Hazardous Materials: Clarification of Applications for Special Permits Submitted in the Public Interest, 18482-18484 [2024-05250]
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Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices
17. Question: Who is responsible for the
required hazmat training of a
subcontractor’s employees?
Answer: Under § 171.8, a
subcontractor’s hazmat employee is a
hazmat employee. In accordance with
§ 172.702(a), the subcontractor, as the
hazmat employer for its hazmat
employees, is responsible for ensuring
that each of its hazmat employees are
trained in accordance with Subpart H to
Part 172. However, § 172.702(c)
provides flexibility on who can provide
the training. The training may be
provided by the hazmat employer or by
some other public or private source.
18. Question: Is a person located outside
the United States who offers a shipment
from a foreign location for
transportation in the United States—in
accordance with an international
standard recognized by the HMR—
subject to the training requirements in
Subpart H to Part 172?
Answer: Yes. § 171.22 prescribes
additional requirements for the use of
international standards for shipments
offered for transportation or transported
in the United States and includes
shipments originating in a foreign
location and transported to the United
States. Under § 171.22(g)(2), the training
requirements in Subpart H to Part 172,
including function specific training,
must be satisfied. Training conducted,
in accordance with § 171.22, to comply
with the international standards may be
used to satisfy the training requirements
set forth in § 172.704, to the extent that
such training addresses the training
components specified in § 172.704(a). It
is not necessary to duplicate training.
However, the hazmat employer must
provide additional training to
employees performing covered
functions for any training components
required by the HMR that were not
previously addressed.
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19. Question: Is a driver required to
have hazmat training in accordance
with Subpart H to Part 172 if the driver
has a hazmat endorsement on a CDL?
Answer: Yes. In accordance with
§ 177.800(c), each driver who is a
hazmat employee is subject to the
training requirements in Subpart H to
Part 172, and the driver training
requirements in § 177.816, regardless of
whether a hazmat endorsement is
required. However, the training required
to obtain a hazmat endorsement may be
used to satisfy some of the training
requirements of the HMR to the extent
that such training addresses the training
components of § 172.704. (See
§ 177.816(c).)
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17:33 Mar 12, 2024
Jkt 262001
IV. Future FAQ Topics
With the completion of this set of
FAQ specific to training requirements,
PHMSA will begin consideration for its
next set of FAQ based on public input
received. As such, PHMSA will
continue concurrent work on future
FAQ notices and subsequent topics may
include FAQ pertaining to
classification, hazard communication,
hazardous substances, hazardous
wastes, modal-specific requirements, or
packaging.
Issued in Washington, DC, on March 7,
2024, under authority delegated in 49 CFR
1.97.
William S. Schoonover,
Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2024–05268 Filed 3–12–24; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2022–0127 (Notice No.
2023–09)]
Hazardous Materials: Clarification of
Applications for Special Permits
Submitted in the Public Interest
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice.
AGENCY:
PHMSA is publishing this
notice to inform interested parties on
how PHMSA evaluates and determines
whether a special permit can be
considered consistent with the public
interest. This notice outlines the criteria
PHMSA used to evaluate special permit
applications on the basis of public
interest.
FOR FURTHER INFORMATION CONTACT: Don
Burger, Standards and Rulemaking
Division, 202–366–4314, Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
PHMSA is responsible for regulations
to ensure the safe transport of hazardous
materials. The Hazardous Materials
Regulations (HMR) have many
performance-oriented regulations that
provide the regulated community some
flexibility in meeting safety
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
requirements. Even so, not every
transportation situation can be
anticipated and addressed by the
current regulations. The hazardous
materials community develops new
materials, technologies, and innovative
ways to move hazardous materials
safely. Such innovation strengthens our
economy, and some new technologies
and operational techniques may
enhance safety.
In order to accommodate and
encourage continued development and
innovation in the safe transport of
hazardous materials, PHMSA is
authorized to issue variances from the
HMR via special permits, which set
forth alternative requirements to those
currently in the HMR. Special permits
provide a mechanism for applying new
technologies, promoting increased
transportation efficiency and
productivity, and ensuring global
competitiveness without compromising
safety. In addition, special permits
enable the hazardous materials industry
to integrate new products and
technologies into production and the
transportation stream safely, quickly,
and effectively.
