section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 49:49:2.1.1.1.2.1.4.1,49,Transportation,I,A,105,PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES,A,Subpart A—Definitions,,§ 105.5 Definitions.,PHMSA,,,"[67 FR 42951, June 25, 2002, as amended at 68 FR 52846, Sept. 8, 2003; 70 FR 56087, Sept. 23, 2005; 70 FR 73158, Dec. 9, 2005; 80 FR 54436, Sept. 10, 2015]","(a) This part contains the definitions for certain words and phrases used throughout this subchapter (49 CFR parts 105 through 110). At the beginning of each subpart, the Pipeline and Hazardous Materials Safety Administration (“PHMSA” or “we”) will identify the defined terms that are used within the subpart—by listing them—and refer the reader to the definitions in this part. This way, readers will know that PHMSA has given a term a precise meaning and will know where to look for it. (b) Terms used in this part are defined as follows: Approval means a written authorization, including a competent authority approval, issued by the Associate Administrator, the Associate Administrator's designee, or as otherwise prescribed in the HMR, to perform a function for which prior authorization by the Associate Administrator is required under subchapter C of this chapter (49 CFR parts 171 through 180). Associate Administrator means Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. Competent Authority means a national agency that is responsible, under its national law, for the control or regulation of some aspect of hazardous materials (dangerous goods) transportation. Another term for Competent Authority is “Appropriate authority” which is used in the International Civil Aviation Organization's (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air. The Associate Administrator is the United States Competent Authority for purposes of 49 CFR part 107. Competent Authority Approval means an approval by the competent authority that is required under an international standard (for example, the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Maritime Dangerous Goods Code). Any of the following may be considered a competent authority approval if it satisfies the requirement of an international standard: (1) A specific regulation in subchapter A or C of this chapter. (2) A special permit or approval issued under subchapter A or C of this chapter. (3) A separate document issued to one or more persons by the Associate Administrator. Federal hazardous material transportation law means 49 U.S.C. 5101 et seq. File or Filed means received by the appropriate PHMSA or other designated office within the time specified in a regulation or rulemaking document. Hazardous material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of subchapter C of this chapter. Hazardous Materials Regulations or HMR means the regulations at 49 CFR parts 171 through 180. Indian tribe has the same meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). Person means an individual, firm, copartnership, corporation, company, association, or joint-stock association (including any trustee, receiver, assignee, or similar representative); or a government or Indian tribe (or an agency or instrumentality of any government or Indian tribe) that transports a hazardous material to further a commercial enterprise or offers a hazardous material for transportation in commerce. Person does not include the following: (1) The United States Postal Service. (2) Any agency or instrumentality of the Federal government, for the purposes of 49 U.S.C. 5123 (civil penalties) and 5124 (criminal penalties). (3) Any government or Indian tribe (or an agency or instrumentality of any government or Indian tribe) that transports hazardous material for a governmental purpose. Political subdivision means a municipality; a public agency or other instrumentality of one or more States, municipalities, or other political body of a State; or a public corporation, board, or commission established under the laws of one or more States. Preemption determination means an administrative decision by the Associate Administrator that Federal hazardous materials law does or does not void a specific State, political subdivision, or Indian tribe requirement. Regulations issued under Federal hazardous material transportation law include this subchapter A (parts 105-110) and subchapter C (parts 171-180) of this chapter, certain regulations in chapter I (United States Coast Guard) of title 46, Code of Federal Regulations, and in chapters III (Federal Motor Carrier Safety Administration) and XII (Transportation Security Administration) of subtitle B of this title, as indicated by the authority citations therein. Special permit means a document issued by the Associate Administrator, the Associate Administrator's designee, or as otherwise prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting a person to perform a function that is not otherwise permitted under subchapter A or C of this chapter, or other regulations issued under 49 U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing requirements). State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other territory or possession of the United States designated by the Secretary. Transports or Transportation means the movement of property and loading, unloading, or storage incidental to the movement. Waiver of Preemption means a decision by the Associate Administrator to forego preemption of a non-Federal requirement—that is, to allow a State, political subdivision or Indian tribe requirement to remain in effect. The non-Federal requirement must provide at least as much public protection as the Federal hazardous materials transportation law and the regulations issued under Federal hazardous materials transportation law, and may not unreasonably burden commerce." 49:49:2.1.1.1.2.2.4.1,49,Transportation,I,A,105,PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES,B,Subpart B—General Procedures,,§ 105.15 Defined terms used in this subpart.,PHMSA,,,"[67 FR 42951, June 25, 2002, as amended at 70 FR 73159, Dec. 9, 2005]",The following defined terms (see subpart A of this part) appear in this subpart: Approval; Federal hazardous material transportation law; Hazardous material; Hazardous materials regulations; Indian tribe; Preemption determination; Special permit; State; Transportation; Waiver of preemption 49:49:2.1.1.1.2.2.4.2,49,Transportation,I,A,105,PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES,B,Subpart B—General Procedures,,§ 105.20 Guidance and interpretations.,PHMSA,,,"[70 FR 56087, Sept. 23, 2005, as amended at 72 FR 55682, Oct. 1, 2007; 76 FR 56310, Sept. 13, 2011]","(a) Hazardous materials regulations. You can obtain information and answers to your questions on compliance with the hazardous materials regulations (49 CFR parts 171 through 180) and interpretations of those regulations by contacting PHMSA's Office of Hazardous Materials Safety as follows: (1) Call the Hazardous Materials Information Center at 1-800-467-4922 (in Washington, DC, call (202) 366-4488). The Center is staffed from 9 a.m. through 5 p.m. Eastern time, Monday through Friday except Federal holidays. After hours, you can leave a recorded message and your call will be returned by the next business day. (2) E-mail the Hazardous Materials Information Center at infocntr@dot.gov. (3) Obtain hazardous materials safety information via the Internet at http://www.phmsa.dot.gov. (4) Send a letter, with your return address and a daytime telephone number, to: Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. (b) Federal hazardous materials transportation law and preemption. You can obtain information and answers to your questions on Federal hazardous materials transportation law, 49 U.S.C. 5101 et seq., and Federal preemption of State, local, and Indian tribe hazardous material transportation requirements, by contacting PHMSA's Office of the Chief Counsel as follows: (1) Call the office of the Chief Counsel at (202) 366-4400 from 9 a.m. to 5 p.m. Eastern time, Monday through Friday except Federal holidays. (2) Access information from the Office of the Chief Counsel via the Internet at http://www.phmsa.dot.gov. (3) Send a letter, with your return address and a daytime telephone number, to: Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, Attn: PHC-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. (4) Contact the Office of the Chief Counsel for a copy of applications for preemption determinations, waiver of preemption determinations, and inconsistency rulings received by PHMSA before February 1, 1997." 49:49:2.1.1.1.2.2.4.3,49,Transportation,I,A,105,PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES,B,Subpart B—General Procedures,,§ 105.25 Reviewing public documents.,PHMSA,,,"[70 FR 56088, Sept. 23, 2005, as amended at 70 FR 73159, Dec. 9, 2005; 72 FR 55682, Oct. 1, 2007; 76 FR 56310, Sept. 13, 2011]","PHMSA is required by statute to make certain documents and information available to the public. You can review and copy publicly available documents and information at the locations described in this section. (a) DOT Docket Management System. Unless a particular document says otherwise, the following documents are available for public review and copying at the Department of Transportation's Docket Management System, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001, or for review and downloading through the Internet at http://www.regulations.gov. (1) Rulemaking documents in proceedings started after February 1, 1997, including notices of proposed rulemaking, advance notices of proposed rulemaking, public comments, related Federal Register notices, final rules, appeals, and PHMSA's decisions in response to appeals. (2) Applications for special permits numbered DOT-E or DOT-SP 11832 and above. Also available are supporting data, memoranda of any informal meetings with applicants, related Federal Register notices, public comments, and decisions granting or denying applications for special permits. (3) Applications for preemption determinations and waiver of preemption determinations received by PHMSA after February 1, 1997. Also available are public comments, Federal Register notices, and PHMSA's rulings, determinations, decisions on reconsideration, and orders issued in response to those applications. (b) Office of Pipeline and Hazardous Materials Safety Administration's Office of Hazardous Materials Safety. (1) You may obtain documents ( e.g. , proposed and final rules, notices, letters of clarification, safety notices, DOT forms and other documents) by contacting the Hazardous Materials Information Center at 1-800-467-4922 or through the Internet at http://www.phmsa.dot.gov. (2) Upon your written request, we will make the following documents and information available to you: (i) Appeals under 49 CFR part 107 and PHMSA's decisions issued in response to those appeals. (ii) Records of compliance order proceedings and PHMSA compliance orders. (iii) Applications for approvals, including supporting data, memoranda of any informal meetings with applicants, and decisions granting or denying approvals applications. (iv) Applications for special permits numbered below DOT-E or DOT-SP 11832 and related background information are available for public review and copying at the Office of Hazardous Materials Safety, Approvals and Permits Division, U.S. Department of Transportation, PHH-30, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. (v) Other information about PHMSA's hazardous materials program required by statute to be made available to the public for review and copying and any other information PHMSA decides should be available to the public. (3) Your written request to review documents should include the following: (i) A detailed description of the documents you wish to review. (ii) Your name, address, and telephone number. (4) Send your written request to: Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-1, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001." 49:49:2.1.1.1.2.2.4.4,49,Transportation,I,A,105,PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES,B,Subpart B—General Procedures,,§ 105.26 Obtaining records on file with PHMSA.,PHMSA,,,,"To obtain records on file with PHMSA, other than those described in § 105.25, you must file a request with PHMSA under the Freedom of Information Act (FOIA) (5 U.S.C. 552). The procedures for filing a FOIA request are contained in 49 CFR part 7." 49:49:2.1.1.1.2.2.4.5,49,Transportation,I,A,105,PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES,B,Subpart B—General Procedures,,§ 105.30 Information made available to the public and request for confidential treatment.,PHMSA,,,"[67 FR 42951, June 25, 2002, as amended at 70 FR 73159, Dec. 9, 2005]","When you submit information to PHMSA during a rulemaking proceeding, as part of your application for special permit or approval, or for any other reason, we may make that information publicly available unless you ask that we keep the information confidential. (a) Asking for confidential treatment. You may ask us to give confidential treatment to information you give to the agency by taking the following steps: (1) Mark “confidential” on each page of the original document you would like to keep confidential. (2) Send us, along with the original document, a second copy of the original document with the confidential information deleted. (3) Explain why the information you are submitting is confidential (for example, it is exempt from mandatory public disclosure under the Freedom of Information Act, 5 U.S.C. 552 or it is information referred to in 18 U.S.C. 1905). (b) PHMSA Decision. PHMSA will decide whether or not to treat your information as confidential. We will notify you, in writing, of a decision to grant or deny confidentiality at least five days before the information is publicly disclosed, and give you an opportunity to respond." 49:49:2.1.1.1.2.2.5.6,49,Transportation,I,A,105,PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES,B,Subpart B—General Procedures,,§ 105.35 Serving documents in PHMSA proceedings.,PHMSA,,,"[67 FR 42951, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007; 76 FR 460, Jan. 5, 2011]","(a) Service by PHMSA. We may serve the document by one of the following methods, except where a different method of service is specifically required: (1) Registered or certified mail. (i) If we serve a document by registered or certified mail, it is considered served when mailed. (ii) An official United States Postal Service receipt from the registered or certified mailing is proof of service. (iii) We may serve a person's authorized representative or agent by registered or certified mail, or in any other manner authorized by law. Service on a person's authorized agent is the same as service on the person. (2) Personal service. (3) Publication in the Federal Register. (4) Electronic service. (i) Service by electronic means if consented to in writing by the party to be served. (ii) For all special permits and approvals actions, electronic service is authorized. (b) Service by others. If you are required under this subchapter to serve a person with a document, serve the document by one of the following methods, except where a different method of service is specifically required: (1) Registered or certified mail. (i) If you serve a document by registered or certified mail, it is considered served when mailed. (ii) An official United States Postal Service receipt from the registered or certified mailing is proof of service. (iii) You may serve a person's authorized representative or agent by registered or certified mail or in any other manner authorized by law. Service on a person's authorized agent is the same as service on the person. (2) Personal service. (3) Electronic service. (i) In a proceeding under § 107.317 of this subchapter (an administrative law judge proceeding), you may electronically serve documents on us. (ii) Serve documents electronically through the Internet at http://www.regulations.gov." 49:49:2.1.1.1.2.2.5.7,49,Transportation,I,A,105,PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES,B,Subpart B—General Procedures,,§ 105.40 Designated agents for non-residents.,PHMSA,,,"[67 FR 42951, June 25, 2002, as amended at 70 FR 56088, Sept. 23, 2005; 70 FR 73159, Dec. 9, 2005; 72 FR 55682, Oct. 1, 2007; 75 FR 27211, May 14, 2010; 76 FR 56310, Sept. 13, 2011; 78 FR 15321, Mar. 11, 2013]","(a) General requirement. If you are not a resident of the United States but are required by this subchapter or subchapter C of this chapter to designate a permanent resident of the United States to act as your agent and receive documents on your behalf, you must prepare a designation and file it with us. (b) Agents. An agent, also known as “agent for service of process”: (1) May be an individual, a firm, or a domestic corporation. (2) May represent any number of principals. (3) May not reassign responsibilities under a designation to another person. (c) Preparing a designation. Your designation must be written and dated, and it must contain the following information: (1) The section in the HMR that requires you to file a designation. (2) A certification that the designation is in the correct legal form required to make it valid and binding on you under the laws, corporate bylaws, and other requirements that apply to designations at the time and place you are making the designation. (3) Your full legal name, the principal name of your business, and your mailing address. (4) A statement that your designation will remain in effect until you withdraw or replace it. (5) The legal name and mailing address of your agent. (6) A declaration of acceptance signed by your agent. (d) Each designation must be submitted to: Approvals and Permits Division, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-30, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 or by electronic mail to: specialpermits@dot.gov or approvals@dot.gov as appropriate. (e) Designations are binding. You are bound by your designation of an agent, even if you did not follow all the requirements in this section, until we reject your designation." 49:49:2.1.1.1.2.2.6.10,49,Transportation,I,A,105,PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES,B,Subpart B—General Procedures,,§ 105.55 Refusal to obey a subpoena.,PHMSA,,,,"(a) Quashing or modifying a subpoena. If you receive a subpoena, you can ask PHMSA to overturn (“quash”) or modify the subpoena within 10 days after the subpoena is served on you. Your request must briefly explain the reasons you are asking for the subpoena to be quashed or modified. PHMSA may then do the following: (1) Deny your request. (2) Quash or modify the subpoena. (3) Grant your request on the condition that you satisfy certain specified requirements. (b) Failure to obey. If you disobey a subpoena, PHMSA may ask the Attorney General to seek help from the United States District Court for the appropriate District to compel you, after notice, to appear before PHMSA and give testimony, produce subpoenaed documents or physical evidence, or both." 49:49:2.1.1.1.2.2.6.8,49,Transportation,I,A,105,PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES,B,Subpart B—General Procedures,,§ 105.45 Issuing a subpoena.,PHMSA,,,,"(a) Subpoenas explained. A subpoena is a document that may require you to attend a proceeding, produce documents or other physical evidence in your possession or control, or both. PHMSA may issue a subpoena either on its initiative or at the request of someone participating in a proceeding. Anyone who requests that PHMSA issue a subpoena must show that the subpoena seeks information that will materially advance the proceeding. (b) Attendance and mileage expenses. (1) If you receive a subpoena to attend a proceeding under this part, you may receive money to cover attendance and mileage expenses. The attendance and mileage fees will be the same as those paid to a witness in a proceeding in the district courts of the United States. (2) If PHMSA issues a subpoena to you based upon a request, the requester must serve a copy of the original subpoena on you, as required in § 105.50. The requester must also include attendance and mileage fees with the subpoena unless the requester asks PHMSA to pay the attendance and mileage fees because of demonstrated financial hardship and PHMSA agrees to do so. (3) If PHMSA issues a subpoena at the request of an officer or agency of the Federal government, the officer or agency is not required to include attendance and mileage fees when serving the subpoena. The officer or agency must pay the fees before you leave the hearing at which you testify." 49:49:2.1.1.1.2.2.6.9,49,Transportation,I,A,105,PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES,B,Subpart B—General Procedures,,§ 105.50 Serving a subpoena.,PHMSA,,,,"(a) Personal service. Anyone who is not an interested party and who is at least 18 years of age may serve you with a subpoena and fees by handing the subpoena and fees to you, by leaving them at your office with the individual in charge, or by leaving them at your house with someone who lives there and is capable of making sure that you receive them. If PHMSA issues a subpoena to an entity, rather than an individual, personal service is made by delivering the subpoena and fees to the entity's registered agent for service of process or to any officer, director or agent in charge of any of the entity's offices. (b) Service by mail. You may be served with a copy of a subpoena and fees by certified or registered mail at your last known address. Service of a subpoena and fees may also be made by registered or certified mail to your agent for service of process or any of your representatives at that person's last known address. (c) Other methods. You may be served with a copy of a subpoena by any method where you receive actual notice of the subpoena and receive the fees before leaving the hearing at which you testify. (d) Filing after service. After service is complete, the individual who served a copy of a subpoena and fees must file the original subpoena and a certificate of service with the PHMSA official who is responsible for conducting the hearing." 