DOT 49 CFR PART 105-2010 HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES.pdf

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1、7 SUBCHAPTER AHAZARDOUS MATERIALS AND OIL TRANSPORTATION PART 105HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES Subpart ADefinitions Sec. 105.5 Definitions. Subpart BGeneral Procedures 105.15 Defined terms used in this subpart. OBTAINING GUIDANCE AND PUBLIC INFORMATION 105.20 Guidanc

2、e and interpretations. 105.25 Reviewing public documents. 105.26 Obtaining records on file with PHMSA. 105.30 Information made available to the public and request for confidential treat-ment. SERVING DOCUMENTS 105.35 Serving documents in PHMSA pro-ceedings. 105.40 Designated agents for non-residents

3、. SUBPOENAS 105.45 Issuing a subpoena. 105.50 Serving a subpoena. 105.55 Refusal to obey a subpoena. AUTHORITY: 49 U.S.C. 51015127; 49 CFR 1.53. SOURCE: 67 FR 42951, June 25, 2002, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 105 appear at 70 FR 56087, Sept. 23, 2005. Subpart

4、 ADefinitions 105.5 Definitions. (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 Haz-ardous Materials Safety Administra-tion (PHMSA or we) will identify the defined

5、 terms that are used within the subpartby listing themand 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 de-fined as follows: Associate Administrator means

6、 Asso-ciate Administrator for Hazardous Ma-terials Safety, Pipeline and Hazardous Materials Safety Administration. Approval means written consent, in-cluding a competent authority ap-proval, from the Associate Adminis-trator or other designated Department official, to perform a function that re-quir

7、es prior consent under subchapter C of this chapter (49 CFR parts 171 through 180). Competent Authority means a national agency that is responsible, under its national law, for the control or regula-tion of some aspect of hazardous mate-rials (dangerous goods) transportation. Another term for Compet

8、ent Authority is Appropriate authority which is used in the International Civil Avia-tion Organizations (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 Auth

9、ority Approval means an approval by the competent author-ity that is required under an inter-national 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 fol-lowing may be considered

10、a competent authority approval if it satisfies the re-quirement of an international stand-ard: (1) A specific regulation in sub-chapter 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 th

11、e Associate Ad-ministrator. Federal hazardous material transpor-tation law means 49 U.S.C. 5101 et seq. File or Filed means received by the appropriate PHMSA or other des-ignated office within the time specified in a regulation or rulemaking docu-ment. VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 P

12、O 00000 Frm 00017 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-8 49 CFR Ch. I (10110 Edition) 105.5 Hazardous material means a substance or material that the Secretary of Transportation has det

13、ermined is capa-ble of posing an unreasonable risk to health, safety, and property when transported in commerce, and has des-ignated as hazardous under section 5103 of Federal hazardous materials trans-portation law (49 U.S.C. 5103). The term includes hazardous substances, haz-ardous wastes, marine

14、pollutants, ele-vated temperature materials, mate-rials 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 me

15、ans the regulations at 49 CFR parts 171 through 180. Indian tribe has the same meaning given that term in section 4 of the In-dian Self-Determination and Education Assistance Act (25 U.S.C. 450b). Person means an individual, firm, co-partnership, corporation, company, as-sociation, or joint-stock as

16、sociation (including any trustee, receiver, as-signee, or similar representative); or a government or Indian tribe (or an agency or instrumentality of any gov-ernment or Indian tribe) that trans-ports a hazardous material to further a commercial enterprise or offers a haz-ardous material for transpo

17、rtation 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 pur-poses of 49 U.S.C. 5123 (civil penalties) and 5124 (criminal penalties). (3) Any government or Indian tribe (or an agency or inst

18、rumentality of any government or Indian tribe) that transports hazardous material for a governmental purpose. Political subdivision means a munici-pality; a public agency or other instru-mentality of one or more States, mu-nicipalities, or other political body of a State; or a public corporation, bo

