On April 19, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Delays in Processing of Special Permit Applications in the Federal Register.
In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA published a list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.
In the Modification to Special Permits List contained in the Federal Register, PHMSA lists nineteen pending applications. While two applications are “awaiting additional information from the applicant”, the remainder of the applications cite the reason for delay as “being technically complex and is of significant impact or precedent-setting and requires extensive analysis.” Please note that PHMSA has significantly reduced the number of outstanding applications over the past two months.
The volume of special permit applications has increased, and new applicants should allow for the additional time required to process the application. PHMSA still accepts filings that do not use the online system, which may account for certain processing delays. In the case of renewals, if the holder files an application for renewal that is complete and conforms to the requirements of 49 CFR 107.109 at least 60 days before the special permit expires; the exemption will not expire until final administrative action on the application for renewal has been taken.
For further information or questions regarding the permit application process or a specific application, contact Ronce Almond at (202) 457-7790.