Hazardous Materials: Notice of Applications for New Special Permits, 48991-48992 [2019-20043]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 2019 / Notices II. Vehicles Involved: Approximately 977 MY 2015–2016 Mobility Ventures MV–1 vehicles, manufactured between December 22, 2014, and August 24, 2015, are potentially involved. III. Noncompliance: Mobility explains that the previous model year vehicles (2011–2014) were equipped with a 4.6L V8 powertrain with 6 ignition states and the engine was changed in model years (2015–2016) to a 3.7L V6 powertrain with 11 ignition states. Following the change, the supplier of the Electronic Brake Control Module (EBCM) incorrectly programmed the EBCM memory chip to recognize the possible power mode states. This issue led to the telltale warning lamp not illuminating to indicate an Electronic Stability Control (ESC) fault under certain starting conditions, thus, not complying with paragraph S5.3.3 of FMVSS No. 126. IV. Rule Requirements: Paragraph S5.3.3 of FMVSS No. 126, include the requirements relevant to this petition. As of September 1, 2011, except as provided in paragraphs S5.3.4, S5.3.5, S5.3.8, and S5.3.10, the ESC malfunction telltale must illuminate only when a malfunction of the ESC system exists and must remain continuously illuminated under the conditions specified in paragraph S5.3 for as long as the malfunction exists (unless the ‘‘ESC malfunction’’ and ‘‘ESC Off’’ telltale are combined in a two-part telltale and the ‘‘ESC Off’’ telltale is illuminated), whenever the ignition locking system is in the ‘‘On’’ (‘‘Run’’) position. V. Summary of Petition: Mobility described the subject noncompliance and stated its belief that the noncompliance is inconsequential as it relates to motor vehicle safety. In support of its petition, Mobility submitted the following reasoning: 1. Mobility submits that this nonconformity is inconsequential to vehicle safety. Mobility believes that this is a de minimis noncompliance with paragraph S5.3.3 of FMVSS No. 126 because the Traction Control Off warning lamp will illuminate when a fault is detected, either immediately if the Operator pauses with the key in the ‘‘ignition on’’ state before starting the vehicle, or upon driving if the vehicle is started without pausing in the ‘‘ignition on’’ state. While the correct telltale warning lamp does not illuminate, Operators are still alerted to the possibility of a malfunction with the ESC system by the illumination of the Traction Control Off warning lamp. 2. Notwithstanding the lack of a safety risk, Mobility and BWI (the EBCM Supplier) are developing a plug-and VerDate Sep<11>2014 17:05 Sep 16, 2019 Jkt 247001 play re-flashing tool that will permit uploading of revised software into the current EBCM installed in the vehicle. This revised software correctly tracks the ignition sequences required by FMVSS No. 126, and fully corrects the observed noncompliance. Re-flashing is the preferred repair-solution. Currently the only available way to update the EBCM’s software is to remove and replace the entire electrical and hydraulic unit with one that has had its software updated. Mobility is preparing to implement this re-flashing solution as required. 3. Mobility has notified its dealers to stop sale of any affected MV–1 vehicles that may be in their dealer inventory (new, used or demonstrator) until the EBCM software is updated. While Mobility does not believe that this technical noncompliance poses a safety risk, Mobility Ventures authorized dealers will perform EBCM unit replacement or re-flashing (when available) free-of-charge when vehicle owners present to Dealers for service. 4. Mobility is not aware of any issues with the performance of the ESC system. As of February 2018, Mobility has not received any warranty claims, field reports, or information about injuries or crashes related to the performance of the ESC. Mobility concluded by expressing the belief that the subject noncompliance is inconsequential as it relates to motor vehicle safety, and that its petition to be exempted from providing notification of the noncompliance, as required by 49 U.S.C. 30118, and a remedy for the noncompliance, as required by 49 U.S.C. 30120, should be granted. Mobility’s complete petition and all supporting documents are available by logging onto the Federal Docket Management System (FDMS) website at: https://www.regulations.gov and by following the online search instructions to locate the docket number listed in the heading of this notice. NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 30120(h)) that permit manufacturers to file petitions for a determination of inconsequentiality allow NHTSA to exempt manufacturers only from the duties found in sections 30118 and 30120, respectively, to notify owners, purchasers, and dealers