Hazardous Materials: Clarification of Process To Reissue Explosives Classification Approvals, 53822-53824 [2019-21964]
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53822
Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices
illumination of that control, telltale or
indicator.
Each control, telltale and indicator
that is listed in column 1 of Table 1 or
Table 2 must be identified by the
symbol specified for it in column 2 or
the word or abbreviation specified for it
in column 3 of Table 1 or Table 2.
V. Summary of Volkswagen’s Petition:
The following views and arguments
presented in this section, V. Summary
of Volkswagen’s Petition, are the views
and arguments provided by
Volkswagen. They have not been
evaluated by the agency and do not
reflect the views of the Agency.
Volkswagen described the subject
noncompliance and stated that the
noncompliance is inconsequential as it
relates to motor vehicle safety.
Volkswagen submitted the following
views and arguments in support of the
petition:
1. All affected Audi A3 vehicles are
initially delivered for first-sale in the
U.S. market in a compliant state (speed
displayed in miles-per-hour). Only
through driver interaction, within the
settings menu, can the speedometer
display be changed from mph to km/h.
The change between the display settings
must be done intentionally and cannot
be accomplished inadvertently.
2. In the affected 2017–2019 MY Audi
A3 vehicles, the two speedometer scales
are noticeably different. Were the
previous driver to have changed the
display, a subsequent driver would be
able to tell at a glance that the scale is
not in mph.
3. The indicated vehicle speed in km/
h is 1.6 times greater than the speed in
mph. Audi purports that if the vehicle
operator changes the display to indicate
km/h and later has not changed the
display back to mph, the vehicle
operator will clearly recognize that the
vehicle is moving at a lower speed than
intended and adjust their vehicle speed
to match road and traffic conditions.
Notice of the speed differential advises
the vehicle operator to perform the
necessary steps to adjust the
speedometer back to mph (at the next
appropriate opportunity).
4. The 2017–2019 MY Audi A3
Owner Manuals contains information
and instructions for changing the units
displayed, via the Infotainment system,
using the MMI Settings menu.
Therefore, if a vehicle operator needs to
change the display to indicate mph,
instructions are available. As of January
08, 2019, production has been corrected,
vehicles withheld at the factory have
been corrected and unsold units will be
corrected prior to sale.
5. Additionally, Volkswagen is not
aware of any field or customer
VerDate Sep<11>2014
21:50 Oct 07, 2019
Jkt 250001
complaints related to this condition, nor
has it been made aware of any accidents
or injuries that have occurred as a result
of this issue.
Volkswagen concluded 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.
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 Volkswagen 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
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after Volkswagen 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. 2019–21892 Filed 10–7–19; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2018–0027; Notice No.
2018–09]
Hazardous Materials: Clarification of
Process To Reissue Explosives
Classification Approvals
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice and request for
comments.
AGENCY:
PHMSA issues this notice to
clarify and request comments on the
Approvals Program procedures for
companies to request a modification to
SUMMARY:
PO 00000
Frm 00151
Fmt 4703
Sfmt 4703
an explosives classification approval to
reflect a merger, acquisition, or change
in name or legal status.
DATES: Interested persons are invited to
submit comments on or before January
6, 2020.
ADDRESSES: You may submit comments
identified by Docket No. PHMSA–2018–
0027 via any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations, U.S.
Department of Transportation, West
Building, Ground Floor, Room W12–
140, Routing Symbol M–30, 1200 New
Jersey Avenue SE, Washington, DC
20590.
• Hand Delivery: To Docket
Operations, Room W12–140 on the
ground floor of the West Building, 1200
New Jersey Avenue SE, Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
Instructions: All submissions must
include the agency name and docket
number for this notice. Internet users
may access comments received by the
DOT at: https://www.regulations.gov.
Please note that comments received will
be posted without change to: https://
www.regulations.gov including any
personal information provided.
Privacy Act: In accordance with 5
U.S.C. 553(c), the DOT solicits
comments from the public. The DOT
posts these comments, without edit,
including any personal information the
commenter provides, to https://
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Pipeline and Hazardous Materials
Safety Administration: Laura Ulmer,
Attorney-Advisor (PHC–10), U.S.
Department of Transportation, Pipeline
and Hazardous Materials Safety
Administration, 1200 New Jersey
Avenue SE, East Building, 2nd Floor,
Washington, DC 20590–0001,
Telephone (202) 366–4400.
