• A special permit is required for a person to offer a hazardous material for transportation in a packaging other than one specifically indicated in the HMR.
• This is different from an exception.

Unless otherwise specified, in order for a person to offer a hazardous material for transportation in a packaging authorized by a special permit, the person must be “the holder of” or “party to” the special permit.

If a special permit authorizes the use of a packaging for the shipment or transportation of a hazardous material by any person or class of persons other than or in addition to the holder of the special permit, that person or a member of the specified class of persons may use the packaging for the purposes authorized in the special permit subject to the terms specified in the special permit.

Copies of special permits may be obtained by accessing the Pipeline and Hazardous Materials Safety Administration (PHMSA) website or calling the Office of Hazardous Materials Special Permits and Approvals at (202) 366-4433.

When a special permit issued to a person who offers a hazardous material contains requirements that apply to a carrier of the hazardous material, the offeror must furnish a copy of the special permit to the carrier before or at the time a shipment is tendered. Notes: A special permit is different from an exception.

A special permit is a statement from PHMSA authorizing a person or persons to use a packaging other than specifically indicated in the Hazardous Materials Regulations (HMR). A company, in most cases, must apply to get, use, or be allowed to use (be a party to) an existing exemption/special permit.

In some cases, a special permit may be given to an unnamed group or a category of persons meeting certain criteria. This type of special permit allows broader use but may only be utilized when the involved parties are fully aware of the conditions required in the special permit and only if a copy of the special permit is maintained at the location using it.

An exception is a statement of conditions listed in the HMR, that allows any person who meets them to be excepted from certain requirements of the HMR. Meeting the criteria for an exception excepts a company from some or all of the HMR’s requirements. Which requirements are excepted will be specifically indicated in the wording of the exception.