[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: 49CFR107.105]
[Page 18-19]
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. 107.105 Application for exemption.
(a) General. Each application for an exemption or modification of an
exemption must be written in English and must--
(1) Be submitted in duplicate and, for timely consideration, at
least 120 days before the requested effective date to: Associate
Administrator for Hazardous Materials Safety, Research and Special
Programs Administration, U.S. Department of Transportation,
1200 New Jersey Avenue, SE, East Building, 2nd Floor (PHH) Washington, DC 20590.
Attention: Exemptions, DHM-31;
(2) State the name, street and mailing addresses, and telephone
number of the applicant; if the applicant is not an individual, state
the name, street and mailing addresses, and telephone number of an
individual designated as an agent of the applicant for all purposes
related to the application;
(3) If the applicant is not a resident of the United States, a
designation of agent for service in accordance with Sec. 107.7 of this
part; and
(4) For a manufacturing exemption, a statement of the name and
street address of each facility where manufacturing under the exemption
will occur.
(b) Confidential treatment. To request confidential treatment for
information contained in the application, the applicant shall comply
with Sec. 107.5(a).
(c) Description of exemption proposal. The application must include
the following information that is relevant to the exemption proposal:
(1) A citation of the specific regulation from which the applicant
seeks relief;
(2) Specification of the proposed mode or modes of transportation;
(3) A detailed description of the proposed exemption (e.g.,
alternative packaging, test, procedure or activity) including, as
appropriate, written descriptions, drawings, flow charts, plans and
other supporting documents;
(4) A specification of the proposed duration or schedule of events
for which the exemption is sought;
(5) A statement outlining the applicant's basis for seeking relief
from compliance with the specified regulations and, if the exemption is
requested for a fixed period, a description of how compliance will be
achieved at the end of that period;
(6) If the applicant seeks emergency processing specified in
Sec. 107.117, a statement of supporting facts and reasons;
[[Page 19]]
(7) Identification and description of the hazardous materials
planned for transportation under the exemption;
(8) Description of each packaging, including specification or
exemption number, as applicable, to be used in conjunction with the
requested exemption;
(9) For alternative packagings, documentation of quality assurance
controls, package design, manufacture, performance test criteria, in-
service performance and service-life limitations;
(d) Justification of exemption proposal. The application must
demonstrate that an exemption achieves a level of safety at least equal
to that required by regulation, or if a required safety level does not
exist, is consistent with the public interest. At a minimum, the
application must provide the following:
(1) Information describing all relevant shipping and incident
experience of which the applicant is aware that relates to the
application;
(2) A statement identifying any increased risk to safety or property
that may result if the exemption is granted, and a description of the
measures to be taken to address that risk; and
(3) Either--
(i) Substantiation, with applicable analyses, data or test results,
that the proposed alternative will achieve a level of safety that 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, an
analysis that identifies each hazard, potential failure mode and the
probability of its occurrence, and how the risks associated with each
hazard and failure mode are controlled for the duration of an activity
or life-cycle of a packaging.
[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 62 FR 51556, Oct.
1, 1997]
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