SUPPLEMENTARY INFORMATION:
I. Background
As defined in title 49, section 173.56
of the Code of Federal Regulations
(CFR), a ‘‘new explosive’’ is an
explosive produced by a person who
either has not previously produced that
explosive, or has previously produced
that explosive, but has made a change
in the formulation, design, or process so
as to alter any of the properties of the
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Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices
explosive. The Hazardous Materials
Regulations (HMR; 49 CFR parts 171–
180) require that each new explosive be
examined by a DOT-approved
explosives test laboratory and assigned
a recommended shipping description,
division, and compatibility group in
accordance with § 173.56(b). This
classification must be approved by
PHMSA. Applications are submitted
and approvals are issued per the
requirements in 49 CFR part 107,
subpart H. These explosive
classification approvals are generally
known as ‘‘EX’’ approvals. A ‘‘person,’’
as defined in 49 CFR 171.8, must obtain
an approval classifying each new
explosive that he or she offers or
transports to, from, or within the United
States. In December 2015, PHMSA
posted a document titled ‘‘EXPLOSIVES
CLASSIFICATION (EX) APPROVALS
(Company Name Changes, Mergers,
Acquisitions, and Changes in Legal
Structure)’’ on its website, https://
www.phmsa.dot.gov. This document
clarified that: (1) An EX approval is
non-transferable in any merger,
acquisition, sale of assets, or other
business transaction; (2) an EX approval
is non-transferrable in bankruptcy
proceedings, and thus, a debtor may not
use an EX approval as an asset to sell
in order to drive up the purchase price;
and (3) PHMSA may reissue the EX
approvals in certain situations to reflect
the new company name, when adequate
documentation is submitted. The
document also included frequently
asked questions on several common
merger, acquisition, and legal-status
change scenarios and provided
instructions on how companies could
request a modification of an EX
approval to reflect a status change.
Companies can also choose to apply for
new EX approvals instead of requesting
to go through the company name-change
process.
The specific scenarios and
documentation requirements included
in the document led to questions and
concerns from the regulated community.
Therefore, we are clarifying the
description of the program procedures
and documentation required for PHMSA
to reissue EX approvals. Specifically, we
have revised the guidance to remove the
requirement that the applicant declare
that the information that it is providing
for the certification is correct, under
penalty of perjury, after certain
members of the regulated community
had concerns about swearing under
penalty of perjury that documents they
did not personally draw up were
complete and correct. PHMSA
acknowledges those concerns, and
believes that the modification of the
certification letter contents will alleviate
these concerns. The guidance also
clarifies that companies which request a
modification at least 30 days prior to the
merger, acquisition, or legal-status
change can continue to use their
existing approvals until PHMSA takes
final administrative action on the
application for modification. PHMSA is
seeking comments on:
1. The contents of the certification
letter;
2. the description of the timeline for
applying and processing a name change;
and
3. information requested for
additional facilities.
II. Clarification of Requirements To
Reissue Approvals
Companies always have the option to
apply for a new EX approval in
anticipation of a merger, acquisition, or
other change in corporate structure or
form. Alternatively, PHMSA may
reissue existing EX approvals when
adequate documentation is provided for
the types of corporate changes described
in this guidance. Provided a request to
reissue an EX approval is made at least
30 days prior to the anticipated
corporate change, the new entity may
continue to use the existing EX approval
until PHMSA reaches a final decision
on the request. Title 49 CFR part 107,
subpart H and § 173.56(b) set out the
requirements for applying for an EX
approval. Table 1, below, explains what
is meant by various types of requested
documents. Table 2, which follows,
explains which of these documents are
requested for an EX approval to be
reissued in different scenarios.
TABLE 1—TYPES OF DOCUMENTATION
Certification Letter ...........
Approvals List .................
Lab Report ......................
Proof of Change .............
Relinquishment Letter .....
When applicable, the company requesting the reissued approval will submit a certification letter that:
A. Is signed by a director or officer of the company requesting the reissued approval;
B. states that the company is not producing a new explosive and that there has been no change in the formulation, design, or process so as to alter any of the properties of the explosive; and
C. states that the requesting company understands that failure to provide accurate and complete information
could result in the modification, suspension, or termination of the approval.
A list of EX approval numbers and product descriptions, and a copy of each EX approval that the company is requesting that PHMSA reissue.
Copies of any laboratory reports or technical drawings in the company’s possession relating to the requested EX approvals.
Legal documentation of the applicable change (e.g., certification of merger, sales agreement, etc.).