49:49:2.1.1.1.3.1.11.1,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,A,Subpart A—PHMSA Rulemaking Documents,,§ 106.5 Defined terms used in this subpart.,PHMSA,,,,"The following defined terms (see part 105, subpart A, of this subchapter) appear in this subpart: File; Person; State." 49:49:2.1.1.1.3.1.11.2,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,A,Subpart A—PHMSA Rulemaking Documents,,§ 106.10 Process for issuing rules.,PHMSA,,,"[67 FR 42954, June 25, 2002, as amended at 70 FR 56088, Sept. 23, 2005]","(a) PHMSA (“we”) uses informal rulemaking procedures under the Administrative Procedure Act (5 U.S.C. 553) to add, amend, or delete regulations. To propose or adopt changes to a regulation, PHMSA may issue one or more of the following documents. We publish the following rulemaking documents in the Federal Register unless we name and personally serve a copy of a rule on every person subject to it: (1) An advance notice of proposed rulemaking. (2) A notice of proposed rulemaking. (3) A final rule. (4) An interim final rule. (5) A direct final rule. (b) Each of the rulemaking documents in paragraph (a) of this section generally contains the following information: (1) The topic involved in the rulemaking document. (2) PHMSA's legal authority for issuing the rulemaking document. (3) How interested persons may participate in the rulemaking proceeding (for example, by filing written comments or making oral presentations). (4) Whom to call if you have questions about the rulemaking document. (5) The date, time, and place of any public meetings being held to discuss the rulemaking document. (6) The docket number and regulation identifier number (RIN) for the rulemaking proceeding." 49:49:2.1.1.1.3.1.11.3,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,A,Subpart A—PHMSA Rulemaking Documents,,§ 106.15 Advance notice of proposed rulemaking.,PHMSA,,,,An advance notice of proposed rulemaking (ANPRM) tells the public that PHMSA is considering an area for rulemaking and requests written comments on the appropriate scope of the rulemaking or on specific topics. An advance notice of proposed rulemaking may or may not include the text of potential changes to a regulation. 49:49:2.1.1.1.3.1.11.4,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,A,Subpart A—PHMSA Rulemaking Documents,,§ 106.20 Notice of proposed rulemaking.,PHMSA,,,,A notice of proposed rulemaking (NPRM) contains PHMSA's specific proposed regulatory changes for public comment and contains supporting information. It generally includes proposed regulatory text. 49:49:2.1.1.1.3.1.11.5,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,A,Subpart A—PHMSA Rulemaking Documents,,§ 106.25 Revising regulations without first issuing an ANPRM or NPRM.,PHMSA,,,,"PHMSA may add, amend, or delete regulations without first issuing an ANPRM or NPRM in the following situations: (a) We may go directly to a final rule or interim final rule if, for good cause, we find that a notice of proposed rulemaking is impracticable, unnecessary, or contrary to the public interest. We must place that finding and a brief statement of the reasons for it in the final rule or interim final rule. (b) We may issue a direct final rule (see § 106.40)." 49:49:2.1.1.1.3.1.11.6,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,A,Subpart A—PHMSA Rulemaking Documents,,§ 106.30 Final rule.,PHMSA,,,,A final rule sets out new regulatory requirements and their effective date. A final rule will also identify issues raised by commenters in response to the notice of proposed rulemaking and give the agency's response. 49:49:2.1.1.1.3.1.11.7,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,A,Subpart A—PHMSA Rulemaking Documents,,§ 106.35 Interim final rule.,PHMSA,,,,"An interim final rule is issued without first issuing a notice of proposed rulemaking and accepting public comments and sets out new regulatory requirements and their effective date. PHMSA may issue an interim final rule if it finds, for good cause, that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. PHMSA will clearly set out this finding in the interim final rule. After receiving and reviewing public comments, as well as any other relevant documents, PHMSA may revise the interim final rule and then issue a final rule." 49:49:2.1.1.1.3.1.11.8,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,A,Subpart A—PHMSA Rulemaking Documents,,§ 106.40 Direct final rule.,PHMSA,,,"[67 FR 42954, June 25, 2002, as amended 84 FR 71733, Dec. 27, 2019; 86 FR 17295, Apr. 2, 2021]","A direct final rule makes regulatory changes and states that the regulatory changes will take effect on a specified date unless PHMSA receives an adverse comment within the comment period—generally 60 days after the direct final rule is published in the Federal Register . (a) Actions taken by direct final rule. We may use direct final rulemaking procedures to issue rules that do any of the following: (1) Make minor substantive changes to regulations. (2) Incorporate by reference the latest edition of technical or industry standards. (3) Extend compliance dates. (4) Make noncontroversial changes to regulations. We must determine and publish a finding that use of direct final rulemaking, in this situation, is in the public interest and unlikely to result in adverse comment. (b) Adverse comment. An adverse comment explains why a rule would be inappropriate, or would be ineffective or unacceptable without a change. It may challenge the rule's underlying premise or approach. Under the direct final rule process, we do not consider the following types of comments to be adverse: (1) A comment recommending another rule change, in addition to the change in the direct final rule at issue, unless the commenter states why the direct final rule would be ineffective without the change. (2) A frivolous or irrelevant comment. (c) Confirmation of effective date. We will publish a confirmation document in the Federal Register, generally within 15 days after the comment period closes, if we have not received an adverse comment. The confirmation document tells the public the effective date of the rule—either the date stated in the direct final rule or at least 30 days after the publication date of the confirmation document, whichever is later. (d) Withdrawing a direct final rule. (1) If we receive an adverse comment, we will either publish a document withdrawing the direct final rule before it becomes effective and may issue an NPRM, or proceed by any other means permitted under the Administrative Procedure Act. (2) If we withdraw a direct final rule because of an adverse comment, we may incorporate the adverse comment into a later direct final rule or may publish a notice of proposed rulemaking. (e) Appeal. You may appeal PHMSA's issuance of a direct final rule (see § 106.115) only if you have previously filed written comments (see § 106.60) to the direct final rule." 49:49:2.1.1.1.3.1.11.9,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,A,Subpart A—PHMSA Rulemaking Documents,,§ 106.45 Tracking rulemaking actions.,PHMSA,,,"[70 FR 56088, Sept. 23, 2005, as amended at 72 FR 55682, Oct. 1, 2007]","The following identifying numbers allow you to track PHMSA's rulemaking activities: (a) Docket number. We assign an identifying number, called a docket number, to each rulemaking proceeding. Each rulemaking document that PHMSA issues in a particular rulemaking proceeding will display the same docket number. This number allows you to do the following: (1) Associate related documents that appear in the Federal Register. (2) Search the DOT Docket Management System (“DMS”) for information on particular rulemaking proceedings—including notices of proposed rulemaking, public comments, petitions for rulemaking, appeals, records of additional rulemaking proceedings and final rules. There are two ways you can search the DMS: (i) Visit the public docket room and review and copy any docketed materials during regular business hours. The DOT Docket Management System is located at the U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. (ii) View and download docketed materials through the Internet at http://www.regulations.gov. (b) Regulation identifier number. The Department of Transportation publishes a semiannual agenda of all current and projected Department of Transportation rulemakings, reviews of existing regulations, and completed actions. This semiannual agenda appears in the Unified Agenda of Federal Regulations that is published in the Federal Register in April and October of each year. The semiannual agenda tells the public about the Department's—including PHMSA's—regulatory activities. The Department assigns a regulation identifier number (RIN) to each individual rulemaking proceeding in the semiannual agenda. This number appears on all rulemaking documents published in the Federal Register and makes it easy for you to track those rulemaking proceedings in both the Federal Register and the semiannual regulatory agenda itself, as well as to locate all documents in the Docket Management System pertaining to a particular rulemaking." 49:49:2.1.1.1.3.2.11.1,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.50 Defined terms used in this subpart.,PHMSA,,,,"The following defined terms (see part 105, subpart A, of this subchapter) appear in this subpart: File; Person; Political subdivision; State." 49:49:2.1.1.1.3.2.11.2,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.55 Public participation in the rulemaking process.,PHMSA,,,,"You may participate in PHMSA's rulemaking process by doing any of the following: (a) File written comments on any rulemaking document that asks for comments, including an advance notice of proposed rulemaking, notice of proposed rulemaking, interim final rule, or direct final rule. (b) Ask that we hold a public meeting in any rulemaking proceeding and participate in any public meeting that we hold. (c) File a petition for rulemaking that asks us to add, amend, or delete a regulation. (d) File an appeal that asks us to reexamine our decision to issue all or part of a final rule, interim final rule, or direct final rule." 49:49:2.1.1.1.3.2.11.3,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.60 Filing comments.,PHMSA,,,,"Anyone may file written comments about proposals made in any rulemaking document that requests public comments, including any State government agency, any political subdivision of a State, and any interested person invited by PHMSA to participate in the rulemaking process." 49:49:2.1.1.1.3.2.11.4,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.65 Required information for written comments.,PHMSA,,,,"Your comments must be in English and must contain the following: (a) The docket number of the rulemaking document you are commenting on, clearly set out at the beginning of your comments. (b) Information, views, or arguments that follow the instructions for participation that appear in the rulemaking document on which you are commenting. (c) All material that is relevant to any statement of fact in your comments. (d) The document title and page number of any material that you reference in your comments." 49:49:2.1.1.1.3.2.11.5,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.70 Where and when to file comments.,PHMSA,,,"[67 FR 42954, June 25, 2002, as amended at 69 FR 54044, Sept. 7, 2004; 72 FR 55682, Oct. 1, 2007]","(a) Unless you are told to do otherwise in the rulemaking document on which you are commenting, send your comments to us in either of the following ways: (1) By mail to: Docket Management System, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. (2) Through the Internet at http://www.regulations.gov. (b) Make sure that your comments reach us by the deadline set out in the rulemaking document on which you are commenting. We will consider late filed comments to the extent possible. (c) We may reject comments that are not relevant to the rulemaking. We may reject comments you file electronically if you do not follow the electronic filing instructions at the DOT Web site." 49:49:2.1.1.1.3.2.11.6,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.75 Extension of time to file comments.,PHMSA,,,"[67 FR 42954, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007]","You may ask for more time to file comments on a rulemaking proceeding. If PHMSA grants your request, it is granted to all persons. We will notify the public of the extension by publishing a document in the Federal Register. If PHMSA denies your request, PHMSA will notify you of the denial. To ask for more time, you must do the following: (a) File a request for extension at least ten days before the end of the comment period established in the rulemaking document. (b) Show that you have good cause for the extension and that an extension is in the public interest. (c) Include the docket number of the rulemaking document you are seeking additional time to comment on, clearly set out at the beginning of your request. (d) Send your request to: Docket Management System, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001." 49:49:2.1.1.1.3.2.12.7,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.80 Public meeting procedures.,PHMSA,,,,"A public meeting is a non-adversarial, fact-finding proceeding conducted by a PHMSA representative. Generally, public meetings are announced in the Federal Register. Interested persons are invited to attend and to present their views to the agency on specific issues. There are no formal pleadings and no adverse parties, and any regulation issued afterward is not necessarily based exclusively on the record of the meeting. Sections 556 and 557 of the Administrative Procedure Act (5 U.S.C. 556 and 557) do not apply to public meetings under this part." 49:49:2.1.1.1.3.2.12.8,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.85 Requesting a public meeting.,PHMSA,,,"[67 FR 42954, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007]","(a) You may ask for a public meeting by filing a written request with PHMSA no later than 20 days before the expiration of the comment period specified in the rulemaking document. Send your request for a public meeting to: Docket Management System, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. (b) PHMSA will review your request and, if you have shown good cause for a public meeting, we will grant it and publish a notice of the meeting in the Federal Register." 49:49:2.1.1.1.3.2.12.9,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.90 Other rulemaking proceedings.,PHMSA,,,,"During a rulemaking proceeding, PHMSA may invite you to do the following: (a) Participate in a conference at which minutes are taken. (b) Make an oral presentation. (c) Participate in any other public proceeding to ensure that PHMSA makes informed decisions during the rulemaking process and to protect the public interest, including a negotiated rulemaking or work group led by a facilitator." 49:49:2.1.1.1.3.2.13.10,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.95 Requesting a change to the regulations.,PHMSA,,,"[70 FR 56089, Sept. 23, 2005, as amended at 72 FR 55683, Oct. 1, 2007; 76 FR 56310, Sept. 13, 2011]","You may ask PHMSA to add, amend, or delete a regulation by filing a petition for rulemaking as follows: (a) For regulations in 49 CFR parts 110, 130, 171 through 180, submit the petition to: Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, Attn: PHH-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. (b) For regulations in 49 CFR parts 105, 106, or 107, submit the petition to: Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, Attn: PHC-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001." 49:49:2.1.1.1.3.2.13.11,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.100 Required information for a petition for rulemaking.,PHMSA,,,,"(a) You must include the following information in your petition for rulemaking: (1) A summary of your proposed action and an explanation of its purpose. (2) The language you propose for a new or amended rule, or the language you would delete from a current rule. (3) An explanation of your interest in your proposed action and the interest of anyone you may represent. (4) Information and arguments that support your proposed action, including relevant technical and scientific data available to you. (5) Any specific cases that support or demonstrate the need for your proposed action. (b) If the impact of your proposed action is substantial, and data or other information about that impact are available to you, we may ask that you provide information about the following: (1) The costs and benefits of your proposed action to society in general, and identifiable groups within society in particular. (2) The direct effects, including preemption effects under section 5125 of Federal hazardous materials transportation law, of your proposed action on States, on the relationship between the Federal government and the States, and on the distribution of power and responsibilities among the various levels of government. (See 49 CFR part 107, subpart C, regarding preemption.) (3) The regulatory burden of your proposed action on small businesses, small organizations, small governmental jurisdictions, and Indian tribes. (4) The recordkeeping and reporting burdens of your proposed action and whom they would affect. (5) The effect of your proposed action on the quality of the natural and social environments." 49:49:2.1.1.1.3.2.13.12,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.105 PHMSA response to a petition for rulemaking.,PHMSA,,,,We will review and respond to your petition for rulemaking as follows: 49:49:2.1.1.1.3.2.14.13,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.110 Appealing a PHMSA Action.,PHMSA,,,,"You may appeal the following PHMSA actions: (a) PHMSA's issuance of a final rule or PHMSA's withdrawal of a notice of proposed rulemaking under the rulemaking procedures in this part. However, you may appeal PHMSA's issuance of a direct final rule only if you previously filed comments to the direct final rule (see § 106.40(e)). (b) Any PHMSA decision on a petition for rulemaking." 49:49:2.1.1.1.3.2.14.14,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.115 Required information for an appeal.,PHMSA,,,,"(a) Appeal of a final rule or withdrawal of a notice of proposed rulemaking. If you appeal PHMSA's issuance of a final rule or PHMSA's withdrawal of a notice of proposed rulemaking, your appeal must include the following: (1) The docket number of the rulemaking you are concerned about, clearly set out at the beginning of your appeal. (2) A brief statement of your concern about the final rule or the withdrawal of notice of proposed rulemaking at issue. (3) An explanation of why compliance with the final rule is not practical, reasonable, or in the public interest. (4) If you want PHMSA to consider more facts, the reason why you did not present those facts within the time given during the rulemaking process for public comment. (b) Appeal of a decision. If you appeal PHMSA's decision on a petition for rulemaking, you must include the following: (1) The contested aspects of the decision. (2) Any new arguments or information." 49:49:2.1.1.1.3.2.14.15,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.120 Appeal deadline.,PHMSA,,,"[70 FR 56089, Sept. 23, 2005]","(a) Appeal of a final rule or withdrawal of a notice of proposed rulemaking. If you appeal PHMSA's issuance of a final rule or PHMSA's withdrawal of a proposed rulemaking, your appeal document must reach us no later than 30 days after the date PHMSA published the regulation or the withdrawal notice in the Federal Register. After that time, PHMSA will consider your appeal to be a petition for rulemaking under § 106.100. (b) Appeal of a decision. If you appeal PHMSA's decision on a petition for rulemaking, your appeal document must reach us no later than 30 days from the date PHMSA served you with written notice of PHMSA's decision." 49:49:2.1.1.1.3.2.14.16,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.125 Filing an appeal.,PHMSA,,,"[67 FR 42954, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007]","Send your appeal to: Docket Management System, U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001." 