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Latest DOT Actions on Hazmat Special Permits

Posted on 9/20/2021 by Roseanne Bottone

US DOT announced actions to grant or deny hazmat Special Permits earlier this month in the Federal Register.

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 September 8 Federal Register:
Actions on Special Permit Applications
Applications for Modifications to 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, six were requests to modify special permits already in place. Two addressed lithium batteries by air. and three pertained to special conditions for transporting explosives.

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.

Join the Hazmat Special Permit Party

If your company is not an applicant, why should you be interested in special permits?

Awareness of the options granted to other companies in your industry may benefit you; You might consider becoming a party to an application or an existing special permit to ease some of your regulatory burden. The rules for applying for “party status” are at 49 CFR 107.107.

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 more: Join 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 49 CFR Hazmat Training Available Online 

online hazmat trainingJoin 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.”

Live webinars blend the convenience of online learning with the reliable, up-to-date training you expect from Lion Technology. Join from anywhere, get answers to your questions, and download robust regulatory resources to support your decision making.
 
Upcoming Recurrent 49 CFR Webinars
October 5  |  October 22  |  November 3  [SAVE YOUR SEAT

Or train at your own pace with these comprehensive online courses:
Hazmat Ground Shipper Certification (DOT)
Recurrent Hazmat Ground Shipper Certification (DOT)
 

Tags: hazardous materials, hazmat special permits, lithium batteries, shipping hazmat

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