Using Special Permits without Grantee Status: § 173.22a

Can you use a Department of Transportation (DOT) Special Permit (SP) that is not your own?

An important rule, sometimes not re-stated in an applicable Special Permits, is 49CFR § 173.22a covering “Use of packagings authorized under special permits.”

Section a of § 173.22a clearly states that a Special Permit may not be used unless you are the Grantee of the SP or have “party status” authorization from the Department of Transportation (DOT):

(a) Except as provided in paragraph (b) of this section, no person may offer a hazardous material for transportation in a packaging the use of which is dependent upon an exemption or special permit issued under subpart B of part 107 of this title, unless that person is the holder of or a party to the exemption or special permit.

This would create a very serious issue for anyone transporting dangerous goods in a Special Permit container, or filling, shipping, or requalifying a DOT SP package (like a cylinder). Most SPs do not allow for additional Grantees (party status); therefore all of these activities would be prohibited without a letter of authorization from the Department of Transportation as a Grantee to the Special Permit or a separate DOT SP entirely.

Section b of § 173.22a solves that problem by allowing the use of a package for the transportation of a hazardous material:

(b) If an exemption or special permit authorizes the use of a packaging for the transportation of a hazardous material by any person or class of persons other than or in addition to the holder of the exemption or special permit, that person or a member of that class of persons may use the packaging for the purposes authorized in the exemption or special permit subject to the terms specified therein…

So, this is how some Special Permits can be used without being a Grantee or having party status authorization!

Remember that each term of the SP still applies and so does the rest of 49CFR, including training requirements. This can be an exceptional regulatory burden considering the requirements outlined in DOT Letter of Interpretation 08-0023. Each hazmat employee that utilizes any aspect of a Special Permit must have specific training on every SP they use, as it relates to their specific job function.

For assistance determining if a Special Permit can be used in your operation or help with DOT-compliant Special Permit training, contact us for a free consultation today.