Each application for a special permit or modification of a special permit must:

1. Be submitted in duplicate and, for timely consideration, at least 120 days before the requested effective date to: Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Admin., U.S. Department of Transportation, 1200 New Jersey Avenue, SE, East Building, 2nd Floor (PHH) Washington, DC 20590, Attention: PHH-31.
2. State the name, street, mailing address, telephone number of the applicant; or an individual designated as an agent of the applicant.
3. If the applicant is not a resident of the United States, the applicant must designate an agent for service in accordance with 49 CFR 105.40.
4. For a manufacturing special permit, one must provide a statement of the name and street address of each facility where manufacturing under the special permit will occur.
5. If confidential treatment is requested, the applicant must comply with 49 CFR 105.30(a).
6. State the citation(s) of the specific regulation from which relief is sought.
7. Specify the proposed mode or modes of transportation.
8. Provide a detailed description of the proposed special permit (e.g., alternative packaging, test, procedure or activity) including, as appropriate, written descriptions, drawings, flow charts, plans and other supporting documents.
9. Specify the proposed duration or schedule of events for which the special permit is sought.
10. Provide a statement outlining the applicant’s basis for seeking relief from compliance with the specified regulations and, if the special permit is requested for a fixed period, a description of how compliance will be achieved at the end of that period.
11. If an emergency special permit is requested, the applicant must comply with 49 CFR 107.117 [Text | PDF] and provide a statement of supporting facts and reasons.
12. Identify and describe the hazardous materials planned for transportation under the special permit.
13. Provide a description of each package, and include a specification or special permit number, as applicable, to be used in conjunction with the requested special permit.
14. For alternative packagings, the applicant must provide documentation of quality assurance controls, package design, manufacture, performance test criteria, in-service performance and service-life limitation.
15. The application must demonstrate that a special permit achieves a level of safety at least equal to that required by regulation, or if a required safety level does not exist, is consistent with the public interest. At a minimum the application must provide the following:
    • Information describing all relevant shipping and incident experience of which the applicant is aware that relates to the application.
    • A statement identifying any increased risk to safety or property that may result if the special permit is granted and a description of the measures to be taken to address that risk.
    • Either substantiation, with applicable analyses, data or test results, that the proposed alternative will achieve a level of safety that is at least equal to that required by the regulation from which the special permit is sought; or
    • If the regulations do not establish a level of safety, an analysis that identifies each hazard, potential failure mode and the probability of its occurrence, and how the risks associated with each hazard and failure mode are controlled for the duration of an activity or life-cycle of a packaging.

49 CFR 107.105 [Text | PDF]-- contains information on applying for a special permit as outlined above.
49 CFR 107.107 [Text | PDF]-- contains information on how to become party-to a special permit.
49 CFR 107.109 [Text | PDF]-- contains information on how to renew a special permit.
49 CFR 107.111 [Text | PDF]-- explains how a special permit request is to be withdrawn.
49 CFR 107.113 [Text | PDF]-- explains how the special permit is processed, docketed and evaluated.
49 CFR 107.117 [Text | PDF]-- explains how to file for an emergency special permit & the necessary justification.
49 CFR 107.121 [Text | PDF]-- explains the modification, suspension or termination process.
49 CFR 107.125 [Text | PDF]-- relates to the appeal process.