49:49:2.1.1.1.3.2.14.17,49,Transportation,I,A,106,PART 106—RULEMAKING PROCEDURES,B,Subpart B—Participating in the Rulemaking Process,,§ 106.130 PHMSA response to an appeal.,PHMSA,,,,"Unless PHMSA provides otherwise, filing an appeal will not keep a final rule from becoming effective. We will handle an appeal according to the following procedures: (a) Appeal of a final rule or withdrawal of a notice of proposed rulemaking. (1) We may consolidate your appeal with other appeals of the same rule. (2) We may grant or deny your appeal, in whole or in part, without further rulemaking proceedings, unless granting your appeal would result in the issuance of a new final rule. (3) If we decide to grant your appeal, we may schedule further proceedings and an opportunity to comment. (4) PHMSA will notify you, in writing, of the action on your appeal within 90 days after the date that PHMSA published the final rule or withdrawal of notice of proposed rulemaking at issue in the Federal Register. If we do not issue a decision on your appeal within the 90-day period and we anticipate a substantial delay, we will notify you directly about the delay and will give you an expected decision date. We will also publish a notice of the delay in the Federal Register. (b) Appeal of a decision. (1) We will not consider your appeal if it merely repeats arguments that PHMSA has previously rejected. (2) PHMSA will notify you, in writing, of the action on your appeal within 90 days after the date that PHMSA served you with written notice of its decision on your petition for rulemaking. If we do not issue a decision on your appeal within the 90-day period, and we anticipate a substantial delay, we will notify you directly about the delay and will give you an expected decision date." 49:49:2.1.1.1.4.1.20.1,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,A,Subpart A—Definitions,,§ 107.1 Definitions.,PHMSA,,,"[Amdt. 107-3, 41 FR 38170, Sept. 9, 1976]","All terms defined in 49 U.S.C. 5102 are used in their statutory meaning. Other terms used in this part are defined as follows: Acting knowingly means acting or failing to act while (1) Having actual knowledge of the facts giving rise to the violation, or (2) Having the knowledge that a reasonable person acting in the same circumstances and exercising due care would have had. Administrator means the Administrator, Pipeline and Hazardous Materials Safety Administration or his or her delegate. Applicant means the person in whose name a special permit, approval, registration, a renewed or modified special permit or approval, or party status to a special permit is requested to be issued. Applicant fitness means a determination by PHMSA, the Associate Administrator's designee, or as otherwise prescribed in the HMR, that a special permit or approval applicant is fit to conduct operations requested in the application or an authorized special permit or approval. Application means a request under subpart B of this part for a special permit, a renewal or modification of a special permit, party status to a special permit, or a request under subpart H of this part for an approval, or renewal or modification of an approval. Approval means a written authorization, including a competent authority approval, issued by the Associate Administrator, the Associate Administrator's designee, or as otherwise prescribed in the HMR, to perform a function for which prior authorization by the Associate Administrator is required under subchapter C of this chapter (49 CFR parts 171 through 180). Approval Agency means an organization or a person designated by the PHMSA to certify packagings as having been designed, manufactured, tested, modified, marked or maintained in compliance with applicable DOT regulations. Associate Administrator means the Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. Competent Authority means a national agency that is responsible, under its national law, for the control or regulation of some aspect of hazardous materials (dangerous goods) transportation. Another term for Competent Authority is “Appropriate authority,” which is used in the International Civil Aviation Organization's (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air. The Associate Administrator is the United States Competent Authority for purposes of this part 107. Competent Authority Approval means an approval by the competent authority that is required under an international standard (for example, the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Maritime Dangerous Goods Code). Any of the following may be considered a competent authority approval if it satisfies the requirement of an international standard: (1) A specific regulation in subchapter A or C of this chapter. (2) A special permit or approval issued under subchapter A or C of this chapter. (3) A separate document issued to one or more persons by the Associate Administrator. DOT or Department means U.S. Department of Transportation. Federal hazardous material transportation law means 49 U.S.C. 5101 et seq. Filed means received by the appropriate PHMSA or other designated office within the time specified in a regulation or rulemaking document. Fit or fitness means demonstrated and documented knowledge and capabilities resulting in the assurance of a level of safety and performance necessary to ensure compliance with the applicable provisions and requirements of subchapter C of this chapter or a special permit or approval issued under subchapter C of this chapter. Fitness coordinator means the PHMSA Field Operations (FOPS) Division officer or an authorized representative or special agent of DOT upon request, such as an Operating Administration (OA) representative, that conducts reviews regarding an organization's hazardous materials operations, including such areas as accident history, on-site inspection, compliance data, and other safety and transportation records to determine whether a special permit or approval applicant is determined to be fit as prescribed in §§ 107.113(f)(5) and 107.709(d)(5). Holder means the person in whose name a special permit or approval has been issued. Imminent Hazard means the existence of a condition which presents a substantial likelihood that death, serious illness, severe personal injury, or substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion of an administrative hearing or other formal proceeding initiated to abate the risks of those effects. Incident means an event resulting in the unintended and unanticipated release of a hazardous material or an event meeting incident reporting requirements in § 171.15 or § 171.16 of this chapter. Indian Tribe has the same meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). Insufficient corrective action means that either a PHMSA Field Operations (FOPS) Division officer or an authorized representative or special agent of DOT upon request, such as an Operating Administration (OA) representative, has determined that evidence of an applicant's corrective action in response to prior enforcement cases is inadequate or incomplete and the basic safety management controls proposed for the type of hazardous material, packaging, procedures, and/or mode of transportation remain inadequate to prevent recurrence of a violation. Investigation includes investigations authorized under 49 U.S.C. 5121 and inspections authorized under 49 U.S.C. 5118 and 5121. Manufacturing special permit means a special permit from compliance with specified requirements that otherwise must be met before representing, marking, certifying (including requalifying, inspecting, and testing), selling or offering a packaging or container as meeting the requirements of subchapter C of this chapter governing its use in the transportation in commerce of a hazardous material. A manufacturing special permit is a special permit issued to a manufacturer of packagings who does not offer for transportation or transport hazardous materials in packagings subject to the special permit. Party means a person, other than a holder, authorized to act under the terms of a special permit. Person means an individual, firm, copartnership, corporation, company, association, or joint-stock association (including any trustee, receiver, assignee, or similar representative); or a government or Indian tribe (or an agency or instrumentality of any government or Indian tribe) that transports a hazardous material to further a commercial enterprise or offers a hazardous material for transportation in commerce. Person does not include the following: (1) The United States Postal Service. (2) Any agency or instrumentality of the Federal government, for the purposes of 49 U.S.C. 5123 (civil penalties) and 5124 (criminal penalties.) (3) Any government or Indian tribe (or an agency or instrumentality of any government or Indian tribe) that transports hazardous material for a governmental purpose. Registration means a written acknowledgment from the Associate Administrator that a registrant is authorized to perform a function for which registration is required under subchapter C of this chapter (e.g., registration in accordance with 49 CFR 178.503 regarding marking of packagings). For purposes of subparts A through E, “registration” does not include registration under subpart F or G of this part. Report means information, other than an application, registration or part thereof, required to be submitted to the Associate Administrator pursuant to this subchapter, subchapter B or subchapter C of this chapter. Respondent means a person upon whom the PHMSA has served a notice of probable violation. Special permit means a document issued by the Associate Administrator, the Associate Administrator's designee, or as otherwise prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting a person to perform a function that is not otherwise permitted under subchapters A or C of this chapter, or other regulations issued under 49 U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing requirements). State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other territory or possession of the United States designated by the Secretary. Sufficient corrective action means that either a PHMSA Field Operations officer or an authorized representative or special agent of DOT upon request, such as an Operating Administration (OA) representative, has determined that evidence of an applicant's corrective action in response to prior enforcement cases is sufficient and the basic safety management controls proposed for the type of hazardous material, packaging, procedures, and/or mode of transportation are adequate. Transports or transportation means the movement of property and loading, unloading, or storage incidental to the movement." 49:49:2.1.1.1.4.2.20.1,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,B,Subpart B—Special Permits,,§ 107.101 Purpose and scope.,PHMSA,,,,"This subpart prescribes procedures for the issuance, modification and termination of special permits from requirements of this subchapter, subchapter C of this chapter, or regulations issued under chapter 51 of 49 U.S.C." 49:49:2.1.1.1.4.2.20.10,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,B,Subpart B—Special Permits,,§ 107.125 Appeal.,PHMSA,,,"[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 76 FR 463, Jan. 5, 2011; 85 FR 83374, Dec. 21, 2020]","(a) A person who requested reconsideration under § 107.123 and is denied the relief requested may appeal to the Administrator. The appeal must— (1) Be in writing or by electronic means and filed within 30 days of receipt of the Associate Administrator's decision on reconsideration; (2) State in detail any alleged errors of fact and law; (3) Enclose any additional information needed to support the appeal; and (4) State in detail the modification of the final decision sought. (b) The Administrator, if necessary to avoid a risk of significant harm to persons or property, may declare the Associate Administrator's action effective pending a decision on appeal. (c) The Administrator grants or denies, in whole or in part, the relief requested and informs the appellant in writing or by electronic means of the decision. The Administrator's decision is the final administrative action." 49:49:2.1.1.1.4.2.20.11,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,B,Subpart B—Special Permits,,§ 107.127 Availability of documents for public inspection.,PHMSA,,,"[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 65 FR 58618, Sept. 29, 2000; 66 FR 45377, Aug. 28, 2001; 67 FR 61011, Sept. 27, 2002; 70 FR 73162, Dec. 9, 2005; 72 FR 55683, Oct. 1, 2007; 76 FR 56310, Sept. 13, 2011]","(a) Documents related to an application under this subpart, including the application itself, are available for public inspection, except as specified in paragraph (b) of this section, at the Office of the Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, Approvals and Permits Division, U.S. Department of Transportation, East Building, PHH-30, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays when the office is closed. Copies of available documents may be obtained as provided in part 7 of this title. Documents numbered 11832 and above may also be viewed at the website address http://www.regulations.gov. (b) Documents available for inspection do not include materials determined to be withheld from public disclosure under § 105.30 and in accordance with the applicable provisions of section 552(b) of title 5, United States Code, and part 7 of this title." 49:49:2.1.1.1.4.2.20.2,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,B,Subpart B—Special Permits,,§ 107.105 Application for special permit.,PHMSA,,,"[76 FR 460, Jan. 5, 2011, as amended at 76 FR 44500, July 26, 2011; 76 FR 43524, July 20, 2011; 76 FR 56310, Sept. 13, 2011]","(a) General. Each application for a special permit or modification of a special permit and all supporting documents must be written in English and submitted for timely consideration at least 120 days before the requested effective date and conform to the following requirements: (1) The application, including a table of contents, must: (i) Be submitted to the Associate Administrator for Hazardous Materials Safety (Attention: General Approvals and 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; (ii) Be submitted with any attached supporting documentation by facsimile (fax) to: (202) 366-3753 or (202) 366-3308; (iii) Be submitted electronically by e-mail to: specialpermits@dot.gov ; or (iv) Be submitted using PHMSA's online system (table of contents omitted) at: http://www.phmsa.dot.gov/hazmat/regs/sp-a. (2) The application must state the name, mailing address, physical address(es) of all known locations where the special permit would be used, e-mail address (if available), and telephone number of the applicant. If the applicant is not an individual, the application must state the company name, mailing address, physical address(es) of all known locations where the special permit would be used, e-mail address (if available), and telephone number of an individual designated as the point of contact for the applicant for all purposes related to the application, the name of the company Chief Executive Officer (CEO) or president, or ranking officer; and the Dun and Bradstreet Data Universal Numbering System (D-U-N-S) identifier. (3) If the applicant is not a resident of the United States, in addition to the information listed in paragraph (a)(2) of this section, the application must identify and designate an agent that is a permanent resident of the United States for service in accordance with § 105.40 of this part. (4) For a manufacturing special permit, in addition to the information listed in paragraph (a)(2) of this section, the application must state the name and street address of each of the facilities of the applicant where manufacturing under the special permit will occur, and the symbol of the packaging manufacturer (“M” number), if applicable. (5) For persons required to be registered in accordance with Subpart F or G of this part, in addition to the information listed in paragraph (a)(2) of this section, the application must provide the registration number or the name of the company to which the registration number is assigned if different from the applicant. For persons not required to be registered in accordance with Subpart F or G of this part, in addition to the information listed in paragraph (a)(2) of this section, the application must provide a statement indicating that registration is not required. (b) Confidential treatment. To request confidential treatment for information contained in the application, the applicant must comply with § 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) The proposed mode or modes of transportation, including a description of all operational controls required; (3) A detailed description of the proposed special permit ( e.g., alternative packaging, test, procedure, activity, or hazard communication, including marking and labeling requirements) 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 of how compliance will be achieved at the end of that period. For transportation by air, a statement outlining the reason(s) the hazardous material is being transported by air if other modes are available; (6) If the applicant seeks emergency processing specified in § 107.117, a statement of supporting facts and reasons; (7) Identification and description, including an estimated quantity of each shipment of the hazardous materials planned for transportation under the special permit or; (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) An estimate of the number of operations expected to be conducted or number of shipments to be transported under the special permit; (11) An estimate of the number of packagings expected to be manufactured under the special permit, if applicable; (12) A statement as to whether the special permit being sought is related to a compliance review, inspection activity, or enforcement action; and (13) 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), a certification from 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 that no person within the categories listed in 18 U.S.C. 842(i) will participate in the transportation of the Class 1 material. (14) A statement indicating whether the applicant will be acting as a shipper (offeror), carrier or both under the terms of the special permit. (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; and (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 ( e.g., failure mode and effect analysis), 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." 49:49:2.1.1.1.4.2.20.3,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,B,Subpart B—Special Permits,,§ 107.107 Application for party status.,PHMSA,,,"[76 FR 461, Jan. 5, 2011, as amended at 76 FR 44500, July 26, 2011; 76 FR 43524, July 20, 2011; 76 FR 56310, Sept. 13, 2011]","(a) Any person eligible to apply for a special permit may apply to be a party to an application or an existing special permit, other than a manufacturing special permit. (b) Each application filed under this section must conform to the following requirements:— (1) The application must: (i) Be submitted to the Associate Administrator for Hazardous Materials Safety (Attention: General Approvals and 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; (ii) Be submitted with any attached supporting documentation by facsimile (fax) to: (202) 366-3753 or (202) 366-3308; or (iii) Be submitted by electronically by e-mail to: specialpermits@dot.gov, or on-line at: http://www.phmsa.dot.gov/hazmat/regs/sp-a. (2) The application must identify by number the special permit application or special permit to which the applicant seeks to become a party. (3) The application must state the name, mailing address, physical address(es) of all known locations where the special permit would be used, e-mail address (if available), and telephone number of the applicant. If the applicant is not an individual, the application must state the company name, mailing address, physical address(es) of all known locations where the special permit would be used, e-mail address (if available), and telephone number of an individual designated as the point of contact for the applicant for all purposes related to the application, the name of the company Chief Executive Officer (CEO), president, or ranking executive officer and the Dun and Bradstreet Data Universal Numbering System (D-U-N-S) identifier. In addition, each applicant must state why party status to the special permit is needed and must submit a certification of understanding of the provisions of the special permit to which party status is being requested. (4) If the applicant is not a resident of the United States, the application must identify and designate an agent that is a permanent resident of the United States for service in accordance with § 105.40 of part. (5) For a Class 1 material that is forbidden for transportation by aircraft except under a special permit ( see Columns 9A and 9B in the table in 49 CFR 172.101), a certification from an applicant for party status to 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 that no person within the categories listed in 18 U.S.C. 842(i) will participate in the transportation of the Class 1 material. (6) The applicant must certify that the applicant has not previously been granted party status to the special permit. If the applicant has previously been granted party status, the applicant must follow renewal procedures as specified in § 107.109. (7) A statement indicating whether the applicant will be acting as a shipper (offeror), carrier or both under the terms of the special permit. (c) The Associate Administrator may grant or deny an application for party status in the manner specified in § 107.113(e) and (f) of this subpart. (d) A party to a special permit is subject to all terms of that special permit, including the expiration date. If a party to a special permit wishes to renew party status, the special permit renewal procedures set forth in § 107.109 apply." 