Hazardous Materials: Notice of Applications for Modifications to Special Permits, 61969-61970 [2019-24710]
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Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
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belts (lap and shoulder belts) at those
positions, on the OTRBs it
manufactures. This exemption does not
apply to forward-facing designated
seating positions on the petitioner’s
vehicles. Under FMVSS No. 208, the
forward-facing seating positions must
have Type 2 lap and shoulder belts.18
NHTSA believes that granting
Hemphill’s petition is consistent with
the public interest. The exemption will
enable the applicant to sell buses whose
overall level of safety is at least equal to
that of non-exempted vehicles. Further,
we believe that Hemphill is a small
entity.19 Thus, this temporary
exemption not only permits the
manufacturer to sell vehicles whose
overall level of safety is at least equal to
that of non-exempted vehicles, but
provides relief to a small business by, as
the petitioner notes, providing ‘‘an
objective standard that is easy for
manufacturers to understand and meet.’’
A grant is consistent with the Safety
Act. The requested exemption will not
impact general motor vehicle safety
because the exempted buses will
provide overall safety at least equal to
that of nonexempted buses. Further,
Hemphill produces a small number of
affected vehicles annually. Hemphill
did not specify in its petition how many
buses it would manufacture under the
exemption but noted that ‘‘fewer than
100 entertainer-type motorcoaches with
side-facing seats are manufactured and
enter the U.S. market each year.’’ As
noted earlier, the ABA and the National
Interstate Insurance Company, as well
as the ‘‘other petitioners’’ who have
separately filed petitions for temporary
exemption, also affirm that fewer than
100 entertainer-type motorcoaches are
manufactured each year. Thus, NHTSA
concludes that Hemphill will
manufacture very few vehicles relative
to the 2,500 per manufacturer limit set
forth in the Safety Act and 49 CFR
18 On October 2, 2019, the National
Transportation Safety Board (NTSB) issued
Recommendation H–19–14 in connection with the
NTSB’s investigation of an October 6, 2018
Schoharie, New York limousine crash. H–19–14
recommends that NHTSA ‘‘[r]equire lap/shoulder
belts for each passenger seating position on all new
vehicles modified to be used as limousines.’’ The
limousine in the Schoharie crash had between 18
and 22 seating positions and a GVWR of 13,080 lb.
Under FMVSS No. 208, vehicles with 11 or more
seating positions and a GVWR between 10,000 lb
and 26,000 lb are not required to have seat belts in
passenger seats. The NTSB recommendation would
apply a passenger seat belt requirement to those
vehicles.
19 According to 13 CFR 121.201, the Small
Business Administration’s size standards
regulations used to define small business concerns,
manufacturers of these buses fall under North
American Industry Classification System (NAICS)
No. 336213, Motor Home Manufacturing, which has
a size standard of 1,250 employees or fewer.
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555.6(d)(4). Further, as explained below,
in accordance with 49 CFR 555.9 and
§ 30113(h) of the Safety Act, prospective
purchasers will also be notified of the
exemption prior to making their
purchasing decisions. The vehicles must
have a label notifying prospective
purchasers that the vehicles are
exempted from the shoulder belt
requirement of FMVSS No. 208 for the
side-facing seats.
Authority: 49 U.S.C. 30113; delegation of
authority at 49 CFR 1.95.
Labeling
Under 49 CFR 555.9(b), a
manufacturer of an exempted vehicle
must securely affix to the windshield or
side window of each exempted vehicle
a label containing a statement that the
vehicle meets all applicable FMVSSs in
effect on the date of manufacture
‘‘except for Standard Nos. [Listing the
standards by number and title for which
an exemption has been granted]
exempted pursuant to NHTSA
Exemption No. ll.’’ This label notifies
prospective purchasers about the
exemption and its subject. Under
§ 555.9(c)(2), this information must also
be included on the vehicle’s
certification label.20
The text of § 555.9 does not expressly
indicate how the required statement on
the two labels should read in situations
in which an exemption covers part, but
not all, of an FMVSS. In this case,
NHTSA believes that a blanket
statement that the vehicle has been
exempted from Standard No. 208,
without an indication that the
exemption is limited to the shoulder
belt on side-facing seats, could be
confusing. A purchaser might
incorrectly believe that the vehicle has
been exempted from all of FMVSS No.
208’s requirements. For this reason,
NHTSA believes the two labels should
read in relevant part, ‘‘except for the
shoulder belt requirement for sidefacing seats (Standard No. 208,
Occupant Crash Protection), exempted
pursuant to * * *.’’
In accordance with 49 U.S.C.
30113(b)(3)(B)(iv), the applicant is
granted NHTSA Temporary Exemption
No. EX 19–01, from the shoulder belt
requirement of 49 CFR 571.208 for sidefacing seats on its motorcoaches. The
exemption shall remain effective for the
period designated at the beginning of
this document in the DATES section.
