What does 49 CFR 40.7 (How can you get an exemption from a requirement in this regulation?) require?

Short answer

To get an exemption from a requirement in 49 CFR 40, you need to follow these steps:

1. Request the exemption in writing from the Office of the Secretary of Transportation.

2. Send the request to the specified address: Department of Transportation, Deputy Assistant General Counsel for Regulation and Enforcement, 1200 New Jersey Avenue, SE., Washington, DC 20590.

3. Document special or exceptional circumstances that make compliance impracticable.

The rule says

"You must request it in writing from the Office of the Secretary of Transportation, under the provisions and standards of 49 CFR part 5." (49 CFR 40.7(a))

"We will grant the request only if the request documents special or exceptional circumstances, not likely to be generally applicable and not contemplated in connection with the rulemaking that established this part, that make your compliance with a specific provision of this part impracticable." (49 CFR 40.7(b))

In plain English

Getting an exemption from a requirement in 49 CFR 40 involves a formal process where you must submit a written request to the Office of the Secretary of Transportation, providing detailed documentation of the special circumstances that prevent you from complying with the regulation. The exemption is only granted if these circumstances are exceptional and not generally applicable, meaning they are unique to your situation and were not considered during the rulemaking process.

What to do

• Submit your exemption request in writing to the specified address.
• Ensure your request includes documentation of the special or exceptional circumstances.
• Wait for a written response regarding the status of your exemption request.