49:49:2.1.1.1.4.2.20.4,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,B,Subpart B—Special Permits,,§ 107.109 Application for renewal.,PHMSA,,,"[76 FR 462, Jan. 5, 2011, as amended at 76 FR 44501, July 26, 2011; 76 FR 43524, July 20, 2011; 76 FR 56310, Sept. 13, 2011; 87 FR 79764, Dec. 27, 2022]","(a) Each application for renewal of a special permit or party status to a special permit must conform to the following requirements: (1) The application must: (i) Be submitted to the Associate Administrator for Hazardous Materials Safety (Attention: General Approvals and 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; (ii) Be submitted with any attached supporting documentation submitted in an appropriate format by facsimile (fax) to: (202) 366-3753 or (202) 366-3308; or (iii) Be submitted electronically by e-mail to: specialpermits@dot.gov; or on-line at: http://www.phmsa.dot.gov/hazmat/regs/sp-a. (2) The application must identify by number the special permit for which renewal is requested. (3) The application must state the name, mailing address, physical address(es) of all known new locations not previously identified in the application where the special permit would be used and all locations not previously identified where the special permit was used, e-mail address (if available), and telephone number of the applicant. If the applicant is not an individual, the application must state the name, mailing address, physical address(es) of all known new locations not previously identified in the application where the special permit would be used and all locations not previously identified where the special permit was used, e-mail address (if available), and telephone number of an individual designated as the point of contact for the applicant for all purposes related to the application, the name of the company Chief Executive Officer (CEO), president, or ranking executive officer, and the Dun and Bradstreet Data Universal Numbering System (D-U-N-S) identifier. In addition, each applicant for renewal of party status must state why party status to the special permit is needed and must submit a certification of understanding of the provisions of the special permit to which party status is being requested. (4) The application must include either a certification by the applicant that the original application, as it may have been updated by any application for renewal, remains accurate ( e.g., all section references, shipping descriptions, email address, etc.) and complete; or include an amendment to the previously submitted application as is necessary to update and ensure the accuracy and completeness of the application, with certification by the applicant that the application as amended is accurate and complete. (5) The application must include a statement describing all relevant operational, shipping, and incident experience of which the applicant is aware in connection with the special permit since its issuance or most recent renewal. If the applicant is aware of no incidents, the applicant must so certify. When known to the applicant, the statement must indicate the approximate number of shipments made or packages shipped, as applicable, and the number of shipments or packages involved in any loss of contents, including loss by venting other than as authorized in subchapter C. (6) 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 application to renew 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. (7) If the renewal is requested after the expiration date of the special permit, the following information is required: (i) The reason the special permit authorization was allowed to expire; (ii) A certification statement that no shipments were transported after the expiration date of the special permit, or a statement describing any transportation under the terms of the special permit after the expiration date, if applicable; and (iii) A statement describing the action(s) the applicant will take to ensure future renewal is requested before the expiration date. (8) If no operations or shipments have been made since the issuance or renewal of the special permit, the applicant must provide specific justification as to why the special permit should be renewed. (9) A statement indicating whether the applicant will be acting as a shipper (offeror), carrier or both under the terms of the special permit. (b) If, at least 60 days before an existing special permit expires the holder files an application for renewal that is complete and conforms to the requirements of this section, the special permit will not expire until final administrative action on the application for renewal has been taken." 49:49:2.1.1.1.4.2.20.5,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,B,Subpart B—Special Permits,,§ 107.111 Withdrawal.,PHMSA,,,,"An application may be withdrawn at any time before a decision to grant or deny it is made. Withdrawal of an application does not authorize the removal of any related records from the PHMSA dockets or files. Applications that are eligible for confidential treatment under § 105.30 will remain confidential after the application is withdrawn. The duration of this confidential treatment for trade secrets and commercial or financial information is indefinite, unless the party requesting the confidential treatment of the materials notifies the Associate Administrator that the confidential treatment is no longer required." 49:49:2.1.1.1.4.2.20.6,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,B,Subpart B—Special Permits,,§ 107.113 Application processing and evaluation.,PHMSA,,,"[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 67 FR 61011, Sept. 27, 2002; 70 FR 73161, Dec. 9, 2005; 76 FR 463, Jan. 5, 2011; 80 FR 54437, Sept. 10, 2015]","(a) The Associate Administrator reviews an application for a special permit, modification of a special permit, party to a special permit, or renewal of a special permit in conformance with the standard operating procedures specified in appendix A of this part (“Standard Operating Procedures for Special Permits and Approvals”) to determine if it is complete and conforms with the requirements of this subpart. This determination will typically be made within 30 days of receipt of the application for a special permit, modification of a special permit, or party to a special permit, and typically within 15 days of receipt of an application for renewal of a special permit. If an application is determined to be incomplete, the Associate Administrator may reject the application. If that occurs, PHMSA will inform the applicant of the deficiency in writing. (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 § 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 conduct an on-site review or request additional information from the applicant. A failure to cooperate with an on-site review may result in the application being deemed incomplete and subsequently being denied. If the applicant does not respond to a written or electronic 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 or by electronic means 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 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 or by electronic means whether the application is granted or denied. A denial contains a brief statement of reasons. (h) The initial 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 after the date of issuance. A grant of party status to a special permit, unless otherwise stated, terminates on the date that the 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." 49:49:2.1.1.1.4.2.20.7,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,B,Subpart B—Special Permits,,§ 107.117 Emergency processing.,PHMSA,,,"[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 62 FR 51556, Oct. 1, 1997; 64 FR 51914, Sept. 27, 1999; 65 FR 58618, Sept. 29, 2000; 66 FR 45377, Aug. 28, 2001; 67 FR 61011, Sept. 27, 2002; 70 FR 56090, Sept. 23, 2005; 75 FR 53596, Sept. 1, 2010; 76 FR 463, Jan. 5, 2011; 80 FR 54437, Sept. 10, 2015; 85 FR 83374, Dec. 21, 2020; 89 FR 15662, Mar. 4, 2024]","(a) An application is granted emergency processing if the Associate Administrator, on the basis of the application and any inquiry undertaken, finds that: (1) Emergency processing is necessary to prevent significant injury to persons or property (other than the hazardous material to be transported) that could not be prevented if the application were processed on a routine basis; (2) Emergency processing is necessary for immediate national security purposes; (3) Emergency processing is necessary to prevent significant economic loss that could not be prevented if the application were processed on a routine basis; or (4) Emergency processing is necessary in support of an essential governmental (domestic or foreign) function that could not be satisfied if the application were processed on a routine basis. (b) Where the significant economic loss is to the applicant, or to a party in a contractual relationship to the applicant with respect to the activity to be undertaken, the Associate Administrator may deny emergency processing if timely application could have been made. (c) A request for emergency processing on the basis of potential economic loss must reasonably describe and estimate the potential loss. (d) An application submitted under this section must conform to § 107.105 to the extent that the receiving Department official deems necessary to process the application. An application on an emergency basis must be submitted to the Department modal contact official for the initial mode of transportation to be utilized, as follows: (1) Certificate-Holding Aircraft: The Federal Aviation Administration (FAA) Director, Office of Hazardous Materials Safety is responsible for the aircraft operator's hazardous materials safety program. The Director, Office of Hazardous Materials Safety, may be reached by calling the FAA Washington Operations Center at 202-267-3333 (any hour), or visiting FAA's website. (2) Noncertificate-Holding Aircraft (Those Which Operate Under 14 CFR part 91): The Federal Aviation Administration (FAA) Regional Office that serves the place where the flight will originate. The nearest Regional Office may be located by calling the FAA Washington Operations Center at 202-267-3333 or visiting FAA's website. (3) Motor Vehicle Transportation: Chief, Hazardous Materials Division, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, Washington, DC 20590-0001, 202-385-2400 (day); 1-800-424-8802 (night). (4) Rail Transportation: Staff Director, Hazardous Materials Division, Office of Safety Assurance and Compliance, Federal Railroad Administration, U.S. Department of Transportation, Washington, DC 20590-0001, 202-493-6248 or 202-493-6244 (day); 1-800-424-8802 (night). (5) Water Transportation: Chief, Hazardous Materials Standards Division, Office of Operating and Environmental Standards, U.S. Coast Guard, U.S. Department of Homeland Security, Washington, DC 20593-0001; 202-372-1420 (day); 1-800-424-8802 (night). (e) Upon receipt of all information necessary to process the application, the receiving Department official transmits to the Associate Administrator, by the most rapidly available means of communication, an evaluation as to whether an emergency exists under § 107.117(a) and, if appropriate, recommendations as to the conditions to be included in the special permit. The Associate Administrator will review an application for emergency processing of a special permit in conformance with the standard operating procedures specified in appendix A of this part (“Standard Operating Procedures for Special Permits and Approvals”) to determine if it is complete and conforms with the requirements of this subpart. If the Associate Administrator determines that an emergency exists under § 107.117(a) and that, with reference to the criteria of § 107.113(f), granting of the application is in the public interest, the Associate Administrator will grant the application subject to such terms as necessary and immediately notify the applicant. If the Associate Administrator determines that an emergency does not exist or that granting of the application is not in the public interest, the applicant will be notified immediately. (f) A determination that an emergency does not exist is not subject to reconsideration under § 107.123 of this part. (g) Within 90 days following issuance of an emergency special permit, the Associate Administrator will publish, in the Federal Register, a notice of issuance with a statement of the basis for the finding of emergency and the scope and duration of the special permit." 49:49:2.1.1.1.4.2.20.8,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,B,Subpart B—Special Permits,,"§ 107.121 Modification, suspension or termination of special permit or grant of party status.",PHMSA,,,"[76 FR 463, Jan. 5, 2011]","(a) The Associate Administrator may modify a special permit or grant of party status on finding that: (1) Modification is necessary so that the special permit reflects current statutes and regulations; or (2) Modification is required by changed circumstances to meet the standards of § 107.113(f). (b) The Associate Administrator may modify, suspend or terminate a special permit or grant of party status, as appropriate, on finding that: (1) Because of a change in circumstances, the special permit or party status no longer is needed or no longer would be granted if applied for; (2) The application contained inaccurate or incomplete information, and the special permit or party status would not have been granted had the application been accurate and complete; (3) The application contained deliberately inaccurate or incomplete information; or (4) The holder or party knowingly has violated the terms of the special permit or an applicable requirement of this chapter in a manner demonstrating the holder or party is not fit to conduct the activity authorized by the special permit. (c) Except as provided in paragraph (d) of this section, before a special permit or grant of party status is modified, suspended, or terminated, the Associate Administrator notifies the holder or party in writing or by electronic means of the proposed action and the reasons for it, and provides an opportunity to show cause why the proposed action should not be taken. (1) Within 30 days of receipt of notice of the proposed action, the holder or party may file a response in writing or by electronic means that shows cause why the proposed action should not be taken. (2) After considering the holder's or party's response, or after 30 days have passed without response since receipt of the notice, the Associate Administrator notifies the holder or party in writing or by electronic means of the final decision with a brief statement of reasons. (d) The Associate Administrator, if necessary to avoid a risk of significant harm to persons or property, may, in the notification, declare the proposed action immediately effective." 49:49:2.1.1.1.4.2.20.9,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,B,Subpart B—Special Permits,,§ 107.123 Reconsideration.,PHMSA,,,"[76 FR 463, Jan. 5, 2011]","(a) An applicant for special permit, a special permit holder, or an applicant for party status to a special permit may request that the Associate Administrator reconsider a decision under § 107.113(g), § 107.117(e) or § 107.121(c) of this part. The request must— (1) Be in writing or by electronic means and filed within 20 days of receipt of the decision; (2) State in detail any alleged errors of fact and law; (3) Enclose any additional information needed to support the request to reconsider; and (4) State in detail the modification of the final decision sought. (b) The Associate Administrator grants or denies, in whole or in part, the relief requested and informs the requesting person in writing or by electronic means of the decision. If necessary to avoid a risk of significant harm to persons or property, the Associate Administrator may, in the notification, declare the action immediately effective." 49:49:2.1.1.1.4.3.20.1,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.201 Purpose and scope.,PHMSA,,,"[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 FR 8622, Feb. 28, 1991; Amdt. 107-25, 57 FR 20428, May 13, 1992; Amdt. 107-32, 59 FR 49130, Sept. 26, 1994; Amdt. 107-35, 60 FR 49108, Sept. 21, 1995; Amdt. 107-38, 61 FR 21098, May 9, 1996; 68 FR 52846, Sept. 8, 2003; 71 FR 30067, May 25, 2006]","(a) This subpart prescribes procedures by which: (1) Any person, including a State, political subdivision, or Indian tribe, directly affected by a requirement of a State, political subdivision, or Indian tribe, may apply for a determination as to whether that requirement is preempted under 49 U.S.C. 5125. (2) A State, political subdivision, or Indian tribe may apply for a waiver of preemption with respect to any requirement that the State, political subdivision, or Indian tribe acknowledges to be preempted by 49 U.S.C. 5125, or that has been determined by a court of competent jurisdiction to be so preempted. (b) For purposes of this subpart “political subdivision” includes a municipality; a public agency or other instrumentality of one or more States, municipalities, or other political subdivisions of a State; or a public corporation, board, or commission established under the laws of one or more States. (c) [Reserved] (d) An application for a preemption determination that includes an application for a waiver of preemption will be treated and processed solely as an application for a preemption determination." 49:49:2.1.1.1.4.3.20.2,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.202 Standards for determining preemption.,PHMSA,,,"[Amdt. 107-24, 56 FR 8622, Feb. 28, 1991, as amended by Amdt. 107-25, 57 FR 20428, May 13, 1992; Amdt. 107-29, 58 FR 51527, Oct. 1, 1993; Amdt. 107-32, 59 FR 49130, Sept. 26, 1994; Amdt. 107-38, 61 FR 21098, May 9, 1996; Amdt. 107-39, 61 FR 51337, Oct. 1, 1996; 68 FR 52847, Sept. 8, 2003; 77 FR 60939, Oct. 5, 2012]","(a) Except as provided in § 107.221 and unless otherwise authorized by Federal law, any requirement of a State or political subdivision thereof or an Indian tribe that concerns one of the following subjects and that is not substantively the same as any provision of the Federal hazardous materials transportation law, a regulation issued under the Federal hazardous material transportation law, or a hazardous material transportation security regulation or directive issued by the Secretary of Homeland Security that concerns that subject, is preempted: (1) The designation, description, and classification of hazardous material. (2) The packing, repacking, handling, labeling, marking, and placarding of hazardous material. (3) The preparation, execution, and use of shipping documents pertaining to hazardous material and requirements related to the number, content, and placement of those documents. (4) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material and other written hazardous materials transportation incident reporting involving State or local emergency responders in the initial response to the incident. (5) The design, manufacturing, fabrication, marking, maintenance, reconditioning, repairing, or testing of a packaging or a container which is represented, marked, certified, or sold as qualified for use in the transportation of hazardous material. (b) Except as provided in § 107.221 and unless otherwise authorized by Federal law, any requirement of a State or political subdivision or Indian tribe is preempted if— (1) It is not possible to comply with a requirement of the State, political subdivision, or Indian tribe and a requirement under the Federal hazardous material transportation law, a regulation issued under the Federal hazardous material transportation law, or a hazardous material transportation security regulation or directive issued by the Secretary of Homeland Security; (2) The requirement of the State, political subdivision, or Indian tribe, as applied or enforced, is an obstacle to accomplishing and carrying out the Federal hazardous material transportation law, a regulation issued under the Federal hazardous material transportation law, or a hazardous material transportation security regulation or directive issued by the Secretary of Homeland Security. (3) It is preempted under 49 U.S.C. 5125 (c). (c) A State, political subdivision, or Indian tribe may impose a fee related to transporting hazardous material only if the fee is fair and used for a purpose related to transporting hazardous material, including enforcement and planning, developing and maintaining a capability for emergency response. (d) For purposes of this section, “substantively the same” means that the non-Federal requirement conforms in every significant respect to the Federal requirement. Editorial and other similar de minimis changes are permitted." 