[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR107.105]

[Page 22-23]
 
                        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_Special Permits
 
Sec.  107.105  Application for special permit.

    (a) General. Each application for a special permit or modification 
of a special permit must be written in English and must--
    (1) Be submitted for timely consideration, at least 120 days before 
the requested effective date, in duplicate to: Associate Administrator 
for Hazardous Materials Safety (Attention: Special Permits, PHH-31), 
Pipeline and Hazardous Materials Safety Administration, U.S. Department 
of Transportation, East Building, 1200 New Jersey Avenue, SE., 
Washington, DC 20590-0001. Alternatively, the application with any 
attached supporting documentation submitted in an appropriate format may 
be sent by facsimile (fax) to: (202) 366-3753 or (202) 366-3308 or by 
electronic mail (e-mail) to: Specialpermits@dot.gov;
    (2) State the name, street and mailing addresses, e-mail address 
optional, and telephone number of the applicant; if the applicant is not 
an individual, state the name, street and mailing addresses, e-mail 
address optional, 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.  105.40 of this 
part; and
    (4) For a manufacturing special permit, a statement of the name and 
street address of each facility where manufacturing under the special 
permit will occur.
    (b) Confidential treatment. To request confidential treatment for 
information contained in the application, the applicant shall comply 
with Sec.  105.30(a).
    (c) Description of special permit proposal. The application must 
include the following information that is relevant to the special permit 
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 special permit (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 special permit is sought;
    (5) A statement outlining the applicant's basis for seeking relief 
from compliance with the specified regulations and, if the special 
permit is requested for a fixed period, a description

[[Page 23]]

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;
    (7) Identification and description of the hazardous materials 
planned for transportation under the special permit;
    (8) Description of each packaging, including specification or 
special permit number, as applicable, to be used in conjunction with the 
requested special permit;
    (9) For alternative packagings, documentation of quality assurance 
controls, package design, manufacture, performance test criteria, in-
service performance and service-life limitations.
    (10) When a Class 1 material is forbidden for transportation by 
aircraft except under a special permit (see Columns 9A and 9B in the 
table in 49 CFR 172.101), an applicant for a special permit to transport 
such Class 1 material on passenger-carrying or cargo-only aircraft with 
a maximum certificated takeoff weight of less than 12,500 pounds must 
certify that no person within the categories listed in 18 U.S.C. 842(i) 
will participate in the transportation of the Class 1 material.
    (d) Justification of special permit proposal. The application must 
demonstrate that a special permit 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 special permit 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 special 
permit 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; 65 FR 50457, Aug. 18, 2000; 65 FR 58618, Sept. 29, 2000; 67 FR 
61010, 61011, Sept. 27, 2002; 68 FR 23841, May 5, 2003; 69 FR 6198, Feb. 
10, 2004; 70 FR 56089, Sept. 23, 2005; 70 FR 73160, Dec. 9, 2005; 71 FR 
54390, Sept. 14, 2006; 72 FR 55683, Oct. 1, 2007]