required to refund any fee collected under this 
paragraph.
    (C) The Secretary of Transportation shall transfer to the Secretary 
of the Treasury amounts the Secretary of Transportation collects under 
this paragraph for deposit in the account the Secretary of the Treasury 
establishes under section 5116(i) of this title.
    (h) Maintaining Proof of Filing and Payment of Fees.--The Secretary 
of Transportation may prescribe regulations requiring a person required 
to file a registration statement under subsection (a) of this section to 
maintain proof of the filing and payment of fees imposed under 
subsection (g) of this section.
    (i) Relationship to Other Laws.--(1) Chapter 35 of title 44 does not 
apply to an activity of the Secretary of Transportation under 
subsections (a)-(g)(1) and (h) of this section.
    (2)(A) This section does not apply to an employee of a hazmat 
employer.
    (B) Subsections (a)-(h) of this section do not apply to a 
department, agency, or instrumentality of the United States Government, 
an authority of a State or political subdivision of a State, or an 
employee of a department, agency, instrumentality, or authority carrying 
out official duties.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 765; Pub. L. 103-
311, title I, Secs. 104, 117(a)(3), 119(d)(1), Aug. 26, 1994, 108 Stat. 
1673, 1678, 1680; Pub. L. 105-102, Sec. 2(3), Nov. 20, 1997, 111 Stat. 
2204; Pub. L. 105-225, Sec. 7(b)(1), Aug. 12, 1998, 112 Stat. 1511.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
5108(a)(1)............................  49 App.:1805(c)(1).              Jan. 3
, 1975, Pub. L. 93-633, 88 Stat.
                                                                          2156,
 Sec.  106(c); added Nov. 16,
                                                                          1990,
 Pub. L. 101-615, Sec.  8(a), 104
                                                                          Stat.
 3255; Oct. 24, 1992, Pub. L. 102-
                                                                          508, 
Sec.  503(a)(1)-(3), (b), 106
                                                                          Stat.
 3311.
5108(a)(2)............................  49 App.:1805(c)(3).
5108(a)(3)............................  49 App.:1805(c)(4).
5108(b)...............................  49 App.:1805(c)(7), (8).
5108(c)...............................  49 App.:1805(c)(5), (6).
5108(d)...............................  49 App.:1805(c)(9).
5108(e)...............................  49 App.:1805(c)(2).
5108(f)...............................  49 App.:1805(c)(10).
5108(g)(1)............................  49 App.:1805(c)(11).
5108(g)(2)............................  49 App.:1815(h) (1)-(5).         Jan. 3
, 1975, Pub. L. 93-633, 88 Stat.
                                                                          2156,
 Sec.  117A(h)(1)- (5); added
                                                                          Nov. 
16, 1990, Pub. L. 101-615, Sec.
                                                                          17, 1
04 Stat. 3267.
5108(h)...............................  49 App.:1805(c)(12).
5108(i)...............................  49 App.:1805(c) (13)-(15).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b)(1), before clause (A), the words ``at a minimum'' 
are omitted as surplus.
    In subsection (d), the words ``streamline and'', ``with respect to a 
person who is required to file a registration statement under this 
subsection'', and ``with the Department of Transportation'' are omitted 
as surplus.
    In subsection (g), the word ``impose'' is substituted for ``assess'' 
for consistency in the revised title and with other titles of the United 
States Code.
    In subsection (g)(2)(A), before clause (i), the words ``Not later 
than September 30, 1992'' are omitted as obsolete. In clause (viii), the 
words ``of funds'' are omitted as surplus.
    In subsection (g)(2)(B), the words ``of fees'' and ``from persons'' 
are omitted as surplus.
    In subsection (i)(1), the words ``(relating to coordination of 
Federal information policy)'' are omitted as surplus.
    In subsection (i)(2)(A), the words ``Notwithstanding any other 
provisions of this subsection'' are omitted as surplus.


                             Pub. L. 105-102

    This amends 49:5108(f) to correct an erroneous cross-reference.


                               Amendments

    1998--Subsec. (f). Pub. L. 105-225 substituted ``section 552(b)'' 
for ``section 552(f)''.
    1997--Subsec. (f). Pub. L. 105-102 which directed substitution of 
``section 552(b)'' for ``section 522(f)'' could not be executed because 
``section 522(f)'' did not appear.
    1994--Subsec. (a)(1)(D). Pub. L. 103-311, Sec. 117(a)(3), 
substituted ``a bulk packaging'' for ``a bulk package'' and ``the bulk 
packaging'' for ``the package''.
    Subsec. (a)(4). Pub. L. 103-311, Sec. 104, added par. (4).
    Subsec. (g)(2)(A)(viii). Pub. L. 103-311, Sec. 119(d)(1), struck out 
``5107(e),'' before ``5108(g)(2)''.

                  Section Referred to in Other Sections

    This section is referred to in sections 5107, 5108, 5116, 5127 of 
this title.
