Lion Technology - Comment

On July 26, 2011, PHMSA published a response to petitions and correcting amendments to the procedures for special permit applications. Several of the objections questioned the utility of naming the CEO or President of a company on a special permit application. At 76 FR 4497, PHMSA agreed with the objections from COSTHA, and stated that they would revise the requirement and allow a special permit application to identify a senior corporate official with oversight of hazardous materials transportation in lieu of the President of CEO. The July 26 Federal Register did add the words "or ranking executive officer" to section 107.107(b)(3) for party-status applications, and to 107.109(a)(3) for renewal applications. But, there was no matching change to section 107.105(a)(2) for initial special permit applications. Was this an oversight? Does PHMSA intend to allow initial applications for special permits filed in conformance with 49 CFR 107.105(a)(2) to name a ranking executive officer with oversight over hazmat regulatory compliance in lieu of the CEO and/or President?