of a defect or noncompliance and to remedy the defect or noncompliance. Therefore, any decision on this petition only applies to the subject vehicles that Mobility no longer controlled at the time it determined that the noncompliance existed. However, any decision on this petition does not relieve vehicle distributors and dealers of the PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 48991 prohibitions on the sale, offer for sale, or introduction or delivery for introduction into interstate commerce of the noncompliant vehicles under their control after Mobility notified them that the subject noncompliance existed. Authority: (49 U.S.C. 30118, 30120: delegations of authority at 49 CFR 1.95 and 501.8). Otto G. Matheke III, Director, Office of Vehicle Safety Compliance. [FR Doc. 2019–20006 Filed 9–16–19; 8:45 am] BILLING CODE 4910–59–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 October 17, 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: Donald Burger, Chief, 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: E:\FR\FM\17SEN1.SGM 17SEN1 48992 Federal Register / Vol. 84, No. 180 / Tuesday, September 17, 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 http://regulations.gov. SUPPLEMENTARY INFORMATION: Application No. 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)). Applicant Regulation(s) affected Issued in Washington, DC, on September 9, 2019. Donald P. Burger, Chief, General Approvals and Permits Branch. Nature of the special permits thereof SPECIAL PERMITS DATA 20928–N ............ CATALYTIC INNOVATIONS, LLC. 20932–N ............ Jingjiang Asian-Pacific Logistics Equipment Co., Ltd. 20935–N ............ DAICEL SAFETY SYSTEMS AMERICAS, INC. 172.320, 173.54(a), 173.56(b), 173.57, 173.58, 173.60. 20936–N ............ CO2 Exchange LLC ............... 171.2(k) .................................. 20937–N ............ STAUFF CORPORATION ..... 173.302a(a)(1) ....................... 20939–N ............ AIRBUS SAFRAN LAUNCHERS. 172.101(c), 173.166 ............... 20940–N ............ ORBITAL SCIENCES CORPORATION. 172.101(j), 173.185(a) ........... 20941–N ............ AIR SEA CONTAINERS, INC 173.185(b)(5) ......................... 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. In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation’s Hazardous Material SUMMARY: jbell on DSK3GLQ082PROD with NOTICES Application No. To authorizes the manufacture, marking, sale and use of non-DOT specification fiberboard boxes for the transportation in commerce of certain batteries without shipping papers, marking of the proper shipping name and identification number or labeling, when transported for recycling or disposal. (modes 1, 2, 3) To authorize the manufacture, mark, sale, and use of portable tanks constructed to Section VIII, Division 2 of the ASME code. (modes 1, 2, 3) To authorize the transportation in commerce of explosive articles classed as Division 1.4S, when packed in a special shipping container without being approved in accordance with 173.56. (modes, 1, 2, 3, 4) To authorize the transportation in commerce of certain DOT 3AL, TC/3ALM and UN ISO 7866 cylinders that contain carbon dioxide, with alternative hazard communication. (mode 1) To authorize the transportation in commerce of non-DOT specification cylinders containing nitrogen. (modes 1, 2) To authorize the manufacture, mark, sale, and use of certain fire suppression devices as safety devices. (modes 1, 2, 3, 4, 5) To authorize the transportation in commerce of low production lithium ion batteries that exceed the 35 kg by cargo aircraft. (mode 4) To authorize the transportation in commerce of lithium ion batteries in non-specification packaging. (mode 1) Regulations, notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. [FR Doc. 2019–20043 Filed 9–16–19; 8:45 am] AGENCY: 172.102(c), 172.200, 172.300, 172.400, 173.159a(c)(2), 173.185(c)(1)(iii), 173.185(c)(1)(iv), 173.185(c)(1)(v), 173.185(c)(3). 178.274(b) .............................. Comments must be received on or before October 17, 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: Donald Burger, Chief, 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. 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 http://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: Issued in Washington, DC, on September 9, 2019. Donald P. Burger, Chief, General Approvals and Permits Branch. Nature of the special permits thereof SPECIAL PERMITS DATA—Granted 10501– M. SEMI–BULK SYSTEMS, INC VerDate Sep<11>2014 17:05 Sep 16, 2019 Jkt 247001 180.352(d) ........................................ PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 To modify the special permit to authorize the repair of UN13L2 flexible IBCs with a larger capacity and different cross-sectional shape. E:\FR\FM\17SEN1.SGM 17SEN1

