Hazardous Materials: Notice of Applications for Special Permits, 16275-16276 [2016-05922]

Download as PDF Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices to the public pursuant to the library provision of copyright law. See 17 U.S.C. 108. Congress necessarily made the decision in enacting MAP–21, that copyright law does not restrict NHTSA from publicly posting copies of all manufacturer communications received by the Agency pursuant to 49 U.S.C. 30166(f) on its Web site. Indeed, 49 U.S.C. 30166(f) expressly requires the Agency to do so. MAP–21 trumps the limited waiver of sovereign immunity for copyright infringement claims. See 28 U.S.C. 1498(b). Congress could not have intended to allow manufacturers to assert copyright infringement against the federal government based on the Agency’s publication of service bulletins and other manufacturer communications on its Web site in light of the express statutory requirement that the Agency do so. See Food & Drug Admin. v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 143 (2000) (‘‘The classic judicial task of reconciling many laws enacted over time, and getting them to ‘make sense’ in combination, necessarily assumes that the implications of a statute may be altered by the implications of a later statute. This is particularly so where the scope of the earlier statute is broad but the subsequent statutes more specifically address the topic at hand . . . . [A] specific policy embodied in a later federal statute should control our construction of the earlier statute, even though it has not been expressly amended.’’) (internal quotation marks, brackets, and citations omitted). Because the law directs the Agency to make manufacturer communications publicly available on its Web site, the Agency is acting to effectuate the law. The Agency will post on its Web site those manufacturer communications submitted to the Agency on or after the October 1, 2012 effective date of MAP– 21 that are not already available on the Agency’s Web site. Going forward, the Agency intends to post to its public Web site all manufacturer communications submitted pursuant to 49 U.S.C. 30166(f), including documents asabaliauskas on DSK3SPTVN1PROD with NOTICES Application number Docket number submitted pursuant to 49 CFR 573.6(c)(10) or 579.5. The Agency will also post manufacturer indexes for communications submitted to the Agency on or after October 1, 2012 on a rolling basis as compliant indexes are received. The Agency intends to make manufacturer indexes available in a searchable format. Applicability/Legal Statement: This Enforcement Guidance Bulletin sets forth NHTSA’s current interpretation and thinking on this topic and guiding principles and best practices to be utilized in complying with the legal requirements of 49 U.S.C. 30166(f). This Bulletin is not a final agency action and is intended as guidance only. This Bulletin is not intended, nor can it be relied upon, to create any rights enforceable by any party against NHTSA, the Department of Transportation, or the United States. Moreover, these recommended practices to not establish any defense to any violations of the statutes and regulations that NHTSA administers. This Bulletin may be revised without notice to reflect changes in NHTSA’s evaluation and analysis, or to clarify and update text. Authority: 49 U.S.C. 30101, et seq.; 49 U.S.C. 30165(a)(3), 30166(f); delegations of authority at 49 CFR 1.95(a), 501.2(a)(1), 501.5. Issued on: March 21, 2016. Paul A. Hemmersbaugh, Chief Counsel. [FR Doc. 2016–06759 Filed 3–24–16; 8:45 am] BILLING CODE 4910–59–P 16275 for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ‘‘Nature of Application’’ portion of the table below as follows: 1—Motor vehicle, 2—Rail freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passengercarrying aircraft. Comments must be received on or before April 25, 2016. Address comments to: Record Center, Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation Washington, DC 20590. Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a selfaddressed stamped postcard showing the special permit number. DATES: FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of Hazardous Materials Approvals and Permits Division, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington, DC 20590–0001, (202) 366– 4535. Copies of the applications are available for inspection in the Records Center, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington, DC or at https://regulations.gov. This notice of receipt of applications for special permit is published in accordance with Part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)). SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Hazardous Materials: Notice of Applications for Special Permits Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: List of applications for special permits. AGENCY: In accordance with the procedures governing the application SUMMARY: Applicant Regulation(s) affected Issued in Washington, DC, on March 10, 2016. Donald Burger, Chief, Office of the Special Permits and Approvals. Nature of the special permits thereof SPECIAL PERMITS DATA 20205–N ........ ........................ Tier Holdings, LLC ......... 173.244 .................................. 20213–N ........ ........................ West Cryogenics, Inc ..... 