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CODE OF FEDERAL
REGULATIONS
Title 49
Part 107
AUTHENTICATE
US GOVERNMENT
INFORMATTON
GPO
9
CODE OF FEDERAL
REGULATIONS
Title 49
Transportation
Parts 100 to 177
Revised as of October 1, 2012
Containing a codification of documents
of general applicability and future effect
As of October 1, 2012
Published by the Office of the Federal Register
National Archives and Records Administration
as a Special Edition of the Federal Register
Pipeline and Hazardous Materials Safety Admin., DOT Pt. 107
(3) If we decide to grant your appeal, PREEMPTION DETERMINATIONS
we may schedule further proceedings 107.203 Application.
and an opportunity to comment. 107.205 Notice.
(4) PHMSA will notify you, in writ- 107.207 Processing.
ing, of the action on your appeal with- 107.209 Determination.
in 90 days after the date that PHMSA 107.211 Petition for reconsideration.
published the final rule or withdrawal 107.213 Judicial review.
of notice of proposed rulemaking at WAIVEROFPREEMPTIONDETERMINATIONS
issue in the FEDERAL REGISTER. If we 107.215 Application.
do not issue a decision on your appeal 107.217 Notice.
within the 90-day period and we antici- 107.219 Processing.
pate a substantial delay, we will notify 107.221 Determination.
you directly about the delay and will 107.223 Petition for reconsideration.
give you an expected decision date. We 107.227 Judicial review.
will also publish a notice of the delay Subpart D—Enforcement
in the FEDERAL REGISTER.
(b) Appeal of a decision. (1) We will 107.301 Delegated authority for enforce-
not consider your appeal if it merely ment.
repeats arguments that PHMSA has 107.303 Purpose and scope.
previously rejected. 107.305 Investigations.
(2) PHMSA will notify you, in writ- COMPLIANCE ORDERS AND CIVIL PENALTIES
ing, of the action on your appeal with-
in 90 days after the date that PHMSA 107.307 General.
served you with written notice of its 107.309 Warning letters.
decision on your petition for rule- 107.310 Ticketing.
making. If we do not issue a decision 107.311 Notice of probable violation.
107.313 Reply.
on your appeal within the 90-day pe- 107.315 Admission of violations.
riod, and we anticipate a substantial 107.317 Informal response.
delay, we will notify you directly about 107.319 Request for a hearing.
the delay and will give you an expected 107.321 Hearing.
decision date. 107.323 ALJ’s decision.
107.325 Appeals.
107.327 Compromise and settlement.
PART 107—HAZARDOUS MATERIALS 107.329 Maximum penalties.
PROGRAM PROCEDURES 107.331 Assessment considerations.
Subpart A—Definitions CRIMINAL PENALTIES
107.333 Criminal penalties generally.
Sec. 107.335 Referral for prosecution.
107.1 Definitions. 107.336 Limitation on fines and penalties.
Subpart B—Special Permits INJUNCTIVE ACTION
107.101 Purpose and scope. 107.337 Injunctions generally.
107.105 Application for special permit. 107.339 Imminent hazards.
107.107 Application for party status. APPENDIX A TO SUBPART D OF PART 107—
107.109 Application for renewal. GUIDELINES FOR CIVIL PENALTIES
107.111 Withdrawal. Subpart E—Designation of Approval and
107.113 Application processing and evalua- Certification Agencies
tion.
107.117 Emergency processing. 107.401 Purpose and scope.
107.121 Modification, suspension or termi- 107.402 Application for designation as an ap-
nation of special permit or grant of party proval or certification agency.
status. 107.403 Designation of approval agencies.
107.123 Reconsideration. 107.404 Conditions of designation.
107.125 Appeal. 107.405 Termination of designation.
107.127 Availability of documents for public
inspection. Subpart F—Registration of Cargo Tank and
Subpart C—Preemption Cargo Tank Motor Vehicle Manufac-
turers, Assemblers, Repairers, Inspec-
107.201 Purpose and scope. tors, Testers, and Design Certifying En-
107.202 Standards for determining preemp- gineers
tion.
