On January 5, 2011, the U.S. DOT Pipeline and Hazardous Material Safety Administration (PHMSA) published a final rule revising and clarifying its procedures for special permit applications [76 FR 454
]. The revisions will require the applicant to provide more information that will be used by PHMSA to determine the petitioner’s fitness. Special permits allow for transport of a hazardous material in a manner that is not prescribed within the current regulations [49 CFR 107, Subpart B]. Highlights of the final rule include:
- Applications must now include a Table of Contents; however, it will no longer be necessary to submit an application in duplicate [49 CFR 107.105(a)(1)].
- Applications will have to include the physical address of all known locations where the special permit would be followed, a point of contact, the name of the company president or CEO, and the company’s Dun and Bradstreet identification number (DUNS) [49 CFR 107.105(a)(2)].
- The petitioner has to include information on shipping and incident history, experience, and increased safety risk. This information has to include descriptions of all operation controls that would be utilized [49 CFR 107.105(c)].
- If the special permit covers air transportation, the application has to include a statement outlying the reasons for air transportation if other modes are available [49 CFR 107.105(c)(5)].
- Petitioners need to include the quantity of each hazardous material as well as estimates of the number of shipments [49 CFR 107.105(c)].
- Applicants asking to become “party to” a special permit must include the same information required of the original applicant [49 CFR 107.107(b)(3)].
- Applications for renewal require additional information for fitness evaluation as well [49 CFR 107.109]
- The review procedures have been revised to allow PHMSA to request additional information and, if necessary, perform an on-site review [49 CFR 107.113].
The new requirements become effective March 7, 2011.