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[Code of Federal Regulations]
[Title 49, Volume 2, Parts 100 to 185]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.117]
[Page 21-22]
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. 107.117 Emergency processing.
(a) An application is granted emergency processing if the Associate
Administrator, on the basis of the application and any inquiry
undertaken, finds that--
(1) Emergency processing is necessary to prevent significant injury
to persons or property (other than the hazardous material to be
transported) that could not be prevented if the application were
processed on a routine basis; or
(2) Emergency processing is necessary for immediate national
security purposes or to prevent significant economic loss that could not
be prevented if the application were processed on a routine basis.
(b) Where the significant economic loss is to the applicant, or to a
party in a contractual relationship to the applicant with respect to the
activity to be undertaken, the Associate Administrator may deny
emergency processing if timely application could have been made.
(c) A request for emergency processing on the basis of potential
economic loss must reasonably describe and estimate the potential loss.
(d) An application submitted under this section must conform to
Sec. 107.105 to the extent that the receiving U.S. Department of
Transportation official deems necessary to process the application. An
application on an emergency basis must be submitted to the U.S.
Department of Transportation modal contact official for the initial mode
of transportation to be utilized, as follows:
(1) Certificate-Holding Aircraft: The Federal Aviation
Administration Civil Aviation Security Office that serves the place
where the flight will originate or that is responsible for the aircraft
operator's overall aviation security program. The nearest Civil Aviation
Security Office may be located by calling the FAA Duty Officer, 202-267-
3333 (any hour).
(2) Noncertificate-Holding Aircraft (Those Which Operate Under 14
CFR Part 91): The Federal Aviation Administration Civil Aviation
Security Office that serves the place where the flight will originate.
The nearest Civil Aviation Security Office may be located by calling the
FAA Duty Officer, 202-267-3333 (any hour).
(3) Motor Vehicle Transportation: Director, Office of Motor Carrier
Research and Standards, Federal Highway Administration, U.S. Department
of Transportation, Washington, DC 20590-0001, 202-366-4001 (day); 202-
267-2100 (night).
(4) Rail Transportation: Staff Director, Hazardous Materials
Division, Office of
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Safety Assurance and Compliance, Federal Railroad Administration, U.S.
Department of Transportation, Washington, DC 20590-0001, 202-366-0509 or
366-0523 (day); 202-267-2100 (night).
(5) Water Transportation: Chief, Hazardous Materials Standards
Division, Office of Operating and Environmental Standards, United States
Coast Guard, U.S. Department of Transportation, Washington, DC 20593-
0001, 202-267-1577 (day); 202-267-2100 (night).
(e) On receipt of all information necessary to process the
application, the receiving Department of Transportation official
transmits to the Associate Administrator, by the most rapid available
means of communication, an evaluation as to whether an emergency exists
under Sec. 107.117(a) and, if appropriate, recommendations as to the
conditions to be included in the exemption. If the Associate
Administrator determines that an emergency exists under Sec. 107.117(a)
and that, with reference to the criteria of Sec. 107.113(f), granting of
the application is in the public interest, the Associate Administrator
grants the application subject to such terms as necessary and
immediately notifies the applicant. If the Associate Administrator
determines that an emergency does not exist or that granting of the
application is not in the public interest, the applicant immediately is
so notified.
(f) A determination that an emergency does not exist is not subject
to reconsideration under Sec. 107.123 of this part.
(g) Within 90 days following issuance of an emergency exemption, the
Associate Administrator will publish, in the Federal Register, a notice
of issuance with a statement of the basis for the finding of emergency
and the scope and duration of the exemption.
[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 62 FR 51556, Oct.
1, 1997]
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