Hazardous Materials: Notice of Applications for Modifications to Special Permits, 61969-61970 [2019-24710]

Download as PDF Federal Register / Vol. 84, No. 220 / Thursday, November 14, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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. VerDate Sep<11>2014 17:47 Nov 13, 2019 Jkt 250001 61969 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). PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 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 http://regulations.gov. SUMMARY: E:\FR\FM\14NON1.SGM 14NON1 61970 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 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 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). khammond on DSKJM1Z7X2PROD with NOTICES 20956–N ....... VerDate Sep<11>2014 17:47 Nov 13, 2019 Jkt 250001 171.8, 171.4, 172.203(l), 172.322, 176.70. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1

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]


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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 http://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