Hazardous Materials: Notice of Actions on Special Permits, 50427-50429 [2021-19463]
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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices
Applicant’s Request
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Background
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Current Regulatory Requirements
The Agency’s ELDT regulations, set
forth in 49 CFR part 380, subparts F and
G, establish theory and BTW training
requirements for individuals seeking to
obtain a Class A or Class B CDL or a
passenger (P), school bus (S), or
hazardous materials (H) endorsement
for the first time. The regulations take
effect on February 7, 2022. The
regulations require that ELDT be
conducted only by qualified training
providers and training instructors;
drivers must obtain ELDT from a
training provider listed on FMCSA’s
Training Provider Registry. The theory
training instructor qualifications, set
forth in the definition of ‘‘theory
instructor’’ in 49 CFR 380.605, are: (1)
The instructor must hold a CDL of the
same (or higher) class and with all
endorsements necessary to operate the
CMV for which training is to be
provided and has at least 2 years of
experience driving a CMV requiring a
CDL of the same (or higher) class and/
or the same endorsement and meets all
applicable State qualification
requirements for CMV instructors; or (2)
the instructor must hold a CDL of the
same (or higher) class and with all
endorsements necessary to operate the
CMV for which training is to be
provided and has at least 2 years of
experience as a BTW CMV instructor
and meets all applicable State
qualification requirements for CMV
instructors. The definition of ‘‘theory
instructor’’ in 49 CFR 380.605 includes
an exception from the requirement that
the instructor currently hold a CDL and
relevant endorsements if the instructor
previously held a CDL of the same or
higher class and complies with the other
requirements set forth in the definition.
Unlike the P and S endorsement
training curricula, which include both
theory and BTW portions, the required
H endorsement training is theory only.
The H endorsement theory curriculum,
set forth in Appendix E, applies to
driver-trainees who intend to use CMVs
to transport hazardous materials as
defined in 49 CFR 383.5. Because
applicants are not required to take an
HM-specific skills test to obtain the H
endorsement, the ELDT regulations do
not contain a BTW curriculum
requirement applicable to that
endorsement. There are, however, BTW
ELDT requirements for applicants
seeking a Class A or Class B CDL or a
P or S endorsement.
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17:21 Sep 07, 2021
Jkt 253001
Oak Harbor seeks an exemption, on
behalf of its Pacific Northwest Safety
Supervisor, Mr. Jeff McLaughlin, from
the ELDT theory instructor
qualifications set forth in the definition
of the term ‘‘theory instructor’’ in 49
CFR 380.605, as previously identified.
Oak Harbor requests the exemption so
that Mr. McLaughlin will be able to
provide ELDT theory instruction
pertaining to the transportation of HM
by CMV. Oak Harbor cites Mr.
McLaughlin’s extensive teaching
experience and subject matter expertise
as the basis for its exemption request.
Oak Harbor further states that the road
portion of the training would be
completed by BTW instructors that meet
the ELDT requirements. A copy of the
exemption application is in the docket
referenced at the beginning of this
notice.1
IV. Equivalent Level of Safety
Oak Harbor states that Mr.
McLaughlin’s experience and expertise
in the HM field would supersede HM
training offered by other theory and
BTW training instructors and would
enhance their HM materials and safety
program. Oak Harbor provided the
following list of Mr. McLaughlin’s
credentials:
• Over 20 years of experience as a
certified State commercial vehicle
inspector holding certifications in
Commercial Vehicle Safety Alliance
(CVSA) Part A and B, Hazardous
Materials, Tank and other bulk
packaging’s, Motorcoach and Multi
Surface HM Transportation;
• 18 years of experience as an
FMCSA National Training Center Basic
HM instructor;
• Previous Region IV Cooperative
Hazardous Materials Enforcement
Development (COHMED) Vice
Chairman;
• Current COHMED Industry Liaison;
• Former Training Lieutenant,
Supervisory Lieutenant and District
Captain in charge of CVSA and
Hazardous Materials training and
recertification programs for the Montana
Motor Carrier Services;
50427
• Certified civilian CVSA Hazardous
Materials instructor;
• Former Sergeant, Lieutenant and
Captain overseeing CMV inspectors at
the Montana/Alberta Joint Use Vehicle
Inspection Station Coutts, AB regulating
enforcement of FMCSA and Transport
Canada regulations pertaining to vehicle
safety and hazardous material/
dangerous goods regulations.
V. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
Oak Harbor’s application for an
exemption from the qualification
requirements set forth in the definition
of ‘‘theory instructor’’ in 49 CFR
380.605. All comments received before
the close of business on the comment
closing date indicated at the beginning
of this notice will be considered and
will be available for examination in the
docket at the location listed under the
Addresses section of this notice.
Comments received after the comment
closing date will be filed in the public
docket and will be considered to the
extent practicable.
