What does 49 CFR 107.113 (Application processing and evaluation) require?

Short answer

49 CFR 107.113 requires the Associate Administrator to review an application for a special permit, modification, or renewal, and determine if it is complete and conforms to the requirements of the subpart. The Associate Administrator may request additional information, conduct an on-site review, or grant or deny the application.

The rule says

"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." (49 CFR 107.113(a))

"If an application is determined to be incomplete, the Associate Administrator may reject the application." (49 CFR 107.113(a))

"The Associate Administrator may grant or deny an application, in whole or in part." (49 CFR 107.113(e))

In plain English

This regulation outlines the process for reviewing and evaluating applications for special permits, modifications, or renewals. The Associate Administrator must ensure that the application is complete and meets the requirements of the subpart. If the application is incomplete, it may be rejected. The Associate Administrator has the discretion to grant or deny the application, and may impose additional provisions to protect health, safety, or property. In practice, this means that applicants must carefully prepare their applications to ensure they meet all the necessary requirements, and be prepared to provide additional information or cooperate with on-site reviews as needed.

What to do

• Ensure that all applications for special permits, modifications, or renewals are complete and conform to the requirements of the subpart.
• Be prepared to provide additional information or cooperate with on-site reviews as requested by the Associate Administrator.
• Carefully review the application to ensure it meets all the necessary requirements before submission.
• Be aware that the Associate Administrator has the discretion to grant or deny the application, and may impose additional provisions to protect health, safety, or property.