The Department of Transportation
(DOT), through PHMSA, issues special
permits under the Hazardous Materials
Program Procedures (49 CFR part 107,
subpart B). By issuing a special permit,
PHMSA is in effect waiving
requirements of the HMR and often
imposing alternative requirements, i.e.,
a special permit may allow a person to
perform a function not otherwise
permitted under the HMR.1 PHMSA’s
Approvals and Permits Branch issues
the special permits on behalf of the
Associate Administrator.
The HMR requires that special
permits must achieve a level of safety
that is at least equal to that required by
the regulation from which the special
permit is sought; or, if a required safety
level does not exist, is consistent with
the public interest.2
Various stakeholders have inquired
about the criteria for evaluating special
permits consistent with the public
interest, as well as how these special
permits are evaluated. PHMSA is
publishing this guidance to inform
stakeholders and interested parties
seeking a special permit in the public
interest of the types of information
PHMSA requires when it reviews a
special permit application, and to
provide examples of previous approved
1 https://www.govinfo.gov/content/pkg/USCODE2011-title49/html/USCODE-2011-title49-subtitleIIIchap51.htm.
2 49 CFR 107.105(d).
E:\FR\FM\13MRN1.SGM
13MRN1
Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices
applications for a special permit in the
public interest.
PHMSA guidance—such as this
notice—is not substantive rules
themselves and does not create legally
enforceable rights, assign duties, or
impose new obligations not otherwise
contained in the existing regulations
and standards. Instead, PHMSA
guidance is intended as an aid to
demonstrate compliance with the
relevant regulations. An individual who
can demonstrate compliance with
PHMSA guidance is likely to
demonstrate compliance with the
relevant regulations. If a different course
of action is taken by an individual, the
individual must be able to demonstrate
that its conduct is in accordance with
the regulations.
II. Examples of Special Permits
Consistent With the Public Interest
In the past, PHMSA has considered a
special permit consistent with the
public interest if the special permit
provides a positive net benefit to the
welfare or well-being of the public; i.e.,
the benefit to society from the waiver
authorized in the special permit will
outweigh potential harms. For example,
while the transport of an unapproved
explosive substance is forbidden under
the HMR, it would be in the public
interest to allow for a one-time transport
of the substance to remove it from a
location that creates higher risk for the
public—such as removal of a seized
explosive from a port—provided the risk
to the public can be minimized through
operational controls.3 Similarly, while
movement of a certain hazardous
material by passenger aircraft might be
forbidden under the HMR, the
movement might be justified if it is the
only mode of transport available to a
remote location and sufficient
operational controls are in place to
minimize risk to the public to the extent
possible (e.g., limiting only to a specific
carrier with defined route).4 Other
examples of public interest special
permits have supported responses to
public health crises. For example, in
response to the Ebola outbreak, PHMSA
allowed specialized packaging to
transport waste for disposal, subject to
operational controls.5 Prior to issuance
lotter on DSK11XQN23PROD with NOTICES1
3 See
DOT–SP 21357, Special Permit for Gateway
Pyrotechnic Productions, LLC. PHMSA’s Office of
Hazardous Materials Safety maintains a searchable
database of issued special permits on its website at
https://www.phmsa.dot.gov/approvals-and-permits/
hazmat/special-permits-search.
4 See DOT–SP 16392, Special Permit for Gem Air,
LLC; DOT–SP 12674, Special Permit for G & S
Aviation, LLC; DOT–SP 15243, Special Permit for
Katmailand, Inc.
5 See DOT–SP 16279; DOT–SP 16278 & DOT–SP
16266, Special Permits for Stericycle, Inc.
VerDate Sep<11>2014
17:33 Mar 12, 2024
Jkt 262001
of the special permit, there were no
packagings authorized under the HMR
that could have handled the large
quantities of waste, so it was in the
public interest to authorize an
alternative means to transport the waste
for incineration and disposal.
III. Justification for Special Permit
Applications
Section 107.105(d) 6 outlines the
information the applicant must provide
when requesting a special permit
application. An applicant seeking a
special permit, whether on the basis of
an equal level of safety required by the
HMR or as consistent with the public
interest, must provide:
• Information describing all relevant
shipping and incident experience of
which the applicant is aware that relates
to the application.
• A statement identifying any
increased risk to safety or property that
may result if the special permit is
granted, and a description of the
measures to be taken to address that
risk.
