[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR107.105]



[Page 21-22]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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, PHH-31), Pipeline 

and Hazardous Materials Safety Administration, U.S. Department of 

Transportation, 400 7th Street, SW., Washington, DC 20590-0001. 

Alternatively, you may send the application with any attached supporting 

documentation submitted in an appropriate format by facsimile (fax) to: 

(202) 366-3753 or (202) 366-3308 or by electronic mail (e-mail) to: 

Exemptions@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

    (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



[[Page 22]]



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; 70 FR 56089, Sept. 23, 2005]