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GAWDA General Counsel Rick Schweitzer testified at a February 29 public meeting at the U.S. Department of Transportation on fitness determinations for special permit and approval applications. The Pipeline and Hazardous Materials Safety Administration asked participants for input on what constitutes “fitness” to conduct the activity requested in the special permit or approval. In his testimony, Schweitzer stated that PHMSA should have posed this question in the context of a notice and comment rulemaking before imposing the latest standards for fitness determinations. He suggested that PHMSA follow the approach taken by the FMCSA in developing its fitness standards for motor carriers under the CSA program.

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