DOT Updates Special Permit Process

PHMSA 09-10 FR DOT-SP application process changes.pdf

On September 10, 2015 (80 FR 54418), the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final ruling in the federal register adopting regulations to include the standard operating procedures (SOPs) and criteria used to evaluate applications for special permits and approvals. In this rulemaking, PHMSA is amending the Hazardous Materials Regulations (HMR; 49 CFR parts 171– 180) to incorporate procedures to support the administration of its special permits and approvals programs in a new Appendix A to Part 107, Subpart B of the 49 CFR. These changes will address issues identified in the Hazardous Materials Transportation Safety Improvement Act of 2012 related to the Office of Hazardous Materials Safety’s Approvals and Permits Division. In addition, this rulemaking also provides clarity regarding what conditions need to be satisfied to promote special permit application completeness. An application that contains the required information reduces processing delays by reducing the number of applications rejected due to incompleteness. Through public notice and comment, this final rule is required to establish SOPs to support the administration of the special permit and approval programs, and objective criteria to support the evaluation of special permit and approval applications. These amendments do not change previously established policies, to include but not limited to any inspection activities subsequent to issuance, modification or renewal of a special permit and approval. This final rule is effective on November 9, 2015.