special permit

Q&A: Is my special permit still good if I submitted the renewal more than 60 days prior to its expiration?

Q&A: Is my special permit still good if I submitted the renewal more than 60 days prior to its expiration?

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?

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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:

Q&A: Do I need a USDOT security plan to ship this HazMat?

Here’s a question from back in November of 2017:

Daniel
First question
Do we need a USDOT security plan for aluminum phosphide pesticides (Division 6.1 Poisonous Substance) if transported in compliance with special permit 13307 since that eliminates the need to display placards on the vehicle?
Second question
Can I send you our shipping paper to make sure we are in compliance, and how much for your time?
I don’t expect this for free.

My reply that same day:

Please see below for your answers:

  • 49 CFR 172.800(b)(9) indicates the safety and security plan – and therefore in-depth security training – is required for a person who ships a quantity of Division 4.3 that requires placards to be displayed on the vehicle.  You can read about the Safety and Security Plan and the determination of applicability in this article: Safety and Security Plan and In-Depth Security Training
  • Special Permit 13307 precludes the need for placards.  Therefore, this requirement does not apply to you. Read more about special permits, approvals, and exceptions from regulation.
  • My consulting costs are $150/hour.  The project you suggest will not take more than an hour.  Likely 1/2 hour.

Dan

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Q&A: Must a Shipper Provide a Copy of the Special Permit to the Carrier When Applicable?

A question received through my website (Contact me) on March 16, 2016:

In addition to the DOT-SP number being listed on the hazmat shipping paper, are you also required to send a copy of the DOT-SP with the hazmat shipment? We are primarily shipping 2.2 compressed gas with the DOT-SP stamped on the bottle. Thanks

My reply that same day:

The requirement to provide a copy of the special permit with the shipment will be indicated on the special permit.

In its general conditions the special permit will also require that everyone who must comply with its conditions must have a copy available.  Therefore, if the conditions of the special permit require any awareness of them by the carrier or the receiving facility, then you must provide a copy of it for them.  However, there are many special conditions that can function without the participation of the carrier or the receiving facility – and sometimes – the shipper.
That being said, it doesn’t hurt to provide a copy of the special permit with the shipping papers and instruct persons who may come in contact with it of their use.
I hope this helps.  Please don’t hesitate to contact me with any other questions.

The Description of Special Permits (aka: Exemptions) on a Hazardous Materials Shipping Paper per 49 CFR 172.203(a)

The Description of a Special Permit or Exemption on a Hazardous Materials Shipping Paper – 49 CFR 172.203(a)