[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: 49CFR107.113]

[Page 25-26]
 
                        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.  107.113  Application processing and evaluation.

    (a) The Associate Administrator reviews an application for special 
permit, modification of special permit, party to special permit, or 
renewal of an exemption or special permit to determine if it is complete 
and conforms with the requirements of this subpart. This determination 
will be made within 30 days of receipt of the application for special 
permit, modification of special permit, or party to special permit, and 
within 15 days of receipt of an application for renewal of an exemption 
or special permit. If an application is determined to be incomplete, the 
applicant is informed of the reasons.
    (b) An application, that is not a renewal, party to, or emergency 
special permit application, and is determined to be complete is 
docketed. Notice of the application is published in the Federal 
Register, and an opportunity for public comment is provided. All 
comments received during the comment period are considered before final 
action is taken on the application.
    (c) No public hearing or other formal proceeding is required under 
this subpart before the disposition of an application. Unless emergency 
processing under Sec.  107.117 is requested and granted, applications 
are usually processed in the order in which they are filed.
    (d) During the processing and evaluation of an application, the 
Associate Administrator may request additional information from the 
applicant. If the applicant does not respond to a written request for 
additional information within 30 days of the date the request was 
received, the application may be deemed incomplete and denied. However, 
if the applicant responds in writing within the 30-day period requesting 
an additional 30 days within which it will gather the requested 
information, the Associate Administrator may grant the 30-day extension.
    (e) The Associate Administrator may grant or deny an application, in 
whole or in part. In the Associate Administrator's discretion, an 
application may be granted subject to provisions that are appropriate to 
protect health, safety or property. The Associate Administrator may 
impose additional provisions not specified in the application or remove 
conditions in the application that are unnecessary.
    (f) The Associate Administrator may grant an application on finding 
that--
    (1) The application complies with this subpart;
    (2) The application demonstrates that the proposed alternative will 
achieve a level of safety that:
    (i) 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, is 
consistent with the public interest and adequately will protect against 
the risks to life and property inherent in the transportation of 
hazardous materials in commerce;
    (3) The application states all material facts, and contains no 
materially false or materially misleading statement;
    (4) The applicant meets the qualifications required by applicable 
regulations; and
    (5) The applicant is fit to conduct the activity authorized by the 
exemption or special permit. This assessment may be based on information 
in the application, prior compliance history of the applicant, and other 
information available to the Associate Administrator.
    (g) An applicant is notified in writing whether the application is 
granted or denied. A denial contains a brief statement of reasons.
    (h) The initial exemption or special permit terminates according to 
its terms or, if not otherwise specified, 24 months from the date of 
issuance. A subsequent renewal of a special permit terminates according 
to its terms or, if not otherwise specified, 48 months

[[Page 26]]

after the date of issuance. A grant of party status to an exemption or 
special permit, unless otherwise stated, terminates on the date that the 
exemption or special permit expires.
    (i) The Associate Administrator, on determining that an application 
concerns a matter of general applicability and future effect and should 
be the subject of rulemaking, may initiate rulemaking under part 106 of 
this chapter in addition to or instead of acting on the application.
    (j) The Associate Administrator publishes in the Federal Register a 
list of all special permit grants, denials, and modifications and all 
special permit applications withdrawn under this section.

[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 67 FR 61011, 
Sept. 27, 2002; 70 FR 73161, Dec. 9, 2005]