What does 49 CFR 107.117 (Emergency processing) require?

Short answer

49 CFR 107.117 requires emergency processing of an application if the Associate Administrator finds that it is necessary to prevent significant injury to persons or property, for immediate national security purposes, or for other specified reasons. The application must conform to § 107.105 to the extent necessary to process it.

The rule says

"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" (49 CFR 107.117(a))

"Emergency processing is necessary for immediate national security purposes" (49 CFR 107.117(a))

"Emergency processing is necessary" (49 CFR 107.117(a))

In plain English

Emergency processing under 49 CFR 107.117 is a way to expedite an application when there's a risk of significant injury to people or property, a national security concern, or another urgent reason. The Associate Administrator reviews the application and decides whether to grant emergency processing. If approved, the application must still meet some requirements of § 107.105. This process helps ensure safety and security in hazardous materials transportation while allowing for flexibility in urgent situations.

What to do

• Submit an application for emergency processing to the Department modal contact official for the initial mode of transportation.
• Ensure the application conforms to § 107.105 to the extent necessary to process it.
• Provide a written certification record if relying on training conducted by another employer or completed prior to the effective date of this section.
• Retain the latest training certification.