81_FR_16333 81 FR 16275 - Hazardous Materials: Notice of Applications for Special Permits

81 FR 16275 - Hazardous Materials: Notice of Applications for Special Permits

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 81, Issue 58 (March 25, 2016)

Page Range16275-16276
FR Document2016-05922

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), 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.

Federal Register, Volume 81 Issue 58 (Friday, March 25, 2016)
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16275-16276]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05922]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration


Hazardous Materials: Notice of Applications for 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 (49 CFR part 107, 
subpart B), 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 April 25, 2016.
    Address comments to: 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: Ryan Paquet, Director, 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.
    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 March 10, 2016.
Donald Burger,
Chief, Office of the Special Permits and Approvals.

----------------------------------------------------------------------------------------------------------------
                                                                     Regulation(s)       Nature of the special
   Application number     Docket  number        Applicant              affected             permits thereof
----------------------------------------------------------------------------------------------------------------
                                              SPECIAL PERMITS DATA
----------------------------------------------------------------------------------------------------------------
20205-N.................  ..............  Tier Holdings, LLC...  173.244.............  To authorize the one-time
                                                                                        movement of a tank built
                                                                                        in accordance with ASME
                                                                                        section VIII Div. 1.
                                                                                        2013 containing no more
                                                                                        than 3,500 pounds of
                                                                                        sodium metal.
20213-N.................  ..............  West Cryogenics, Inc.  172.203(a),           To authorize the repair
                                                                  172.301(c),           of certain DOT 4L
                                                                  180.211(c)(2)(i).     cylinders without
                                                                                        requiring pressure
                                                                                        testing to the internal
                                                                                        jacket.

[[Page 16276]]

 
20214-N.................  ..............  University of          177.817, 177.823(a),  To authorize the
                                           Southern California.   172.200, 172.300,     transportation in
                                                                  172.602(c)(1),        commerce of certain
                                                                  172.604(a)(3),        waste materials on
                                                                  172.400.              approximately 0.4 mile
                                                                                        of public roads without
                                                                                        being subject to certain
                                                                                        hazard communication
                                                                                        requirements.
20215-N.................  ..............  Pollux Aviation, Ltd.  175.30(a)(1),         To authorize the
                                                                  172.101(j).           transportation in
                                                                                        commerce of diesel and
                                                                                        gasoline in amounts that
                                                                                        exceed the quantity
                                                                                        limitations for
                                                                                        transportation by 14 CFR
                                                                                        part 133 Rotorcraft
                                                                                        External Load Operations
                                                                                        transporting hazardous
                                                                                        materials attached to or
                                                                                        suspended from an
                                                                                        aircraft in remote areas
                                                                                        of the U.S. only, when
                                                                                        no other means of
                                                                                        transportation are
                                                                                        available.
20217-N.................  ..............  Nuance Medical, LLC..  171.23(b), 171.8,     To authorize the
                                                                  173.304a(a)(1),       transportation in
                                                                  173.306(a)(3).        commerce of certain
                                                                                        Division 2.1 gases in a
                                                                                        DOT 2Q container.
20218-N.................  ..............  Tremear, Inc.........  178.345-2, 178.346-   To authorize the
                                                                  2, 178.347-2(a),      manufacture, marking,
                                                                  178.348-2(a).         sale, and use of DOT 400
                                                                                        series cargo tank motor
                                                                                        vehicles fabricated
                                                                                        using materials not
                                                                                        authorized in Sec.
                                                                                        178.345-2, and
                                                                                        thicknesses not
                                                                                        authorized in Sec.  Sec.
                                                                                          178.346-2, 178.347-2
                                                                                        and 178.348-2.
20219-N.................  ..............  Coastal Helicopters,   175.30(a)(1),         To authorize the
                                           Inc.                   175.75, 172.101(j),   transportation in
                                                                  172.101(j)(1),        commerce of certain
                                                                  172.200(a),           hazardous materials by
                                                                  172.204(c)(3),        14 CFR part 133
                                                                  172.300(a),           Rotorcraft External Load
                                                                  172.300(b),           Operations, transporting
                                                                  173.27(b)(2).         hazardous materials
                                                                                        attached to or suspended
                                                                                        from an aircraft, in
                                                                                        remote areas of the U.S.
                                                                                        only, without being
                                                                                        subject to hazard
                                                                                        communication
                                                                                        requirements, quantity
                                                                                        limitations and certain
                                                                                        loading and stowage
                                                                                        requirements.
20220-N.................  ..............  Agility Fuel Systems,  173.220(a)..........  To authorize the
                                           Inc.                                         transportation in
                                                                                        commerce of compressed
                                                                                        natural gas fuel systems
                                                                                        that are not part of an
                                                                                        internal combustion
                                                                                        engine.
20221-N.................  ..............  Comet Technologies     173.304a(a)(2)......  To authorize the
                                           USA, Inc.                                    transportation in
                                                                                        commerce of a Division
                                                                                        2.2 gas in a non-DOT
                                                                                        specification pressure
                                                                                        vessel.
20224-N.................  ..............  Axalta Coating         172.504(a), 173.242,  To authorize the
                                           Systems, LLC.          172.101(c)(10)(ii)(   transportation in
                                                                  F)(iii), 172.302a.    commerce of certain
                                                                                        waste paints and paint
                                                                                        related materials, Class
                                                                                        3, in metal or plastic
                                                                                        pails, packed in roll-
                                                                                        off containers.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-05922 Filed 3-24-16; 8:45 am]
 BILLING CODE 4909-60-M