172.203(a), 172.301(c), 180.211(c)(2)(i). VerDate Sep<11>2014 18:30 Mar 24, 2016 Jkt 238001 PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 To authorize the one-time movement of a tank built in accordance with ASME section VIII Div. 1. 2013 containing no more than 3,500 pounds of sodium metal. To authorize the repair of certain DOT 4L cylinders without requiring pressure testing to the internal jacket. E:\FR\FM\25MRN1.SGM 25MRN1 16276 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices Application number Docket number 20214–N ........ ........................ University of Southern California. 20215–N ........ ........................ Pollux Aviation, Ltd ........ 20217–N ........ ........................ Nuance Medical, LLC .... 20218–N ........ ........................ Tremear, Inc .................. 20219–N ........ ........................ Coastal Helicopters, Inc 20220–N ........ ........................ Agility Fuel Systems, Inc 20221–N ........ ........................ Comet Technologies USA, Inc. 20224–N ........ ........................ Axalta Coating Systems, LLC. Applicant [FR Doc. 2016–05922 Filed 3–24–16; 8:45 am] BILLING CODE 4909–60–M DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Hazardous Materials: Notice of Applications for Special Permits Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: List of Applications for Special Permits. AGENCY: In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:30 Mar 24, 2016 Jkt 238001 Regulation(s) affected 177.817, 177.823(a), 172.200, 172.300, 172.602(c)(1), 172.604(a)(3), 172.400. To authorize the transportation in commerce of certain waste materials on approximately 0.4 mile of public roads without being subject to certain hazard communication requirements. 175.30(a)(1), 172.101(j) ......... To authorize the transportation in commerce of diesel and gasoline in amounts that exceed the quantity limitations for transportation by 14 CFR part 133 Rotorcraft External Load Operations transporting hazardous materials attached to or suspended from an aircraft in remote areas of the U.S. only, when no other means of transportation are available. 171.23(b), 171.8, To authorize the transportation in commerce of 173.304a(a)(1), certain Division 2.1 gases in a DOT 2Q con173.306(a)(3). tainer. 178.345–2, 178.346–2, To authorize the manufacture, marking, sale, and 178.347–2(a), 178.348–2(a). use of DOT 400 series cargo tank motor vehicles fabricated using materials not authorized in § 178.345–2, and thicknesses not authorized in §§ 178.346–2, 178.347–2 and 178.348–2. 175.30(a)(1), 175.75, To authorize the transportation in commerce of 172.101(j), 172.101(j)(1), certain hazardous materials by 14 CFR part 172.200(a), 172.204(c)(3), 133 Rotorcraft External Load Operations, trans172.300(a), 172.300(b), porting hazardous materials attached to or sus173.27(b)(2). pended from an aircraft, in remote areas of the U.S. only, without being subject to hazard communication requirements, quantity limitations and certain loading and stowage requirements. 173.220(a) .............................. To authorize the transportation in commerce of compressed natural gas fuel systems that are not part of an internal combustion engine. 173.304a(a)(2) ....................... To authorize the transportation in commerce of a Division 2.2 gas in a non-DOT specification pressure vessel. 172.504(a), 173.242, To authorize the transportation in commerce of 172.101(c)(10)(ii)(F)(iii), certain waste paints and paint related materials, 172.302a. Class 3, in metal or plastic pails, packed in rolloff containers. received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ‘‘Nature of Application’’ portion of the table below as follows: 1—Motor vehicle, 2—Rail freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passengercarrying aircraft. DATES: Comments must be received on or before April 25, 2016. ADDRESSES COMMENTS TO: Record Center, Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation Washington, DC 20590. Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a selfaddressed stamped postcard showing the special permit number. FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of PO 00000 Nature of the special permits thereof Frm 00150 Fmt 4703 Sfmt 4703 Hazardous Materials Approvals and Permits Division, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington, DC 20590–0001, (202) 366– 4535. SUPPLEMENTARY INFORMATION: Copies of the applications are available for inspection in the Records Center, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington, DC or at https://regulations.gov. This notice of receipt of applications for special permit is published in accordance with Part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(6); 49 CFR 1.53(b)). Issued in Washington, DC, on March 10, 2016. Donald Burger, Chief, Office of the Special Permits and Approvals. E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16275-16276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05922]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before April 25, 2016.
Address comments to: Record Center, Pipeline and Hazardous
Materials Safety Administration U.S. Department of Transportation
Washington, DC 20590.
Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001, (202) 366-4535.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC or at https://regulations.gov.
This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