• Either one of the following:
Æ Substantiation, with applicable
analyses, data, or test results, (e.g.,
failure mode and effect analysis), that
the proposed alternative will achieve a
level of safety that is at least equal to
that required by the regulation from
which the special permit is sought; or
Æ If the regulations do not establish a
level of safety, an analysis that identifies
each hazard, potential failure mode, and
the probability of its occurrence, and
how the risks associated with each
hazard and failure mode are controlled
by the provisions of the prospective
permit.
Without the applicant providing
information outlined in § 107.105(d),
PHMSA may not be able to complete its
evaluation of the application as required
by § 107.113(f). Further, in providing
the above information and analysis, the
applicant should demonstrate that the
proposed alternative will achieve a level
of safety that is consistent with the
public interest and will adequately
protect against the risks to life and
property inherent in the transportation
of hazardous materials in commerce.
IV. Adequate Protection Against the
Risks to Life and Property
As discussed above, an applicant
seeking a special permit consistent with
public interest must demonstrate that
their proposed alternative to the HMR
will achieve a level of safety that
adequately protects against risks to life
6 49
PO 00000
CFR 107.105(d).
Frm 00113
Fmt 4703
and property.7 This is often achieved by
proposing various operational controls
for a special permit in the application.
A determination by PHMSA that an
application and the proposed
operational controls provide ‘‘adequate
protection’’ against risks to life and
property does not indicate such
operational controls provide a lower
level of safety than a special permit that
was determined to have at least an
‘‘equivalent level of safety’’ to the HMR.
Rather it is a safety determination in the
absence of a standard to compare
against the proposed approach in the
special permit application.
A special permit application seeking
to show it is consistent with the public
interest must include information on
how the applicant will minimize any
safety risk to the maximum extent
practicable. Applicants should include
explanations of: (1) the hazardous
material and how it is contained; (2)
known risks of the hazardous material;
(3) mitigation of the risks posed by the
hazardous material via packaging,
hazard communication, and/or
operational controls; and (4) any other
relevant factors to support mitigation of
any safety risks.
Operational controls to help minimize
transportation risks are also important
features of permits issued in the public
interest. Operational controls are
requirements designed to enhance safety
and oversight when transporting
hazardous materials under special
permits. Though special permits may
waive some regulatory requirements due
to unusual circumstances, operational
controls allow permit holders to
improve safety through policies,
procedures, and communication.
Operational controls in special permits
have included selecting and training
specific personnel; implementing
additional equipment inspections and
maintenance; limiting transport to
certain times, routes, or conditions;
using tracking and communication
systems; documenting the permitted
shipment; and other measures tailored
to the situation. Operational controls
may also limit the movement of the
hazardous material to specific modes of
transportation.
V. Supporting Documentation and
Duration for Public Interest Special
Permits
Providing detailed supporting
documentation is key to supporting
PHMSA’s decision-making process.
PHMSA evaluates all information and
data outlined in this notice in reviewing
and issuing a special permit application
7 49
Sfmt 4703
18483
CFR 107.113(f)(2).
E:\FR\FM\13MRN1.SGM
13MRN1
18484
Federal Register / Vol. 89, No. 50 / Wednesday, March 13, 2024 / Notices
in the public interest. If the information
outlined in the HMR and described in
this notice is not provided in a special
permit request, it is unlikely that a
special permit would be issued in the
public interest as the application would
not be sufficient.
Finally, PHMSA will consider the
length of time that the special permit
issued in the public interest should
remain in effect. New special permits
are limited to a maximum of two years
in duration by 49 U.S.C. 5117(a)(2).
Emergencies—e.g., natural disasters,
failure of containment of a hazardous
material in transport, etc.—require
quick decision-making by PHMSA to
mitigate the potential hazards to the
public and the environment. Special
permits issued in the public interest,
such as in the case of emergencies,
typically are only issued for an amount
of time expected to be sufficient to
address the emergency.
VI. Future Actions
This notice serves as guidance for
interested parties looking to obtain
special permits in the public interest.
PHMSA encourages applicants seeking a
special permit in the public interest to
ensure applications include all
necessary information to address the
requirements of the HMR as outlined in
this notice.
Issued in Washington, DC, on March 7,
2024.
