[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: 49CFR107.107]



[Page 22-23]

 

                        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. 107.107  Application for party status.



    (a) Any person eligible to apply for an exemption may apply to be 

made party to an application or an existing exemption, other than a 

manufacturing exemption.

    (b) Each application filed under this section must--

    (1) Be submitted 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 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) Identify by number the exemption application or exemption to 

which the applicant seeks to become a party;

    (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 

the applicant's agent for all purposes related to the application;

    (4) If the applicant is not a resident of the United States, provide 

a designation of agent for service in accordance with Sec. 105.40 of 

this subchapter; and

    (5) For a Class 1 material that 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 party status to an exemption to 

transport such Class 1 material on passenger-carrying or cargo-only 

aircraft with a maximum



[[Page 23]]



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.

    (c) The Associate Administrator grants or denies an application for 

party status in the manner specified in Sec. 107.113(e) and (f) of this 

subpart.

    (d) A party to an exemption is subject to all terms of that 

exemption, including the expiration date. If a party to an exemption 

wishes to renew party status, the exemption renewal procedures set forth 

in Sec. 107.109 apply.



[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 65 FR 50457, Aug. 

18, 2000; 67 FR 61010, 61011, Sept. 27, 2002; 69 FR 6198, Feb. 10, 2004; 

70 FR 56090, Sept. 23, 2005]