Hazardous materials registration fees

Section 5108(g) of title 49, United States Code, is amended— (1) in paragraph (1), by striking (1) The Secretary and inserting the following: (1) In general The Secretary; and (2) by striking paragraph (2) and inserting the following: (2) (A) In addition to a fee established under paragraph (1), the Secretary shall establish and impose by regulation and collect an annual fee. (B) Subject to subparagraph (C), the fee established under subparagraph (A) shall be— (i) not less than $250 but not more than $500 from each person that— (I) is required to file a registration statement under this section; and (II) is identified as a small business (within the meaning of part 121 of title 13, Code of Federal Regulations (or successor regulations)); and (ii) not less than $500 but not more than $5,000 from each person that— (I) is required to file a registration statement under this section; and (II) is not identified as a small business (within the meaning of part 121 of title 13, Code of Federal Regulations (or successor regulations)). (C) The Secretary shall adjust the amount being collected under this paragraph to reflect any unexpended balance in the account established under section 5116(h) of this title. However, the Secretary is not required to refund any fee collected under this paragraph. (D) 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(h) of this title..