Question of the Week | DOT & International News| Recent DOT Rules, Standards, and Interpretations

Transportation

Volume 9, Issue 16

April 15, 2008

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Question of the Week

Special Permits: Who Is Invited to the Party?

Q. My company offers hazardous materials under a special permit. A carrier refused to take an outbound shipment because his company was not a party to the special permit. What must be done for the carrier to accept the materials?

A. The hazardous materials regulations make up a whole body of rules with the aim of promoting public safety and preventing accidental releases of hazardous materials. A special permit is a formal permission from the DOT to a hazardous materials person to use a specified method of packaging, transporting, or offering hazardous materials, in place of those specified by regulation.

The special permit system is described in 49 CFR 107, Subpart B. To get a permit, a petitioner must describe in detail the steps he will take to ensure that the alternate method used to prepare the consignments of hazardous materials will be at least as safe as standard consignments. The DOT will review and approve or disapprove each permit application. Once a permit is approved, other persons may be able to become a party to the permit. There are fewer administrative requirements to become party to an existing special permit.

To legally perform the actions outlined in a special permit, a person must be a party to that permit, trained on its use, and records of the permit must be kept. If the shipper is using a packaging special permit, then no further action is required by other parties. If the special permit relieves a package of hazardous materials from carrier regulations, then the carrier is required to be a party to the special permit. If your permit does not provide relief from any applicable carrier regulations, then the carrier does not need to be a party to the permit, unless the permit itself specifies otherwise.

In most cases, the special permit number must be marked on the package to communicate the variance to other persons in the cycle of transportation. If your carrier refuses a package because he is uncertain it is in compliance with the regulations, providing a copy of the permit to the carrier for review would be a best business practice.

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DOT & International Transportation News

04/10/2008—OIG Testimony: Key Safety Challenges Facing the FAA
On April 10, 2008, the Inspector General testified before the Senate Committee on Commerce, Science, and Transportation, Subcommittee on Aviation Operations, Safety and Security. The Inspector General stated that aviation safety oversight is–and must remain–FAA's highest priority.

04/03/2008—UN Committee of Experts to Consider New Regulations for the Transport of Dangerous Goods in Limited Quantities
At its 31st session, the Sub-Committee considered the issue of a harmonized marking for the transport of limited quantities of consumer goods. It was recognized that national and international regulatory systems had varying approaches, in particular with respect to the interpretation of UN Model Regulation 3.4.9 which states “limited quantities of dangerous goods for personal or household use, that are packaged and distributed in a form intended or suitable for sale through retail agencies, may furthermore be exempted from marking of the UN number on the packaging and from the requirements for a dangerous goods transport document.“

04/02/2008—Missouri Truck Driving School Owner Found Guilty for Involvement in CDL Testing Fraud Scheme
On April 2, 2008, Mustafa Redzic, owner of Bosna Truck Driving School, was found guilty in U.S. District Court, Cape Girardeau, Missouri, of bribery, conspiracy, and wire and mail fraud. On June 21, 2007, Mr. Redzic, along with Tony Parr—the former training director for the Commercial Drivers Training Academy (CDTA) and State of Missouri driver's license examiner—was indicted. The DOT/OIG investigation revealed that in early 2004, Mr. Redzic and Mr. Parr devised a scheme whereby Mr. Redzic would send customers to Mr. Parr's testing facility in Sikeston, Missouri, to receive 30–minute short tests instead of the average 2–hour tests necessary to obtain their Commercial Driver's Licenses (CDLs).

03/31/2008—DOT Proposal Revolutionizes Rail Hazmat Tank Car Safety, Improves Puncture Resistance, Limits Speed, and Phases Out Oldest from Most Toxic Service
The safety of rail tank cars that carry the most dangerous hazardous materials will be dramatically improved under the most sweeping and revolutionary proposal in decades, announced U.S. Secretary of Transportation Mary E. Peters. “This proposal is designed to significantly reduce the hazard of hauling hazardous materials by rail,” Peters said, explaining the performance-based standard will increase by 500 percent on average the amount of energy the tank car must absorb during a train accident before a catastrophic failure may occur.

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Recent DOT Rules, Standards, and Interpretations

For Lion Members and Recent Course Attendees

Update Your 49 CFR Regulations

Updates are now available for your 49 CFR Regulations manual!

Visit www.lion.com/49CFRUpdates and download the latest rules.

04/09/2008—Commercial Driver's License Testing and Commercial Learner's Permit Standards; Proposed Rule
The Federal Motor Carrier Safety Administration (FMCSA) proposes to revise the commercial driver's license (CDL) knowledge and skills testing standards, and to require new Federal minimum standards for States to issue commercial learner's permits (CLPs).

04/01/2008—Improving the Safety of Railroad Tank Car Transportation of Hazardous Materials
The Pipeline and Hazardous Materials Safety Administration and the Federal Railroad Administration are proposing revisions to the Federal Hazardous Materials Regulations to improve the crashworthiness protection of railroad tank cars designed to transport poison inhalation hazard materials.

View more DOT Actions

To view the most recent DOT interpretive letters visit the Lion Online Library.

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Upcoming Web Seminars

Managing Used Oil

May 20, 2008

Hazardous Materials Air Shipper Certification—IATA

June 10, 2008

Hazardous Materials Vessel Shipper Certification-IMDG

June 17, 2008

Hazardous Waste Recycling Reliefs

June 26, 2008

Managing Hazard Communication

July 22, 2008

Upcoming Workshops

Hazardous Materials Transportation Certification Apr. 28–29 — Los Angeles
May 5–6 — St. Louis
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Hazardous Materials Air Shipper Certification—IATA Apr. 30 — Los Angeles
May 7 — St. Louis
May 14 — Chicago
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Hazardous Materials Vessel Shipper Certification—IMDG
May 1 — Los Angeles
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The Complete Environmental Regulations
June 5–6 — Cincinnati
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Hazardous/Toxic Waste Management
Apr. 28–29 — Cincinnati
May 1–2 — Detroit
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Advanced Hazardous Waste Management
July 14–15 — St. Louis
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Hazardous Waste in California

May 5–6 — San Diego
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Managing Hazardous Waste in New York

June 2 — Buffalo
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June 13 — Long Island