Hazardous Materials: Notice of Applications for New Special Permits, 26728-26729 [2019-11968]
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices
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to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Background
On February 27, 2019, FMCSA
published a FR notice (84 FR 6463)
announcing receipt of applications from
seven individuals treated with ICDs and
requested comments from the public.
These seven individuals requested an
exemption from 49 CFR 391.41(b)(4)
which prohibits operation of a CMV in
interstate commerce by persons with a
current clinical diagnosis of myocardial
infarction, angina pectoris, coronary
insufficiency, thrombosis, or any other
cardiovascular disease of a variety
known to be accompanied by syncope,
dyspnea, collapse, or congestive heart
failure. The public comment period
closed on March 29, 2019, and three
comments were received.
FMCSA has evaluated the eligibility
of these applicants and concluded that
granting these exemptions would not
provide a level of safety that would be
equivalent to or greater than, the level
of safety that would be obtained by
complying with the regulation 49 CFR
391.41(b)(4). A summary of each
applicant’s medical history related to
their ICD exemption request was
discussed in the February 27, 2019,
Federal Register notice and will not be
repeated in this notice.
In reaching the decision to deny these
exemption requests, the Agency
considered information from the
Cardiovascular Medical Advisory
Criteria, the April 2007 Evidence Report
‘‘Cardiovascular Disease and
Commercial Motor Vehicle Driver
Safety, a December 2014 focused
research report ‘‘Implantable
Cardioverter Defibrillators and the
Impact of a Shock in a Patient When
Deployed.’’ Copies of the reports are
included in the docket.
FMCSA has published advisory
criteria to assist medical examiners in
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce. [Appendix A to Part 391—
Medical Advisory Criteria, section D,
paragraph 4]. The advisory criteria for
49 CFR 391.41(b)(4) indicates that
coronary artery bypass surgery and
pacemaker implantation are remedial
procedures and thus, not medically
disqualifying. Implantable cardioverter
defibrillators are disqualifying due to
risk of syncope.
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III. Discussion of Comments
FMCSA received three comments in
this proceeding. All three commenters
were private citizens in support of
granting ICD exemptions to these three
individuals.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption if it
finds such an exemption would likely
achieve a level of safety that is
equivalent to, or greater then, the level
that would be achieved absent such an
exemption.
The Agency’s decision regarding these
exemption applications is based on an
individualized assessment of each
applicant’s medical information
provided by the applicant, available
medical and scientific data concerning
ICD’s, and public comments received.
In the case of persons with ICDs, the
underlying condition for which the ICD
was implanted places the individual at
high risk for syncope (a transient loss of
consciousness) or other unpredictable
events known to result in gradual or
sudden incapacitation. ICDs may
discharge, which could result in loss of
ability to safely control a CMV. See the
April 2007 Evidence Report on
Cardiovascular Disease and Commercial
Motor vehicle Driver Safety, April
2007.1 A focused research report on
Implantable Cardioverter Defibrillators
and the Impact of a Shock on a Patient
When Deployed completed for the
FMCSA December 2014 indicates that
the available scientific data on persons
with ICDs and CMV driving does not
support that persons with ICDs who
operate CMVs are able to meet an equal
or greater level of safety and upholds
the findings of the April 2007 report.
V. Conclusion
The Agency has determined that the
available medical and scientific
literature and research provides
insufficient data to enable the Agency to
conclude that granting these exemptions
would achieve a level of safety
equivalent to, or greater than, the level
of safety maintained without the
exemption. Therefore, the following
applicants have been denied
exemptions from the physical
qualification standards in 49 CFR
391.41(b)(4):
Mark Caviola (NY)
John J. Groff (PA)
Kevin L. Krueger (NE)
Michael R. Miller (CA)
Anthony Saitta (NY)
William Allen Spivey (NC)
1 Now available at https://ntl.bts.gov/lib/30000/
30100/30123/Final_CVD_Evidence_Report_v2.pdf.
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Aaron J. Thomas (GA)
Each applicant has, prior to this
notice, received a letter of final
disposition regarding his/her exemption
request. Those decision letters fully
outlined the basis for the denial and
constitutes final action by the Agency.
The list published today summarizes
the Agency’s recent denials as required
under 49 U.S.C. 31315(b)(4).
Issued on: May 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–11946 Filed 6–6–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Hazardous Materials: Notice of
Applications for New 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, 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.
DATES: Comments must be received on
or before July 8, 2019.
ADDRESSES: 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
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.
SUMMARY:
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Notices
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.
SUPPLEMENTARY INFORMATION:
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)).
26729
Issued in Washington, DC, on June 3, 2019.
Donald P. Burger,
Chief, General Approvals and Permits
Branch.
SPECIAL PERMITS DATA
Application
No.
Applicant
Regulation(s)
affected
Nature of the Special Permits thereof
20879–N .......
AVIALL SERVICES, INC ........
20881–N .......
ARKEMA INC ..........................
172.200, 172.300, 172.400,
173.159(j), 173.159(j)(3),
173.159(j)(4).
172.102(c)(7) ...........................
20882–N .......
