[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





[[Page 22]]





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]