In addition to late comments, FMCSA
will also continue to file, in the public
docket, relevant information that
becomes available after the comment
closing date. Interested persons should
continue to examine the public docket
for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021–19440 Filed 9–7–21; 8:45 am]
BILLING CODE 4910–EX–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
Regulations, notice is hereby given that
the Office of Hazardous Materials Safety
has received the application described
herein.
SUMMARY:
1 The
Agency notes that Oak Harbor’s application
requests exemption specifically from the
requirement that theory instructors hold a CDL of
the same (or higher) class and with all endorsement
necessary to operate the CMV for which training is
to be provided. On August 30, 2022, in a
conversation with Oak Harbor’s Safety Manager,
Mr. Tom Mueller, FMCSA personnel confirmed that
Oak Harbor is seeking exemption from all the
theory instructor qualification requirements set
forth in the definition of ‘‘theory instructor’’ in 49
CFR 380.605. A summary of that conversation can
be found in the docket for this notice.
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Comments must be received on
or before October 8, 2021.
DATES:
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50428
Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices
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
ADDRESSES:
Application
No.
Hazardous Materials Safety General
Approvals and Permits Branch, Pipeline
and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, East Building, PHH–13,
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
SUPPLEMENTARY INFORMATION:
Applicant
Regulation(s) affected
Building, PHH–13, 1200 New Jersey
Avenue Southeast, Washington, DC.
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 2,
2021.
Donald P. Burger,
Chief, General Approvals and Permits
Branch.
Nature of the special permits thereof
Special Permits Data—Granted
12240–M ......
Spence Air Service ............
13220–M ......
Entegris, Inc .......................
14661–M ......
FIBA Technologies, Inc .....
20584–M ......
Battery Solutions, LLC .......
20898–M ......
Rivian Automotive, LLC .....
21025–M ......
Airgas USA, LLC ...............
173.301(a)(6), 180.205(c) ........................
21209–N ......
Atlas Air, Inc ......................
172.101(j) .................................................
21229–N ......
Mercedes-Benz U.S. International, Inc.
172.101(j), 173.185(b)(6) .........................
21240–N ......
Volkswagen Group of
America Chattanooga
Operations, LLC.
Ensign-Bickford Aerospace
& Defense Co.
172.101(j), 173.185(b)(1) .........................
21256–N ......
Veolia Es Technical Solutions, LLC.
173.56(b) ..................................................
21261–N ......
Korean Airlines Co., Ltd ....
172.101(j)(1), 173.27(b)(2), 173.27(b)(3),
175.30(a)(1).
21264–N ......
National Air Cargo Group,
Inc.
172.101(j), 172.204(c)(3), 173.27(b)(2),
173.27(b)(3), 175.30(a)(1).
21246–N ......
172.200,
172.301(c),
172.301(d),
175.75(b), 175.310(a).
173.302, 173.302c ...................................
180.209(a), 180.209(a), 180.209(b)(1),
180.209(b)(1)(iv).
173.185(f)(3),
173.185(c)(1)(iii),
173.185(c)(1)(iv),
173.185(c)(1)(v),
173.185(c)(3),
173.185(f),
173.185(f)(1), 173.185(a)(1).
172.101(j), 173.185(a), 173.185(b)(3)(i),
173.185(b)(3)(ii).
172.320(a), 173.51(a), 173.56(b) .............
To modify the special permit to waive certain marking
and shipping paper requirements.
To modify the special permit by authorizing additional
carbon steels specified for the cylindrical shell of the
pressure vessel.
To modify the special permit to authorize additional Division 2.1 and 2.2 hazmat.
To modify the special permit to authorize relief from
the UN 38.3 testing and recordkeeping requirements
of § 173.185(a).
To modify the special permit to authorize additional
batteries and cargo vessel as a mode of transportation.
To modify the special permit to authorize an additional
Division 2.2 hazmat.
To authorize the transportation in commerce of a material forbidden for transportation by air by cargoonly aircraft.
To authorize the transportation in commerce of certain
lithium ion battery assemblies that exceed 35 kg
aboard cargo-only aircraft.
To authorize the transportation in commerce of lithium
ion batteries exceeding 35 kg by cargo-only aircraft
in alternative packaging.
To authorize the transportation in commerce of subassembly components of previously approved assemblies without subassembly components being
tested, classed, and approved.
To authorize the one-time, one-way transportation in
commerce of unapproved explosives originating at
Aberdeen Proving Ground and transported to
Veolia’s waste incinerator for final disposal located
at in Sauget, Illinois.
To authorize the transportation in commerce of certain
explosives that are forbidden for transportation by
cargo aircraft only.
To authorize the transportation in commerce of certain
Division 1.1, 1.2, 1.3 and 1.4 explosives which are
forbidden or exceed quantities authorized for transportation by cargo aircraft only.
