Page:United States Statutes at Large Volume 119.djvu/1916

 119 STAT. 1898

Records. 49 USC 5108 note.

PUBLIC LAW 109–59—AUG. 10, 2005

(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.’’. (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’’. (b) FORM AND CONTENT OF FILINGS.—Section 5108(b)(1)(C) is amended by striking ‘‘the activity.’’ and inserting ‘‘any of the activities.’’. (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.’’. (d) REGISTRATION.—As soon as practicable, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall transmit to the Federal Motor Carrier Safety Administration hazardous material registrant information obtained before, on, or after the date of enactment of this Act under section 5108 of title 49, United States Code, together with any Department of Transportation identification number for each registrant. (e) RELATIONSHIP TO OTHER LAWS.—Section 5108(i)(2)(B) is amended by inserting ‘‘an Indian tribe,’’ after ‘‘subdivision of a State,’’. (f) FEES.—Section 5108(g) is amended— (1) in paragraph (1) by striking ‘‘may’’ and inserting ‘‘shall’’; (2) in paragraph (2)(A) by striking ‘‘$5,000’’ and inserting ‘‘$3,000’’; and (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.’’. SEC. 7110. SHIPPING PAPERS AND DISCLOSURE.

Records.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

(a) DISCLOSURE CONSIDERATIONS AND REQUIREMENTS.—Section 5110 is amended— (1) by striking ‘‘under subsection (b) of this section.’’ in subsection (a) and inserting ‘‘in regulations.’’; (2) by striking subsection (b); and (3) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively. (b) RETENTION OF PAPERS.—Subsection (d) of section 5110, as redesignated by subsection (a)(3) of this section, is amended to read as follows: ‘‘(d) RETENTION OF PAPERS.— ‘‘(1) SHIPPERS.—The person who provides the shipping paper under this section shall retain the paper, or an electronic format of it, for a period of 2 years after the date that the

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