49 U.S.C. § 5108 — Registration

Page 204 TITLE 49—TRANSPORTATION § 5108 tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 5108. Registration (a) PERSONS REQUIRED TO FILE.—(1) A person shall file a registration statement with the Sec- retary 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 Division 1.1, 1.2, or 1.3 explosive material in a motor vehi- cle, 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 Sec- retary, 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 (ex- cept in a bulk packaging) of a class of haz- ardous material for which placarding of a ve- hicle, rail car, or freight container is required under regulations prescribed under this chap- ter. (2) The Secretary may require any of the fol- lowing 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 state- ment under paragraph (1) of this subsection. (B) a person designing, manufacturing, fabri- cating, inspecting, marking, maintaining, re- conditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce. (3) A person required to file a registration statement under this subsection may transport or cause to be transported, or design, manufac- ture, fabricate, inspect, mark, maintain, recon- dition, repair, or test a package, container pack- aging component, or container for use in trans- porting, hazardous material, only if the person has a statement on file as required by this sub- section. (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 transpor- tation 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 FIL- INGS.—(1) A registration statement under sub- section (a) of this section shall be in the form and contain information the Secretary 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 in- clude— (A) the name and principal place of business of the registrant; (B) a description of each activity the reg- istrant carries out for which filing a state- ment under subsection (a) of this section is re- quired; and (C) each State in which the person carries out any of the activities. (2) A person carrying out more than one activ- ity, or an activity at more than one location, for which filing is required only has to file one reg- istration statement to comply with subsection (a) of this section. (c) FILING.—Each person required to file a reg- istration statement under subsection (a) shall file the statement in accordance with regula- tions prescribed by the Secretary. (d) SIMPLIFYING THE REGISTRATION PROCESS.— The Secretary may take necessary action to simplify the registration process under sub- sections (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 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 Sec- retary 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 shall 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 state- ment. (2)(A) In addition to a fee established under paragraph (1) of this subsection, the Secretary 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 $3,000 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 haz- ardous material. (ii) the type of hazardous material trans- ported or caused to be transported. (iii) the amount of hazardous material trans- ported 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 Page 205 TITLE 49—TRANSPORTATION § 5108 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 ap- propriate. (B) The Secretary shall adjust the amount being collected under this paragraph to reflect any unexpended balance in the account estab- lished under section 5116(h) of this title. How- ever, the Secretary is not required to refund any fee collected under this paragraph. (C) The Secretary shall transfer to the Sec- retary of the Treasury amounts the Secretary of Transportation collects under this paragraph for deposit in the Hazardous Materials Emergency Preparedness Fund established under section 5116(h) of this title. (3) FEES ON EXEMPT PERSONS.—Notwith- standing subsection (a)(4), the Secretary shall impose and collect a fee of $25 from a person who is required to register under this section but who is otherwise exempted by the Secretary from paying any fee under this section. The fee shall be used to pay the costs incurred by the Secretary in processing registration statements filed by such persons. (h) MAINTAINING PROOF OF FILING AND PAY- MENT OF FEES.—The Secretary 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 under subsections (a)–(g)(1) and (h) of this section. (2)(A) This section does not apply to an em- ployee of a hazmat employer. (B) Subsections (a)–(h) of this section do not apply to a department, agency, or instrumen- tality of the United States Government, an au- thority of a State or political subdivision of a State, an Indian tribe, or an employee of a de- partment, agency, instrumentality, or authority carrying out official duties. