PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 767 (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 (aMgXD and (h) of this section. (2)(A) This section does not apply to an employee of a hazmat employer. (B) Subsections (aMh) 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. § 5109. Motor carrier safety permits (a) REQUIREMENT. —^A motor carrier may transport or cause to be transported by motor vehicle in commerce hazardous material only if the carrier holds a ssifety permit the Secretary of Transportation issues under this section authorizing the transportation and keeps a copy of the permit, or other proof of its existence, in the vehicle. The Secretary shall issue a permit if the Secretary finds the carrier is fit, willing, and able— (1) to provide the transportation to be authorized by the permit; (2) to comply with this chapter and regulations 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 Secretary shall pre- Regulations. scribe by regulation the hazardous material and amounts of hazardous material to which this section applies. However, this section shall apply at least to transportation by a motor carrier, in amounts the Secretary establishes, of— (1) a class A or B explosive; (2) liquefied natural gas; (3) hazardous material the Secretary designates as extremely toxic by inhalation; and (4) a highway-route-controlled quantity of radioactive material, as defined by the Secretary. (c) APPLICATIONS.—^A. motor carrier shall file an application with the Secretary for a safety permit to provide transportation under this section. The Secretary may approve any part of the application or deny the application. The application shall be under oath and contain information the Secretary requires by regulation.
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