William S. Schoonover,
Associate Administrator of Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2024–05250 Filed 3–12–24; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request Relating to Carryover of
Passive Activity Losses and Credits
and At-Risk Losses to Bankruptcy
Estates of Individuals
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Internal Revenue Service,
as part of its continuing effort to reduce
paperwork and respondent burden,
invites the general public and other
Federal agencies to take this
opportunity to comment on continuing
information collections, as required by
the Paperwork Reduction Act of 1995.
The IRS is soliciting comments
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:33 Mar 12, 2024
Jkt 262001
concerning carryover of passive activity
losses and credits and at-risk losses to
bankruptcy estates of individuals.
DATES: Written comments should be
received on or before May 13, 2024 to
be assured of consideration.
ADDRESSES: Direct all written comments
to Andres Garcia, Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224, or
by email to pra.comments@irs.gov.
Please include OMB Number 1545–1375
or TD 8537 in the Subject Line of the
message. Requests for additional
information or copies of this regulation
should be directed to Sara Covington, at
(202) 317–5744 or Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224, or
through the internet at
Sara.L.Covington@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Carryover of Passive Activity
Losses and Credits and At-Risk losses to
Bankruptcy Estates for Individuals.
OMB Number: 1545–1375.
Regulation Project Number: T.D. 8537.
Abstract: These regulations relate to
the application of carryover of passive
activity losses and credits and at risk
losses to the bankruptcy estates of
individuals. The final regulations affect
individual taxpayers who file
bankruptcy petitions under chapter 7 or
chapter 11 of title 11 of the United
States Code and have passive activity
losses and credits under section 469 or
losses under section 465.
Current Actions: There are no changes
being made to this existing regulation or
to the paperwork burden previously
approved by OMB.
Type of Review: Extension of a
currently approved collection.
Affected Public: Individuals or
households.
Estimated Number of Respondents:
500.
Estimated Time per Respondent: 12
Minutes.
Estimated Total Annual Burden
Hours: 100.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a
collection of information must be
retained as long as their contents may
become material in the administration
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by 26
U.S.C. 6103.
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) whether the collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology;
and (e) estimates of capital or start-up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
Approved: March 6, 2024.
Sara L. Covington,
IRS Tax Analyst.
[FR Doc. 2024–05257 Filed 3–12–24; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Form 8582
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Internal Revenue Service
(IRS), as part of its continuing effort to
reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on information
collections, as required by the
Paperwork Reduction Act of 1995. The
IRS is soliciting comments concerning,
Passive Activity Los Limitations.
DATES: Written comments should be
received on or before May 13, 2024 to
be assured of consideration.
ADDRESSES: Direct all written comments
to Andres Garcia, Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224, or
by email to pra.comments@irs.gov.
Include ‘‘OMB Number 1545–1008—
Passive Activity Loss Limitations’’ in
the subject line of the message.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of this collection should be
directed to Martha R. Brinson, at (202)
SUMMARY:
E:\FR\FM\13MRN1.SGM
13MRN1
]]>Agencies
[Federal Register Volume 89, Number 50 (Wednesday, March 13, 2024)]
[Notices]
[Pages 18482-18484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05250]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2022-0127 (Notice No. 2023-09)]
Hazardous Materials: Clarification of Applications for Special
Permits Submitted in the Public Interest
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: PHMSA is publishing this notice to inform interested parties
on how PHMSA evaluates and determines whether a special permit can be
considered consistent with the public interest. This notice outlines
the criteria PHMSA used to evaluate special permit applications on the
basis of public interest.
FOR FURTHER INFORMATION CONTACT: Don Burger, Standards and Rulemaking
Division, 202-366-4314, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
PHMSA is responsible for regulations to ensure the safe transport
of hazardous materials. The Hazardous Materials Regulations (HMR) have
many performance-oriented regulations that provide the regulated
community some flexibility in meeting safety requirements. Even so, not
every transportation situation can be anticipated and addressed by the
current regulations. The hazardous materials community develops new
materials, technologies, and innovative ways to move hazardous
materials safely. Such innovation strengthens our economy, and some new
technologies and operational techniques may enhance safety.
In order to accommodate and encourage continued development and
innovation in the safe transport of hazardous materials, PHMSA is
authorized to issue variances from the HMR via special permits, which
set forth alternative requirements to those currently in the HMR.
