[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]