Hazmat Special Permits Update 2011

Posted on 9/15/2011 by James Griffin

On January 5, 2011, at 76 FR 454, PHMSA made a series of changes to the special permit application system. One of the new rules required all applicants to name the CEO or president of the company when filing for a special permit (including extensions, modifications, and party-to applications). PHMSA’s intent here was “…to ensure the proper identification and a thorough fitness evaluation of the location(s) where the special permit would be used.”
Several members of the regulated community, including the The Institute of Makers of Explosives (IME), Council On Safe Transportation Of Hazardous Articles, Inc., and a joint appeal from the Association of Hazmat Shippers, Inc. (AHS) and the Radiopharmaceutical Shippers & Carriers Conference objected to this and other new requirements and filed appeals with PHMSA to change the new rules.
On July 26, 2011, at 76 FR 44496, PHMSA published yet another set of amendments to the special permit application system to respond to these petitions. The Agency decided to provide permit applicants the option to identify a senior corporate official with oversight of hazardous material transportation rather than the president or CEO. Consequently, the July 26 rule did add the words “or ranking executive officer” to 49 CFR 107.107(b)(3) for party-status applications and to 107.109(a)(3) for renewal applications. But, there was no corresponding change to Section 107.105(a)(2) for initial special permit applications.
Lion Technology’s crack research staff pointed out this oversight to the Office of Hazardous Materials Standards. As a result, when on September 13, 2011, at 76 FR 56304, PHMSA published its annual cleanup rule to fix typos and insert other clarifications into the HMR before the recodification date on October 1, one of the many fixes made here was to add the phrase “or ranking executive officer” to Section 107.105(a)(2) for initial special permit applications.

Tags: DOT, hazmat shipping

Find a Post

Compliance Archives

Lion - Quotes

Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.

Gregory Thompson

Environmental, Health & Safety Regional Manager

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

The instructor was very very informative, helpful, understandable and pleasant. This course answered many questions I had, being new to this industry.

Frances Mona

Shipping Manager

Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers.

Robert Brenner

District Environmental Manager

These are the best classes I attend each year. I always take something away and implement improvements at my sites.

Kim Racine

EH&S Manager

Lion is my preferred trainer for hazmat and DOT.

Jim Jani

Environmental Coordinator

These are the best commercial course references I have seen (10+ years). Great job!

Ed Grzybowski

EHS & Facility Engineer

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

The instructor was energetic and made learning fun compared to dry instructors from other training providers.

Andy D’Amato

International Trade Compliance Manager

The instructor did an excellent job presenting a very dry subject; keeping everyone interested and making it enjoyable.

Marc Bugg

Hazardous Waste Professional

Download Our Latest Whitepaper

Use this guide as a quick reference to the most common HAZWOPER questions, and get course recommendations for managers and personnel who are in need of OSHA-required HAZWOPER training.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.