Special permits provide a mechanism for applying new technologies,
promoting increased transportation efficiency and productivity, and
ensuring global competitiveness without compromising safety. In
addition, special permits enable the hazardous materials industry to
integrate new products and technologies into production and the
transportation stream safely, quickly, and effectively.
The Department of Transportation (DOT), through PHMSA, issues
special permits under the Hazardous Materials Program Procedures (49
CFR part 107, subpart B). By issuing a special permit, PHMSA is in
effect waiving requirements of the HMR and often imposing alternative
requirements, i.e., a special permit may allow a person to perform a
function not otherwise permitted under the HMR.\1\ PHMSA's Approvals
and Permits Branch issues the special permits on behalf of the
Associate Administrator.
---------------------------------------------------------------------------
\1\ https://www.govinfo.gov/content/pkg/USCODE-2011-title49/html/USCODE-2011-title49-subtitleIII-chap51.htm.
---------------------------------------------------------------------------
The HMR requires that special permits must achieve a level of
safety that is at least equal to that required by the regulation from
which the special permit is sought; or, if a required safety level does
not exist, is consistent with the public interest.\2\
---------------------------------------------------------------------------
\2\ 49 CFR 107.105(d).
---------------------------------------------------------------------------
Various stakeholders have inquired about the criteria for
evaluating special permits consistent with the public interest, as well
as how these special permits are evaluated. PHMSA is publishing this
guidance to inform stakeholders and interested parties seeking a
special permit in the public interest of the types of information PHMSA
requires when it reviews a special permit application, and to provide
examples of previous approved
[[Page 18483]]
applications for a special permit in the public interest.
PHMSA guidance--such as this notice--is not substantive rules
themselves and does not create legally enforceable rights, assign
duties, or impose new obligations not otherwise contained in the
existing regulations and standards. Instead, PHMSA guidance is intended
as an aid to demonstrate compliance with the relevant regulations. An
individual who can demonstrate compliance with PHMSA guidance is likely
to demonstrate compliance with the relevant regulations. If a different
course of action is taken by an individual, the individual must be able
to demonstrate that its conduct is in accordance with the regulations.
II. Examples of Special Permits Consistent With the Public Interest
In the past, PHMSA has considered a special permit consistent with
the public interest if the special permit provides a positive net
benefit to the welfare or well-being of the public; i.e., the benefit
to society from the waiver authorized in the special permit will
outweigh potential harms. For example, while the transport of an
unapproved explosive substance is forbidden under the HMR, it would be
in the public interest to allow for a one-time transport of the
substance to remove it from a location that creates higher risk for the
public--such as removal of a seized explosive from a port--provided the
risk to the public can be minimized through operational controls.\3\
Similarly, while movement of a certain hazardous material by passenger
aircraft might be forbidden under the HMR, the movement might be
justified if it is the only mode of transport available to a remote
location and sufficient operational controls are in place to minimize
risk to the public to the extent possible (e.g., limiting only to a
specific carrier with defined route).\4\ Other examples of public
interest special permits have supported responses to public health
crises. For example, in response to the Ebola outbreak, PHMSA allowed
specialized packaging to transport waste for disposal, subject to
operational controls.\5\ Prior to issuance of the special permit, there
were no packagings authorized under the HMR that could have handled the
large quantities of waste, so it was in the public interest to
authorize an alternative means to transport the waste for incineration
and disposal.
---------------------------------------------------------------------------
\3\ See DOT-SP 21357, Special Permit for Gateway Pyrotechnic
Productions, LLC. PHMSA's Office of Hazardous Materials Safety
maintains a searchable database of issued special permits on its
website at https://www.phmsa.dot.gov/approvals-and-permits/hazmat/special-permits-search.
\4\ See DOT-SP 16392, Special Permit for Gem Air, LLC; DOT-SP
12674, Special Permit for G & S Aviation, LLC; DOT-SP 15243, Special
Permit for Katmailand, Inc.
\5\ See DOT-SP 16279; DOT-SP 16278 & DOT-SP 16266, Special
Permits for Stericycle, Inc.
---------------------------------------------------------------------------
III. Justification for Special Permit Applications
Section 107.105(d) \6\ outlines the information the applicant must
provide when requesting a special permit application. An applicant
seeking a special permit, whether on the basis of an equal level of
safety required by the HMR or as consistent with the public interest,
must provide:
---------------------------------------------------------------------------
\6\ 49 CFR 107.105(d).
