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Special requirements
  • In some circumstances, PHSMA can grant special permits for HMR exceptions, provided that the applicant can demonstrate that the substituted practice has an equivalent level of safety to that required by the regulations.

Under provisions of Part 107, Subpart B of the Hazardous Materials Regulations (HMR), the Pipeline and Hazardous Materials Safety Administration (PHMSA) has the authority to grant special permits or administrative relief from the HMR based on equivalent levels of safety as provided in the regulations, or levels of safety consistent with the policy of the Transportation Safety Act. These special permits may allow, for example, a particular hazardous material to be shipped in a packaging that is not specified by the regulations.

Special permits

Special permits are based on the applicant’s ability to demonstrate that a special provision achieves a level of safety at least equal to that required by the regulations — or, if a required safety level does not exist, that it is consistent with the public interest.

Applications for special permits are most often submitted by the shipper for a given product or class of product. However, some applications are submitted by package manufacturers with a packaging that is not currently authorized by the regulations but that they feel meets the needs of shippers and offers the same degree of safety as the authorized packagings.

Special permits are granted for a given length of time and must be renewed periodically. The request for renewal must be submitted at least 60 days prior to the expiration date of the special permit.

After a packaging authorized under a special permit has proven itself to meet the safety standards of the regulations, the Office of Hazardous Materials Standards (OHMS) may adopt the special permit as a rule of general application and incorporate it into the regulations.

Many packaging special permits issued to shippers contain special instructions for the carrier. In such instances, the shipper is required to furnish a copy of the special permit to the carrier.