When applicable, the company that initially held the approval should provide a letter that:
A. Is signed by a director or officer of the company holding the initial approval; and
B. states that the company holding the initial approval voluntarily relinquishes all the rights to the EX approval
numbers listed in the document and that they will no longer manufacture the explosives approved under those
respective EX approvals.
TABLE 2—REQUESTED DOCUMENTATION TO REISSUE APPROVALS IN DIFFERENT SCENARIOS
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Scenario
Merger .............
VerDate Sep<11>2014
Documents requested to reissue EX approval
Hazmat Companies A, B, C, and D are merging to create new company X, which is legally distinct from its predecessors. Company X wants to perform activities that require an EX approval.
00:20 Oct 08, 2019
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PO 00000
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Cert.
letter
EX
number
Yes
Yes
Fmt 4703
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list
Lab
reports
Proof
of
change
Relinquishment
letter
Yes
Yes (merger
certification)
No.
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Federal Register / Vol. 84, No. 195 / Tuesday, October 8, 2019 / Notices
TABLE 2—REQUESTED DOCUMENTATION TO REISSUE APPROVALS IN DIFFERENT SCENARIOS—Continued
Total Purchase
Company A buys 100% of Company B. Both
companies hold EX approvals. Company B
will now operate under Company A’s name.
Company A wants to use Company B’s EX
approvals.
Company A buys less than 100% of Company
B’s assets. Company A wants to use Company B’s EX approvals.
Partial Purchase (Assets).
Yes
Yes
Yes (sales
agreement)
No.
Yes
Yes
Yes
Yes (sales
agreement)
Yes.
Subsidiary
(Separate
Legal Entities).
X Corporation has three subsidiaries that are
distinct legal entities:
• X LLC,
• X Inc., and
• X LP.
X Corporation wants to use X Inc.’s EX
approvals.
N/A. Reissuing of EX numbers is not permitted. Each of the four companies
(one parent and three subsidiaries) needs EX approvals for covered activities. Each of these entities is a separate ‘‘person’’ based on the definition
PHMSA uses. The term ‘‘person’’ refers to each separate legal entity, such
as a corporation, partnership, association, or LLC, or LP. This means that a
separately incorporated subsidiary (or LLC or LP) must apply for their own
approval if it engages in activities that require an EX approval, even when a
parent company already holds an EX approval.
New Additional,
U.S. Facility.
Company X adds a new U.S. facility. The principal place of business and manufacturing
process do not change.
N/A. No change needed.
New Primary,
U.S. Facility.
Company X changes ‘‘principal place of business’’ to new U.S. facility, and therefore
must submit an application to amend its EX
approval.
No
Additional Facility Abroad.
Company X purchases an additional manufacturing plant location outside of the United
States.
N/A. All manufacturing locations outside of the U.S. are required to apply for
their own EX approvals.
New Name,
Same Legal
Structure.
Company X changes its name to ‘‘Company
Y,’’ but does not change the legal structure
or ownership of the company.
No
Yes
Yes
No
No.
New Name,
New Legal
Structure.
Company X, LLC changes its name to ‘‘Company X, Inc.’’ indicating a change in legal
structure. Company X., Inc. wants to use
Company X, LLC’s approval.
Yes
Yes
Yes
No
No.
Bankruptcy .......
Debtor holds an EX approval with PHMSA and
goes into bankruptcy.
N/A. EX approvals are non-transferrable and cannot be treated as assets in
the event of a bankruptcy.
Signed in Washington, DC, on October 2,
2019.
William S. Schoonover,
Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2019–21964 Filed 10–7–19; 8:45 am]
BILLING CODE 4909–60–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:
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Yes
In accordance with the
procedures governing the application
for, and the processing of, special
permits from the Department of
SUMMARY:
VerDate Sep<11>2014
21:50 Oct 07, 2019
Jkt 250001
Yes
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 November 7, 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
PO 00000
Frm 00153
Fmt 4703
Sfmt 4703
Yes
No
No.
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:
Issued in Washington, DC, on October 2,
2019.
Donald P. Burger,
Chief, General Approvals and Permits
Branch.
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08OCN1
]]>Agencies
[Federal Register Volume 84, Number 195 (Tuesday, October 8, 2019)]
[Notices]
[Pages 53822-53824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21964]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2018-0027; Notice No. 2018-09]
Hazardous Materials: Clarification of Process To Reissue
Explosives Classification Approvals
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: PHMSA issues this notice to clarify and request comments on
the Approvals Program procedures for companies to request a
modification to an explosives classification approval to reflect a
merger, acquisition, or change in name or legal status.