                                                                                        Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices                                                            16275

                                                    to the public pursuant to the library                            submitted pursuant to 49 CFR                                  for, and the processing of, special
                                                    provision of copyright law. See 17                               573.6(c)(10) or 579.5. The Agency will                        permits from the Department of
                                                    U.S.C. 108.                                                      also post manufacturer indexes for                            Transportation’s Hazardous Material
                                                       Congress necessarily made the                                 communications submitted to the                               Regulations (49 CFR part 107, subpart
                                                    decision in enacting MAP–21, that                                Agency on or after October 1, 2012 on                         B), notice is hereby given that the Office
                                                    copyright law does not restrict NHTSA                            a rolling basis as compliant indexes are                      of Hazardous Materials Safety has
                                                    from publicly posting copies of all                              received. The Agency intends to make                          received the application described
                                                    manufacturer communications received                             manufacturer indexes available in a                           herein. Each mode of transportation for
                                                    by the Agency pursuant to 49 U.S.C.                              searchable format.                                            which a particular special permit is
                                                    30166(f) on its Web site. Indeed, 49                                Applicability/Legal Statement: This                        requested is indicated by a number in
                                                    U.S.C. 30166(f) expressly requires the                           Enforcement Guidance Bulletin sets                            the ‘‘Nature of Application’’ portion of
                                                    Agency to do so.                                                 forth NHTSA’s current interpretation                          the table below as follows: 1—Motor
                                                       MAP–21 trumps the limited waiver of                           and thinking on this topic and guiding                        vehicle, 2—Rail freight, 3—Cargo vessel,
                                                    sovereign immunity for copyright                                 principles and best practices to be                           4—Cargo aircraft only, 5—Passenger-
                                                    infringement claims. See 28 U.S.C.                               utilized in complying with the legal                          carrying aircraft.
                                                    1498(b). Congress could not have                                 requirements of 49 U.S.C. 30166(f). This
                                                    intended to allow manufacturers to                               Bulletin is not a final agency action and                     DATES:  Comments must be received on
                                                    assert copyright infringement against                            is intended as guidance only. This                            or before April 25, 2016.
                                                    the federal government based on the                              Bulletin is not intended, nor can it be                          Address comments to: Record Center,
                                                    Agency’s publication of service                                  relied upon, to create any rights                             Pipeline and Hazardous Materials Safety
                                                    bulletins and other manufacturer                                 enforceable by any party against                              Administration U.S. Department of
                                                    communications on its Web site in light                          NHTSA, the Department of                                      Transportation Washington, DC 20590.
                                                    of the express statutory requirement that                        Transportation, or the United States.
                                                                                                                                                                                      Comments should refer to the
                                                    the Agency do so. See Food & Drug                                Moreover, these recommended practices
                                                                                                                                                                                   application number and be submitted in
                                                    Admin. v. Brown & Williamson Tobacco                             to not establish any defense to any
                                                                                                                                                                                   triplicate. If confirmation of receipt of
                                                    Corp., 529 U.S. 120, 143 (2000) (‘‘The                           violations of the statutes and regulations
                                                                                                                                                                                   comments is desired, include a self-
                                                    classic judicial task of reconciling many                        that NHTSA administers. This Bulletin
                                                                                                                                                                                   addressed stamped postcard showing