Pipeline and Hazardous Materials
Safety Administration
20 49 CFR 555.9(c)(2) refers to § 567.5(c)(7)(iii) as
the regulation setting forth the certification
statement final-stage manufacturers are to use in
their certification labels. That reference to
§ 567.5(c)(7)(iii) is outdated; it should be to
§ 567.5(d)(2)(v)(A). The certification label
requirements for final-stage manufacturers formerly
were in § 567(c)(7)(iii) but the requirements were
moved to § 567.5(d)(2)(v)(A) (see, 70 FR 7433;
February 14, 2005).
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Issued on: November 5, 2019.
James Clayton Owens,
Acting Administrator.
[FR Doc. 2019–24490 Filed 11–13–19; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
Hazardous Materials: Notice of
Applications for Modifications to
Special Permits
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: List of applications for
modification of 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 November 29, 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.
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.
SUMMARY:
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Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices
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 November
07, 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
To modify the special permit to add IMDG language to harmonize international transportation of affected tanks.
(modes as authorized by the HMR).
To modify the special permit to authorize two new fuel cap
designs. (mode 1).
To modify the special permit to authorize lower pressure and
greater capacity of the cylinders. (modes 1, 2, 3).
To modify the special permit to authorize new gaskets and
testing procedures for manway production. (mode 1).
To modify the special permit to authorize an additional outer
packaging and to remove the 800 Wh aggregate energy
content for a single package. (mode 1).
11827–M ......
Fujifilm Electronic Materials
U.S.A., Inc..
180.605(c)(1), 180.352(b)(3) ...
11911–M ......
Transfer Flow, Inc. ..................
177.834(h), 178.700(c)(1) .......
15873–M ......
Jiangxi Oxygen Plant Co., Ltd.
178.274(b)(2) ...........................
16095–M ......
Clay and Bailey Manufacturing
Company.
CALL2RECYCLE, INC. ...........
172.203(a), 178.345–1,
180.413.
172.200, 172.600, 172.700(a)
20851–M ......
[FR Doc. 2019–24710 Filed 11–13–19; 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:
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
SUMMARY:
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 December 16, 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.
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 November
07, 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
20954–N .......
BNSF RAILWAY COMPANY ..
172.203(a), 174.24, 174.26 .....
20955–N .......
ZHEJIANG CHUMBOON
IRON–PRINTING & TIN–
MAKING CO., LTD.
VALTRIS SPECIALTY CHEMICALS.
173.304(d) ...............................
20957–N .......
VERSUM MATERIALS, INC ...
173.338(a) ...............................
20958–N .......
University of Colorado .............
173.301(g), 173.24(b),
173.24(b)(1), 173.24(f),
173.24(f)(2), 173.24(g)(2).
To authorize the use of electronic means to maintain and
communicate on-board train consist information in lieu of
paper documentation when hazardous materials are transported by rail. (mode 2).
To authorize the manufacture, marking, sale and use of a
non-refillable, non-DOT specification inside metal container.
(modes 1, 2, 3, 4).
To authorize the transportation in commerce of two materials
as not meeting the § 171.8 definition of a marine pollutant.
(modes 1, 2, 3, 4, 5).
To authorize the transportation in commerce of tungsten
hexafluoride in tubes that are dual marked to a DOT and
UN specification. (modes 1, 2, 3).
To authorize the transportation in commerce of compressed
air in cylinders which will be purged during transportation in
order to protect sensitive equipment from contamination.
(modes 1, 4).
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20956–N .......
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171.8, 171.4, 172.203(l),
172.322, 176.70.
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]]>Agencies
[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61969-61970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24710]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
Hazardous Materials: Notice of Applications for Modifications to
Special Permits
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: List of applications for modification of 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 November 29, 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.
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.
[[Page 61970]]
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 November 07, 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
------------------------------------------------------------------------
11827-M......... Fujifilm 180.605(c)(1), To modify the
Electronic 180.352(b)(3). special permit to
Materials add IMDG language
U.S.A., Inc.. to harmonize
international
transportation of
affected tanks.
(modes as
authorized by the
HMR).
11911-M......... Transfer Flow, 177.834(h), To modify the
Inc.. 178.700(c)(1). special permit to
authorize two new
fuel cap designs.
(mode 1).
15873-M......... Jiangxi Oxygen 178.274(b)(2).. To modify the
Plant Co., special permit to
Ltd.. authorize lower
pressure and
greater capacity of
the cylinders.
(modes 1, 2, 3).
16095-M......... Clay and Bailey 172.203(a), To modify the
Manufacturing 178.345-1, special permit to
Company. 180.413. authorize new
gaskets and testing
procedures for
manway production.
(mode 1).
20851-M......... CALL2RECYCLE, 172.200, To modify the
INC.. 172.600, special permit to
172.700(a). authorize an
additional outer
packaging and to
remove the 800 Wh
aggregate energy
content for a
single package.
(mode 1).
------------------------------------------------------------------------
[FR Doc. 2019-24710 Filed 11-13-19; 8:45 am]
BILLING CODE 4909-60-P