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Special Permits Data—Denied
20279–M ......
City Carbonic LLC .............
180.207(d)(1) ...........................................
21062–N ......
Gas Innovations Inc ...........
171.23 ......................................................
21234–N ......
Air Liquide Advanced Materials Inc.
173.301 ....................................................
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17:21 Sep 07, 2021
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Fmt 4703
Sfmt 4703
To modify the special permit to remove specific manufacturer applicability to the manufacture of authorized cylinders.
To authorize the transportation in commerce of pressure drums containing Hydrogen chloride, anhydrous, UN 1050 that do not meet the requalification
requirement in § 171.23 for export.
To authorize the transportation in commerce of
Dichlorosilane in non-DOT specification cylinders.
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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices
Application
No.
21263–N ......
Applicant
Veolia Es Technical Solutions, LLC.
50429
Regulation(s) affected
Nature of the special permits thereof
173.196(a) ................................................
To authorize the transportation in commerce of certain
Monkeypox-contaminated medical waste to Veolia
ES Technical Solutions, L.L.C.’s Port Arthur, TX incinerator for disposal.
Special Permits Data—Withdrawn
21276–N ......
Space Exploration Technologies Corp.
172.300, 172.400, 173.302(a) .................
21277–N ......
Wampum Hardware Co .....
178.703(a)(1) ...........................................
[FR Doc. 2021–19463 Filed 9–7–21; 8:45 am]
BILLING CODE 4909–60–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Hazardous Materials: Notice of
Applications for Modifications to
Special Permit
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Transportation (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
SUMMARY:
To authorize the transportation in commerce of satellites containing krypton, compressed in non-DOT
specification cylinders.
To authorize the transportation in commerce of Ammonium Nitrate-Fuel Oil mixture in blank bags with alternative marking.
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 September 23, 2021.
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 Safety General
Approvals and Permits Branch, Pipeline
and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, East Building, PHH–13,
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–13, 1200 New Jersey
Avenue Southeast, Washington, DC.
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 2,
2021.
Donald P. Burger,
Chief, General Approvals and Permits
Branch.
SPECIAL PERMITS DATA
Application
number
Applicant
Regulation(s) affected
Nature of the special permits thereof
10511–M ..........
173.304a .................................
20646–M ..........
Schlumberger Technology
Corp.
Bevin Bros Manufacturing
Company.
Cobham Mission Systems Orchard Park Inc.
Roeder Cartage Company, Incorporated.
Omni Tanker Pty. Ltd .............
To modify the special permit to authorize an additional packaging configuration. (modes 1, 2, 3, 4, 5)
To modify the special permit to authorize additional hazardous materials. (modes 1, 2, 3, 4, 5)
To modify the special permit to update the drawing revision
number of the packaging. (modes 1, 2, 3, 4, 5)
To modify the special permit to authorize an additional cargo
tank. (mode 1)
To modify the special permit to authorize additional hazardous materials and rail freight. (modes 1, 2)
21199–M ..........
Solvay Fluorides, LLC ............
21213–M ..........
Space Exploration Technologies Corp.
Volkswagen Group of America
Chattanooga Operations,
LLC.
10776–M ..........
13112–M ..........
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20351–M ..........
21240–M ..........
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17:21 Sep 07, 2021
Jkt 253001
173.302a(a)(1),
173.304a(a)(1).
173.302a(a)(1) ........................
180.407(c), 180.407(e),
180.407(f).
107.503(b), 107.503(c),
172.102(c)(3),
172.102(c)(7)(ii),
178.274(b), 178.274(c),
178.274(d).
173.227(c) ..............................
172.300, 172.400, 173.302(a)
172.101(j) ...............................
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Fmt 4703
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To modify the special permit to remove the requirement to
line the freight container with plywood. (mode 1)
To modify the special permit to increase the number of cylinders and add additional routes. (mode 1)
To modify the special permit to authorize an additional lithium ion battery. (mode 4)
E:\FR\FM\08SEN1.SGM
08SEN1
]]>Agencies
[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Notices]
[Pages 50427-50429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19463]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
Hazardous Materials: Notice of Actions on Special Permits
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of actions on special permit applications.
-----------------------------------------------------------------------
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.
DATES: Comments must be received on or before October 8, 2021.
[[Page 50428]]
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 Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 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-13, 1200 New
Jersey Avenue Southeast, Washington, DC.
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 2, 2021.
Donald P. Burger,
Chief, General Approvals and Permits Branch.
------------------------------------------------------------------------
Nature of the
Application No. Applicant Regulation(s) special permits
affected thereof
------------------------------------------------------------------------
Special Permits Data--Granted
------------------------------------------------------------------------
12240-M......... Spence Air 172.200, To modify the
Service. 172.301(c), special permit to
172.301(d), waive certain
175.75(b), marking and
175.310(a). shipping paper
requirements.