                                                    laws enacted over time, and getting                              may be revised without notice to reflect
                                                                                                                                                                                   the special permit number.
                                                    them to ‘make sense’ in combination,                             changes in NHTSA’s evaluation and
                                                    necessarily assumes that the                                     analysis, or to clarify and update text.                      FOR FURTHER INFORMATION CONTACT:
                                                    implications of a statute may be altered                           Authority: 49 U.S.C. 30101, et seq.; 49                     Ryan Paquet, Director, Office of
                                                    by the implications of a later statute.                          U.S.C. 30165(a)(3), 30166(f); delegations of                  Hazardous Materials Approvals and
                                                    This is particularly so where the scope                          authority at 49 CFR 1.95(a), 501.2(a)(1),                     Permits Division, Pipeline and
                                                    of the earlier statute is broad but the                          501.5.                                                        Hazardous Materials Safety
                                                    subsequent statutes more specifically                              Issued on: March 21, 2016.                                  Administration, U.S. Department of
                                                    address the topic at hand . . . . [A]                            Paul A. Hemmersbaugh,                                         Transportation, East Building, PHH–30,
                                                    specific policy embodied in a later                              Chief Counsel.                                                1200 New Jersey Avenue Southeast,
                                                    federal statute should control our                               [FR Doc. 2016–06759 Filed 3–24–16; 8:45 am]
                                                                                                                                                                                   Washington, DC 20590–0001, (202) 366–
                                                    construction of the earlier statute, even                                                                                      4535.
                                                                                                                     BILLING CODE 4910–59–P
                                                    though it has not been expressly                                                                                               SUPPLEMENTARY INFORMATION:     Copies of
                                                    amended.’’) (internal quotation marks,                                                                                         the applications are available for
                                                    brackets, and citations omitted).                                DEPARTMENT OF TRANSPORTATION                                  inspection in the Records Center, East
                                                       Because the law directs the Agency to                                                                                       Building, PHH–30, 1200 New Jersey
                                                    make manufacturer communications                                 Pipeline and Hazardous Materials                              Avenue Southeast, Washington, DC or at
                                                    publicly available on its Web site, the                          Safety Administration                                         http://regulations.gov.
                                                    Agency is acting to effectuate the law.
                                                    The Agency will post on its Web site                             Hazardous Materials: Notice of                                  This notice of receipt of applications
                                                    those manufacturer communications                                Applications for Special Permits                              for special permit is published in
                                                    submitted to the Agency on or after the                                                                                        accordance with Part 107 of the Federal
                                                                                                                     AGENCY:  Pipeline and Hazardous                               hazardous materials transportation law
                                                    October 1, 2012 effective date of MAP–                           Materials Safety Administration
                                                    21 that are not already available on the                                                                                       (49 U.S.C. 5117(b); 49 CFR 1.53(b)).
                                                                                                                     (PHMSA), DOT.
                                                    Agency’s Web site. Going forward, the                            ACTION: List of applications for special                        Issued in Washington, DC, on March 10,
                                                    Agency intends to post to its public Web                                                                                       2016.
                                                                                                                     permits.
                                                    site all manufacturer communications                                                                                           Donald Burger,
                                                    submitted pursuant to 49 U.S.C.                                  SUMMARY: In accordance with the                               Chief, Office of the Special Permits and
                                                    30166(f), including documents                                    procedures governing the application                          Approvals.

