Rulemaking, Special Permits, and Preemption Requirements

This is a request for extension of an information collection for rulemaking, special permits, and preemption requirements. The information collection is voluntary for regulated entities who wish to submit a petition for a rulemaking, special permit application, or preemption determination. The information collected in this OMB control number, include those persons who are requesting a change to the regulations, applying for the allowance to perform a function other than what is prescribed in the HMR, or seeking a preemption determination. The petition for rulemaking and preemption determination information collection are reporting requirements, while the special permit application process is both a reporting and recordkeeping requirement. The information is collected as needed. The information collected is used in PHMSA’s review process for determining the merits of petitions for rulemaking, special permit applications, and preemption determinations, and requires the submission of specific details on the reason for application. For a special permit, enforcement officials of the DOT will review the special permit at a reasonable time and location to ensure that the special permit holder is complying with the requirements outlined in the special permit authorization. The requested changes come from a final rule published on March 4, 2024, titled “Adoption of Miscellaneous Petitions and Updating Regulatory Requirements” [HM-219D; 89 FR 15636]. This final rule updates, clarifies, improves the safety of, or streamline various regulatory requirements. Specifically, this rulemaking responds to 18 petitions for rulemaking submitted by the regulated community between May 2018 and October 2020 that requests PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazard communication, and the incorporation by reference of certain documents.

The latest form for Rulemaking, Special Permits, and Preemption Requirements expires 2027-06-30 and is listed under ICR 202404-2137-001.

Petition for Rulemaking

Federal Enterprise Architecture: Transportation - Ground Transportation