19、ard, or commission established under the laws of one or more States. Preemption determination means an administrative decision by the Asso-ciate Administrator that Federal haz-ardous materials law does or does not void a specific State, political subdivi-sion, or Indian tribe requirement. Regulation

20、s issued under Federal haz-ardous material transportation law in-clude this subchapter A (parts 105110) and subchapter C (parts 171180) 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 S

21、afety Administration) and XII (Trans-portation 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 under the authority of 49 U.S.C. 5117 permitting a person to perform a func-tion

22、 that is not otherwise permitted under subchapter A or C of this chap-ter, or other regulations issued under 49 U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing require-ments). The terms special permit and exemption have the same mean-ing for purposes of subchapter A or C of this chap

23、ter or other regulations issued under 49 U.S.C. 5101 through 5127. An exemption issued prior to October 1, 2005 remains valid until it is past its expiration date, terminated by the As-sociate Administrator, or is issued as a special permit, whichever occurs first. State means a State of the United

24、States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mar-iana Islands, the Virgin Islands, Amer-ican Samoa, Guam, or any other terri-tory or possession of the United States designated by the Secretary. Transports or Transportation means the movement of

25、property and loading, unloading, or storage incidental to the movement. Waiver of Preemption means a decision by the Associate Administrator to fore-go preemption of a non-Federal re-quirementthat is, to allow a State, political subdivision or Indian tribe re-quirement to remain in effect. The non-F

26、ederal requirement must provide at least as much public protection as the Federal hazardous materials trans-portation law and the regulations VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00018 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo reprodu

27、ction or networking permitted without license from IHS-,-,-9 Pipeline and Hazardous Materials Safety Admin., DOT 105.25 issued under Federal hazardous mate-rials transportation law, and may not unreasonably burden commerce. 67 FR 42951, June 25, 2002, as amended at 68 FR 52846, Sept. 8, 2003; 70 FR

28、56087, Sept. 23, 2005; 70 FR 73158, Dec. 9, 2005 Subpart BGeneral Procedures 105.15 Defined terms used in this subpart. The following defined terms (see sub-part A of this part) appear in this sub-part: Approval; Federal hazardous ma-terial transportation law; Hazardous material; Hazardous materials

29、 regula-tions; Indian tribe; Preemption deter-mination; Special permit; State; Transportation; Waiver of preemption 67 FR 42951, June 25, 2002, as amended at 70 FR 73159, Dec. 9, 2005 OBTAINING GUIDANCE AND PUBLIC INFORMATION 105.20 Guidance and interpretations. (a) Hazardous materials regulations.

30、You can obtain information and an-swers to your questions on compliance with the hazardous materials regula-tions (49 CFR parts 171 through 180) and interpretations of those regulations by contacting PHMSAs Office of Haz-ardous Materials Safety as follows: (1) Call the Hazardous Materials In-formati

31、on Center at 18004674922 (in Washington, DC, call (202) 3664488). The Center is staffed from 9 a.m. through 5 p.m. Eastern time, Monday through Friday except Federal holi-days. After hours, you can leave a re-corded message and your call will be returned by the next business day. (2) E-mail the Haza

32、rdous Materials Information Center at infocntrdot.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 num-ber, to: Office of Hazardous Materials Standards, Pipeline and Hazardous Ma-t

33、erials Safety Administration, Attn: PHH10, U.S. Department of Transpor-tation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590 0001. (b) Federal hazardous materials trans-portation law and preemption. You can obtain information and answers to your questions on Federal hazardous mate

34、rials transportation law, 49 U.S.C. 5101 et seq., and Federal preemption of State, local, and Indian tribe hazardous material transportation requirements, by contacting PHMSAs Office of the Chief Counsel as follows: (1) Call the office of the Chief Coun-sel at (202) 3664400 from 9 a.m. to 5 p.m. Eas

35、tern time, Monday through Friday except Federal holidays. (2) Access information from the Of-fice of the Chief Counsel via the Inter-net at http:/www.phmsa.dot.gov. (3) Send a letter, with your return address and a daytime telephone num-ber, to: Office of the Chief Counsel, Pipeline and Hazardous Ma

