Now is a Great Time to Request a DOT Special Permit
On January 12, 2026, the US Department of Transportation, Office of Hazardous Materials Safety (OHMS), stated in writing that it “will refrain from taking any enforcement action against a regulated party who defers the performance of an activity that would otherwise be required under the Federal pipeline or hazardous materials safety regulations” in specific circumstances.
Executive Order 14156
This action is limited in scope to activities that relate to the current “national energy emergency,” created by the issuance of presidential Executive Order 14156, specifically regarding impacts to the “West Coast of the United States, Northeast of the United States, and Alaska.” You must also demonstrate that there will be no “unreasonable risk to public safety, property, or the environment,” and file an application for a special permit
soon after “determining that the required activity should not be performed in response to the national energy emergency.” While specific in nature, there are many interpretations that can be made within these guidelines to the benefit of our clients.
Enforcement Safeguards
Surprisingly, the letter continues by issuing a rare statement of protection: “regulated parties may rely on this notice as a temporary safeguard from PHMSA regulatory enforcement as described herein.” However, based on the nature of directives such as these, the agency goes on to state that the letter “does not have the force and effect of law.”
Recommendations
While promising, we don’t recommend pushing any boundaries. It’s unknown how DOT personnel on the ground will interpret the letter and care must be taken to ensure compliance with the details therein. Due to the nature of executive actions such as these, we’re always weary about timeframe and scope of effectiveness. Executive action is temporary in nature, demonstrated by a complete reversal from the last administration. Just 18 months ago we pleaded with the same agency to forgo enforcement action for those that merely apply for Special Permit Party Status and DOT renewals because the agency was performing full investigations during clerical tasks. Merely asking for a Special Permit equated to admitting fault for non-compliance, completely eroding trust in the regulatory framework.
For that reason, we are now encouraging clients that have been apprehensive about implementing a Special Permit, questioning actions related to regulated activities, or waiting for the right time to ask for “forgiveness” (instead of “permission”) to act now and secure approvals under this current administration.
Take Advantage Today
It appears that DOT PHMSA has been instructed to focus on risk-based safety and not on administrative traps. We don’t know how long this will last, so we encourage you to take advantage of the current regulatory environment.
For questions regarding the details of the letter, DOT Special Permit process, or for guidance regarding the Hazardous Materials Regulations, we’re here to help. Reach out today for a no-obligation consultation, focusing on your specific requirement:
Click this link for the full Notice of Limited Enforcement Discretion and Statement of Policy for Issuing Special Permits in Response to National Energy Emergency issued by the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA).