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Latest DOT Actions on Hazmat Special Permits

Posted on 5/27/2022 by Roger Marks

US DOT PHMSA announced actions to grant or deny hazmat Special Permits in the Federal Register on May 27.

The Special Permit (SP) program allows hazmat shippers, carriers, and packaging manufacturers to innovate new or alternate methods for shipping hazardous materials. The SP mechanism is easier to use and more expeditious than the standard rulemaking process.

See the announcements in the May 27 Federal Register:
Notice of Actions on Special Permits
Notice of Applications for New Special Permits
Notice of Applications to Modify Special Permits

Federal hazardous materials transportation law requires DOT notify the public about its decisions concerning special permits (49 USC 5117(b)).  

Among the applications that DOT granted, five were requests to modify special permits already in place. PHMSA also granted two permit requests from railroad operators to allow use of electronic shipper paper information for hazardous materials rail shipments.

DOT Rules for Hazmat Special Permits

Special permit application requirements and required content are found at 49 CFR 107.105. The application must be submitted at least 120 days prior to the requested effective date with any attached supporting documentation by mail, fax, e-mail, or online on PHMSA’s website.

To have a special permit approved, the petitioner must show that their proposed alternative is at least as protective as the regulations. Once granted, the SP document, rather than the regulations, will specify the conditions and actions required for compliance for that specific function.

Typical hazmat special permit applications are requests to:

  • Modify or expand the scope of an existing special permit;
  • Authorize the use of alternative packaging or packaging orientation; or
  • Allow for hazmat to be shipped/transported in otherwise prohibited ways.

Read moreJoin the Hazmat Special Permit Party

The DOT/PHMSA maintains a useful hazmat special permit search tool that allows stakeholders to search by special permit number, state, or company name.

Recurrent DOT Hazmat Training Available Online 

Join an expert Lion instructor for a live, one-day webinar to help satisfy DOT’s recurrent hazmat training mandate at 49 CFR 172.704. DOT requires hazmat training once every three years for all “hazmat employees.”

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Tags: DOT compliance, hazardous materials, hazmat shipping, special permits

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