49 U.S.C. § 5108 : US Code - Section 5108: Registration

Search 49 U.S.C. § 5108 : US Code - Section 5108: Registration

(a) Persons Required to File. - (1) A person shall file a
registration statement with the Secretary 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 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 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 designing, manufacturing, fabricating, inspecting,
marking, maintaining, reconditioning, 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,
manufacture, fabricate, inspect, mark, maintain, recondition,
repair, or test a package, container packaging component, 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 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 any of the
activities.
(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. - Each person required to file a registration
statement under subsection (a) shall file the statement in
accordance with regulations prescribed by the Secretary.
(d) Simplifying the Registration Process. - The Secretary 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 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 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 statement.
(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 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 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 shall transfer to the Secretary 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(i) of this title.
(3) Fees on exempt persons. - Notwithstanding 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 Payment 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 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, an Indian tribe, or an employee of a department, agency,
instrumentality, or authority carrying out official duties.