Special Permits

FAQ: What is a special permit?

A special permit is defined at 49 CFR 171.8 of the Hazardous Materials Regulations (HMR) of USDOT/PHMSA as follows:

Special permit means a document issued by the Associate Administrator, the Associate Administrator’s designee, or as otherwise prescribed in the HMR, under the authority of 49 U.S.C. 5117 permitting a person to perform a function that is not otherwise permitted under subchapter A or C of this chapter, or other regulations issued under 49 U.S.C. 5101 et seq. (e.g., Federal Motor Carrier Safety routing requirements).

In a nutshell:  A special permit may be issued by USDOT/PHMSA to allow a person (e.g., shipper, carrier, or receiving facility) involved in the transportation of a hazardous material (HazMat) to perform a function that is not allowed by the HMR.

Special permits – once known as exemptions – may be granted to an applicant for an emergency situation or when a safe alternative to the HMR can be demonstrated by the applicant.Special Permit Packaging

A person seeking a special permit has two options:

Persons seeking a special permit must submit an application to USDOT/PHMSA.  The application must meet the requirements of 49 CFR 107, Subpart B and include evidence that the special permit will achieve the same safety level of the HMR or is consistent with the public interest (i.e., the benefit to the public of the special permit outweighs the risk, such as in an emergency).  USDOT/PHMSA’s review of your application will include an evaluation of your compliance history.

If the special permit is granted, compliance with its conditions are the responsibility of the applicant; this includes training HazMat Employees on its conditions.  Special permits have an expiration date, a person wishing to continue use of a special permit must submit a new application prior to its expiration date.

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/

A carrier transporting a HazMat under a shipper’s special permit or a shipper offering a HazMat for transport by a carrier using a special permit need not be a party to the special permit if it does not re-package the HazMat.

Also read:  USDOT/PHMSA’s Special Permit FAQs

FAQs Regarding the Special Permits and Exemptions of the PHMSA for Hazardous Materials Transportation

The use of Special Permits (formerly known as Exemptions) in the Hazardous Material Regulations (HMR) of the USDOT/PHMSA presents opportunities and challenges for shippers and carriers of hazardous materials.  While they provide an opportunity to transport or offer for transportation a hazardous material in a manner not allowed for in the HMR, they will have requirements all of their own that are in addition to those of the HMR.  One example of this is that anyone who uses a Special Permit in the transportation of a hazardous material must provide additional Function Specific training to their HazMat Employees on the specific requirements of the Special Permit.

Below are some FAQs from the PHMSA website regarding the use of Special Permits for the transportation of hazardous materials. (more…)

Status of Special Permits of the US DOT for the Transportation of HazMat

A Special Permit is a document which authorizes a person to perform a function that is not currently authorized by the Hazardous Material Regulations (HMR).  They are allowed when a person can demonstrate that the function can be performed safely or is otherwise necessary, such as in the event of an emergency.  Much more about Special Permits, Exemptions, Approvals, and Regulatory Exceptions may be learned by reading an earlierarticle of mine on the subject.  The purpose of this article is to report the status of several Special Permits and what must be done if a person wishes to continue to use them.

DOT-SP 11248

This Special Permit authorizes the manufacture, marking, sale and use of a specially designed combination packaging system manufactured by HAZMATPAC, Inc. of Houston, TX.  A HazMat shipper or carrier does not need a written approval from the PHMSA in order for them to take advantage of its conditions.  A portion of the Special Permit was incorporated into 49 CFR 173.13(c)(1)(ii) (effective 10.1.10, HM233A) to allow for an alternative packaging configuration.  This incorporation into the regulations means that the alternative packaging method is now included specifically in 49 CFR 173.13 for all regulated shippers and carriers whereas before its use was limited solely to the Special Permit.  The Special Permit has an expiration date of 12.31.14 and must be renewed by HAZMATPAC or some other packaging manufacturer in order to continue its use.

DOT-SP 13192

This Special Permit authorizes the transportation by highway of certain cyanide mixtures capable of liberating hydrogen cyanide (HCN), with acids if both hazardous materials are packaged as lab packs or non-bulk packages.  Without this Special Permit, acids and cyanide mixtures capable of liberating HCN are prohibited from being transported in the same vehicle pursuant to 49 CFR 177.848(c).  The use of this Special Permit by a carrier or shipper requires written approval from the PHMSA.  However, effective 10.1.10 in HM233A, the segregation requirements of 49 CFR parts 174 (Carriage by Rail), 175 (Carriage by Vessel), and 177 (Carriage by Public Highway) were amended to allow for the transportation of lab pack quantities of Division 4.2 PG I, Division 5.2, and Division 6.1 PG I (Hazard Zone A) with other waste materials if specific packaging requirements are met.  This incorporates some of DOT-SP 13192 into the regulations, but not all.  A HazMat shipper or carrier must determine if they can now use the regulatory exception or if they must obtain approval from PHMSA to use the Special Permit.

DOT-SP 11624

This Special Permit allows for the transportation of certain hazard class 3 (flammable) waste paints and paint related materials in metal or plastic pails and then packaged in cubic yard boxes, dump trailers and roll-off containers.  This Special Permit is currently effective and none of its conditions have been incorporated into the Hazardous Materials Regulations (HMR) as an exception.  Therefore, a shipper or carrier of HazMat must have written approval from the PHMSA before it may avail itself of the conditions of this Special Permit.

DOT-SP 10949

This Special Permit authorizes the transportation by highway of lab pack quantities of cyanides with non-lab packed acids of ≤55 gallons per package.  This Special Permit is currently effective and none of its conditions have been incorporated into the Hazardous Materials Regulations (HMR) as an exception.  Therefore, a shipper or carrier of HazMat must have written approval from the PHMSA before it may avail itself of the conditions of this Special Permit.