36、terials Safe-ty Administration, Attn: PHC10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 205900001. (4) Contact the Office of the Chief Counsel for a copy of applications for preemption determinations, waiver of preemption determinations, and incon-s

37、istency rulings received by PHMSA before February 1, 1997. 70 FR 56087, Sept. 23, 2005, as amended at 72 FR 55682, Oct. 1, 2007 105.25 Reviewing public documents. PHMSA is required by statute to make certain documents and informa-tion available to the public. You can review and copy publicly availab

38、le doc-uments and information at the loca-tions described in this section. (a) DOT Docket Management System. Unless a particular document says oth-erwise, the following documents are available for public review and copying at the Department of Transportations Docket Management System, West Building

39、Ground Floor, Room W12140, 1200 New Jersey Avenue, SE., Wash-ington, DC 205900001, or for review and downloading through the Internet at http:/www.regulations.gov. (1) Rulemaking documents in pro-ceedings started after February 1, 1997, including notices of proposed rule-making, advance notices of p

40、roposed rulemaking, public comments, related FEDERAL REGISTER notices, final rules, appeals, and PHMSAs decisions in re-sponse to appeals. VerDate Mar2010 15:30 Dec 30, 2010 Jkt 220213 PO 00000 Frm 00019 Fmt 8010 Sfmt 8010 Q:49X49220213.XXX ofr150 PsN: PC150Provided by IHSNot for ResaleNo reproducti

41、on or networking permitted without license from IHS-,-,-10 49 CFR Ch. I (10110 Edition) 105.26 (2) Applications for special permits numbered DOTE or DOTSP 11832 and above. Also available are supporting data, memoranda of any informal meetings with applicants, related FED-ERAL REGISTER notices, publi

42、c com-ments, and decisions granting or deny-ing applications for special permits. (3) Applications for preemption de-terminations and waiver of preemption determinations received by PHMSA after February 1, 1997. Also available are public comments, FEDERAL REG-ISTER notices, and PHMSAs rulings, deter

43、minations, decisions on reconsid-eration, and orders issued in response to those applications. (b) Office of Pipeline and Hazardous Materials Safety Administrations Office of Hazardous Materials Safety. (1) You may obtain documents (e.g., proposed and final rules, notices, letters of clari-fication,

44、 safety notices, DOT forms and other documents) by contacting the Hazardous Materials Information Cen-ter at 18004674922 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

45、part 107 and PHMSAs decisions issued in response to those appeals. (ii) Records of compliance order pro-ceedings and PHMSA compliance or-ders. (iii) Applications for approvals, in-cluding supporting data, memoranda of any informal meetings with applicants, and decisions granting or denying ap-proval

46、s applications. (iv) Applications for special permits numbered below DOTE or DOTSP 11832 and related background informa-tion are available for public review and copying at the Office of Hazardous Ma-terials Safety, Office of Hazardous Ma-terials Special Permits and Approvals, U.S. Department of Tran

47、sportation, PHH30, East Building, 1200 New Jersey Avenue, SE., Washington, DC 20590 0001. (v) Other information about PHMSAs hazardous materials program required by statute to be made avail-able to the public for review and copy-ing and any other information PHMSA decides should be available to the

48、pub-lic. (3) Your written request to review documents should include the fol-lowing: (i) A detailed description of the docu-ments you wish to review. (ii) Your name, address, and tele-phone number. (4) Send your written request to: As-sociate Administrator for Hazardous Materials Safety, Pipeline an

49、d Haz-ardous Materials Safety Administra-tion, Attn: PHH1, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE., Washington, DC 205900001. 70 FR 56088, Sept. 23, 2005, as amended at 70 FR 73159, Dec. 9, 2005; 72 FR 55682, Oct. 1, 2007 105.26 Obtaining records on file with PHMSA. To obtain records on file with PHMSA, other than those described in 105.25, you must file a request wi