[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.105]

[Page 21-22]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 107_HAZARDOUS MATERIALS PROGRAM PROCEDURES--Table of Contents
 
                          Subpart B_Exemptions
 
Sec. 107.105  Application for exemption.

    (a) General. Each application for an exemption or modification of an 
exemption must be written in English and must--
    (1) Be submitted for timely consideration, at least 120 days before 
the requested effective date, in duplicate to: Associate Administrator 
for Hazardous Materials Safety (Attention: Exemptions, DHM-31), Research 
and Special Programs Administration, U.S. Department of Transportation, 
400 7th Street, SW., Washington, DC 20590-0001. Alternatively, the 
application with any attached supporting documentation submitted in an 
appropriate format may be sent by facsimile (fax) to: (202) 366-3753 or 
(202) 366-3308 or by electronic mail (e-mail) to: 
Exemptions@rspa.dot.gov;
    (2) State the name, street and mailing addresses, e-mail address 
optional, and telephone number of the applicant; if the applicant is not 
an individual, state the name, street and mailing addresses, e-mail 
address optional, and telephone number of an individual designated as an 
agent of the applicant for all purposes related to the application;
    (3) If the applicant is not a resident of the United States, a 
designation of agent for service in accordance with Sec. 105.40 of this 
part; and

[[Page 22]]

    (4) For a manufacturing exemption, a statement of the name and 
street address of each facility where manufacturing under the exemption 
will occur.
    (b) Confidential treatment. To request confidential treatment for 
information contained in the application, the applicant shall comply 
with Sec. 105.30(a).
    (c) Description of exemption proposal. The application must include 
the following information that is relevant to the exemption proposal:
    (1) A citation of the specific regulation from which the applicant 
seeks relief;
    (2) Specification of the proposed mode or modes of transportation;
    (3) A detailed description of the proposed exemption (e.g., 
alternative packaging, test, procedure or activity) including, as 
appropriate, written descriptions, drawings, flow charts, plans and 
other supporting documents;
    (4) A specification of the proposed duration or schedule of events 
for which the exemption is sought;
    (5) A statement outlining the applicant's basis for seeking relief 
from compliance with the specified regulations and, if the exemption is 
requested for a fixed period, a description of how compliance will be 
achieved at the end of that period;
    (6) If the applicant seeks emergency processing specified in Sec. 
107.117, a statement of supporting facts and reasons;
    (7) Identification and description of the hazardous materials 
planned for transportation under the exemption;
    (8) Description of each packaging, including specification or 
exemption number, as applicable, to be used in conjunction with the 
requested exemption;
    (9) For alternative packagings, documentation of quality assurance 
controls, package design, manufacture, performance test criteria, in-
service performance and service-life limitations.
    (10) When a Class 1 material is forbidden for transportation by 
aircraft except under an exemption (see Columns 9A and 9B in the table 
in 49 CFR 172.101), an applicant for an exemption to transport such 
Class 1 material on passenger-carrying or cargo-only aircraft with a 
maximum certificated takeoff weight of less than 12,500 pounds must 
certify that no person within the categories listed in 18 U.S.C. 842(i) 
will participate in the transportation of the Class 1 material.
    (d) Justification of exemption proposal. The application must 
demonstrate that an exemption achieves a level of safety at least equal 
to that required by regulation, or if a required safety level does not 
exist, is consistent with the public interest. At a minimum, the 
application must provide the following:
    (1) Information describing all relevant shipping and incident 
experience of which the applicant is aware that relates to the 
application;
    (2) A statement identifying any increased risk to safety or property 
that may result if the exemption is granted, and a description of the 
measures to be taken to address that risk; and
    (3) Either--
    (i) Substantiation, with applicable analyses, data or test results, 
that the proposed alternative will achieve a level of safety that is at 
least equal to that required by the regulation from which the exemption 
is sought; or
    (ii) If the regulations do not establish a level of safety, an 
analysis that identifies each hazard, potential failure mode and the 
probability of its occurrence, and how the risks associated with each 
hazard and failure mode are controlled for the duration of an activity 
or life-cycle of a packaging.

[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 62 FR 51556, Oct. 
1, 1997; 65 FR 50457, Aug. 18, 2000; 65 FR 58618, Sept. 29, 2000; 67 FR 
61010, 61011, Sept. 27, 2002; 68 FR 23841, May 5, 2003; 69 FR 6198, Feb. 
10, 2004]