DATES: Interested persons are invited to submit comments on or before
January 6, 2020.
ADDRESSES: You may submit comments identified by Docket No. PHMSA-2018-
0027 via any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must include the agency name and
docket number for this notice. Internet users may access comments
received by the DOT at: https://www.regulations.gov. Please note that
comments received will be posted without change to: https://www.regulations.gov including any personal information provided.
Privacy Act: In accordance with 5 U.S.C. 553(c), the DOT solicits
comments from the public. The DOT posts these comments, without edit,
including any personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Pipeline and Hazardous Materials
Safety Administration: Laura Ulmer, Attorney-Advisor (PHC-10), U.S.
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, East Building, 2nd Floor,
Washington, DC 20590-0001, Telephone (202) 366-4400.
SUPPLEMENTARY INFORMATION:
I. Background
As defined in title 49, section 173.56 of the Code of Federal
Regulations (CFR), a ``new explosive'' is an explosive produced by a
person who either has not previously produced that explosive, or has
previously produced that explosive, but has made a change in the
formulation, design, or process so as to alter any of the properties of
the
[[Page 53823]]
explosive. The Hazardous Materials Regulations (HMR; 49 CFR parts 171-
180) require that each new explosive be examined by a DOT-approved
explosives test laboratory and assigned a recommended shipping
description, division, and compatibility group in accordance with Sec.
173.56(b). This classification must be approved by PHMSA. Applications
are submitted and approvals are issued per the requirements in 49 CFR
part 107, subpart H. These explosive classification approvals are
generally known as ``EX'' approvals. A ``person,'' as defined in 49 CFR
171.8, must obtain an approval classifying each new explosive that he
or she offers or transports to, from, or within the United States. In
December 2015, PHMSA posted a document titled ``EXPLOSIVES
CLASSIFICATION (EX) APPROVALS (Company Name Changes, Mergers,
Acquisitions, and Changes in Legal Structure)'' on its website, https://www.phmsa.dot.gov. This document clarified that: (1) An EX approval is
non-transferable in any merger, acquisition, sale of assets, or other
business transaction; (2) an EX approval is non-transferrable in
bankruptcy proceedings, and thus, a debtor may not use an EX approval
as an asset to sell in order to drive up the purchase price; and (3)
PHMSA may reissue the EX approvals in certain situations to reflect the
new company name, when adequate documentation is submitted. The
document also included frequently asked questions on several common
merger, acquisition, and legal-status change scenarios and provided
instructions on how companies could request a modification of an EX
approval to reflect a status change. Companies can also choose to apply
for new EX approvals instead of requesting to go through the company
name-change process.
The specific scenarios and documentation requirements included in
the document led to questions and concerns from the regulated
community. Therefore, we are clarifying the description of the program
procedures and documentation required for PHMSA to reissue EX
approvals. Specifically, we have revised the guidance to remove the
requirement that the applicant declare that the information that it is
providing for the certification is correct, under penalty of perjury,
after certain members of the regulated community had concerns about
swearing under penalty of perjury that documents they did not
personally draw up were complete and correct. PHMSA acknowledges those
concerns, and believes that the modification of the certification
letter contents will alleviate these concerns. The guidance also
clarifies that companies which request a modification at least 30 days
prior to the merger, acquisition, or legal-status change can continue
to use their existing approvals until PHMSA takes final administrative
action on the application for modification. PHMSA is seeking comments
on:
1. The contents of the certification letter;
2. the description of the timeline for applying and processing a
name change; and
3. information requested for additional facilities.
II. Clarification of Requirements To Reissue Approvals
Companies always have the option to apply for a new EX approval in
anticipation of a merger, acquisition, or other change in corporate
structure or form. Alternatively, PHMSA may reissue existing EX
approvals when adequate documentation is provided for the types of
corporate changes described in this guidance. Provided a request to
reissue an EX approval is made at least 30 days prior to the
anticipated corporate change, the new entity may continue to use the
existing EX approval until PHMSA reaches a final decision on the
request. Title 49 CFR part 107, subpart H and Sec. 173.56(b) set out
the requirements for applying for an EX approval. Table 1, below,
explains what is meant by various types of requested documents. Table
2, which follows, explains which of these documents are requested for
an EX approval to be reissued in different scenarios.