---------------------------------------------------------------------------
Information describing all relevant shipping and incident
experience of which the applicant is aware that relates to the
application.
A statement identifying any increased risk to safety or
property that may result if the special permit is granted, and a
description of the measures to be taken to address that risk.
Either one of the following:
[cir] Substantiation, with applicable analyses, data, or test
results, (e.g., failure mode and effect analysis), that the proposed
alternative will achieve a level of safety that is at least equal to
that required by the regulation from which the special permit is
sought; or
[cir] If the regulations do not establish a level of safety, an
analysis that identifies each hazard, potential failure mode, and the
probability of its occurrence, and how the risks associated with each
hazard and failure mode are controlled by the provisions of the
prospective permit.
Without the applicant providing information outlined in Sec.
107.105(d), PHMSA may not be able to complete its evaluation of the
application as required by Sec. 107.113(f). Further, in providing the
above information and analysis, the applicant should demonstrate that
the proposed alternative will achieve a level of safety that is
consistent with the public interest and will adequately protect against
the risks to life and property inherent in the transportation of
hazardous materials in commerce.
IV. Adequate Protection Against the Risks to Life and Property
As discussed above, an applicant seeking a special permit
consistent with public interest must demonstrate that their proposed
alternative to the HMR will achieve a level of safety that adequately
protects against risks to life and property.\7\ This is often achieved
by proposing various operational controls for a special permit in the
application. A determination by PHMSA that an application and the
proposed operational controls provide ``adequate protection'' against
risks to life and property does not indicate such operational controls
provide a lower level of safety than a special permit that was
determined to have at least an ``equivalent level of safety'' to the
HMR. Rather it is a safety determination in the absence of a standard
to compare against the proposed approach in the special permit
application.
---------------------------------------------------------------------------
\7\ 49 CFR 107.113(f)(2).
---------------------------------------------------------------------------
A special permit application seeking to show it is consistent with
the public interest must include information on how the applicant will
minimize any safety risk to the maximum extent practicable. Applicants
should include explanations of: (1) the hazardous material and how it
is contained; (2) known risks of the hazardous material; (3) mitigation
of the risks posed by the hazardous material via packaging, hazard
communication, and/or operational controls; and (4) any other relevant
factors to support mitigation of any safety risks.
Operational controls to help minimize transportation risks are also
important features of permits issued in the public interest.
Operational controls are requirements designed to enhance safety and
oversight when transporting hazardous materials under special permits.
Though special permits may waive some regulatory requirements due to
unusual circumstances, operational controls allow permit holders to
improve safety through policies, procedures, and communication.
Operational controls in special permits have included selecting and
training specific personnel; implementing additional equipment
inspections and maintenance; limiting transport to certain times,
routes, or conditions; using tracking and communication systems;
documenting the permitted shipment; and other measures tailored to the
situation. Operational controls may also limit the movement of the
hazardous material to specific modes of transportation.
V. Supporting Documentation and Duration for Public Interest Special
Permits
Providing detailed supporting documentation is key to supporting
PHMSA's decision-making process. PHMSA evaluates all information and
data outlined in this notice in reviewing and issuing a special permit
application
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in the public interest. If the information outlined in the HMR and
described in this notice is not provided in a special permit request,
it is unlikely that a special permit would be issued in the public
interest as the application would not be sufficient.
Finally, PHMSA will consider the length of time that the special
permit issued in the public interest should remain in effect. New
special permits are limited to a maximum of two years in duration by 49
U.S.C. 5117(a)(2). Emergencies--e.g., natural disasters, failure of
containment of a hazardous material in transport, etc.--require quick
decision-making by PHMSA to mitigate the potential hazards to the
public and the environment. Special permits issued in the public
interest, such as in the case of emergencies, typically are only issued
for an amount of time expected to be sufficient to address the
emergency.
VI. Future Actions
This notice serves as guidance for interested parties looking to
obtain special permits in the public interest. PHMSA encourages
applicants seeking a special permit in the public interest to ensure
applications include all necessary information to address the
requirements of the HMR as outlined in this notice.
Issued in Washington, DC, on March 7, 2024.
William S. Schoonover,
Associate Administrator of Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2024-05250 Filed 3-12-24; 8:45 am]
BILLING CODE 4910-60-P