Issued in Washington, DC, on March 10, 2016.
Donald Burger,
Chief, Office of the Special Permits and Approvals.

----------------------------------------------------------------------------------------------------------------
Regulation(s) Nature of the special
Application number Docket number Applicant affected permits thereof
----------------------------------------------------------------------------------------------------------------
SPECIAL PERMITS DATA
----------------------------------------------------------------------------------------------------------------
20205-N................. .............. Tier Holdings, LLC... 173.244............. To authorize the one-time
movement of a tank built
in accordance with ASME
section VIII Div. 1.
2013 containing no more
than 3,500 pounds of
sodium metal.
20213-N................. .............. West Cryogenics, Inc. 172.203(a), To authorize the repair
172.301(c), of certain DOT 4L
180.211(c)(2)(i). cylinders without
requiring pressure
testing to the internal
jacket.

[[Page 16276]]

20214-N................. .............. University of 177.817, 177.823(a), To authorize the
Southern California. 172.200, 172.300, transportation in
172.602(c)(1), commerce of certain
172.604(a)(3), waste materials on
172.400. approximately 0.4 mile
of public roads without
being subject to certain
hazard communication
requirements.
20215-N................. .............. Pollux Aviation, Ltd. 175.30(a)(1), To authorize the
172.101(j). transportation in
commerce of diesel and
gasoline in amounts that
exceed the quantity
limitations for
transportation by 14 CFR
part 133 Rotorcraft
External Load Operations
transporting hazardous
materials attached to or
suspended from an
aircraft in remote areas
of the U.S. only, when
no other means of
transportation are
available.
20217-N................. .............. Nuance Medical, LLC.. 171.23(b), 171.8, To authorize the
173.304a(a)(1), transportation in
173.306(a)(3). commerce of certain
Division 2.1 gases in a
DOT 2Q container.
20218-N................. .............. Tremear, Inc......... 178.345-2, 178.346- To authorize the
2, 178.347-2(a), manufacture, marking,
178.348-2(a). sale, and use of DOT 400
series cargo tank motor
vehicles fabricated
using materials not
authorized in Sec.
178.345-2, and
thicknesses not
authorized in Sec. Sec.
178.346-2, 178.347-2
and 178.348-2.
20219-N................. .............. Coastal Helicopters, 175.30(a)(1), To authorize the
Inc. 175.75, 172.101(j), transportation in
172.101(j)(1), commerce of certain
172.200(a), hazardous materials by
172.204(c)(3), 14 CFR part 133
172.300(a), Rotorcraft External Load
172.300(b), Operations, transporting
173.27(b)(2). hazardous materials
attached to or suspended
from an aircraft, in
remote areas of the U.S.
only, without being
subject to hazard
communication
requirements, quantity
limitations and certain
loading and stowage
requirements.
20220-N................. .............. Agility Fuel Systems, 173.220(a).......... To authorize the
Inc. transportation in
commerce of compressed
natural gas fuel systems
that are not part of an
internal combustion
engine.
20221-N................. .............. Comet Technologies 173.304a(a)(2)...... To authorize the
USA, Inc. transportation in
commerce of a Division
2.2 gas in a non-DOT
specification pressure
vessel.
20224-N................. .............. Axalta Coating 172.504(a), 173.242, To authorize the
Systems, LLC. 172.101(c)(10)(ii)( transportation in
F)(iii), 172.302a. commerce of certain
waste paints and paint
related materials, Class
3, in metal or plastic
pails, packed in roll-
off containers.
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[FR Doc. 2016-05922 Filed 3-24-16; 8:45 am]
BILLING CODE 4909-60-M

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