[Federal Register Volume 72, Number 135 (Monday, July 16, 2007)]
[Proposed Rules]
[Pages 38810-38811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13579]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Chapter I

[Docket No. PHMSA-2007-27329 (HM-233A)]
RIN 2137-AD84


Hazardous Materials: Conversion of Special Permits into 
Regulations of General Applicability

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Request for comments.

-----------------------------------------------------------------------

SUMMARY: PHMSA is in the process of reviewing widely-used special 
permits to identify those that have proven safety records and should be 
converted into the Hazardous Materials Regulations (HMR) as regulations 
of general applicability. A special permit is an authorization issued 
by PHMSA that allows a company or individual to package or ship a 
hazardous material in a manner that varies from the regulations 
provided an equivalent level of safety is maintained or that, in an 
emergency, is necessary to protect life or property. Incorporation of 
special permits into the HMR is a regulatory reform effort.

DATES: Written comments should be submitted on or before September 14, 
2007.

ADDRESSES: The U.S. Department of Transportation has relocated to a new 
facility located at 1200 New Jersey Avenue, SE., Washington, DC 20590-
0001. We have modified the delivery instructions below to accommodate 
this transition period. You may submit comments identified by the 
docket number (PHMSA-2007-27329 (HM-233A)) by any of the following 
methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001. If sent by mail, 
comments are to be submitted in two copies. Persons wishing to receive 
confirmation of receipt of their comments should include a self-
addressed stamped postcard.
     Hand Delivery: Docket Operations staff will accept 
deliveries at the new DOT facility in Room W12-140 on the Ground Floor 
of the West Building

[[Page 38811]]

located at 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. 
Hours at the new facility will remain 9 a.m. to 5 p.m., Monday through 
Friday, except Federal Holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Instructions: All submissions must include the agency name 
and docket number or Regulatory Identification Number (RIN) for this 
notice. Note that all comments received will be posted without change 
to http://dms.dot.gov including any personal information provided. 
Anyone is able to search the electronic form of all comments received 
into any of our dockets by the name of the individual submitting the 
comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70, pages 19477-78), or at http://dms.dot.gov.
     Docket: For access to the docket to read background 
documents or comments received, go to http://dms.dot.gov at any time or 
to the Docket Management System (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Eileen Edmonson, Office of Hazardous 
Materials Standards, (202) 366-8553, or Diane LaValle, Office of 
Hazardous Materials Special Permits and Approvals, (202) 366-4535, 
Pipeline and Hazardous Materials Safety Administration (PHMSA) 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001, or by e-mail to: 
[email protected], or [email protected].

SUPPLEMENTARY INFORMATION: The Pipeline and Hazardous Materials Safety 
Administration (PHMSA) (hereafter, ``we'' or ``us'') is conducting a 
review to identify widely-used special permits (formerly called 
exemptions) with an established safety record which may be candidates 
for conversion into regulations of general applicability under the 
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). A special 
permit allows a packaging manufacturer, shipper, or carrier to deviate 
from requirements in the HMR provided the special permit achieves at 
least an equivalent level of safety as that provided by the HMR. The 
procedures for issuing, modifying, and terminating special permits are 
prescribed under subpart B of 49 CFR part 107 (Sec. Sec.  107.101-
107.127).
    Special permits allow the industry to quickly implement new 
technologies and to evaluate new operational techniques that often 
enhance safety and increase productivity. Converting the provisions of 
special permits with an established safety record into regulations 
reduces paperwork burdens and facilitates commerce while maintaining an 
acceptable level of safety. As stated in the summary, this effort is 
also a regulatory reform and relief effort. The incorporation of the 
provisions in special permits into the HMR relieves many regulatory 
burdens on grantees. For example, grantees will no longer be required 
to maintain and provide copies of the special permits, mark packages 
and shipping documents with the permit number, and re-apply for 
authorization when a permit expires. Grantees will no longer be 
required to train individuals on the requirements of the special 
permits, but will still need to train employees on HMR compliance. 
Additionally, incorporation into the HMR provides wider access to the 
benefits of the provisions that otherwise would be accorded to a 
limited number of special permit grantees.
    PHMSA has a long history of incorporating well-performing special 
permits into the HMR safely. One of our most recent examples includes 
incorporating provisions for the use of specialized high-integrity 
packagings to transport certain poisons without requiring them to be 
labeled with the POISON label.
    Generally, a special permit is not a good candidate for conversion 
into regulations if it has not been in effect long enough to establish 
a clear safety record, is based on proprietary information for which 
the holder has requested confidential treatment, or its conversion 
would increase the complexity and length of the HMR for the benefit of 
a limited number of persons.
    In this notice, PHMSA is inviting the public to recommend special 
permits for inclusion into the HMR. You should provide the special 
permit number and a rationale for its inclusion as a regulation of 
general applicability. We are particularly interested in the safety 
history of the special permit and the benefits that would result from 
its incorporation into the HMR, including reduced transportation costs, 
increased flexibility, advancement of new technologies, and the like.
    We will review all recommendations from the public submitted in 
response to this notice as part of our ongoing review of outstanding 
special permits. After completion of this review, we will publish a 
notice of proposed rulemaking to propose conversion of the provisions 
of specific special permits into regulations of general applicability.

    Issued in Washington, DC, on July 6, 2007, under authority 
delegated in 49 CFR part 106.
Theodore L. Willke,
Associate Administrator for Hazardous Materials Safety.
 [FR Doc. E7-13579 Filed 7-13-07; 8:45 am]
BILLING CODE 4910-60-P