[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: 49CFR107.109]



[Page 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. 107.109  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, 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) 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 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; 70 FR 56090, Sept. 23, 2005]