Hazardous Materials: Notice of Applications for New Special Permits, 9961-9962 [2023-03208]
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Federal Register / Vol. 88, No. 31 / Wednesday, February 15, 2023 / Notices
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number, (FMCSA–2015–03023,
FMCSA–2016–0008, FMCSA–2018–
0056, or FMCSA–2019–0035) in the
keyword box and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘Browse Comments.’’ If you
do not have access to the internet, you
may view the docket online by visiting
Dockets Operations in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001, between 9
a.m. and 5 p.m. ET Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
ddrumheller on DSK120RN23PROD with NOTICES
B. Privacy Act
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
request. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov. As described in
the system of records notice DOT/ALL
14 (Federal Docket Management
System), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices, the comments are
searchable by the name of the submitter.
II. Background
On January 5, 2023, FMCSA
published a notice announcing its
decision to renew exemptions for seven
individuals from the epilepsy and
seizure disorders prohibition in 49 CFR
391.41(b)(8) to operate a CMV in
interstate commerce and requested
comments from the public (88 FR 904).
The public comment period ended on
February 6, and five comments were
received.
FMCSA has evaluated the eligibility
of these applicants and determined that
renewing these exemptions would likely
achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved by complying
with § 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
§ 391.41(b)(8) states that a person is
physically qualified to drive a CMV if
that person has no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause the loss of consciousness or any
loss of ability to control a CMV.
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21:16 Feb 14, 2023
Jkt 259001
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce.
III. Discussion of Comments
FMCSA received no comments in this
preceding.
IV. Conclusion
Based on its evaluation of the seven
renewal exemption applications and the
fact that no comments were received,
FMCSA announces its decision to
exempt the following drivers from the
epilepsy and seizure disorders
prohibition in § 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), the following groups of
drivers received renewed exemptions in
the month of January and are discussed
below.
As of January 1, 2023, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following six individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (88 FR 904):
Robert Davidson (ID)
Jordan Hyster (OH)
Everett Letourneau (ND)
Douglas Simms (NC)
Donald Smith (NY)
Ronald Wagner (OH)
The drivers were included in docket
number FMCSA–2015–03023, FMCSA–
2016–0008, FMCSA–2018–0056, or
FMCSA–2019–0035. Their exemptions
were applicable as of January 1, 2023
and will expire on January 1, 2025.
As of January 11, 2023, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), Robert Schauer (IA) has
satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (88 FR 904).
This driver was included in docket
number FMCSA–2016–0008. Their
exemption was applicable as of January
11, 2023 and will expire on January 11,
2025.
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) the person fails to
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5, which is available on the internet at https://
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.
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9961
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and
31315(b).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–03214 Filed 2–14–23; 8:45 am]
BILLING CODE 4910–EX–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
has received the application described
herein.
DATES: Comments must be received on
or before March 17, 2023.
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.
SUPPLEMENTARY INFORMATION: 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.
SUMMARY:
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9962
Federal Register / Vol. 88, No. 31 / Wednesday, February 15, 2023 / Notices
Copies of the applications are
available for inspection in the Records
Center, East Building, PHH–13, 1200
New Jersey Avenue Southeast,
Washington DC.
Application
No.
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)).
Applicant
Regulation(s) affected
Issued in Washington, DC, on February 7,
2023.
Donald P. Burger,
Chief, General Approvals and Permits
Branch.
Nature of the special permits thereof
Special Permits Data
21499–N .......
Pollution Control Inc .......................
172.320, 173.56(b) .........................
21500–N .......
American Ecycle Inc .......................
173.185(f) .......................................
21501–N .......
Luxfer Inc ........................................
173.301(f), 173.302(a) ....................
21504–N .......
Construction Helicopters, Inc .........
172.101(j), 173.27(b)(2) .................
21509–N .......
KULR Technology Corporation ......
173.6(a)(1), 173.6(d) ......................
21510–N .......
ENK Co. Ltd ...................................
173.302a(b)(2), 173.302a(b)(3),
173.302a(b)(4), 173.302a(b)(5),
180.205(c), 180.205(f),
180.205(i), 180.209(a), 180.213.
21512–N .......
KLA Corporation .............................
171.1 ...............................................
21513–N .......
The Chemours Company Fc LLC ..
173.301(f)(2), 177.840(a)(1) ...........
21517–N .......
Bayerische Motoren Werke Aktiengesellschaft.
172.101(j) .......................................
21518–N .......
Bedrock Ocean Exploration, PBC ..
172.101(j) .......................................
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
ddrumheller on DSK120RN23PROD with NOTICES
Pipeline and Hazardous Materials
Safety Administration
Hazardous Materials: Notice of Actions
on Special Permits
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
Notice of actions on special
permit applications.
ACTION:
VerDate Sep<11>2014
21:16 Feb 14, 2023
Jkt 259001
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:
[FR Doc. 2023–03208 Filed 2–14–23; 8:45 am]
AGENCY:
To authorize the transportation in commerce of an
explosive for the that has not been examined and
classified in accordance with 49 CFR 173.56(b).
