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Special Permits and State Waivers

Special Permits

A special permit (previously called a waiver) is an order that waives or modifies compliance with a regulatory requirement if the pipeline operator requesting it demonstrates the need and PHMSA determines that granting a special permit would be consistent with pipeline safety. Special permits are authorized by statute in 49 USC § 60118(c) and the application process is set forth in 49 CFR 190.341. PHMSA performs extensive technical analysis on special permit applications and typically conditions a grant of a special permit on the performance of alternative measures that will provide an equal or greater level of safety. PHMSA is committed to public involvement and transparency in special permit proceedings and publishes notice of every special permit application received in the Federal Register for comment.

State Waivers

A state waiver is similar to a special permit, except that it waives or modifies compliance with a regulation adopted by the state pursuant to its participation in the pipeline safety program under a certification authorized by 49 USC § 60105 or an agreement authorized by 49 USC § 60106. Prior to issuing a state waiver, the state is required to provide PHMSA with a 60 day review period.

Special Permits Information
Background Information on Special Permits and Emergency Special Permits
Relevant Documents: Minimum Federal Safety Standards
Federal Register Notices Related to Special Permit Applications
 
77 FR 58623 Pipeline Safety: Request for Special Permit Sep 21, 2012
 
77 FR 34458 - Request for Special Permit Pipeline Safety: Request for Special Permit Jun 11, 2012
 
76 FR 26793 - Request for Special Permit Pipeline Safety: Request for Special Permit May 9, 2011
 
76 FR 21423 - Requests for Special Permits Pipeline Safety: Request for Special Permit Apr 15, 2011
 
76 FR 11853 - Requests for Special Permit Pipeline Safety: Request for Special Permit Mar 3, 2011
 
75 FR 66425 - Request for Special Permit Pipeline Safety: Request for Special Permit Oct 28, 2010
 
74 FR 4296 - Request for Special Permit Pipeline Safety: Request for Special Permit Jan 23, 2009
 
73 FR 5263 - Special Permits Granted Pipeline Safety: Special Permits Grante Jan 28, 2008
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