PHMSA Publishes Special Permit Approval NPRM

Today DOT’s Pipeline and Hazardous Material Safety Administration published a notice of proposed rulemaking (NPRM) in the Federal Register (79 FR 47047-47063) that would formally establish current standard operating procedures and criteria used to evaluate applications for special permits and approvals. The NPRM would add Appendix A to the existing 49 CFR 107. This rulemaking was initiated in response to a Congressional mandate set forth in §33012(a) of  MAP21 (PL 112-141; Pg 126 STAT 383).

In addition to formally establishing current permit approval procedures as part of the Hazardous Material Regulations (HMR) the rulemaking would:

• Change the definitions of ‘approval’ and ‘special permits’ currently found in §105.5, §107.1 and §171.8 to reflect the requirements of Appendix A;

• Change §107.113 to require that the PHMSA Associate Administrator review all special permit applications using the procedure set forth in the new Appendix A;

• Change §107.117 to require the Associate Administrator to use the procedures set forth in the new Appendix A to review all emergency permit applications; and

• Change §107.709 to require that the Associate Administrator review all approval applications using the procedures set forth in the new Appendix A.

PHMSA is soliciting public comments on the proposed rulemaking. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # PHMSA-2012-0260). Comments need to be submitted by October 14^th, 2014.