Sometimes the PHMSA incorporates an entire Special Permit into the regulations as an exception if they feel confident the safety of HazMat Employees, emergency responders, and the general public is ensured.  Other times, as is the case with DOT-SP 11248 & DOT-SP 13192, only a portion of the Special Permit is incorporated into the regulations.  This leaves the shipper or carrier to determine if they must obtain written approval to use the Special Permit or if they can rely on the regulatory exception in the HMR.  Additional information about Special Permits can be found on the PHMSA website.  There you can perform a search of available Special Permits and who has received permission to use them.

You can learn more about the PHMSA HazMat regulations and how they apply to you at the ‘FAQs’ or ‘Articles’ pages of my website.  Or, you can register for one of my open enrollment training events where I fulfill the training requirements of the PHMSA at 49 CFR 172, Subpart H and the US EPA at 40 CFR 265.16.

Special Permits, Exemptions, Approvals and Exceptions to the US DOT Hazardous Material Regulations

The Hazardous Materials Regulations (HMR) contain everything you need to know about the transportation of hazardous materials in commerce; or do they?  The Pipeline and Hazardous Materials Safety Administration (PHMSA) within the US DOT understands that in some situations a hazardous material may be transported safely even when not in compliance with the HMR due to technological advancement, additional safety precautions unforeseen by the PHMSA, or an emergency situation such as war or natural disaster that may require temporary relief from the full HMR.  It is for those reasons – and others – that special permits, approvals, exemptions and regulatory exceptions were created.  I will briefly summarize the characteristics of these regulatory extensions, how they may be of use, and where more information is available.

Special Permits:

A special permit may be requested for any aspect of the HMR and is defined at 49 CFR 171.8 as, “a document issued by the Associate Administrator, or other designated Department official, under the authority of 49 U.S.C. 5117 permitting a person to perform a function that is not otherwise permitted under subchapter A or C of this chapter, or other regulations issued under 49 U.S.C. 5101 et seq. ( e.g., Federal Motor Carrier Safety routing requirements).”   Special permits – once known as exemptions; the name was changed because it sounded too much like an exception (more on that later) – may be granted to an applicant for an emergency situation, or when a safe alternative to the HMR can be demonstrated.

The application must meet the requirements of 49 CFR 107, Subpart B and include evidence that the special permit will achieve the same safety level of the HMR or is consistent with the public interest (ie. the benefit to the public of the special permit outweighs the risk, such as in an emergency).  PHMSA’s review of your application will include an evaluation of your compliance history, I don’t suggest you request a special permit for something you have been issued a violation.

If the special permit is granted, compliance with its requirements are the responsibility of the applicant; this includes training HazMat Employees on its conditions and submitting a new application prior to its expiration date.  Your requirements are the same if your application creates a new special permit or you apply to be a party to an existing one.  You need not be party to a special permit if you are a carrier forwarding a hazardous material under someone else’s special permit as long as you do not re-package the HazMat.

A guidance document with more information about special permits can be found here.  If you wish to learn if a special permit exists that you may wish to be a party to, a Special Permit Search Tool can be found here.  The search capability is limited however, so you might be best served by speaking directly with the HazMat Info Line @:  800.467.4922.  It is not uncommon for some or all of the conditions of a special permit of proven safety to be converted to a regulatory exception by the PHMSA.  In this case the conditions of the former special permit are codified in the regulations and are available for use by all of the regulated community.  More on exceptions in just a little bit.

Approvals:

Approvals – similar to special permits in many respects (see here for a point-by-point comparison) – are defined at 49 CFR 171.8 as, “a written authorization, including a competent authority approval, from the Associate Administrator or other designated Department official, to perform a function for which prior authorization by the Associate Administrator is required under subchapter C of this chapter (49 CFR parts 171 through 180.)”  The biggest difference between a special permit and an approval is that the HMR must contain a specific allowance for the approval in order for it to be issued.  If no specific allowance is present in the HMR, then a special permit must be requested in order to get relief from the regulations.  Other characteristics of an approval include:

  • May offer relief from the regulations if a level of safety can be guaranteed or the public interest is served.
  • A written application must be submitted and written documentation of approval granted.
  • May cover domestic or international transportation (special permits are good for domestic transportation only).
  • Unlike special permits, you may not apply to be party to an approval; each approval is specific to its applicant.
  • Unlike special permits, approvals typically do not have an expiration date and are valid until terminated, there is change in the product or circumstances, or it is incorporated into the HMR.

More information about approvals – including search tools – can be found here.  If unable to find what you need, I again recommend you to the HazMat Info Line @:  800.467.4922.

Exceptions:

Special permits (formerly known as exemptions) and approvals – after many years – may find themselves codified in the HMR as exceptions if they have been proven to achieve an adequate level of safety or serve the public interest.  Once made into an exception, they are available for use by anyone without written approval from PHMSA.  Exceptions can come in many different forms and are found throughout the HMR.  Some of the most common/useful include:

When shipping HazMat you may come upon an occasion where the HMR does not allow you to do something you feel necessary; don’t give up, there may be a regulatory exception that fits just what you are trying to do, the authorization to request an approval may exist, a special permit may already exist that you may apply to be party to, or PHMSA may grant your request for a new special permit.  In any case, awareness of the regulations through training will help you have a better understanding of the options available to you, and hey; training is what I do! Join me at one of my nationwide open enrollment training events to learn about the regulations pertaining to the transportation of HazMat and the US EPA regulations regarding the handling of hazardous waste.  This one day of training fulfills the regulatory requirements of the PHMSA for the transportation of HazMat Employees per 49 CFR 172, Subpart H and those of the US EPA for Large Quantity Generators of hazardous waste per 40 CFR 265.16.