Question (April 17, 2018):
Is it true that before a permit expires but you have already requested 60 days before for a renewal and it is in process of completion… that your about to expire permit is fine until the new one is issued?
I should have known what he meant by “permit” but I had to ask to be sure:
I might be able to help you.
What kind of permit are you referring to?
|
Like this article? Subscribe to my Monthly Newsletter No marketing emails! |
His reply (I should have known):
Special permit.
Oh yeah:
49 CFR 107.109(b) of the USDOT/PHMSA Hazardous Materials Regulations (HMR) allows for the continued use of a special permit when the holder files an application for renewal at least 60 days prior to expiration, until final administrative action is taken. This would include submissions on a date that is 60 days prior to expiration.
And, after a conversation with USDOT/PHMSA:
I received some additional information that may be helpful to you. USDOT/PHMSA indicated that you should have received a document via email at the time you submitted the renewal application explaining that your renewal application was submitted in a timely manner and that your existing special permit will comply with the HMR even after its expiration should the renewal not be approved by that date.
I suggest you look for the two separate emails you should have received (1) indicating the renewal application was received in a timely manner and a second (2) indicating that use of your special permit past its scheduled expiration is approved if necessary.
Please contact me if you have any other questions.
That satisfied him.
Special permits represent a type of wild card within the HMR. If you ever find yourself in a situation where you cannot transport or offer for transport a hazardous material in the manner you require, you may find an existing special permit that allows you to do just what you need to do. If you can’t find an existing special permit – and you have the time and money – you could apply for a special permit specific to your need. Either way, be sure to renew your application at least sixty (60) days prior to its expiration. Of course, one of the standard conditions of any special permit is that your HazMat Employees receive training on the conditions of the special permit.
|
Interested in site specific training at your site that covers this topic, and more! Ask me about my Onsite Training |
More on special permits:
- Special Permits, Exemptions, Approvals and Exceptions to the Hazardous Materials Regulations
- FAQs Regarding the Special Permits and Exemptions of the PHMSA for Hazardous Materials Transportation
- The Description of a Special Permit or Exemption on a HazMat Shipping Paper – 49 CFR 172.203(a)
- Q&A: Must a shipper provide a copy of the special permit to the carrier?