(mode 1)
To authorize the transportation in commerce of damaged lithium ion batteries in alternative packaging
for destruction or recycling. (mode 1)
To authorize the manufacture, mark, sale, and use
of a non-DOT specification fully wrapped fiber reinforced composite gas cylinder with a non-load
sharing plastic liner that meets the ISO 11119–3
standard except for the design water capacity and
working pressure. (modes 1, 2, 3, 4)
To authorize the transportation in commerce of Division 1.1, 1.2, 1.3 and 1.4 explosives, which are
forbidden or exceed quantities authorized for
transportation via cargo-only aircraft. (mode 4)
To authorize the transportation in commerce of lithium batteries as Materials of Trade when the
quantities of batteries exceed the limitation specified in 173.6. (mode 1)
To authorize the transportation in commerce of certain gases in DOT 3AA, 3AA, or 3T cylinders. The
cylinders are retested by acoustic emission and ultrasonic examination (AE/UE) described in paragraph 7 below in place of the internal visual inspection and the hydrostatic retest required in
§ 180.205. (modes 1, 2, 3, 4, 5)
To authorize the transportation in commerce of a Division 4.1 flammable solid within an article as no
subject to the requirements of the Hazardous Materials Regulations. (modes 1, 3, 4, 5)
To authorize the transportation in commerce of certain Division 2.1 gases in cylinders without the
pressure relief device (PRD) being in communication with the vapor space. (mode 1)
To authorize the transportation in commerce of lithium batteries exceeding 35 kg via cargo-only aircraft. (mode 4)
To authorize the transportation in commerce of prototype lithium batteries exceeding 35 kg via cargoonly aircraft. (mode 4)
Comments must be received on
or before March 17, 2023.
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
DATES:
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
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
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Notices]
[Pages 9961-9962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03208]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
Hazardous Materials: Notice of Applications for New Special
Permits
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: List of applications for 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.
DATES: Comments must be received on or before March 17, 2023.
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: 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.
[[Page 9962]]
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 February 7, 2023.
Donald P. Burger,
Chief, General Approvals and Permits Branch.
------------------------------------------------------------------------
Nature of the
Application No. Applicant Regulation(s) special permits
affected thereof
------------------------------------------------------------------------
Special Permits Data
------------------------------------------------------------------------
21499-N........... Pollution 172.320, To authorize the
Control Inc. 173.56(b). transportation
in commerce of
an explosive
for the that
has not been
examined and
classified in
accordance with
49 CFR
173.56(b).
(mode 1)
21500-N........... American Ecycle 173.185(f)...... To authorize the
Inc. transportation
in commerce of
damaged lithium
ion batteries
in alternative
packaging for
destruction or
recycling.
(mode 1)
21501-N........... Luxfer Inc...... 173.301(f), To authorize the
173.302(a). manufacture,
mark, sale, and
use of a non-
DOT
specification
fully wrapped
fiber
reinforced
composite gas
cylinder with a
non-load
sharing plastic
liner that
meets the ISO
11119-3
standard except
for the design
water capacity
and working
pressure.
(modes 1, 2, 3,
4)
21504-N........... Construction 172.101(j), To authorize the
Helicopters, 173.27(b)(2). transportation
Inc. in commerce of
Division 1.1,
1.2, 1.3 and
1.4 explosives,
which are
forbidden or
exceed
quantities
authorized for
transportation
via cargo-only
aircraft. (mode
4)
21509-N........... KULR Technology 173.6(a)(1), To authorize the
Corporation. 173.6(d). transportation
in commerce of
lithium
batteries as
Materials of
Trade when the
quantities of
batteries
exceed the
limitation
specified in
173.6. (mode 1)
21510-N........... ENK Co. Ltd..... 173.302a(b)(2), To authorize the
173.302a(b)(3), transportation
173.302a(b)(4), in commerce of
173.302a(b)(5), certain gases
180.205(c), in DOT 3AA,
180.205(f), 3AA, or 3T
180.205(i), cylinders. The
180.209(a), cylinders are
180.213. retested by
acoustic
emission and
ultrasonic
examination (AE/
UE) described
in paragraph 7
below in place
of the internal
visual
inspection and
the hydrostatic
retest required
in Sec.
180.205. (modes
1, 2, 3, 4, 5)
21512-N........... KLA Corporation. 171.1........... To authorize the
transportation
in commerce of
a Division 4.1
flammable solid
within an
article as no
subject to the
requirements of
the Hazardous
Materials
Regulations.
(modes 1, 3, 4,
5)
21513-N........... The Chemours 173.301(f)(2), To authorize the
Company Fc LLC. 177.840(a)(1). transportation
in commerce of
certain
Division 2.1
gases in
cylinders
without the
pressure relief
device (PRD)
being in
communication
with the vapor
space. (mode 1)
21517-N........... Bayerische 172.101(j)...... To authorize the
Motoren Werke transportation
Aktiengesellsch in commerce of
aft. lithium
batteries
exceeding 35 kg
via cargo-only
aircraft. (mode
4)
21518-N........... Bedrock Ocean 172.101(j)...... To authorize the
Exploration, transportation
PBC. in commerce of
prototype
lithium
batteries
exceeding 35 kg
via cargo-only
aircraft. (mode
4)
------------------------------------------------------------------------
[FR Doc. 2023-03208 Filed 2-14-23; 8:45 am]
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