September 2, 2025
Mr. Benjamin D. Kochman
Acting Administrator
Pipeline and Hazardous Materials Safety Administration
1200 New Jersey Avenue SE
Washington DC, 20590
RE: Hazardous Materials: Reducing Undue Paperwork Burdens to Domestic Carriers
Docket No. PHMSA-2025-0095
Mr. Kochman:
On behalf of the Transportation Trades Department, AFL-CIO (TTD), I am pleased to respond to the Pipeline and Hazardous Materials Safety Administration (PHMSA) notice of proposed rulemaking (NPRM) to revise the Hazardous Materials Regulations (HMR) to streamline the Hazardous Materials Regulations by allowing a grantee to file an application to renew a special permit or approval any time before its expiration date rather than requiring the application to be filed 60 days in advance. TTD consists of 39 affiliate unions representing millions of workers across every mode of transportation, including workers who may be directly impacted by this proposal.[1] For the reasons below, we respectfully request that the PHMSA rescind this proposed rule. Additionally, we endorse the comments filed in this docket by our affiliates, the Brotherhood of Locomotive Engineers and Trainmen (BLET) and the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD).
Background
The PHMSA is proposing to revise certain provisions in Part 107 of Chapter I of Title 49 of the Code of Federal Regulations (CFR) to eliminate unnecessary regulatory burdens. Specifically, PHMSA is proposing to revise the filing requirements in § 107.109(b) and 107.705(c) for special permits and approvals. The current requirements in § 107.109(b) for special permits and § 107.705(c) for approvals state that an applicant must apply for a renewal at least 60 days before an existing special permit or approval expires. The PHMSA claims that this proposed revision would streamline the renewal process by allowing for the grantee to apply for a renewal any time up until the expiration of the current special permit.
Filing Deadlines
TTD objects to the PHMSA’s proposed change to allow applicants to apply for renewal of existing special permits at any time until the permit expires. Removing the 60-day filing requirement will disincentivize timely renewal of special permits, as well as reduce transparency. The PHMSA’s proposal stipulates that an existing permit, if the application for renewal is received prior to the expiration date, would not expire prior to final administrative action on the application has been taken. If the PHMSA moves forward with removing the 60-day requirement, applicants could continue to operate with a special permit that would otherwise have been terminated. For instance, the agency generally makes a determination on the renewal application for a special permit within 15 days of receipt. When applications are received 60 days prior to expiration, as currently required, and the agency rejects or denies the application, the deficient or unsafe special permit would be suspended much sooner than if the application for renewal had been filed shortly prior to expiration. Simply put, the PHMSA’s proposal could allow special permits it would have deemed unsafe to continue to be in effect for weeks longer than under the current system.
Conclusion
Given the potential safety concerns resulting from the PHMSA’s proposed rule, we respectfully request that the agency withdraw its proposal. We appreciate the opportunity to comment on this matter and look forward to working with the PHMSA in the future.
Sincerely,
Greg Regan
President
[1] Attached is a complete list of the unions affiliated with TTD.