                                                       Application          Docket                             Applicant                 Regulation(s) affected                       Nature of the special permits thereof
                                                        number              number
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                SPECIAL PERMITS DATA

                                                    20205–N ........   ........................     Tier Holdings, LLC .........   173.244 ..................................   To authorize the one-time movement of a tank
                                                                                                                                                                                  built in accordance with ASME section VIII Div.
                                                                                                                                                                                  1. 2013 containing no more than 3,500 pounds
                                                                                                                                                                                  of sodium metal.
                                                    20213–N ........   ........................     West Cryogenics, Inc .....     172.203(a), 172.301(c),                      To authorize the repair of certain DOT 4L cyl-
                                                                                                                                     180.211(c)(2)(i).                            inders without requiring pressure testing to the
                                                                                                                                                                                  internal jacket.



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                                                    16276                               Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices

                                                       Application          Docket                             Applicant                  Regulation(s) affected                   Nature of the special permits thereof
                                                        number              number

                                                    20214–N ........   ........................     University of Southern            177.817, 177.823(a), 172.200,             To authorize the transportation in commerce of
                                                                                                      California.                       172.300, 172.602(c)(1),                   certain waste materials on approximately 0.4
                                                                                                                                        172.604(a)(3), 172.400.                   mile of public roads without being subject to
                                                                                                                                                                                  certain hazard communication requirements.
                                                    20215–N ........   ........................     Pollux Aviation, Ltd ........     175.30(a)(1), 172.101(j) ......... To authorize the transportation in commerce of
                                                                                                                                                                                  diesel and gasoline in amounts that exceed the
                                                                                                                                                                                  quantity limitations for transportation by 14 CFR
                                                                                                                                                                                  part 133 Rotorcraft External Load Operations
                                                                                                                                                                                  transporting hazardous materials attached to or
                                                                                                                                                                                  suspended from an aircraft in remote areas of
                                                                                                                                                                                  the U.S. only, when no other means of trans-
                                                                                                                                                                                  portation are available.
                                                    20217–N ........   ........................     Nuance Medical, LLC ....          171.23(b), 171.8,                         To authorize the transportation in commerce of
                                                                                                                                        173.304a(a)(1),                           certain Division 2.1 gases in a DOT 2Q con-
                                                                                                                                        173.306(a)(3).                            tainer.
                                                    20218–N ........   ........................     Tremear, Inc ..................   178.345–2, 178.346–2,                     To authorize the manufacture, marking, sale, and
                                                                                                                                        178.347–2(a), 178.348–2(a).               use of DOT 400 series cargo tank motor vehi-
                                                                                                                                                                                  cles fabricated using materials not authorized in
                                                                                                                                                                                  § 178.345–2, and thicknesses not authorized in
                                                                                                                                                                                  §§ 178.346–2, 178.347–2 and 178.348–2.
                                                    20219–N ........   ........................     Coastal Helicopters, Inc          175.30(a)(1), 175.75,                     To authorize the transportation in commerce of
                                                                                                                                        172.101(j), 172.101(j)(1),                certain hazardous materials by 14 CFR part
                                                                                                                                        172.200(a), 172.204(c)(3),                133 Rotorcraft External Load Operations, trans-
                                                                                                                                        172.300(a), 172.300(b),                   porting hazardous materials attached to or sus-
                                                                                                                                        173.27(b)(2).                             pended from an aircraft, in remote areas of the
                                                                                                                                                                                  U.S. only, without being subject to hazard com-
                                                                                                                                                                                  munication requirements, quantity limitations
                                                                                                                                                                                  and certain loading and stowage requirements.
                                                    20220–N ........   ........................     Agility Fuel Systems, Inc         173.220(a) .............................. To authorize the transportation in commerce of
                                                                                                                                                                                  compressed natural gas fuel systems that are
                                                                                                                                                                                  not part of an internal combustion engine.
                                                    20221–N ........   ........................     Comet Technologies                173.304a(a)(2) ....................... To authorize the transportation in commerce of a
                                                                                                      USA, Inc.                                                                   Division 2.2 gas in a non-DOT specification
                                                                                                                                                                                  pressure vessel.
                                                    20224–N ........   ........................     Axalta Coating Systems,           172.504(a), 173.242,                      To authorize the transportation in commerce of
                                                                                                      LLC.                              172.101(c)(10)(ii)(F)(iii),               certain waste paints and paint related materials,
                                                                                                                                        172.302a.                                 Class 3, in metal or plastic pails, packed in roll-
                                                                                                                                                                                  off containers.