Table 1--Types of Documentation
------------------------------------------------------------------------
------------------------------------------------------------------------
Certification Letter.................... When applicable, the company
requesting the reissued
approval will submit a
certification letter that:
A. Is signed by a director
or officer of the company
requesting the reissued
approval;
B. states that the company
is not producing a new
explosive and that there
has been no change in the
formulation, design, or
process so as to alter any
of the properties of the
explosive; and
C. states that the
requesting company
understands that failure
to provide accurate and
complete information could
result in the
modification, suspension,
or termination of the
approval.
Approvals List.......................... A list of EX approval numbers
and product descriptions, and
a copy of each EX approval
that the company is
requesting that PHMSA
reissue.
Lab Report.............................. Copies of any laboratory
reports or technical drawings
in the company's possession
relating to the requested EX
approvals.
Proof of Change......................... Legal documentation of the
applicable change (e.g.,
certification of merger,
sales agreement, etc.).
Relinquishment Letter................... When applicable, the company
that initially held the
approval should provide a
letter that:
A. Is signed by a director
or officer of the company
holding the initial
approval; and
B. states that the company
holding the initial
approval voluntarily
relinquishes all the
rights to the EX approval
numbers listed in the
document and that they
will no longer manufacture
the explosives approved
under those respective EX
approvals.
------------------------------------------------------------------------
Table 2--Requested Documentation To Reissue Approvals in Different Scenarios
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Scenario Documents requested to reissue EX approval
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cert. EX Lab Proof Relinquishment
letter............ number list...... reports.......... of change........ letter
--------------------------------------------------------------------------------------------------------------------------------------------------------
Merger......................... Hazmat Companies Yes............... Yes.............. Yes.............. Yes (merger No.
A, B, C, and D certification).
are merging to
create new
company X, which
is legally
distinct from its
predecessors.
Company X wants
to perform
activities that
require an EX
approval.
[[Page 53824]]
Total Purchase................. Company A buys Yes............... Yes.............. Yes.............. Yes (sales No.
100% of Company agreement).
B. Both companies
hold EX
approvals.
Company B will
now operate under
Company A's name.
Company A wants
to use Company
B's EX approvals.
Partial Purchase (Assets)...... Company A buys Yes............... Yes.............. Yes.............. Yes (sales Yes.
less than 100% of agreement).
Company B's
assets. Company A
wants to use
Company B's EX
approvals.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subsidiary (Separate Legal X Corporation has N/A. Reissuing of EX numbers is not permitted. Each of the four companies (one parent and three
Entities). three subsidiaries) needs EX approvals for covered activities. Each of these entities is a separate
subsidiaries that ``person'' based on the definition PHMSA uses. The term ``person'' refers to each separate legal
are distinct entity, such as a corporation, partnership, association, or LLC, or LP. This means that a
legal entities: separately incorporated subsidiary (or LLC or LP) must apply for their own approval if it engages
X LLC,... in activities that require an EX approval, even when a parent company already holds an EX
X Inc., approval.
and.
X LP.....
X Corporation
wants to use X
Inc.'s EX
approvals..
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Additional, U.S. Facility.. Company X adds a N/A. No change needed.
new U.S.
facility. The
principal place
of business and
manufacturing
process do not
change.
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Primary, U.S. Facility..... Company X changes No................ Yes.............. Yes.............. No............... No.
``principal place
of business'' to
new U.S.
facility, and
therefore must
submit an
application to
amend its EX
approval.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Additional Facility Abroad..... Company X N/A. All manufacturing locations outside of the U.S. are required to apply for their own EX
purchases an approvals.
additional
manufacturing
plant location
outside of the
United States.
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Name, Same Legal Structure. Company X changes No................ Yes.............. Yes.............. No............... No.
its name to
``Company Y,''
but does not
change the legal
structure or
ownership of the
company.
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Name, New Legal Structure.. Company X, LLC Yes............... Yes.............. Yes.............. No............... No.
changes its name
to ``Company X,
Inc.'' indicating
a change in legal
structure.
Company X., Inc.
wants to use
Company X, LLC's
approval.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bankruptcy..................... Debtor holds an EX N/A. EX approvals are non-transferrable and cannot be treated as assets in the event of a
approval with bankruptcy.
PHMSA and goes
into bankruptcy.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Signed in Washington, DC, on October 2, 2019.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2019-21964 Filed 10-7-19; 8:45 am]
BILLING CODE 4909-60-P