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 765; Pub. L. 103–311, title I, §§ 104, 117(a)(3), 119(d)(1), Aug. 26, 1994, 108 Stat. 1673, 1678, 1680; Pub. L. 105–102, § 2(3), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–225, § 7(b)(1), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 109–59, title VII, §§ 7109(a)–(c), (e), (f), 7114(d)(3), 7126, Aug. 10, 2005, 119 Stat. 1897, 1898, 1900, 1909; Pub. L. 114–94, div. A, title VII, § 7203(b)(1), Dec. 4, 2015, 129 Stat. 1591.) 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, § 106(c); added Nov. 16, 1990, Pub. L. 101–615, § 8(a), 104 Stat. 3255; Oct. 24, 1992, Pub. L. 102–508, § 503(a)(1)–(3), (b), 106 Stat. 3311. 5108(a)(2) .... 49 App.:1805(c)(3). HISTORICAL AND REVISION NOTES—CONTINUED PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 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, § 117A(h)(1)– (5); added Nov. 16, 1990, Pub. L. 101–615, § 17, 104 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 De- partment 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 ob- solete. In clause (viii), the words ‘‘of funds’’ are omit- ted 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 coordina- tion 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. Editorial Notes AMENDMENTS 2015—Subsec. (g)(2)(B), (C). Pub. L. 114–94 substituted ‘‘5116(h)’’ for ‘‘5116(i)’’. 2005—Subsec. (a)(1). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’ in in- troductory provisions. Subsec. (a)(1)(B). Pub. L. 109–59, § 7109(a)(1), sub- stituted ‘‘Division 1.1, 1.2, or 1.3 explosive material’’ for ‘‘class A or B explosive’’. Subsec. (a)(2). Pub. L. 109–59, § 7126, substituted ‘‘Sec- retary may’’ for ‘‘Secretary of Transportation may’’ in introductory provisions. Subsec. (a)(2)(B). Pub. L. 109–59, § 7109(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘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 com- merce hazardous material the Secretary designates.’’ Subsec. (a)(3). Pub. L. 109–59, § 7109(a)(3), substituted ‘‘design, manufacture, fabricate, inspect, mark, main- tain, recondition, repair, or test a package, container packaging component, or’’ for ‘‘manufacture, fabricate, mark, maintain, recondition, repair, or test a package or’’. Subsec. (b)(1). Pub. L. 109–59, § 7126, substituted ‘‘Sec- retary requires’’ for ‘‘Secretary of Transportation re- quires’’ in introductory provisions. Subsec. (b)(1)(C). Pub. L. 109–59, § 7109(b), substituted ‘‘any of the activities’’ for ‘‘the activity’’. Subsec. (c). Pub. L. 109–59, § 7109(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: Page 206 TITLE 49—TRANSPORTATION § 5109 ‘‘(1) Each person required to file a registration state- ment under subsection (a) of this section must file the first statement not later than March 31, 1992. The Sec- retary of Transportation may extend that date to Sep- tember 30, 1992, for activities referred to in subsection (a)(1) of this section. A person shall renew the state- ment periodically consistent with regulations the Sec- retary 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 reg- istration statement must be amended and the proce- dures to follow in amending the statement.’’ Subsecs. (d) to (f). Pub. L. 109–59, § 7126, substituted ‘‘Secretary’’ for ‘‘Secretary of Transportation’’ in sub- sec. (d), ‘‘Secretary in carrying’’ for ‘‘Secretary of Transportation in carrying’’ in subsec. (e), and ‘‘Sec- retary shall’’ for ‘‘Secretary of Transportation shall’’ in subsec. (f). Subsec. (g)(1). Pub. L. 109–59, § 7126, substituted ‘‘Sec- retary shall’’ for ‘‘Secretary of Transportation shall’’. Pub. L. 109–59, § 7109(f)(1), substituted ‘‘shall’’ for ‘‘may’’. Subsec. (g)(2)(A). Pub. L. 109–59, § 7126, substituted ‘‘Secretary shall establish’’ for ‘‘Secretary of Transpor- tation shall establish’’ in introductory provisions. Pub. L. 109–59, § 7109(f)(2), substituted ‘‘$3,000’’ for ‘‘$5,000’’ in introductory provisions. Subsec. (g)(2)(B). Pub. L. 109–59, § 7126, substituted ‘‘Secretary shall’’ for ‘‘Secretary of Transportation shall’’. Subsec. (g)(2)(C). Pub. L. 109–59, § 7126, substituted ‘‘Secretary shall’’ for ‘‘Secretary of Transportation shall’’. Pub. L. 109–59, § 7114(d)(3), substituted ‘‘the Hazardous Materials Emergency Preparedness Fund established’’ for ‘‘the account the Secretary of the Treasury estab- lishes’’. Subsec. (g)(3). Pub. L. 109–59, § 7109(f)(3), added par. (3). Subsec. (h). Pub. L. 109–59, § 7126, substituted ‘‘Sec- retary’’ for ‘‘Secretary of Transportation’’. Subsec. (i)(1). Pub. L. 109–59, § 7126, substituted ‘‘Sec- retary’’ for ‘‘Secretary of Transportation’’. Subsec. (i)(2)(B). Pub. L. 109–59, § 7109(e), inserted ‘‘an Indian tribe,’’ after ‘‘subdivision of a State,’’. 