107.501 Scope.
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§107.1 49 CFR Ch. I (10–1–12 Edition)
107.502 General registration requirements. (2) Having the knowledge that a rea-
107.503 Registration statement. sonable person acting in the same cir-
107.504 Period of registration, updates, and cumstances and exercising due care
record retention. would have had.
Subpart G—Registration of Persons Who Administrator means the Adminis-
Offer or Transport Hazardous Materials trator, Pipeline and Hazardous Mate-
rials Safety Administration or his or
107.601 Applicability. her delegate.
107.606 Exceptions. Applicant means the person in whose
107.608 General registration requirements. name a special permit, approval, reg-
107.612 Amount of fee. istration, a renewed or modified special
107.616 Payment procedures. permit or approval, or party status to a
107.620 Recordkeeping requirements.
special permit is requested to be
Subpart H—Approvals, Registrations and issued.
Submissions Application means a request under
107.701 Purpose and scope. subpart B of this part for a special per-
107.705 Registrations, reports, and applica- mit, a renewal or modification of a spe-
tions for approval. cial permit, party status to a special
107.709 Processing of an application for ap- permit, or a request under subpart H of
proval, including an application for re- this part for an approval, or renewal or
newal or modification. modification of an approval.
107.711 Withdrawal. Approval means written consent, in-
107.713 Approval modification, suspension cluding a competent authority ap-
or termination. proval, from the Associate Adminis-
107.715 Reconsideration. trator or other designated Department
107.717 Appeal. official, to perform a function that re-
Subpart I—Approval of Independent In- quires prior consent under subchapter
spection Agencies, Cylinder Requali- C of this chapter (49 CFR parts 171
fiers, and Non-domestic Chemical through 180).
Analyses and Tests of DOT Specifica- Approval Agency means an organiza-
tion Cylinders tion or a person designated by the
PHMSA to certify packagings as hav-
107.801 Purpose and scope. ing been designed, manufactured, test-
107.803 Approval of an independent inspec- ed, modified, marked or maintained in
tion agency (IIA). compliance with applicable DOT regu-
107.805 Approval of cylinder and pressure re- lations.
ceptacle requalifiers.
107.807 Approval of non-domestic chemical Associate Administrator means the As-
analyses and tests. sociate Administrator for Hazardous
107.809 Conditions of UN pressure receptacle Materials Safety, Pipeline and Haz-
approvals. ardous Materials Safety Administra-
AUTHORITY: 49 U.S.C. 5101–5128, 44701; Pub. tion.
L. 101–410 section 4 (28 U.S.C. 2461 note); Pub. Competent Authority means a national
L. 104–121 sections 212–213; Pub. L. 104–134 agency that is responsible, under its
section 31001; 49 CFR 1.45, 1.53. national law, for the control or regula-
EDITORIAL NOTE: Nomenclature changes to tion of some aspect of hazardous mate-
part 107 appear at 67 FR 61011, Sept. 27, 2002, rials (dangerous goods) transportation.
70 FR 56089, Sept. 23, 2005, and 70 FR 73159, Another term for Competent Authority
Dec. 9, 2005. is ‘‘Appropriate authority,’’ which is
Subpart A—Definitions used in the International Civil Avia-
tion Organization’s (ICAO) Technical
§107.1 Definitions. Instructions for the Safe Transport of
Dangerous Goods by Air. The Associate
All terms defined in 49 U.S.C. 5102 are Administrator is the United States
used in their statutory meaning. Other Competent Authority for purposes of
terms used in this part are defined as this part 107.
follows: Competent Authority Approval means
Acting knowingly means acting or an approval by the competent author-
failing to act while ity that is required under an inter-
(1) Having actual knowledge of the national standard (for example, the
facts giving rise to the violation, or
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