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

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