13220-M......... Entegris, Inc.. 173.302, To modify the
173.302c. special permit by
authorizing
additional carbon
steels specified
for the cylindrical
shell of the
pressure vessel.
14661-M......... FIBA 180.209(a), To modify the
Technologies, 180.209(a), special permit to
Inc. 180.209(b)(1), authorize
180.209(b)(1)( additional Division
iv). 2.1 and 2.2 hazmat.
20584-M......... Battery 173.185(f)(3), To modify the
Solutions, LLC. 173.185(c)(1)( special permit to
iii), authorize relief
173.185(c)(1)( from the UN 38.3
iv), testing and
173.185(c)(1)( recordkeeping
v), requirements of
173.185(c)(3), Sec. 173.185(a).
173.185(f),
173.185(f)(1),
173.185(a)(1).
20898-M......... Rivian 172.101(j), To modify the
Automotive, 173.185(a), special permit to
LLC. 173.185(b)(3)( authorize
i), additional
173.185(b)(3)( batteries and cargo
ii). vessel as a mode of
transportation.
21025-M......... Airgas USA, LLC 173.301(a)(6), To modify the
180.205(c). special permit to
authorize an
additional Division
2.2 hazmat.
21209-N......... Atlas Air, Inc. 172.101(j)..... To authorize the
transportation in
commerce of a
material forbidden
for transportation
by air by cargo-
only aircraft.
21229-N......... Mercedes-Benz 172.101(j), To authorize the
U.S. 173.185(b)(6). transportation in
International, commerce of certain
Inc. lithium ion battery
assemblies that
exceed 35 kg aboard
cargo-only
aircraft.
21240-N......... Volkswagen 172.101(j), To authorize the
Group of 173.185(b)(1). transportation in
America commerce of lithium
Chattanooga ion batteries
Operations, exceeding 35 kg by
LLC. cargo-only aircraft
in alternative
packaging.
21246-N......... Ensign-Bickford 172.320(a), To authorize the
Aerospace & 173.51(a), transportation in
Defense Co. 173.56(b). commerce of
subassembly
components of
previously approved
assemblies without
subassembly
components being
tested, classed,
and approved.
21256-N......... Veolia Es 173.56(b)...... To authorize the one-
Technical time, one-way
Solutions, LLC. transportation in
commerce of
unapproved
explosives
originating at
Aberdeen Proving
Ground and
transported to
Veolia's waste
incinerator for
final disposal
located at in
Sauget, Illinois.
21261-N......... Korean Airlines 172.101(j)(1), To authorize the
Co., Ltd. 173.27(b)(2), transportation in
173.27(b)(3), commerce of certain
175.30(a)(1). explosives that are
forbidden for
transportation by
cargo aircraft
only.
21264-N......... National Air 172.101(j), To authorize the
Cargo Group, 172.204(c)(3), transportation in
Inc. 173.27(b)(2), commerce of certain
173.27(b)(3), Division 1.1, 1.2,
175.30(a)(1). 1.3 and 1.4
explosives which
are forbidden or
exceed quantities
authorized for
transportation by
cargo aircraft
only.
------------------------------------------------------------------------
Special Permits Data--Denied
------------------------------------------------------------------------
20279-M......... City Carbonic 180.207(d)(1).. To modify the
LLC. special permit to
remove specific
manufacturer
applicability to
the manufacture of
authorized
cylinders.
21062-N......... Gas Innovations 171.23......... To authorize the
Inc. transportation in
commerce of
pressure drums
containing Hydrogen
chloride,
anhydrous, UN 1050
that do not meet
the requalification
requirement in Sec.
171.23 for
export.
21234-N......... Air Liquide 173.301........ To authorize the
Advanced transportation in
Materials Inc. commerce of
Dichlorosilane in
non-DOT
specification
cylinders.
[[Page 50429]]
21263-N......... Veolia Es 173.196(a)..... To authorize the
Technical transportation in
Solutions, LLC. commerce of certain
Monkeypox-
contaminated
medical waste to
Veolia ES Technical
Solutions, L.L.C.'s
Port Arthur, TX
incinerator for
disposal.
------------------------------------------------------------------------
Special Permits Data--Withdrawn
------------------------------------------------------------------------
21276-N......... Space 172.300, To authorize the
Exploration 172.400, transportation in
Technologies 173.302(a). commerce of
Corp. satellites
containing krypton,
compressed in non-
DOT specification
cylinders.
21277-N......... Wampum Hardware 178.703(a)(1).. To authorize the
Co. transportation in
commerce of
Ammonium Nitrate-
Fuel Oil mixture in
blank bags with
alternative
marking.
------------------------------------------------------------------------
[FR Doc. 2021-19463 Filed 9-7-21; 8:45 am]
BILLING CODE 4909-60-P