49:49:2.1.1.1.4.3.20.3,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.203 Application.,PHMSA,,,"[Amdt. 107-24, 56 FR 8622, Feb. 28, 1991, as amended by Amdt. 107-25, 57 FR 20428, May 13, 1992; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-38, 61 FR 21098, May 9, 1996; 68 FR 52847, Sept. 8, 2003; 71 FR 30067, May 25, 2006; 72 FR 55683, Oct. 1, 2007]","(a) With the exception of highway routing matters covered under 49 U.S.C. 5125(c), any person, including a State or political subdivision thereof or an Indian tribe, directly affected by any requirement of a State or political subdivision thereof or an Indian tribe, may apply to the Chief Counsel for a determination as to whether that requirement is preempted by § 107.202(a), (b), or (c). (b) Each application filed under this section for a determination must: (1) Be submitted to the Chief Counsel: (i) By mail addressed to the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHC-1, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001; (ii) By facsimile to 202-366-7041; or (iii) Electronically to the Chief Counsel at phmsachiefcounsel@dot.gov. (2) Set forth the text of the State or political subdivision or Indian tribe requirement for which the determination is sought; (3) Specify each requirement of the Federal hazardous materials transportation law, regulations issued under the Federal hazardous material transportation law, or hazardous material transportation security regulations or directives issued by the Secretary of Homeland Security with which the applicant seeks the State or political subdivision or Indian tribe requirement to be compared; (4) Explain why the applicant believes the State or political subdivision or Indian tribe requirement should or should not be preempted under the standards of § 107.202; and (5) State how the applicant is affected by the State or political subdivision or Indian tribe requirement. (c) The filing of an application for a determination under this section does not constitute grounds for noncompliance with any requirement of the Federal hazardous materials transportation law, regulations issued under the Federal hazardous material transportation law, or hazardous material transportation security regulations or directives issued by the Secretary of Homeland Security. (d) Once the Chief Counsel has published notice in the Federal Register of an application received under paragraph (a) of this section, no applicant for such determination may seek relief with respect to the same or substantially the same issue in any court until final action has been taken on the application or until 180 days after filing of the application, whichever occurs first. Nothing in § 107.203(a) prohibits a State or political subdivision thereof or Indian tribe, or any other person directly affected by any requirement of a State or political subdivision thereof or Indian tribe, from seeking a determination of preemption in any court of competent jurisdiction in lieu of applying to the Chief Counsel under paragraph (a) of this section." 49:49:2.1.1.1.4.3.20.4,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.205 Notice.,PHMSA,,,"[Amdt. 107-38, 61 FR 21098, May 9, 1996, as amended at 71 FR 30067, May 25, 2006]","(a) If the applicant is other than a State, political subdivision, or Indian tribe, the applicant shall mail a copy of the application to the State, political subdivision, or Indian tribe concerned accompanied by a statement that the State, political subdivision, or Indian tribe may submit comments regarding the application to the Chief Counsel. The application filed with the Chief Counsel must include a certification that the applicant has complied with this paragraph and must include the names and addresses of each State, political subdivision, or Indian tribe official to whom a copy of the application was sent. (b) The Chief Counsel will publish notice of, including an opportunity to comment on, an application in the Federal Register and may notify in writing any person readily identifiable as affected by the outcome of the determination. (c) Each person submitting written comments to the Chief Counsel with respect to an application filed under this section must send a copy of the comments to the applicant and certify to the Chief Counsel that he or she has complied with this requirement. The Chief Counsel may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond. Late-filed comments are considered so far as practicable." 49:49:2.1.1.1.4.3.20.5,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.207 Processing.,PHMSA,,,"[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 FR 8621, 8622, Feb. 28, 1991; Amdt. 107-38, 61 FR 21098, May 9, 1996; 71 FR 30067, May 25, 2006]","(a) The Chief Counsel may initiate an investigation of any statement in an application and utilize in his or her evaluation any relevant facts obtained by that investigation. The Chief Counsel may solicit and accept submissions from third persons relevant to an application and will provide the applicant an opportunity to respond to all third person submissions. In evaluating an application, the Chief Counsel may consider any other source of information. The Chief Counsel on his or her own initiative may convene a hearing or conference, if he or she considers that a hearing or conference will advance his or her evaluation of the application. (b) The Chief Counsel may dismiss the application without prejudice if: (1) He or she determines that there is insufficient information upon which to base a determination; or (2) He or she requests additional information from the applicant and it is not submitted." 49:49:2.1.1.1.4.3.20.6,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.209 Determination.,PHMSA,,,"[Amdt. 107-24, 56 FR 8623, Feb. 28, 1991, as amended by Amdt. 107-25, 57 FR 20428, May 13, 1992; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-38, 61 FR 21098, May 9, 1996; 68 FR 52847, Sept. 8, 2003; 71 FR 30067, May 25, 2006]","(a) Upon consideration of the application and other relevant information received, the Chief Counsel issues a determination. (b) The determination includes a written statement setting forth the relevant facts and the legal basis for the determination, and provides that any person aggrieved thereby may file a petition for reconsideration with the Chief Counsel. (c) The Chief Counsel provides a copy of the determination to the applicant and to any other person who substantially participated in the proceeding or requested in comments to the docket to be notified of the determination. A copy of each determination is placed on file in the public docket. The Chief Counsel will publish the determination or notice of the determination in the Federal Register, at which time the determination becomes a final agency action. (d) A determination issued under this section constitutes an administrative determination as to whether a particular requirement of a State or political subdivision or Indian tribe is preempted under the Federal hazardous materials transportation law. The fact that a determination has not been issued under this section with respect to a particular requirement of a State or political subdivision or Indian tribe carries no implication as to whether the requirement is preempted under the Federal hazardous materials transportation law." 49:49:2.1.1.1.4.3.20.7,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.211 Petition for reconsideration.,PHMSA,,,"[Amdt. 107-25, 57 FR 20428, May 13, 1992, as amended by Amdt. 107-38, 61 FR 21099, May 9, 1996; 71 FR 30067, May 25, 2006]","(a) Any person aggrieved by a determination issued under § 107.209 may file a petition for reconsideration. The petition must be filed with the Chief Counsel, in the same manner specified for filing an application in § 107.203(b), within 20 days of publication of the determination in the Federal Register. (b) The petition must contain a concise statement of the basis for seeking review, including any specific factual or legal error alleged. If the petition requests consideration of information that was not previously made available to the Chief Counsel, the petition must include the reasons why such information was not previously made available. (c) The petitioner shall mail a copy of the petition to each person who participated, either as an applicant or commenter, in the preemption determination proceeding, accompanied by a statement that the person may submit comments concerning the petition to the Chief Counsel within 20 days. The petition filed with the Chief Counsel must contain a certification that the petitioner has complied with this paragraph and include the names and addresses of all persons to whom a copy of the petition was sent. Late-filed comments are considered so far as practicable. (d) The Chief Counsel will publish the decision on the petition for reconsideration or notice of the decision in the Federal Register, at which time the decision on the petition for reconsideration becomes a final agency action." 49:49:2.1.1.1.4.3.20.8,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.213 Judicial review.,PHMSA,,,"[71 FR 30068, May 25, 2006]","A party to a proceeding under § 107.203(a) may seek review of a determination of the Chief Counsel by filing a petition, within 60 days after the determination becomes final, in the United States Court of Appeals for the District of Columbia or in the Court of Appeals for the United States for the circuit in which the person resides or has its principal place of business." 49:49:2.1.1.1.4.3.21.10,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.217 Notice.,PHMSA,,,"[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; Amdt. 107-25, 57 FR 20429, May 13, 1992; Amdt. 107-38, 61 FR 21099, May 9, 1996; 71 FR 30068, May 25, 2006]","(a) The applicant shall mail a copy of the application and any subsequent amendments or other documents relating to the application to each person who is reasonably ascertainable by the applicant as a person who will be affected by the determination sought. The copy of the application must be accompanied by a statement that the person may submit comments regarding the application within 45 days. The application must include a certification that the application has complied with this paragraph and must include the names and addresses of each person to whom the application was sent. (b) Notwithstanding the provisions of paragraph (a) of this section, if the State or political subdivision determines that compliance with paragraph (a) of this section would be impracticable, the applicant shall: (1) Comply with the requirements of paragraph (a) of this section with regard to those persons whom it is reasonable and practicable to notify; and (2) Include with the application a description of the persons or class or classes of persons to whom notice was not sent. (c) The Chief Counsel may require the applicant to provide notice in addition to that required by paragraphs (a) and (b) of this section, or may determine that the notice required by paragraph (a) of the section is not impracticable, or that notice should be published in the Federal Register. Late-filed comments are considered so far as practicable. (d) The Chief Counsel may notify any other persons who may be affected by the outcome of a determination on the application. (e) Any person submitting written comments with respect to an application filed under this section shall send a copy of the comments to the applicant. The person shall certify that he has complied with the requirements of this paragraph. The Chief Counsel may notify other persons participating in the proceeding of the comments and provide an opportunity for those other persons to respond." 49:49:2.1.1.1.4.3.21.11,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.219 Processing.,PHMSA,,,"[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-24, 56 FR 8621, 8623, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-38, 61 FR 21099, May 9, 1996; 65 FR 58618, Sept. 29, 2000; 68 FR 52847, Sept. 8, 2003; 69 FR 54044, Sept. 7, 2004; 71 FR 30068, May 25, 2006]","(a) The Chief Counsel may initiate an investigation of any statement in an application and utilize in his or her evaluation any relevant facts obtained by that investigation. The Chief Counsel may solicit and accept submissions from third persons relevant to an application and will provide the applicant an opportunity to respond to all third person submissions. In evaluating an application, the Chief Counsel on his or her own initiative may convene a hearing or conference, if he or she considers that a hearing or conference will advance his or her evaluation of the application. (b) The Chief Counsel may dismiss the application without prejudice if: (1) He or she determines that there is insufficient information upon which to base a determination; (2) Upon his or her request, additional information is not submitted by the applicant; or (3) The applicant fails to provide the notice required by § 107.217. (c) The Chief Counsel will only consider an application for waiver of preemption determination if— (1) The applicant State or political subdivision thereof or Indian tribe expressly acknowledges in its application that the State or political subdivision or Indian tribe requirement for which the determination is sought is inconsistent with the requirements of the Federal hazardous materials transportation law, regulations issued under the Federal hazardous material transportation law, or hazardous material transportation security regulations or directives issued by the Secretary of Homeland Security. (2) The State or political subdivision thereof or Indian tribe requirement has been determined by a court of competent jurisdiction or in a ruling issued under § 107.209 to be inconsistent with the requirements of the Federal hazardous materials transportation law, regulations issued under the Federal hazardous material transportation law, or hazardous material transportation security regulations or directives issued by the Secretary of Homeland Security. (d) When the Chief Counsel has received all substantive information it considers necessary to process an application for a waiver of preemption determination, it serves notice of that fact upon the applicant and all other persons who received notice of the proceeding pursuant to § 107.217. (e) To the extent possible, each application for a waiver of preemption determination will be acted upon in a manner consistent with the disposition of previous applications for waiver of preemption determinations." 49:49:2.1.1.1.4.3.21.12,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.221 Determination.,PHMSA,,,"[Amdt. 107-38, 61 FR 21099, May 9, 1996, as amended at 68 FR 52848, Sept. 8, 2003; 71 FR 30068, May 25, 2006]","(a) After considering the application and other relevant information received or obtained during the proceeding, the Chief Counsel issues a determination. (b) The Chief Counsel may issue a waiver of preemption only on finding that the requirement of the State or political subdivision thereof or Indian tribe affords the public a level of safety at least equal to that afforded by the requirements of the Federal hazardous material transportation law or the regulations issued thereunder and does not unreasonably burden commerce. In determining if the requirement of the State or political subdivision thereof or Indian tribe unreasonably burdens commerce, the Chief Counsel considers: (1) The extent to which increased costs and impairment of efficiency result from the requirement of the State or political subdivision thereof or Indian tribe. (2) Whether the requirement of the State or political subdivision thereof or Indian tribe has a rational basis. (3) Whether the requirement of the State or political subdivision thereof or Indian tribe achieves its stated purpose. (4) Whether there is need for uniformity with regard to the subject concerned and if so, whether the requirement of the State or political subdivision thereof or Indian tribe competes or conflicts with those of other States or political subdivisions thereof or Indian tribes. (c) The determination includes a written statement setting forth relevant facts and legal bases and providing that any person aggrieved by the determination may file a petition for reconsideration with the Chief Counsel. (d) The Chief Counsel provides a copy of the determination to the applicant and to any other person who substantially participated in the proceeding or requested in comments to the docket to be notified of the determination. A copy of the determination is placed on file in the public docket. The Chief Counsel will publish the determination or notice of the determination in the Federal Register, at which time the determination becomes a final agency action. (e) A determination under this section constitutes an administrative finding of whether a particular requirement of a State or political subdivision thereof or Indian tribe is preempted under the Federal hazardous materials transportation law, or whether preemption is waived." 49:49:2.1.1.1.4.3.21.13,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.223 Petition for reconsideration.,PHMSA,,,"[Amdt. 107-25, 57 FR 20429, May 13, 1992, as amended by Amdt. 107-38, 61 FR 21099, May 9, 1996; 71 FR 30068, May 25, 2006]","(a) Any person aggrieved by a determination under § 107.221 may file a petition for reconsideration. The petition must be filed with the Chief Counsel, in the same manner specified for filing an application in § 107.215(b), within 20 days of publication of the determination in the Federal Register. (b) The petition must contain a concise statement of the basis for seeking review, including any specific factual or legal error alleged. If the petition requests consideration of information that was not previously made available to the Chief Counsel, the petition must include the reasons why such information was not previously made available. (c) The petitioner shall mail a copy of the petition to each person who participated, either as an applicant or commenter, in the waiver of preemption proceeding, accompanied by a statement that the person may submit comments concerning the petition to the Chief Counsel within 20 days. The petition filed with the Chief Counsel must contain a certification that the petitioner has complied with this paragraph and include the names and addresses of all persons to whom a copy of the petition was sent. Late-filed comments are considered so far as practicable. (d) The Chief Counsel will publish the decision on the petition for reconsideration or notice of the decision in the Federal Register, at which time the decision on the petition for reconsideration becomes a final agency action." 49:49:2.1.1.1.4.3.21.14,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.227 Judicial review.,PHMSA,,,"[71 FR 30068, May 25, 2006]","A party to a proceeding under § 107.215(a) may seek review of a determination of the Chief Counsel by filing a petition, within 60 days after the determination becomes final, in the United States Court of Appeals for the District of Columbia or in the Court of Appeals for the United States for the circuit in which the person resides or has its principal place of business." 49:49:2.1.1.1.4.3.21.9,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,C,Subpart C—Preemption,,§ 107.215 Application.,PHMSA,,,"[Amdt. 107-3, 41 FR 38171, Sept. 9, 1976, as amended by Amdt. 107-22, 55 FR 39978, Oct. 1, 1990; Amdt. 107-24, 56 FR 8621, 8623, Feb. 28, 1991; 56 FR 15510, Apr. 17, 1991; Amdt. 107-23, 56 FR 66156, Dec. 20, 1991; Amdt. 107-25, 57 FR 20428, May 13, 1992; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-38, 61 FR 21099, May 9, 1996; 68 FR 52847, Sept. 8, 2003; 71 FR 30068, May 25, 2006; 72 FR 55683, Oct. 1, 2007]","(a) With the exception of requirements preempted under 49 U.S.C. 5125(c), a State or political subdivision thereof, or Indian tribe may apply to the Chief Counsel for a waiver of preemption with respect to any requirement that the State or political subdivision thereof or Indian tribe acknowledges to be preempted under the Federal hazardous materials transportation law, or that has been determined by a court of competent jurisdiction to be so preempted. The Chief Counsel may waive preemption with respect to such requirement upon a determination that such requirement— (1) Affords an equal or greater level of protection to the public than is afforded by the requirements of the Federal hazardous material transportation law or the regulations issued thereunder, and (2) Does not unreasonably burden commerce. (b) Each application filed under this section for a waiver of preemption determination must: (1) Be submitted to the Chief Counsel: (i) By mail addressed to the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHC-1, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001; (ii) By facsimile to 202-366-7041; or (iii) Electronically to the Chief Counsel at phmsachiefcounsel@dot.gov. (2) Set forth the text of the State or political subdivision requirement for which the determination is being sought; (3) Include a copy of any court order and any ruling issued under § 107.209 having a bearing on the application; (4) Contain an express acknowledgment by the applicant that the State, political subdivision, or Indian tribe requirement is preempted under Federal hazardous materials transportation law, unless it has been so determined by a court of competent jurisdiction or in a determination issued under § 107.209; (5) Specify each requirement of the Federal hazardous materials transportation law that preempts the State, political subdivision, or Indian tribe requirement; (6) State why the applicant believes the State, political subdivision or Indian tribe requirements affords an equal or greater level of protection to the public than is afforded by the requirements of the Federal hazardous material transportation law or the regulations issued thereunder; (7) State why the applicant believes the State, political subdivision or Indian tribe requirement does not unreasonably burden commerce; and (8) Specify what steps the State, political subdivision or Indian tribe is taking to administer and enforce effectively its inconsistent requirement." 