[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: 49CFR107.113]



[Page 24-25]

 

                        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. 107.113  Application processing and evaluation.



    (a) The Associate Administrator reviews an application for 

exemption, modification of exemption, party to exemption, or renewal of 

an exemption to determine if it is complete and conforms with the 

requirements of this subpart. This determination will be made within 30 

days of receipt of the application for exemption, modification of 

exemption, or party to exemption, and within 15 days of receipt of an 

application for renewal of an exemption. If an application is determined 

to be incomplete, the applicant is informed of the reasons.

    (b) An application, other than a renewal, party to, or emergency 

exemption application, that is determined to be complete is docketed. 

Notice of the application is published in the Federal Register, and an 

opportunity for public comment is provided. All comments received during 

the comment period are considered before final action is taken on the 

application.

    (c) No public hearing or other formal proceeding is required under 

this subpart before the disposition of an application. Unless emergency 

processing under Sec. 107.117 is requested and granted, applications 

are usually processed in the order in which they are filed.

    (d) During the processing and evaluation of an application, the 

Associate Administrator may request additional information from the 

applicant. If the applicant does not respond to a written request for 

additional information within 30 days of the date the request was 

received, the application may be deemed incomplete and denied. However, 

if the applicant responds in writing within the 30-day period requesting 

an additional 30 days within which it will gather the requested 

information, the Associate Administrator may grant the 30-day extension.

    (e) The Associate Administrator may grant or deny an application, in 

whole or in part. In the Associate Administrator's discretion, an 

application may be granted subject to provisions that are appropriate to 

protect health, safety or property. The Associate Administrator may 

impose additional provisions not specified in the application or remove 

conditions in the application that are unnecessary.

    (f) The Associate Administrator may grant an application on finding 

that--

    (1) The application complies with this subpart;

    (2) The application demonstrates that the proposed alternative will 

achieve a level of safety that:

    (i) 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, is 

consistent with the public interest and adequately will protect against 

the risks to life and property inherent in the transportation of 

hazardous materials in commerce;

    (3) The application states all material facts, and contains no 

materially false or materially misleading statement;

    (4) The applicant meets the qualifications required by applicable 

regulations; and

    (5) The applicant is fit to conduct the activity authorized by the 

exemption. This assessment may be based on information in the 

application, prior compliance history of the applicant, and other 

information available to the Associate Administrator.

    (g) An applicant is notified in writing whether the application is 

granted or denied. A denial contains a brief statement of reasons.

    (h) An exemption and any renewal thereof terminates according to its 

terms or, if not otherwise specified, two years after the date of 

issuance. A grant of party status to an exemption, unless otherwise 

stated, terminates on the date that the exemption expires.

    (i) The Associate Administrator, on determining that an application 

concerns a matter of general applicability and future effect and should 

be the subject of rulemaking, may initiate rulemaking under part 106 of 

this chapter in addition to or instead of acting on the application.

    (j) The Associate Administrator publishes in the Federal Register a 

list of all exemption grants, denials, and



[[Page 25]]



modifications and all exemption applications withdrawn under this 

section.



[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 67 FR 61011, 

Sept. 27, 2002]