                                                    [FR Doc. 2016–05922 Filed 3–24–16; 8:45 am]                      received the application described                        Hazardous Materials Approvals and
                                                    BILLING CODE 4909–60–M                                           herein. Each mode of transportation for                   Permits Division, Pipeline and
                                                                                                                     which a particular special permit is                      Hazardous Materials Safety
                                                                                                                     requested is indicated by a number in                     Administration, U.S. Department of
                                                    DEPARTMENT OF TRANSPORTATION                                     the ‘‘Nature of Application’’ portion of                  Transportation, East Building, PHH–30,
                                                                                                                     the table below as follows: 1—Motor                       1200 New Jersey Avenue Southeast,
                                                    Pipeline and Hazardous Materials                                 vehicle, 2—Rail freight, 3—Cargo vessel,                  Washington, DC 20590–0001, (202) 366–
                                                    Safety Administration                                            4—Cargo aircraft only, 5—Passenger-                       4535.
                                                    Hazardous Materials: Notice of                                   carrying aircraft.                                        SUPPLEMENTARY INFORMATION: Copies of
                                                    Applications for Special Permits                                 DATES: Comments must be received on                       the applications are available for
                                                                                                                     or before April 25, 2016.                                 inspection in the Records Center, East
                                                    AGENCY:  Pipeline and Hazardous                                                                                            Building, PHH–30, 1200 New Jersey
                                                                                                                     ADDRESSES COMMENTS TO: Record
                                                    Materials Safety Administration                                                                                            Avenue Southeast, Washington, DC or at
                                                                                                                     Center, Pipeline and Hazardous
                                                    (PHMSA), DOT.                                                                                                              http://regulations.gov.
                                                                                                                     Materials Safety Administration U.S.
                                                    ACTION: List of Applications for Special                                                                                     This notice of receipt of applications
                                                                                                                     Department of Transportation
                                                    Permits.                                                         Washington, DC 20590.                                     for special permit is published in
                                                    SUMMARY:   In accordance with the                                   Comments should refer to the                           accordance with Part 107 of the Federal
                                                    procedures governing the application                             application number and be submitted in                    hazardous materials transportation law
                                                    for, and the processing of, special                              triplicate. If confirmation of receipt of                 (49 U.S.C. 5117(6); 49 CFR 1.53(b)).
                                                    permits from the Department of                                   comments is desired, include a self-                        Issued in Washington, DC, on March 10,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Transportation’s Hazardous Material                              addressed stamped postcard showing                        2016.
                                                    Regulations (49 CFR part 107, subpart                            the special permit number.                                Donald Burger,
                                                    B), notice is hereby given that the Office                       FOR FURTHER INFORMATION CONTACT:                          Chief, Office of the Special Permits and
                                                    of Hazardous Materials Safety has                                Ryan Paquet, Director, Office of                          Approvals.




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Document Created: 2018-02-02 15:17:45
Document Modified: 2018-02-02 15:17:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionList of applications for special permits.
DatesComments must be received on or before April 25, 2016.
ContactRyan Paquet, Director, 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.
FR Citation81 FR 16275 

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