49:49:2.1.1.1.4.4.22.1,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.301 Delegated authority for enforcement.,PHMSA,,,"[84 FR 6947, Feb. 28, 2019]","Under redelegation from the Administrator of the Pipeline and Hazardous Materials Safety Administration, the Associate Administrator for Hazardous Materials Safety and the Office of the Chief Counsel exercise their authority for enforcement of the Federal hazardous material transportation law, Federal Water Pollution Control Act, this subchapter, and subchapters B and C of this chapter, in accordance with § 1.97 of this title." 49:49:2.1.1.1.4.4.22.10,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.317 Informal response.,PHMSA,,,"[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-23, 56 FR 66157, Dec. 20, 1991; 66 FR 45377, Aug. 28, 2001]","(a) In responding to a notice of probable violation under § 107.311, the respondent may submit to the official who issued the notice, written explanations, information, or arguments in response to the allegations, the terms of a proposed compliance order, or the amount of the preliminarily assessed civil penalty. (b) The respondent may include in his informal response a request for a conference. Upon the request of the respondent, the conference may be either in person or by telephone. A request for a conference must set forth the issues the respondent will raise at the conference. (c) Upon receipt of a request for a conference under paragraph (b) of this section, the Chief Counsel's Office, in consultation with the Associate Administrator, arranges for a conference as soon as practicable at a time and place of mutual convenience. (d) The respondent's written explanations, information, and arguments as well as the respondent's presentation at a conference are considered by the Chief Counsel in reviewing the notice of probable violation. Based upon a review of the proceeding, the Chief Counsel may dismiss the notice of probable violation in whole or in part. If he does not dismiss it in whole, he issues an order directing compliance or assessing a civil penalty, or, if proposed in the notice, both." 49:49:2.1.1.1.4.4.22.11,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.319 Request for a hearing.,PHMSA,,,"[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 48 FR 17094, Apr. 21, 1983; Amdt. 107-19, 54 FR 22899, May 30, 1989]","(a) In responding to a notice of probable violation under § 107.311, the respondent may request a formal administrative hearing on the record before an Administrative Law Judge (ALJ) obtained by the Office of the Chief Counsel. (b) A request for a hearing under paragraph (a) of this section must: (1) State the name and address of the respondent and of the person submitting the request if different from the respondent; (2) State which allegations of violations, if any, are admitted; and (3) State generally the issues to be raised by the respondent at the hearing. Issues not raised in the request are not barred from presentation at the hearing; and (4) Be addressed to the official who issued the notice. (c) After a request for a hearing that complies with the requirements of paragraph (b) of this section, the Chief Counsel obtains an ALJ to preside over the hearing and notifies the respondent of this fact. Upon assignment of an ALJ, further matters in the proceeding generally are conducted by and through the ALJ, except that the Chief Counsel and respondent may compromise or settle the case under § 107.327 of this subpart without order of the ALJ or voluntarily dismiss the case under Rule 41(a)(1) of the Federal Rules of Civil Procedure without order of the ALJ; in the event of such a compromise, settlement or dismissal, the Chief Counsel expeditiously will notify the ALJ thereof. (d) At any time after requesting a formal administrative hearing but prior to the issuance of a decision and final order by the ALJ, the respondent may withdraw such request in writing, thereby terminating the jurisdication of the ALJ in the case. Such a withdrawal constitutes an irrevocable waiver of respondent's right to such a hearing on the facts, allegations, and proposed sanction presented in the notice of probable violation to which the request for hearing relates." 49:49:2.1.1.1.4.4.22.12,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.321 Hearing.,PHMSA,,,"[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 67 FR 61011, Sept. 27, 2002]","(a) To the extent practicable, the hearing is held in the general vicinity of the place where the alleged violation occurred or at a place convenient to the respondent. Testimony by witnesses shall be given under oath and the hearing shall be recorded verbatim. (b) Hearings are conducted in accordance with the Federal Rules of Evidence and Federal Rules of Civil Procedure; however, the ALJ may modify them as he determines necessary in the interest of a full development of the facts. In addition, the ALJ may: (1) Administer oaths and affirmations; (2) Issue subpoenas as provided by § 105.45; (3) Adopt procedures for the submission of motions, evidence, and other documents pertinent to the proceeding; (4) Take or cause depositions to be taken; (5) Rule on offers of proof and receive relevant evidence; (6) Examine witnesses at the hearing; (7) Convene, recess, reconvene, adjourn and otherwise regulate the course of the hearing; (8) Hold conferences for settlement, simplification of the issues, or any other proper purpose; and (9) Take any other action authorized by, or consistent with, the provisions of this subpart and permitted by law which may expedite the hearing or aid in the disposition of an issue raised therein. (c) The official who issued the notice of probable violation, or his representative, has the burden of proving the facts alleged therein. (d) The respondent may appear and be heard on his own behalf or through counsel of his choice. The respondent or his counsel may offer relevant information including testimony which he believes should be considered in opposition to the allegations or which may bear on the sanction being sought and conduct such cross-examination as may be required for a full disclosure of the facts." 49:49:2.1.1.1.4.4.22.13,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.323 ALJ's decision.,PHMSA,,,,"(a) After consideration of all matters of record in the proceeding, the ALJ shall issue an order dismissing the notice of probable violation in whole or in part or granting the sanction sought by the Office of Chief Counsel in the notice. If the ALJ does not dismiss the notice of probable violation in whole, he issues an order directing compliance or assessing a civil penalty, or, if proposed in the notice, both. The order includes a statement of the findings and conclusions, and the reasons therefore, on all material issues of fact, law, and discretion. (b) If, within 20 days of receipt of an order issued under paragraph (a) of this section, the respondent does not submit in writing his acceptance of the terms of an order directing compliance, or, where appropriate, pay a civil penalty, or file an appeal under § 107.325, the case may be referred to the Attorney General with a request that an action be brought in the appropriate United States District Court to enforce the terms of a compliance order or collect the civil penalty." 49:49:2.1.1.1.4.4.22.14,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.325 Appeals.,PHMSA,,,"[70 FR 56090, Sept. 23, 2005, as amended at 72 FR 55683, Oct. 1, 2007]","(a) Hearing proceedings. A party aggrieved by an ALJ's decision and order issued under § 107.323, may file a written appeal in accordance with paragraph (c) of this section with the Administrator, Office of the Administrator, Pipeline and Hazardous Materials Safety Administration, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. (b) Non-Hearing proceedings. A respondent aggrieved by an order issued under § 107.317, may file a written appeal in accordance with paragraph (c) of this section with the Administrator, Office of the Administrator, Pipeline and Hazardous Materials Safety Administration, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. (c) An appeal of an order issued under this subpart must: (1) Be filed within 20 days of receipt of the order by the appealing party; and (2) State with particularity the findings in the order that the appealing party challenges, and include all information and arguments pertinent thereto. (d) If the Administrator, PHMSA, affirms the order in whole or in part, the respondent must comply with the terms of the decision within 20 days of the respondent's receipt thereof, or within the time prescribed in the order. If the respondent does not comply with the terms of the decision within 20 days of receipt, or within the time prescribed in the order, the case may be referred to the Attorney General for action to enforce the terms of the decision. (e) The filing of an appeal stays the effectiveness of an order issued under § 107.317 or § 107.323. However, if the Administrator, PHMSA, determines that it is in the public interest, he may keep an order directing compliance in force pending appeal." 49:49:2.1.1.1.4.4.22.15,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.327 Compromise and settlement.,PHMSA,,,"[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 50 FR 45730, Nov. 1, 1985; Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; 56 FR 15510, Apr. 17, 1991; Amdt. 107-29, 58 FR 51527, Oct. 1, 1993; 66 FR 45377, Aug. 28, 2001]","(a) At any time before an order issued under § 107.317 or § 107.323 is referred to the Attorney General for enforcement, the respondent or the Office of Chief Counsel may propose a compromise as follows: (1) In civil penalty cases, the respondent or Chief Counsel may offer to compromise the amount of the penalty by submitting an offer for a specific amount to the other party. An offer of compromise by the respondent shall be submitted to the Chief Counsel who may, after consultation with the Associate Administrator, accept or reject it. (i) A compromise offer stays the running of any response period then outstanding. (ii) If a compromise is agreed to by the parties, the respondent is notified in writing. Upon receipt of payment by Office of Chief Counsel, the respondent is notified in writing that acceptance of payment is in full satisfaction of the civil penalty proposed or assessed, and Office of Chief Counsel closes the case with prejudice to the respondent. (iii) If a compromise cannot be agreed to, the respondent is notified in writing and is given 10 days or the amount of time remaining in the then outstanding response period, whichever is longer, to respond to whatever action was taken by the Office of Chief Counsel or the Administrator, PHMSA. (2) In compliance order cases, the respondent may propose a consent agreement to the Chief Counsel. If the Chief Counsel accepts the agreement, he issues an order in accordance with its terms. If the Chief Counsel rejects the agreement, he directs that the proceeding continue. An agreement submitted to the Chief Counsel must include: (i) A statement of any allegations of fact which the respondent challenges; (ii) The reasons why the terms of a compliance order or proposed compliance order are or would be too burdensome for the respondent, or why such terms are not supported by the record in the case; (iii) A proposed compliance order suitable for issuance by the Chief Counsel; (iv) An admission of all jurisdictional facts; and (v) An express waiver of further procedural steps and all right to seek judicial review or otherwise challenge or contest the validity of the order. (b) Notwithstanding paragraph (a)(1) of this section, the respondent or Office of Chief Counsel may propose to settle the case. If the Chief Counsel agrees to a settlement, the respondent is notified and the case is closed without prejudice to the respondent." 49:49:2.1.1.1.4.4.22.16,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.329 Maximum penalties.,PHMSA,,,"[89 FR 106293, Dec. 30, 2024]","(a) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of this chapter, or a special permit or approval issued under this subchapter applicable to the transportation of hazardous materials or the causing of them to be transported or shipped is liable for a civil penalty of not more than $102,348 for each violation, except the maximum civil penalty is $238,809 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $617 for violations relating to training. When the violation is a continuing one, each day of the violation constitutes a separate offense. (b) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of this chapter, or a special permit or approval issued under this subchapter applicable to the design, manufacture, fabrication, inspection, marking, maintenance, reconditioning, repair or testing of a package, container, or packaging component which is represented, marked, certified, or sold by that person as qualified for use in the transportation of hazardous materials in commerce is liable for a civil penalty of not more than $102,348 for each violation, except the maximum civil penalty is $238,809 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $617 for violations relating to training." 49:49:2.1.1.1.4.4.22.17,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.331 Assessment considerations.,PHMSA,,,"[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-30, 58 FR 50500, Sept. 27, 1993; Amdt. 107-38, 61 FR 21100, May 9, 1996]","After finding a knowing violation under this subpart, the Office of Chief Counsel assesses a civil penalty taking the following into account: (a) The nature and circumstances of the violation; (b) The extent and gravity of the violation; (c) The degree of the respondent's culpability; (d) The respondent's prior violations; (e) The respondent's ability to pay; (f) The effect on the respondent's ability to continue in business; and (g) Such other matters as justice may require." 49:49:2.1.1.1.4.4.22.2,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.303 Purpose and scope.,PHMSA,,,"[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-15, 51 FR 34986, Oct. 1, 1986; Amdt. 107-24, 56 FR 8621, Feb. 28, 1991]",This subchapter describes the various enforcement authorities exercised by the Associate Administrator for Hazardous Materials Safety and the Office of Chief Counsel and the associated sanctions and prescribes the procedures governing the exercise of those authorities and the imposition of those sanctions. 49:49:2.1.1.1.4.4.22.3,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.305 Investigations.,PHMSA,,,"[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-38, 61 FR 21099, May 9, 1996; 66 FR 45377, Aug. 28, 2001; 67 FR 61011, Sept. 27, 2002; 73 FR 4711, Jan. 28, 2008; 76 FR 56311, Sept. 13, 2011; 84 FR 6947, Feb. 28, 2019]","(a) General. In accordance with its delegated authority under part 1 of this title, the Associate Administrator may initiate investigations relating to compliance by any person with any provisions of this subchapter, subchapter B of this chapter, or subchapter C of this chapter, or any special permit, approval, response plan, or order issued thereunder, or any court decree relating thereto. The Associate Administrator encourages voluntary production of documents in accordance with and subject to § 105.45 of this subchapter, and hearings may be conducted, and depositions taken pursuant to 49 U.S.C. 5121(a). The Associate Administrator may conduct investigative conferences and hearings in the course of any investigation. (b) Investigations and Inspections. Investigations under 49 U.S.C. 5121(a) are conducted by personnel duly authorized for that purpose by the Associate Administrator. Inspections under 49 U.S.C. 5121(c) are conducted by Hazardous Materials Enforcement Specialists or Hazardous Materials Compliance Investigators, also known as “hazmat investigators” or “investigators,” whom the Associate Administrator has designated for that purpose. (1) An investigator will, on request, present his or her credentials for examination, but the credentials may not be reproduced. (2) An investigator may administer oaths and receive affirmations in any matter under investigation by the Associate Administrator. (3) An investigator may gather information by reasonable means including, but not limited to, interviews, statements, photocopying, photography, and video- and audio-recording. (4) With concurrence of the Director, Field Operations, Pipeline and Hazardous Materials Safety Administration, an investigator may issue a subpoena for the production of documentary or other tangible evidence if, on the basis of information available to the investigator, the documents and evidence materially will advance a determination of compliance with this subchapter or subchapter C. Service of a subpoena shall be in accordance with § 105.50. A person to whom a subpoena is directed may seek review of the subpoena by applying to the Office of Chief Counsel in accordance with § 105.55(a). A subpoena issued under this paragraph may be enforced in accordance with § 105.55(b). (c) Notification. Any person who is the subject of an Associate Administrator investigation and who is requested to furnish information or documentary evidence is notified as to the general purpose for which the information or evidence is sought. (d) Termination. When the facts disclosed by an investigation indicate that further action is unnecessary or unwarranted at that time, the person being investigated is notified and the investigative file is closed without prejudice to further investigation by the Associate Administrator. (e) Confidentiality. Information received in an investigation under this section, including the identity of the person investigated and any other person who provides information during the investigation, shall remain confidential under the investigatory file exception, or other appropriate exception, to the public disclosure requirements of 5 U.S.C. 552." 49:49:2.1.1.1.4.4.22.4,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.307 General.,PHMSA,,,"[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-36, 61 FR 7183, Feb. 26, 1996; 66 FR 45377, Aug. 28, 2001; 70 FR 73162, Dec. 9, 2005]","(a) When the Associate Administrator and the Office of Chief Counsel have reason to believe that a person is knowingly engaging or has knowingly engaged in conduct which is a violation of the Federal hazardous material transportation law or any provision of this subchapter or subchapter C of this chapter, or any exemption, special permit, or order issued thereunder, for which the Associate Administrator or the Office of Chief Counsel exercise enforcement authority, they may— (1) Issue a warning letter, as provided in § 107.309; (2) Initiate proceedings to assess a civil penalty, as provided in either § 107.310 or § 107.311; (3) Issue an order directing compliance, regardless of whether a warning letter has been issued or a civil penalty assessed; and (4) Seek any other remedy available under the Federal hazardous material transportation law. (b) In the case of a proceeding initiated for failure to comply with an exemption or special permit, the allegation of a violation of a term or condition thereof is considered by the Associate Administrator and the Office of Chief Counsel to constitute an allegation that the special permit holder or party to the special permit is failing, or has failed to comply with the underlying regulations from which relief was granted by the special permit." 49:49:2.1.1.1.4.4.22.5,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.309 Warning letters.,PHMSA,,,"[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-15, 51 FR 34986, Oct. 1, 1986; Amdt. 107-24, 56 FR 8621, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-36, 61 FR 7183, Feb. 26, 1996; 66 FR 45377, Aug. 28, 2001; 84 FR 6947, Feb. 28, 2019]","(a) The Associate Administrator may issue a warning letter to any person whom the Associate Administrator believes to have committed a probable violation of the Federal hazardous material transportation law, the Federal Water Pollution Control Act, or any provision of this subchapter, subchapter B of this chapter, subchapter C of this chapter, or any special permit issued thereunder. (b) A warning letter issued under this section includes: (1) A statement of the facts upon which the Associate Administrator bases its determination that the person has committed a probable violation; (2) A statement that the recurrence of the probable violations cited may subject the person to enforcement action; and (3) An opportunity to respond to the warning letter by submitting pertinent information or explanations concerning the probable violations cited therein." 