Agencies

[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Notices]
[Pages 48991-48992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20043]


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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 October 17, 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: Donald Burger, Chief, 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 48992]]


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 http://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 September 9, 2019.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

----------------------------------------------------------------------------------------------------------------
                                                                                   Nature of the special permits
       Application No.                 Applicant          Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
                                              SPECIAL PERMITS DATA
----------------------------------------------------------------------------------------------------------------
20928-N......................  CATALYTIC INNOVATIONS,    172.102(c), 172.200,      To authorizes the
                                LLC.                      172.300, 172.400,         manufacture, marking, sale
                                                          173.159a(c)(2),           and use of non-DOT
                                                          173.185(c)(1)(iii),       specification fiberboard
                                                          173.185(c)(1)(iv),        boxes for the transportation
                                                          173.185(c)(1)(v),         in commerce of certain
                                                          173.185(c)(3).            batteries without shipping
                                                                                    papers, marking of the
                                                                                    proper shipping name and
                                                                                    identification number or
                                                                                    labeling, when transported
                                                                                    for recycling or disposal.
                                                                                    (modes 1, 2, 3)
20932-N......................  Jingjiang Asian-Pacific   178.274(b)..............  To authorize the manufacture,
                                Logistics Equipment                                 mark, sale, and use of
                                Co., Ltd.                                           portable tanks constructed
                                                                                    to Section VIII, Division 2
                                                                                    of the ASME code. (modes 1,
                                                                                    2, 3)
20935-N......................  DAICEL SAFETY SYSTEMS     172.320, 173.54(a),       To authorize the
                                AMERICAS, INC.            173.56(b), 173.57,        transportation in commerce
                                                          173.58, 173.60.           of explosive articles
                                                                                    classed as Division 1.4S,
                                                                                    when packed in a special
                                                                                    shipping container without
                                                                                    being approved in accordance
                                                                                    with 173.56. (modes, 1, 2,
                                                                                    3, 4)
20936-N......................  CO2 Exchange LLC........  171.2(k)................  To authorize the
                                                                                    transportation in commerce
                                                                                    of certain DOT 3AL, TC/3ALM
                                                                                    and UN ISO 7866 cylinders
                                                                                    that contain carbon dioxide,
                                                                                    with alternative hazard
                                                                                    communication. (mode 1)
20937-N......................  STAUFF CORPORATION......  173.302a(a)(1)..........  To authorize the
                                                                                    transportation in commerce
                                                                                    of non-DOT specification
                                                                                    cylinders containing
                                                                                    nitrogen. (modes 1, 2)
20939-N......................  AIRBUS SAFRAN LAUNCHERS.  172.101(c), 173.166.....  To authorize the manufacture,
                                                                                    mark, sale, and use of
                                                                                    certain fire suppression
                                                                                    devices as safety devices.
                                                                                    (modes 1, 2, 3, 4, 5)
20940-N......................  ORBITAL SCIENCES          172.101(j), 173.185(a)..  To authorize the
                                CORPORATION.                                        transportation in commerce
                                                                                    of low production lithium
                                                                                    ion batteries that exceed
                                                                                    the 35 kg by cargo aircraft.
                                                                                    (mode 4)
20941-N......................  AIR SEA CONTAINERS, INC.  173.185(b)(5)...........  To authorize the
                                                                                    transportation in commerce
                                                                                    of lithium ion batteries in
                                                                                    non-specification packaging.
                                                                                    (mode 1)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-20043 Filed 9-16-19; 8:45 am]
BILLING CODE 4909-60-P