
[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5305-5306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2305]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2011-0283; Notice No. 12-2]


Hazardous Materials: Special Permit and Approval Applicant 
Fitness Determinations; Public Meeting

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

ACTION: Notice of public meeting.

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SUMMARY: This notice is to advise interested persons that PHMSA will 
conduct a public meeting to discuss Special Permit and Approval 
applicant fitness determinations. The public meeting, to be held on 
February 29, 2012, in Washington, DC, is intended to provide interested 
persons with an opportunity to submit oral comments and participate in 
discussions concerning the criteria used when determining an 
applicant's minimum level of fitness.

DATES: Public Meeting: Wednesday, February 29, 2012; starting at 1 p.m. 
and ending by 4 p.m.

ADDRESSES: The meeting will be held at the U.S. DOT Headquarters, West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590. The main 
visitor's entrance is located in the West Building, on New Jersey 
Avenue and M Street. Upon entering the lobby, visitors must report to 
the security desk. Visitors should indicate that they will be attending 
the Special Permit and Approval Applicant Fitness Determinations Public 
Meeting and wait to be escorted to the meeting location.
    Notification: Any person wishing to participate in the public 
meeting should send an email to approvals@dot.gov and include their 
name and contact information (Organization/Address/Telephone Number) no 
later than the close of business on February 22, 2012. Providing this 
information will facilitate the security screening process for entry 
into the building on the day of the meeting.
    Conference Call Capability/Live Meeting Information: Conference 
call-in and ``live meeting'' capability will be provided for this 
meeting. Specific information on the call-in and live meeting access 
will be posted when available at: http://www.phmsa.dot.gov/hazmat.
    Documentation: Copies of documents for the Special Permit and 
Approval Applicant Fitness Determinations Public Meeting and the 
meeting agenda will be posted by February 15, 2012, at: http://www.phmsa.dot.gov/hazmat.
    Comment Submission: Stakeholders may submit comments prior to, or 
after the February 29, 2012 public meeting, by identification of the 
docket number (PHMSA-2011-0283) by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-(202) 493-2251.
     Mail: Docket Operations, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the 
ground floor of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number for this public meeting notice at the beginning of the 
comment. All comments received will be posted without change to http://www.regulations.gov, including any personal information.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see Comment Submission).

FOR FURTHER INFORMATION CONTACT: Mr. Arthur Pollack, Approvals and 
Permits Division, Office of Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration, Department of 
Transportation, Washington, DC 20590; (202) 366-4512 and 
arthur.pollack@dot.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The Pipeline and Hazardous Materials Safety Administration (PHMSA) 
has the primary responsibility for the issuance of DOT special permits 
and approvals under the 49 CFR parts 100-185. A Special Permit is a 
document that authorizes a person to perform a function that is not 
otherwise permitted under the Hazardous Materials Regulations (HMR). An 
Approval is a written consent, including a competent authority 
approval, to perform a function that requires prior consent under the 
HMR.
    Applicants are required by the HMR to request an approval from 
PHMSA for the classification of explosives, fireworks, organic 
peroxides, and self-reactive materials. Approvals are also required 
when package design types vary from the design or test standards 
specified in the regulations and for persons performing certain 
activities requiring approval (e.g., visual cylinder re-qualifiers). An 
Approval can only be issued if there is a specific approval citation in 
the HMR.
    In accordance with 49 CFR 107.113(f), PHMSA may grant a special 
permit on a finding that an applicant is fit to conduct the activity 
authorized by the special permit. In accordance with 49 CFR 107.709(d), 
PHMSA may grant an approval on a finding that an applicant is fit to 
conduct the activity authorized by the approval. PHMSA may determine an 
applicant's fitness through the information in the application, prior 
compliance history of the applicant, and other information available to 
the Associate Administrator.
    On August 19, 2010, PHMSA held a public meeting to provide for 
public participation in the discussion concerning the criteria used to 
determine an applicant's minimum level of fitness. The meeting allowed 
interested parties to inform PHMSA of the concerns about its fitness 
evaluation process.
    Since the meeting, PHMSA has been working collaboratively and 
diligently with its partners in other DOT operating administrations to 
obtain the necessary fitness data to conduct accurate and efficient 
fitness determinations. PHMSA has in addition been working closely with 
its regulatory (modal) partners to deliver quantitative data that can 
be used to further develop an automated fitness review process.

[[Page 5306]]

II. Purpose of Public Meeting

    PHMSA is considering revising the fitness determination criteria to 
streamline the application process while maintaining the focus on 
safety. PHMSA is holding a public meeting to provide an opportunity for 
all interested parties to comment on the fitness review process.
    Specifically, PHMSA seeks comments relative to the use of the U.S. 
DOT's Hazmat Intelligence Portal (HIP) data, the potential use of 
alternative sources of fitness data, and other information that should 
be considered during the fitness review process.
    Please note that stakeholders are encouraged to submit their 
comments to the Docket (PHMSA-2011-0283) prior to the February 29, 2012 
meeting, and through a 30 day comment period ending on March 30, 2012. 
(Please see the Comment Submission section above.) Furthermore, in 
order to collect the verbal comments quickly and accurately, PHMSA will 
be employing a stenographer (court reporter) to transcribe the meeting 
dialogue into written notes. The notes (meeting minutes) will be placed 
in the Docket at a later date, when ready.

    Issued in Washington, DC, on January 27, 2012.
Magdy El-Sibaie,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2012-2305 Filed 2-1-12; 8:45 am]
BILLING CODE 4910-60-P


