49 CFR Part 105 — Hazardous Materials Program Definitions and General Procedures

PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97. 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 A—Definitions § 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 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 Associate Administrator Competent Authority Competent Authority Approval (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 et seq. File Filed Hazardous material Hazardous Materials Regulations HMR Indian tribe Person (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 Preemption determination Regulations issued under Federal hazardous material transportation law Special permit et seq. State Transports Transportation Waiver of Preemption [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] Subpart B—General Procedures § 105.15 Defined terms used in this subpart. 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 [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. (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. et seq., (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. [70 FR 56087, Sept. 23, 2005, as amended at 72 FR 55682, Oct. 1, 2007; 76 FR 56310, Sept. 13, 2011] § 105.25 Reviewing public documents. 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. 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 (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 (3) Applications for preemption determinations and waiver of preemption determinations received by PHMSA after February 1, 1997. Also available are public comments, Federal Register (b) Office of Pipeline and Hazardous Materials Safety Administration's Office of Hazardous Materials Safety. e.g. 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. [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] § 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 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. § 105.30 Information made available to the public and request for confidential treatment. 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. (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. [67 FR 42951, June 25, 2002, as amended at 70 FR 73159, Dec. 9, 2005] Serving Documents § 105.35 Serving documents in PHMSA proceedings. (a) Service by PHMSA. (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. (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. [67 FR 42951, June 25, 2002, as amended at 72 FR 55682, Oct. 1, 2007; 76 FR 460, Jan. 5, 2011] § 105.40 Designated agents for non-residents. (a) General requirement. (b) Agents. (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. (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 approvals@dot.gov (e) Designations are binding. [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] Subpoenas § 105.45 Issuing a subpoena. (a) Subpoenas explained. (b) Attendance and mileage expenses. (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. § 105.50 Serving a subpoena. (a) Personal service. (b) Service by mail. (c) Other methods. (d) Filing after service. § 105.55 Refusal to obey a subpoena. (a) Quashing or modifying a subpoena. (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.

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