§ 5108. Registration

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(d) · 108 Stat. 745

   Enacted · 49 U.S.C. § 5108

   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 765

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 765

   Enacted provision · exact public law section
   (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1994

   Pub. L. 103–311 § 117(a)(3) · 108 Stat. 1673

   1. Substituted · 49 U.S.C. § 5108(a)(1)(D)

      Pub. L. 103–311, § 117(a)(3), substituted “a bulk packaging” for “a bulk package”

   2. Substituted · 49 U.S.C. § 5108(a)(1)(D)

      Pub. L. 103–311, § 117(a)(3), substituted “the bulk packaging” for “the package”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(D). Pub. L. 103–311, § 117(a)(3), substituted “a bulk packaging” for “a bulk package” and “the bulk packaging” for “the package”.

   Enacted provision · exact public law section
   (3) Section 5108(a)(1)(D) is amended— (A) by striking “a bulk package” and inserting in lieu thereof “a bulk packaging”; and (B) by striking “the package” and inserting “the bulk packaging”.

3. 1994

   Pub. L. 103–311 § 104 · 108 Stat. 1673

   Added · 49 U.S.C. § 5108(a)(4)

   Pub. L. 103–311, § 104, added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 103–311, § 104, added par. (4).

   Enacted provision · exact public law section
   SEC. 104. EXEMPTIONS FROM REQUIREMENT TO FILE REGISTRATION STATEMENT. Section 5108(a) (relating to persons required to file) is amended by adding at the end the following new paragraph: “(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.”.

4. 1994

   Pub. L. 103–311 § 119(d)(1) · 108 Stat. 1673

   Struck · 49 U.S.C. § 5108(g)(2)(A)(viii)

   Pub. L. 103–311, § 119(d)(1), struck out “5107(e),” before “5108(g)(2)”

   Source evidence

   Code amendment note
   Subsec. (g)(2)(A)(viii). Pub. L. 103–311, § 119(d)(1), struck out “5107(e),” before “5108(g)(2)”.

   Enacted provision · exact public law section
   (1) Section 5108(g)(2)(A)(viii) is amended by striking “5107(e),”.

5. 1997

   Pub. L. 105–102 § 2(3) · 111 Stat. 2204

   Substituted · 49 U.S.C. § 5108(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (3) In section 5108(f), strike “section 522(f)” and substitute “section 552(b)”.

6. 1998

   Pub. L. 105–225 § 7(b)(1) · 112 Stat. 1253

   Substituted · 49 U.S.C. § 5108(f)

   Pub. L. 105–225 substituted “section 552(b)” for “section 552(f)”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 105–225 substituted “section 552(b)” for “section 552(f)”.

   Enacted provision · exact public law section
   (b) Title 49, United States Code, is amended as follows: (1) In section 5108(f), strike “section 552(f)” and substitute “section 552(b)”. (2) In section 15904(c)(1), insert “section” before “15901(b)”.

7. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7126 · 119 Stat. 1144

   Substituted · 49 U.S.C. § 5108(a)(1)

   Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.

   Enacted provision · exact public law section
   SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

8. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7109(a)(1) · 119 Stat. 1144

   Substituted · 49 U.S.C. § 5108(a)(1)(B)

   Pub. L. 109–59, § 7109(a)(1), substituted “Division 1.1, 1.2, or 1.3 explosive material” for “class A or B explosive”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 109–59, § 7109(a)(1), substituted “Division 1.1, 1.2, or 1.3 explosive material” for “class A or B explosive”.

   Enacted provision · exact public law section
   (1) Requirement to file.— Section 5108(a)(1)(B) is amended by striking “class A or B explosive” and inserting “Division 1.1, 1.2, or 1.3 explosive material”.

9. 2005

   Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

   Pub. L. 109–59 § 7126 · 119 Stat. 1144

   Substituted · 49 U.S.C. § 5108(a)(2)

   Pub. L. 109–59, § 7126, substituted “Secretary may” for “Secretary of Transportation may” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 109–59, § 7126, substituted “Secretary may” for “Secretary of Transportation may” in introductory provisions.

   Enacted provision · exact public law section
   SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

10. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7109(a)(2) · 119 Stat. 1144

    Amended · 49 U.S.C. § 5108(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 commerce hazardous material the Secretary designates.”

    Source evidence

    Code amendment note
    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 commerce hazardous material the Secretary designates.”

    Enacted provision · exact public law section
    (2) Authority to require to file.— Section 5108(a)(2)(B) is amended to read as follows: “(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.” .

11. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7109(a)(3) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5108(a)(3)

    Pub. L. 109–59, § 7109(a)(3), substituted “design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or” for “manufacture, fabricate, mark, maintain, recondition, repair, or test a package or”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 109–59, § 7109(a)(3), substituted “design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or” for “manufacture, fabricate, mark, maintain, recondition, repair, or test a package or”.

    Enacted provision · exact public law section
    (3) No transportation without filing.— Section 5108(a)(3) is amended by striking “manufacture,” and all that follows through “package or” and inserting “design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or”.

12. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7126 · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5108(b)(1)

    Pub. L. 109–59, § 7126, substituted “Secretary requires” for “Secretary of Transportation requires” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 109–59, § 7126, substituted “Secretary requires” for “Secretary of Transportation requires” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

13. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7109(b) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5108(b)(1)(C)

    Pub. L. 109–59, § 7109(b), substituted “any of the activities” for “the activity”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 109–59, § 7109(b), substituted “any of the activities” for “the activity”.