49:49:2.1.1.1.4.4.22.6,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.310 Ticketing.,PHMSA,,,"[Amdt. 107-36, 61 FR 7183, Feb. 26, 1996, as amended at 66 FR 45377, Aug. 28, 2001]","(a) For an alleged violation that does not have a direct or substantial impact on safety, the Associate Administrator may issue a ticket. (b) The Associate Administrator issues a ticket by mailing it by certified or registered mail to the person alleged to have committed the violation. The ticket includes: (1) A statement of the facts on which the Associate Administrator bases the conclusion that the person has committed the alleged violation; (2) The maximum penalty provided for by statute, the proposed full penalty determined according to PHMSA's civil penalty guidelines and the statutory criteria for penalty assessment, and the ticket penalty amount; and (3) A statement that within 45 days of receipt of the ticket, the person must pay the penalty in accordance with paragraph (d) of this section, make an informal response under § 107.317, or request a formal administrative hearing under § 107.319. (c) If the person makes an informal response or requests a formal administrative hearing, the Associate Administrator forwards the inspection report, ticket and response to the Office of the Chief Counsel for processing under §§ 107.307-107.339, except that the Office of the Chief Counsel will not issue a Notice of Probable Violation under § 107.311. The Office of the Chief Counsel may impose a civil penalty that does not exceed the proposed full penalty set forth in the ticket. (d) Payment of the ticket penalty amount must be made in accordance with the instructions on the ticket. (e) If within 45 days of receiving the ticket the person does not pay the ticket amount, make an informal response, or request a formal administrative hearing, the person has waived the right to make an informal response or request a hearing, has admitted the violation and owes the ticket penalty amount to PHMSA." 49:49:2.1.1.1.4.4.22.7,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.311 Notice of probable violation.,PHMSA,,,"[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended at 50 FR 45730, Nov. 1, 1985; Amdt. 107-24, 56 FR 8624, Feb. 28, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-35, 60 FR 49108, Sept. 21, 1995; Amdt. 107-36, 61 FR 7184, Feb. 26, 1996; 84 FR 6947, Feb. 28, 2019]","(a) The Office of Chief Counsel may serve a notice of probable violation on a person alleging the violation of one or more provisions of the Federal hazardous material transportation law, the Federal Water Pollution Control Act, or any provision of this subchapter, subchapter B of this chapter, or subchapter C of this chapter, or any special permit, response plan, or order issued thereunder. (b) A notice of probable violation issued under this section includes the following information: (1) A citation of the provisions of the Federal hazardous material transportation law, Federal Water Pollution Control Act, an order issued thereunder, this subchapter, subchapter B of this chapter, subchapter C of this chapter, or the terms of any special permit issued thereunder which the Office of Chief Counsel believes the respondent is violating or has violated. (2) A statement of the factual allegations upon which the demand for remedial action, a civil penalty, or both, is based. (3) A statement of the respondent's right to present written or oral explanations, information, and arguments in answer to the allegations and in mitigation of the sanction sought in the notice of probable violation. (4) A statement of the respondent's right to request a hearing and the procedures for requesting a hearing. (5) In addition, in the case of a notice of probable violation proposing a compliance order, a statement of the proposed actions to be taken by the respondent to achieve compliance. (6) In addition, in the case of a notice of probable violation proposing a civil penalty: (i) A statement of the maximum civil penalty for which the respondent may be liable; (ii) The amount of the preliminary civil penalty being sought by the Office of Chief Counsel, constitutes the maximum amount the Chief Counsel may seek throughout the proceeding; and (iii) A description of the manner in which the respondent makes payment of any money due the United States as a result of the proceeding. (c) The Office of Chief Counsel may amend a notice of probable violation at any time before issuance of a compliance order or an order assessing a civil penalty. If the Office of Chief Counsel alleges any new material facts or seeks new or additional remedial action or an increase in the amount of the proposed civil penalty, it issues a new notice of probable violation under this section." 49:49:2.1.1.1.4.4.22.8,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.313 Reply.,PHMSA,,,,"(a) Within 30 days of receipt of a notice of probable violation, the respondent must either: (1) Admit the violation under § 107.315; (2) Make an informal response under § 107.317; or (3) Request a hearing under § 107.319. (b) Failure of the respondent to file a reply as provided in this section constitutes a waiver of the respondent's right to appear and contest the allegations and authorizes the Chief Counsel, without further notice to the respondent, to find the facts to be as alleged in the notice of probable violation and issue an order directing compliance or assess a civil penalty, or, if proposed in the notice, both. Failure to request a hearing under paragraph (a)(3) of this section constitutes a waiver of the respondent's right to a hearing. (c) Upon the request of the respondent, the Office of Chief Counsel may, for good cause shown and filed within the 30 days prescribed in the notice of probable violation, extend the 30-day response period." 49:49:2.1.1.1.4.4.22.9,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.315 Admission of violations.,PHMSA,,,"[Amdt. 107-11, 48 FR 265l, Jan. 20, 1983, as amended by Amdt. 107-23, 57 FR 45453, Oct. 1, 1992; Amdt. 107-29, 58 FR 51527, Oct. 1, 1993; Amdt. 107-38, 61 FR 21100, May 9, 1996; 68 FR 52848, Sept. 8, 2003]","(a) In responding to a notice of probable violation issued under § 107.311, the respondent may admit the alleged violations and agree to accept the terms of a proposed compliance order or to pay the amount of the preliminarily assessed civil penalty, or, if proposed in the notice, both. (b) If the respondent agrees to the terms of a proposed compliance order, the Chief Counsel issues a final order prescribing the remedial action to be taken by the respondent. (c) Payment of a civil penalty, when the amount of the penalty exceeds $10,000, must be made by wire transfer, through the Federal Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed instructions on making payments by wire transfer may be obtained from the Financial Operations Division (AMZ-120), Federal Aviation Administration, Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK 73125. (d) Payment of a civil penalty, when the amount of the penalty is $10,000 or less, must be made either by wire transfer, as set forth in paragraph (c) of this section, or certified check or money order payable to “U.S. Department of Transportation” and submitted to the Financial Operations Division (AMZ-120), Federal Aviation Administration, Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK 73125." 49:49:2.1.1.1.4.4.23.18,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.333 Criminal penalties generally.,PHMSA,,,"[71 FR 8487, Feb. 17, 2006]","A person who knowingly violates § 171.2(l) of this title or willfully or recklessly violates a requirement of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued thereunder shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both, except the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material which results in death or bodily injury to any person." 49:49:2.1.1.1.4.4.23.19,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.335 Criminal referrals.,PHMSA,,,"[87 FR 28780, May 11, 2022]","(a) If a PHMSA employee becomes aware of any actual or possible activity subject to criminal penalties under § 107.333, the employee must report it to the Office of Chief Counsel, Pipeline and Hazardous Materials Safety Administration, and to the employee's supervisor. The Chief Counsel may refer the report to the Associate Administrator to investigate. If appropriate, the Chief Counsel shall refer the report to the Office of Inspector General, or other law enforcement as appropriate (with notification to the Office of Inspector General as soon as possible). (b) A PHMSA employee also has the option of making a direct referral to the Office of Inspector General (OIG), either by directly contacting an OIG investigator, or via the OIG hotline at (800) 424-9071, at https://www.oig.dot.gov/hotline, by email at hotline@oig.dot.gov, or by mail to the Office of Inspector General, 1200 New Jersey Ave. SE, West Bldg. 7th Floor, Washington, DC 20590." 49:49:2.1.1.1.4.4.23.20,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.336 Limitation on fines and penalties.,PHMSA,,,"[Amdt. 107-24, 56 FR 8624, Feb. 28, 1991]","If a State or political subdivision or Indian tribe assesses any fine or penalty determined by the Secretary to be appropriate for a violation concerning a subject listed in § 107.202(a), no additional fine or penalty may be assessed for such violation by any other authority." 49:49:2.1.1.1.4.4.24.21,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.337 Injunctions generally.,PHMSA,,,"[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-32, 59 FR 49131, Sept. 26, 1994]","Whenever it appears to the Office of Chief Counsel that a person has engaged, or is engaged, or is about to engage in any act or practice constituting a violation of any provision of the Federal hazardous material transportation law, this subchapter, subchapter C of this chapter, or any special permit, or order issued thereunder, for which the Office of Chief Counsel exercises enforcement responsibility, the Administrator, PHMSA, or his delegate, may request the Attorney General to bring an action in the appropriate United States District Court for such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages as provided by 49 U.S.C. 5122(a)." 49:49:2.1.1.1.4.4.24.22,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.338 Prohibition of hazardous materials operations.,PHMSA,,,"[79 FR 46199, Aug. 7, 2014]","As provided for in subpart E of part 109 of this subchapter, a person who fails to pay a civil penalty in accordance with agreed upon installments or in full within prescribed time lines, is prohibited from conducting hazardous materials operations and shall immediately cease all hazardous materials operations." 49:49:2.1.1.1.4.4.24.23,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,D,Subpart D—Enforcement,,§ 107.339 Imminent hazards.,PHMSA,,,"[Amdt. 107-11, 48 FR 2651, Jan. 20, 1983, as amended by Amdt. 107-15, 51 FR 34987, Oct. 1, 1986; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994]","Whenever it appears to the Office of the Chief Counsel that there is a substantial likelihood that death, serious illness, or severe personal injury will result from the transportation of a particular hazardous material or hazardous materials container, before a compliance order proceeding or other administrative hearing or formal proceeding to abate the risk of that harm can be completed, the Administrator, PHMSA, or his delegate, may bring an action under 49 U.S.C. 5122(b) in the appropriate United States District Court for an order suspending or restricting the transporation of that hazardous material or those containers or for such other equitable relief as is necessary or appropriate to ameliorate the hazard." 49:49:2.1.1.1.4.5.25.1,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,E,Subpart E—Designation of Approval and Certification Agencies,,§ 107.401 Purpose and scope.,PHMSA,,,"[78 FR 42473, July 16, 2013]","(a) This subpart establishes procedures for the designation of agencies to issue certificates and certifications for types of packagings designed, manufactured, tested, or maintained in conformance with the requirements of this subchapter, subchapter C of this chapter, and standards set forth in the United Nations (U.N.) Recommendations (Transport of Dangerous Goods), and for lighters, portable tanks, multi-element gas containers, and Division 1.4G consumer fireworks in conformance with the requirements of this subchapter. Except for certifications of compliance with U.N. packaging standards, this subpart does not apply unless made applicable by a rule in subchapter C of this chapter. (b) The Associate Administrator may issue approval certificates and certifications addressed in paragraph (a) of this section." 49:49:2.1.1.1.4.5.25.2,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,E,Subpart E—Designation of Approval and Certification Agencies,,§ 107.402 Application for designation as a certification agency.,PHMSA,,,"[78 FR 42473, July 16, 2013, as amended at 78 FR 60750, Oct. 2, 2013; 81 FR 35512, June 2, 2016; 85 FR 75704, Nov. 25, 2020]","(a) Any organization or person seeking to be approved as a certification agency must apply in writing to the Associate Administrator for Hazardous Materials Safety (PHH-32), Department of Transportation, East Building, 1200 New Jersey Avenue SE., Washington DC 20590-0001. Alternatively, the application in an appropriate format may be submitted by facsimile (fax) to: (202) 366-3753 or (202) 366-3308 or by electronic mail (email) to: approvals@dot.gov. Each application must be signed and certified to be correct by the applicant or, if the applicant is an organization, by an authorized officer or official representative of the organization. Any false statement or representation, or the knowing and willful concealment of a material fact, may subject the applicant to prosecution under the provisions of 18 U.S.C. 1001, and result in the denial or termination of a designation. (b) Each application for approval as a certification agency must be in English and include the following information: (1) Information required by the provisions in subpart H of this part; (2) Name and address of the applicant, including place of incorporation if a corporation. In addition, if the applicant is not a resident of the United States, the name and address of a permanent resident of the United States designated in accordance with § 105.40 of this subchapter to serve as agent for service of process. A person approved as a certification agency is not a PHMSA agent or representative; (3) A statement acknowledging that the Associate Administrator or a designated official may inspect, on demand, its records and facilities in so far as they relate to the certification activities and will cooperate in the conduct of such inspections; and (4) Any additional information relevant to the applicant's qualifications, upon request of the Associate Administrator or a designated official. (c) UN Third-Party Packaging Certification Agency. In addition to the requirements in paragraph (b) of this section, the application must include the following information: (1) A listing, by DOT specification (or special permit) number, or U.N. designation, of the types of packagings for which certification authority is sought; (2) A statement showing proof that the applicant has: (i) The ability to review and evaluate design drawings, design and stress calculations; (ii) The knowledge of the applicable regulations of subchapter C of this chapter and, when applicable, U.N. standards; (iii) The ability to conduct or monitor and evaluate test procedures and results; and (iv) The ability to review and evaluate the qualifications of materials and fabrication procedures. (3) A statement that the applicant will perform its functions independent of the manufacturers and owners of the packagings concerned. (4) If the applicant's principal place of business is in a country other than the United States, a copy of the designation from the Competent Authority of that country delegating to the applicant an approval or designated agency authority for the type of packaging for which a DOT designation is sought, and a statement that the Competent Authority also delegates similar authority to U.S. Citizens or organizations having designations under this subpart from PHMSA. (d) Fireworks Certification Agency. Prior to reviewing, and certifying Division 1.4G consumer fireworks (UN0336) for compliance with the APA 87-1A, excluding appendices II through VI, (IBR, see § 171.7 of this chapter) as specified in part 173 of this chapter, a person must apply to, and be approved by, the Associate Administrator to act as a Fireworks Certification Agency. (1) Fireworks Certification Agency applicant requirements. The Fireworks Certification Agency applicant must— (i) Be a U.S. resident, or for a non-U.S. resident, have a designated U.S. agent representative as specified in § 105.40 of this subchapter; (ii) Employ personnel with work experience in manufacturing or testing of fireworks or explosives; or a combination of work experience in manufacturing or testing of fireworks or explosives and a degree in the physical sciences or engineering from an accredited university; (iii) Have the ability to: (A) Review design drawings, and applications to certify that they are in accordance with the APA Standard 87-1; and (B) Verify that the applicant has certified the thermal stability test procedures and results. (iv) Must be independent of and not owned by any consumer fireworks manufacturer, distributor, import or export company, or proprietorship. (2) Fireworks Certification Agency application submittal requirements. In addition to the requirements of paragraphs (b) and (d)(1) of this section, the Fireworks Certification Agency application must include— (i) Name, address, and country of each facility where Division 1.4G consumer fireworks applications are reviewed and certified; (ii) A detailed description of the qualifications of each individual the applicant proposes to employ to review, and certify that the requirements specified by part 173 of this chapter and the APA Standard 87-1 have been met; (iii) Written operating procedures to be used by the Fireworks Certification Agency to review and certify that a Division 1.4G consumer fireworks application meets the requirements specified in the APA Standard 87-1; (iv) Name, address, and principal business activity of each person having any direct or indirect interest in the applicant greater than three percent and any direct or indirect ownership interest in each subsidiary or division of the applicant; and (v) A statement that the applicant will perform its functions independent of the manufacturers, transporters, importers, and owners of the fireworks. (e) Lighter certification agency. Prior to examining and testing lighters (UN1057) for certification of compliance with the requirements of § 173.308 of this chapter a person must submit an application to, and be approved by, the Associate Administrator to act as a lighter certification agency. In addition to paragraph (b) of this section, the application must include the following information: (1) The name and address of each facility where lighters are examined and tested; (2) A detailed description of the applicant's qualifications and ability to, examine and test lighters and certify that the requirements specified by § 173.308 of this chapter have been met; and (3) A statement that the agency is independent of and not owned by a lighter manufacturer, distributor, import or export company, or proprietorship. (f) Portable tank and MEGC certification agencies. Prior to inspecting portable tanks or multi-element gas containers (MEGCs) for certification of compliance with the requirements of §§ 178.273 and 178.74 of this chapter, respectively, a person must submit an application to, and be approved by, the Associate Administrator to act as a certification agency. In addition to paragraph (b) of this section, the application must provide the following information: (1) The name and address of each facility where the portable tank or MEGC, as applicable, is examined and tested; (2) A detailed description of the applicant's qualifications and ability to examine and test portable tanks or MEGCs, as applicable, and certify that the requirements specified by § 178.273 of this chapter for the approval of UN portable tanks, or § 178.74 of this chapter for the approval of MEGCs have been met; and (3) A statement indicating that the agency is independent of and not owned by a portable tank or MEGC manufacturer, owner, or distributor." 49:49:2.1.1.1.4.5.25.3,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,E,Subpart E—Designation of Approval and Certification Agencies,,§ 107.403 Designation of certification agencies.,PHMSA,,,"[Amdt. 107-13, 50 FR 10062, Mar. 13, 1985, as amended by Amdt. 107-23, 56 FR 66157, Dec. 20, 1991; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; 66 FR 45377, Aug. 28, 2001; 78 FR 42474, July 16, 2013]","(a) If the Associate Administrator determines that an application contains all the required information, the applicant is sent a letter of designation and assigned an identification code. (b) If the Associate Administrator determines that an application does not contain all the required information, the application is denied and the applicant is sent a written notice containing all the reasons for the denial. (c) Within 30 days of an initial denial of an application under paragraph (b) of this section, the applicant may file an amended application. If the application is denied by the Associate Administrator of Hazardous Materials Safety, the applicant may, within 20 days of receipt of the decision, request reconsideration by the Associate Administrator as set forth in § 107.715. If the reconsideration is denied by the Associate Administrator, the applicant may appeal the Associate Administrator's decision, within 30 days of the Associate Administrator's decision, to the Administrator of PHMSA, as specified in § 107.717. (d) The Associate Administrator may modify, suspend, or terminate an approval submitted under this subpart as set forth in § 107.713." 