[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: 49CFR107.109]

[Page 23-24]
 
                        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. 107.109  Application for renewal.

    (a) Each application for renewal of an exemption or party status to 
an exemption must--
    (1) Be submitted 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) Identify by number the exemption for which renewal is requested;
    (3) 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;
    (4) Include either a certification by the applicant that the 
original application, as it may have been updated by any application for 
renewal, remains accurate and complete; or include an amendment to the 
previously submitted application as is necessary to update and assure 
the accuracy and completeness of the application, with certification by 
the applicant that the application as amended is accurate and complete; 
and
    (5) Include a statement describing all relevant shipping and 
incident experience of which the applicant is aware in connection with 
the exemption since its issuance or most recent renewal. If the 
applicant is aware of no incidents, the applicant shall so certify. When 
known to the applicant, the statement should indicate the approximate 
number of shipments made or packages shipped, as the case may be, and 
number of shipments or packages involved in any loss of contents, 
including loss by venting other than as authorized in subchapter C.
    (6) 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 to renew 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

[[Page 24]]

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.
    (b) If at least 60 days before an existing exemption expires the 
holder files an application for renewal that is complete and conforms to 
the requirements of this section, the exemption will not expire until 
final administrative action on the application for renewal has been 
taken.

[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 65 FR 50457, Aug. 
18, 2000; 67 FR 61011, Sept. 27, 2002; 68 FR 23842, May 5, 2003; 69 FR 
6198, Feb. 10, 2004]