    Enacted provision · exact public law section
    (b) Form and Content of Filings.— Section 5108(b)(1)(C) is amended by striking “the activity.” and inserting “any of the activities.”.

14. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7109(c) · 119 Stat. 1144

    Amended · 49 U.S.C. § 5108(c)

    Pub. L. 109–59, § 7109(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–59, § 7109(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:

    “(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.”

    Enacted provision · exact public law section
    (c) Filing.— Section 5108(c) is amended to read as follows: “(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.” .

15. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7126 · 119 Stat. 1144

    1. Substituted · 49 U.S.C. § 5108(d)(f)

       Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in subsec. (f)

    2. Substituted · 49 U.S.C. § 5108(d)(f)

       Pub. L. 109–59, § 7126, substituted “Secretary in carrying” for “Secretary of Transportation in carrying” in subsec. (f)

    3. Substituted · 49 U.S.C. § 5108(d)(f)

       Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall” in subsec. (f)

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in subsec. (d), “Secretary in carrying” for “Secretary of Transportation in carrying” in subsec. (e), and “Secretary shall” for “Secretary of Transportation shall” in subsec. (f).

    Enacted provision · exact public law section
    SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

16. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7126 · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5108(g)(1)

    Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall”.

    Enacted provision · exact public law section
    SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

17. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7109(f)(1) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5108(g)(1)

    Pub. L. 109–59, § 7109(f)(1), substituted “shall” for “may”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–59, § 7109(f)(1), substituted “shall” for “may”.

    Enacted provision · exact public law section
    (1) in paragraph (1) by striking “may” and inserting “shall”;

18. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7126 · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5108(g)(2)(A)

    Pub. L. 109–59, § 7126, substituted “Secretary shall establish” for “Secretary of Transportation shall establish” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (g)(2)(A). Pub. L. 109–59, § 7126, substituted “Secretary shall establish” for “Secretary of Transportation shall establish” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

19. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7109(f)(2) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5108(g)(2)(A)

    Pub. L. 109–59, § 7109(f)(2), substituted “$3,000” for “$5,000” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–59, § 7109(f)(2), substituted “$3,000” for “$5,000” in introductory provisions.

    Enacted provision · exact public law section
    (2) in paragraph (2)(A) by striking “$5,000” and inserting “$3,000”; and

20. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7126 · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5108(g)(2)(B)

    Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall”

    Source evidence

    Code amendment note
    Subsec. (g)(2)(B). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall”.

    Enacted provision · exact public law section
    SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

21. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7126 · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5108(g)(2)(C)

    Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall”

    Source evidence

    Code amendment note
    Subsec. (g)(2)(C). Pub. L. 109–59, § 7126, substituted “Secretary shall” for “Secretary of Transportation shall”.

    Enacted provision · exact public law section
    SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

22. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7114(d)(3) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5108(g)(2)(C)

    Pub. L. 109–59, § 7114(d)(3), substituted “the Hazardous Materials Emergency Preparedness Fund established” for “the account the Secretary of the Treasury establishes”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–59, § 7114(d)(3), substituted “the Hazardous Materials Emergency Preparedness Fund established” for “the account the Secretary of the Treasury establishes”.

    Enacted provision · exact public law section
    (3) Conforming amendment.— Section 5108(g)(2)(C) is amended by striking “the account the Secretary of the Treasury establishes” and inserting “the Hazardous Materials Emergency Preparedness Fund established”.

23. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7109(f)(3) · 119 Stat. 1144

    Added · 49 U.S.C. § 5108(g)(3)

    Pub. L. 109–59, § 7109(f)(3), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 109–59, § 7109(f)(3), added par. (3).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(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.” .

24. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7126 · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5108(h)

    Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.

    Enacted provision · exact public law section
    SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

25. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7126 · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5108(i)(1)

    Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.

    Enacted provision · exact public law section
    SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION.   Chapter 51 is amended by striking “Secretary of Transportation” each place it appears (other than the second place it appears in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting “Secretary”.

26. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 § 7109(e) · 119 Stat. 1144

    Inserted · 49 U.S.C. § 5108(i)(2)(B)

    Pub. L. 109–59, § 7109(e), inserted “an Indian tribe,” after “subdivision of a State,”

    Source evidence

    Code amendment note
    Subsec. (i)(2)(B). Pub. L. 109–59, § 7109(e), inserted “an Indian tribe,” after “subdivision of a State,”.

    Enacted provision · exact public law section
    (e) Relationship to Other Laws.— Section 5108(i)(2)(B) is amended by inserting “an Indian tribe,” after “subdivision of a State,”.

27. 2015

    Hazardous Materials Transportation Safety Improvement Act of 2015

    Pub. L. 114–94 div. A title VII § 7203(b)(1) · 129 Stat. 1312

    Substituted · 49 U.S.C. § 5108(g)(2)(B); 49 U.S.C. § 5108(g)(2)(C)

    Pub. L. 114–94 substituted “5116(h)” for “5116(i)”

    Source evidence

    Code amendment note
    Subsec. (g)(2)(B), (C). Pub. L. 114–94 substituted “5116(h)” for “5116(i)”.

    Enacted provision · exact public law section
    (1) Section 5108(g) of title 49, United States Code, is amended by striking “5116(i)” each place it appears and inserting “5116(h)”.

    Effective date note
    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.

30 of 30 references resolved to an enrolled provision