Both special permits and approvals (E&A) provide authorizations to the Hazardous Materials Regulations. They can be looked at as an extension of the regulations. Since many unusual shipping situations as well as innovative ideas and technological advances take place, the E&A Programs provide relief on a case by case basis.

The biggest difference between a special permit and an approval is the fact that an approval document can only be issued if there is a specific approval in the Regulations that allows the Office of Hazardous Materials Safety to provide relief from the regulations. If there is no specific approval, the relief sought must be in the form of a special permit.

The following listing sets forth the major similarities and differences between special permit and approval documents:

• Both Special Permits and Approvals cover a broad set of circumstances.
• Both are used to provide relief from the Regulations when circumstances require an exception to the rule.
• Both require a written document to be issued to the holder.
• Both require a level of safety that is equal to or greater than the present Regulations consistent with public interest.
• Both require cost and safety justification.

• An approval requires a specific cite in the Regulations in order to provide relief or change. (Look for words “may be used when approved by the Associate Administrator for Hazardous Materials Safety.”)
• A summary of the special permit application is published in the Federal Register on a monthly basis. Generally, applications for approvals are not published. (On occasion, certain approval applications are published when public comments are requested.)
• Certain special permits allow persons to become a party-to an existing special permit. Approvals do not. Each applicant must apply and get his own approval.
• Special Permits have an expiration date (generally 2 years). The majority of approvals do not expire. They are usually valid indefinitely unless terminated by the Associate Administrator for Hazardous Materials Safety, there is a change in the product or circumstances, or the Regulations are changed.

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