STANLEY BLACK & DECKER, INC.
173.6(a)(1)(ii), 173.6(d) ...........
20887–N .......
ERA HELICOPTERS, LLC ......
172.101(j) ................................
20892–N .......
NATURAL CHOICE CORPORATION.
DAIMLER AG ..........................
172.200, 172.300, 172.500,
172.400.
173.220(d) ...............................
To authorize the transportation in commerce of nickel-cadmium batteries as not subject to the requirements of the
HMR. (modes 1, 4, 5).
To authorize the transportation in commerce of certain Class
3 hazardous materials in non-UN portable tanks. (mode 1)
To authorize the transportation in commerce of lithium ion
batteries as materials of trade when each package has a
gross mass exceeding 30 kg and the aggregate weight exceeds 200 kg. (mode 1).
To authorize the transportation of lithium ion batteries aboard
a passenger-carrying aircraft operating in a helicopter air
ambulance configuration. (mode 5).
To authorize the transportation in commerce of DOT 3AL cylinders with alternate hazard communication. (mode 1).
To authorize the transportation in commerce of untested lithium batteries contained in a flammable liquid powered vehicle. (mode 4).
20893–N .......
Regulations, notice is hereby given that
the Office of Hazardous Materials Safety
has received the application described
herein.
[FR Doc. 2019–11968 Filed 6–6–19; 8:45 am]
BILLING CODE 4909–60–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Hazardous Materials: Notice of Actions
on Special Permits
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of actions on special
permit applications.
AGENCY:
In accordance with the
procedures governing the application
for, and the processing of, special
permits from the Department of
Transportation’s Hazardous Material
SUMMARY:
Application No.
Comments must be received on
or before July 8, 2019.
ADDRESSES: 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
Hazardous Materials Approvals and
Permits Division, Pipeline and
Hazardous Materials Safety
DATES:
Applicant
Regulation(s) affected
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 June 03,
2019.
Donald P. Burger,
Chief, General Approvals and Permits
Branch.
Nature of the special permits thereof
SPECIAL PERMITS DATA—Granted
5022–M ..............
DEPARTMENT OF DEFENSE (MILITARY SURFACE DEPLOYMENT &
DISTRIBUTION COMMAND).
UNIVATION TECHNOLOGIES, LLC.
174.84, 174.101(l),
174.112(a), 176.116(e),
176.138(b), 177.834(l)(1).
To modify the special permit to ensure safe testing of all
size fuel tanks.
173.242(c) ..............................
16461–M ............
CYLINDER SALES AND
TESTING, LLC.
172.203(a), 172.301(c),
173.302a(b), 180.205.
20651–M ............
ATIEVA USA, INC .................
172.101(j) ...............................
To modify the special permit to authorize the 5 year periodic
pressure test to be performed pneumatically with nitrogen
and to allow party status to the permit.
To modify the special permit to remove the annual gain
control accuracy test and replace it with a onetime check
at manufacture.
To modify the special permit to authorize additional packaging.
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]]>Agencies
[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26728-26729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11968]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
Hazardous Materials: Notice of Applications for New Special
Permits
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: List of applications for special permits.
-----------------------------------------------------------------------
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, 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 July 8, 2019.
ADDRESSES: 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.
[[Page 26729]]
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 June 3, 2019.
Donald P. Burger,
Chief, General Approvals and Permits Branch.
Special Permits Data
------------------------------------------------------------------------
Nature of the
Application No. Applicant Regulation(s) Special Permits
affected thereof
------------------------------------------------------------------------
20879-N......... AVIALL 172.200, To authorize the
SERVICES, INC. 172.300, transportation in
172.400, commerce of nickel-
173.159(j), cadmium batteries
173.159(j)(3), as not subject to
173.159(j)(4). the requirements of
the HMR. (modes 1,
4, 5).
20881-N......... ARKEMA INC..... 172.102(c)(7).. To authorize the
transportation in
commerce of certain
Class 3 hazardous
materials in non-UN
portable tanks.
(mode 1)
20882-N......... STANLEY BLACK & 173.6(a)(1)(ii) To authorize the
DECKER, INC. , 173.6(d). transportation in
commerce of lithium
ion batteries as
materials of trade
when each package
has a gross mass
exceeding 30 kg and
the aggregate
weight exceeds 200
kg. (mode 1).
20887-N......... ERA 172.101(j)..... To authorize the
HELICOPTERS, transportation of
LLC. lithium ion
batteries aboard a
passenger-carrying
aircraft operating
in a helicopter air
ambulance
configuration.
(mode 5).
20892-N......... NATURAL CHOICE 172.200, To authorize the
CORPORATION. 172.300, transportation in
172.500, commerce of DOT 3AL
172.400. cylinders with
alternate hazard
communication.
(mode 1).
20893-N......... DAIMLER AG..... 173.220(d)..... To authorize the
transportation in
commerce of
untested lithium
batteries contained
in a flammable
liquid powered
vehicle. (mode 4).
------------------------------------------------------------------------
[FR Doc. 2019-11968 Filed 6-6-19; 8:45 am]
BILLING CODE 4909-60-P
