Hazardous Materials: Notice of Actions on Special Permits, 50427-50429 [2021-19463]

Download as PDF 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 jbell on DSKJLSW7X2PROD with NOTICES 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. VerDate Sep<11>2014 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. PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 Comments must be received on or before October 8, 2021. DATES: E:\FR\FM\08SEN1.SGM 08SEN1 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. jbell on DSKJLSW7X2PROD with NOTICES 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 .................................................... VerDate Sep<11>2014 17:21 Sep 07, 2021 Jkt 253001 PO 00000 Frm 00106 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. E:\FR\FM\08SEN1.SGM 08SEN1 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 .......... jbell on DSKJLSW7X2PROD with NOTICES 20351–M .......... 21240–M .......... VerDate Sep<11>2014 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) ............................... PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 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]


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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