[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: 49CFR107.113]





[Page 20-21]


 


                        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. 107.113  Application processing and evaluation.





    (a) The Associate Administrator reviews an application for 


exemption, modification of exemption, party to exemption, or renewal of 


an exemption 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 exemption, modification of 


exemption, or party to exemption, and within 15 days of receipt of an 


application for renewal of an exemption. If an application is determined 


to be incomplete, the applicant is informed of the reasons.


    (b) An application, other than a renewal, party to, or emergency 


exemption application, that 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:





[[Page 21]]





    (i) 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, 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. 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) An exemption and any renewal thereof terminates according to its 


terms or, if not otherwise specified, two years after the date of 


issuance. A grant of party status to an exemption, unless otherwise 


stated, terminates on the date that the exemption 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 exemption grants, denials, and modifications and all 


exemption applications withdrawn under this section.