1998—Subsec. (f). Pub. L. 105–225 substituted ‘‘section 552(b)’’ for ‘‘section 552(f)’’. 1997—Subsec. (f). Pub. L. 105–102 which directed sub- stitution 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, § 117(a)(3), sub- stituted ‘‘a bulk packaging’’ for ‘‘a bulk package’’ and ‘‘the bulk packaging’’ for ‘‘the package’’. Subsec. (a)(4). Pub. L. 103–311, § 104, added par. (4). Subsec. (g)(2)(A)(viii). Pub. L. 103–311, § 119(d)(1), struck out ‘‘5107(e),’’ before ‘‘5108(g)(2)’’. 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. REGISTRATION Pub. L. 109–59, title VII, § 7109(d), Aug. 10, 2005, 119 Stat. 1898, provided that: ‘‘As soon as practicable, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall transmit to the Federal Motor Carrier Safety Administration hazardous mate- rial registrant information obtained before, on, or after the date of enactment of this Act [Aug. 10, 2005] under section 5108 of title 49, United States Code, together with any Department of Transportation identification number for each registrant.’’ § 5109. Motor carrier safety permits (a) REQUIREMENT.—A motor carrier may trans- port or cause to be transported by motor vehicle in commerce hazardous material only if the car- rier holds a safety permit the Secretary issues under this section authorizing the transpor- tation and keeps a copy of the permit, or other proof of its existence, in the vehicle. The Sec- retary shall issue a permit if the Secretary finds the carrier is fit, willing, and able— (1) to provide the transportation to be au- thorized by the permit; (2) to comply with this chapter and regula- tions the Secretary prescribes to carry out this chapter; and (3) to comply with applicable United States motor carrier safety laws and regulations and applicable minimum financial responsibility laws and regulations. (b) APPLICABLE TRANSPORTATION.—The Sec- retary shall prescribe by regulation the haz- ardous material and amounts of hazardous ma- terial to which this section applies. However, this section shall apply at least to transpor- tation by a motor carrier, in amounts the Sec- retary establishes, of— (1) a class A or B explosive; (2) liquefied natural gas; (3) hazardous material the Secretary des- ignates as extremely toxic by inhalation; and (4) a highway-route-controlled quantity of radioactive material, as defined by the Sec- retary. (c) APPLICATIONS.—A motor carrier shall file an application with the Secretary for a safety permit to provide transportation under this sec- tion. The Secretary may approve any part of the application or deny the application. The applica- tion shall be under oath and contain informa- tion the Secretary requires by regulation. (d) AMENDMENTS, SUSPENSIONS, AND REVOCA- TIONS.—(1) After notice and an opportunity for a hearing, the Secretary may amend, suspend, or revoke a safety permit, as provided by proce- dures prescribed under subsection (e) of this sec- tion, when the Secretary decides the motor car- rier is not complying with a requirement of this chapter, a regulation prescribed under this chap- ter, or an applicable United States motor carrier safety law or regulation or minimum financial responsibility law or regulation. (2) If the Secretary decides an imminent haz- ard exists, the Secretary may amend, suspend, or revoke a permit before scheduling a hearing. (e) PROCEDURES.—The Secretary shall pre- scribe by regulation— (1) application procedures, including form, content, and fees necessary to recover the complete cost of carrying out this section; (2) standards for deciding the duration, terms, and limitations of a safety permit; (3) procedures to amend, suspend, or revoke a permit; and (4) other procedures the Secretary considers appropriate to carry out this section. (f) SHIPPER RESPONSIBILITY.—A person offering hazardous material for motor vehicle transpor- tation in commerce may offer the material to a motor carrier only if the carrier has a safety permit issued under this section authorizing the transportation. (g) CONDITIONS.—A motor carrier may provide transportation under a safety permit issued