49:49:2.1.1.1.4.5.25.4,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,E,Subpart E—Designation of Approval and Certification Agencies,,§ 107.404 Conditions of designation.,PHMSA,,,"[Amdt. 107-13, 50 FR 10062, Mar. 13, 1985, as amended by Amdt. 107-23, 56 FR 66157, Dec. 20, 1991; 66 FR 45377, Aug. 28, 2001]","(a) Each designation made under this subpart contains the following conditions: (1) The designated approval or certification agency may use only testing equipment that it has determined, through personal inspection, to be suitable for the purpose. (2) Each approval certificate and certification issued by the designated approval agency must contain the name and identification code of the approval agency. (3) Each approval certificate and certification must be in a format acceptable to the Associate Administrator. (b) The designated approval agency shall notify the Associate Administrator within 20 days after the date there is any change in the information submitted under § 107.402. (c) The designated approval agency shall comply with all of the terms and conditions stated in its letter of designation under the subpart. (d) Nothing in this part relieves a manufacturer or owner of a packaging of responsibility for compliance with any of the applicable requirements of this title." 49:49:2.1.1.1.4.5.25.5,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,E,Subpart E—Designation of Approval and Certification Agencies,,§ 107.405 [Reserved],PHMSA,,,, 49:49:2.1.1.1.4.6.25.1,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,F,"Subpart F—Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers, Assemblers, Repairers, Inspectors, Testers, and Design Certifying Engineers",,§ 107.501 Scope.,PHMSA,,,"[Amdt. 107-20, 55 FR 37047, Sept. 7, 1990]","(a) This subpart establishes a registration procedure for persons who are engaged in the manufacture, assembly, inspection and testing, certification, or repair of a cargo tank or a cargo tank motor vehicle manufactured in accordance with a DOT specification under subchapter C of this chapter or under terms of a special permit issued under this part. (b) Persons engaged in continuing qualification and maintenance of cargo tanks and cargo tank motor vehicles must be familiar with the requirements set forth in part 180, subpart E, of this chapter." 49:49:2.1.1.1.4.6.25.2,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,F,"Subpart F—Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers, Assemblers, Repairers, Inspectors, Testers, and Design Certifying Engineers",,§ 107.502 General registration requirements.,PHMSA,,,"[Amdt. 107-20, 54 FR 25003, June 12, 1989; 55 FR 37047, Sept. 7, 1990, as amended by Amdt. 107-22, 55 FR 39978, Oct. 1, 1990; Amdt. 107-23, 56 FR 66157, Dec. 20, 1991; Amdt. 107-28, 58 FR 46873, Sept. 3, 1993; Amdt. 107-39, 61 FR 51337, Oct. 1, 1996; 67 FR 61011, Sept. 27, 2002; 68 FR 19273, Apr. 18, 2003; 72 FR 55683, Oct. 1, 2007; 82 FR 15832, Mar. 30, 2017; 87 FR 79765, Dec. 27, 2022; 91 FR 1446, Jan. 16, 2026]","(a) Definitions: For purposes of this subpart— (1) Assembly means the performance of any of the following functions when the function does not involve welding on the cargo tank wall: (i) The mounting of one or more tanks or cargo tanks on a motor vehicle or to a motor vehicle suspension component; (ii) The installation of equipment or components necessary to meet the specification requirements prior to the certification of the cargo tank motor vehicle; or (iii) The installation of linings, coatings, or other materials to the inside of a cargo tank wall. (2) The terms Authorized Inspector, Cargo tank, Cargo tank motor vehicle, Design Certifying Engineer, Registered Inspector, and Person are defined in § 171.8 of this chapter. (3) The terms cargo tank wall and manufacturer are defined in § 178.320(a), and repair is defined in § 180.403 of this chapter. (b) No person may engage in the manufacture, assembly, certification, inspection or repair of a cargo tank or cargo tank motor vehicle manufactured under the terms of a DOT specification under subchapter C of this chapter or a special permit issued under this part unless the person is registered with the Department in accordance with the provisions of this subpart. A person employed as an inspector or design certifying engineer is considered to be registered if the person's employer is registered. The requirements of this paragraph (b) do not apply to a person engaged in the repair of a DOT specification cargo tank used in the transportation of hazardous materials in the United States in accordance with § 180.413(a)(1)(iii) of this chapter. (c) A person who performs functions which are subject to the provisions of this subpart may perform only those functions which have been identified to the Department in accordance with the procedures of this subpart. (d) Persons registering with the Department may submit their registration statement and all of the information required by this subpart, in English, electronically at https://portal.fmcsa.dot.gov/UrsRegistrationWizard/, or in hard copy form to: FMCSA Hazardous Materials Division—MC-ECH, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. (e) Upon determination that a registration statement contains all the information required by this subpart, the Department will send the registrant a letter confirming receipt of the registration application and assigning a registration number to that person. A separate registration number will be assigned for each cargo tank manufacturing, assembly, repair facility or other place of business identified by the registrant." 49:49:2.1.1.1.4.6.25.3,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,F,"Subpart F—Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers, Assemblers, Repairers, Inspectors, Testers, and Design Certifying Engineers",,§ 107.503 Registration statement.,PHMSA,,,"[Amdt. 107-20, 54 FR 25003, June 12, 1989; 55 FR 37047, Sept. 7, 1990; 57 FR 365, Jan. 6, 1992; Amdt. 107-32, 59 FR 49131, Sept. 26, 1994; Amdt. 107-39, 61 FR 51337, Oct. 1, 1996; 63 FR 52846, Oct. 1, 1998; 68 FR 19273, Apr. 18, 2003]","(a) Each registration statement must be in English and contain the following information: (1) Name; (2) Street address, mailing address and telephone number for each facility or place of business; (3) A statement indicating whether the facility uses mobile testing/inspection equipment to perform inspections, tests, or repairs at a location other than the address listed in paragraph (a)(2) of this section. (4) A statement signed by the person responsible for compliance with the applicable requirements of this chapter, certifying knowledge of those requirements and that each employee who is a Registered Inspector or Design Certifying Engineer meets the minimum qualification requirements set forth in § 171.8 of this chapter for “Registered Inspector” or “Design Certifying Engineer”. The following language may be used. I certify that all Registered Inspectors and Design Certifying Engineers used in performance of the prescribed functions meet the minimum qualification requirements set forth in 49 CFR 171.8, that I am the person responsible for ensuring compliance with the applicable requirements of this chapter, and that I have knowledge of the requirements applicable to the functions to be performed. I certify that all Registered Inspectors and Design Certifying Engineers used in performance of the prescribed functions meet the minimum qualification requirements set forth in 49 CFR 171.8, that I am the person responsible for ensuring compliance with the applicable requirements of this chapter, and that I have knowledge of the requirements applicable to the functions to be performed. (5) A description of the specific functions to be performed on cargo tanks or cargo tank motor vehicles, e.g.: (i) Manufacture, (ii) Assembly, (iii) Inspection and testing (specify type, e.g., external or internal visual inspection, lining inspection, hydrostatic pressure test, leakage test, thickness test), (iv) Certification, (v) Repair, or (vi) Equipment manufacture; (6) An identification of the types of DOT specification and special permit cargo tanks or cargo tank motor vehicles which the registrant intends to manufacture, assemble, repair, inspect, test or certify; (7) A statement indicating whether the registrant employs Registered Inspectors or Design Certifying Engineers to conduct certification, inspection or testing functions addressed by this subpart. If the registrant engages a person who is not an employee of the registrant to perform these functions, provide the name, address and registration number of that person; and (8) If the registrant is not a resident of the United States, the name and address of a permanent resident of the United States designated in accordance with § 105.40 to serve as agent for service of process. (b) In addition to the information required under paragraph (a) of this section, each person who manufactures a cargo tank or cargo tank motor vehicle must submit a copy of the manufacturer's current ASME Certificate of Authorization for the use of the ASME “U” stamp. (c) In addition to the information required under paragraph (a) of this section, each person who repairs a cargo tank or cargo tank motor vehicle must submit a copy of the repair facility's current National Board Certificate of Authorization for the use of the “R” stamp or ASME Certificate of Authorization for the use of the ASME “U” stamp. Any person who repairs MC-series cargo tanks which are not certified to the ASME Code must submit a copy of the National Board or ASME Certificate of Authorization to PHMSA before June 30, 1992." 49:49:2.1.1.1.4.6.25.4,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,F,"Subpart F—Registration of Cargo Tank and Cargo Tank Motor Vehicle Manufacturers, Assemblers, Repairers, Inspectors, Testers, and Design Certifying Engineers",,"§ 107.504 Period of registration, updates, and record retention.",PHMSA,,,"[Amdt. 107-20, 54 FR 25003, June 12, 1989; 55 FR 37048, Sept. 7, 1990, as amended by Amdt. 107-20, 56 FR 27875, June 17, 1991; Amdt. 107-37, 61 FR 18931, Apr. 29, 1996; 71 FR 54390, Sept. 14, 2006]","(a) Registration will be for a maximum of six years from the date of the original registration. (b) Any correspondence with the Department must contain the registrant's name and registration number. (c) A registration must be renewed every six years or within thirty days of reissuance of an ASME or National Board Certification, whichever occurs first, by submitting an up-to-date registration statement containing the information prescribed by § 107.503. Any person initially registered under the provisions of § 107.502 and who is in good standing is eligible for renewal. (d) A registrant shall provide written notification to the Department within thirty days of any of the following occurrences: (1) Any change in the registration information submitted under § 107.503; (2) Replacement of the person responsible for compliance with the requirements in § 107.503(a)(4). If this occurs, the registrant shall resubmit the required certification; (3) Loss of ASME or National Board Certificate of Authorization; or (4) A change in function; such as, from assembly to manufacture, an addition of a function, or a change to the types of inspections, tests or certifications of cargo tanks or cargo tank motor vehicles. (e) Each registrant shall maintain a current copy of the registration information submitted to the Department and a current copy of the registration number identification received from the Department at the location identified in § 107.503(a)(2) during such time the person is registered with the Department and for two years thereafter. (f) The issuance of a registration number under this subpart is not an approval or endorsement by the Department of the qualifications of any person to perform the specified functions." 49:49:2.1.1.1.4.7.25.1,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,G,Subpart G—Registration of Persons Who Offer or Transport Hazardous Materials,,§ 107.601 Applicability.,PHMSA,,,"[65 FR 7309, Feb. 14, 2000, as amended at 67 FR 61011, Sept. 27, 2002]","(a) The registration and fee requirements of this subpart apply to any person who offers for transportation, or transports, in foreign, interstate or intrastate commerce— (1) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in § 173.403 of this chapter; (2) More than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 (explosive) material (see § 173.50 of this chapter) in a motor vehicle, rail car or freight container; (3) More than one L (1.06 quarts) per package of a material extremely toxic by inhalation ( i.e., “material poisonous by inhalation,” as defined in § 171.8 of this chapter, that meets the criteria for “hazard zone A,” as specified in § 173.116(a) or § 173.133(a) of this chapter); (4) A shipment of a quantity of hazardous materials in a bulk packaging (see § 171.8 of this chapter) having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids; (5) A shipment in other than a bulk packaging of 2,268 kg (5,000 pounds) gross weight or more of one class of hazardous materials for which placarding of a vehicle, rail car, or freight container is required for that class, under the provisions of subpart F of part 172 of this chapter; or (6) Except as provided in paragraph (b) of this section, a quantity of hazardous material that requires placarding, under provisions of subpart F of part 172 of this chapter. (b) Paragraph (a)(6) of this section does not apply to those activities of a farmer, as defined in § 171.8 of this chapter, that are in direct support of the farmer's farming operations. (c) In this subpart, the term “shipment” means the offering or loading of hazardous material at one loading facility using one transport vehicle, or the transport of that transport vehicle." 49:49:2.1.1.1.4.7.25.2,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,G,Subpart G—Registration of Persons Who Offer or Transport Hazardous Materials,,§ 107.606 Exceptions.,PHMSA,,,"[Amdt. 107-34, 60 FR 27233, May 23, 1995, as amended at 63 FR 52847, Oct. 1, 1998; 72 FR 24538, May 3, 2007]","(a) The following are excepted from the requirements of this subpart: (1) An agency of the Federal government. (2) A State agency. (3) An agency of a political subdivision of a State. (4) An Indian tribe. (5) An employee of any of those entities in paragraphs (a)(1) through (a)(4) of this section with respect to the employee's official duties. (6) A hazmat employee (including, for purposes of this subpart, the owner-operator of a motor vehicle that transports in commerce hazardous materials, if that vehicle at the time of those activities, is leased to a registered motor carrier under a 30-day or longer lease as prescribed in 49 CFR part 376 or an equivalent contractual agreement). (7) A person domiciled outside the United States, who offers solely from a location outside the United States, hazardous materials for transportation in commerce, provided that the country of which such a person is a domiciliary does not require persons domiciled in the United States, who solely offer hazardous materials for transportation to the foreign country from places in the United States, to file a registration statement or to pay a registration fee. (b) Upon making a determination that persons domiciled in the United States, who offer hazardous materials for transportation to a foreign country solely from places in the United States, must file registration statements or pay fees to that foreign country, the U.S. Competent Authority will provide notice of such determination directly to the Competent Authority of that foreign country and by publication in the Federal Register. Persons who offer hazardous materials for transportation to the United States from that foreign country must file a registration statement and pay the required fee no later than 60 days following publication of the determination in the Federal Register." 49:49:2.1.1.1.4.7.25.3,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,G,Subpart G—Registration of Persons Who Offer or Transport Hazardous Materials,,§ 107.608 General registration requirements.,PHMSA,,,"[Amdt. 107-26, 57 FR 30630, July 9, 1992, as amended by Amdt. 107-31, 59 FR 32932, June 27, 1994; 65 FR 7309, Feb. 14, 2000; 67 FR 61011, Sept. 27, 2002; 70 FR 56090, Sept. 23, 2005; 72 FR 55683, Oct. 1, 2007; 76 FR 56311, Sept. 13, 2011]","(a) Each person subject to this subpart must submit a complete and accurate registration statement on DOT Form F 5800.2 not later than June 30 for each registration year, or in time to comply with paragraph (b) of this section, whichever is later. Each registration year begins on July 1 and ends on June 30 of the following year. (b) No person required to file a registration statement may transport a hazardous material or cause a hazardous material to be transported or shipped, unless such person has on file, in accordance with § 107.620, a current Certificate of Registration in accordance with the requirements of this subpart. (c) A registrant whose name or principal place of business has changed during the year of registration must notify PHMSA of that change by submitting an amended registration statement not later than 30 days after the change. (d) Copies of DOT Form F 5800.2 and instructions for its completion may be obtained from the Outreach, Training and Grants Division, PHH-50, U.S. Department of Transportation, Washington, DC 20590-0001, by calling 202-366-4109, or via the Internet at http://phmsa.dot.gov/hazmat/registration. (e) If the registrant is not a resident of the United States, the registrant must attach to the registration statement the name and address of a permanent resident of the United States, designated in accordance with § 105.40, to serve as agent for service of process." 49:49:2.1.1.1.4.7.25.4,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,G,Subpart G—Registration of Persons Who Offer or Transport Hazardous Materials,,§ 107.612 Amount of fee.,PHMSA,,,"[78 FR 23506, Apr. 19, 2013]","(a) For purposes of determining the applicable annual registration fee specified in paragraph (b) of this section, the following classification applies to each person required to register and pay a registration fee: (1) Small business. A person that qualifies as a small business, under criteria specified in 13 CFR part 121 applicable to the North American Industry Classification System (NAICS) code that describes that person's primary commercial activity. (2) Not-for-profit organization. An organization exempt from taxation under 26 U.S.C. 501(a). (3) Other than a small business or not-for-profit organization. Each person that does not meet the criteria specified in paragraph (a)(1) or (a)(2) of this section. (b) Each person subject to the requirements of this subpart must pay the processing fee specified in paragraph (c) of this section and the annual registration fee set forth in the following table: 1 Fee appropriate for small or other than small business. (c) Each person submitting a registration statement must pay the following processing fee in addition to the registration fees specified in paragraph (b) of this section: (1) For registration years 2000-2001 and later, the processing fee is $25 for each registration statement filed. A single statement may be filed for one, two, or three registration years as provided in § 107.616(c). (2) For registration years 1999-2000 and earlier, the processing fee is $50 for each registration statement filed. A separate statement must be filed for each registration year." 49:49:2.1.1.1.4.7.25.5,49,Transportation,I,A,107,PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES,G,Subpart G—Registration of Persons Who Offer or Transport Hazardous Materials,,§ 107.616 Payment procedures.,PHMSA,,,"[Amdt. 107-26, 57 FR 30630, July 9, 1992, as amended by Amdt. 107-26, 58 FR 12545, Mar. 5, 1993; 65 FR 7310, Feb. 14, 2000; 67 FR 58345, Sept. 16, 2002; 68 FR 1346, Jan. 9, 2003; 71 FR 54390, Sept. 14, 2006; 72 FR 24538, May 3, 2007; 76 FR 56311, Sept. 13, 2011; 84 FR 3999, Feb. 14, 2019]","(a) Each person subject to the requirements of this subpart must mail the registration statement and payment in full to the U.S. Department of Transportation—Hazardous Materials, P.O. Box 6200-01, Portland, OR 97228-6200, or submit the statement and payment electronically through the Department's e-Commerce internet site. Access to this service is provided at https://www.phmsa.dot.gov/hazmat/registration . A registrant required to file an amended registration statement under § 107.608(c) of this subpart must mail it to the same address or submit it through the same internet site. (b) Payment must be made by certified check, cashier's check, personal check, or money order in U.S. funds and drawn on a U.S. bank, payable to the U.S. Department of Transportation and identified as payment for the “Hazmat Registration Fee,” or by completing an authorization for payment by credit card or other electronic means of payment acceptable to the Department on the registration statement or as part of an Internet registration as provided in paragraph (a) of this section. (c) Payment must correspond to the total fees properly calculated in the “Amount Due” block of the DOT form F 5800.2. A person may elect to register and pay the required fees for up to three registration years by filing one complete and accurate registration statement."