Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 / Notices 82291 

multiple locations on the signage.’’ 

However, Blue Bird did not provide any 

evidence to demonstrate the ease by 

which such manual errors could occur. 

NHTSA also does not agree with Blue 

Bird that ‘‘Blue Bird has demonstrated 

that manual use of Vernier calipers can 

create discrepancies and variations 

when distinguishing variations as small 

as .118 cm,’’ as no such demonstrations 

were provided as part of Blue Bird’s 

petition. Consequently, NHTSA is not 

persuaded by Blue Bird’s argument that 

Vernier calipers can be inaccurate and 

inconsistent for the measurement of 

label letter heights, as no evidence was 

provided in support of this claim. 

Arguments about how the lettering 

height is measured are also not relevant 

given that Blue Bird has acknowledged 

its lettering height actually did not meet 

the minimum lettering height 

requirement of the standard. 

Regarding the additional requirements 

at S5.5.3(b) of FMVSS No. 217 for the 

operating instructions, NHTSA agrees 

with Blue Bird that the operating 

instructions ‘‘lettering meets all other 

labeling requirements’’ at S5.5.3(b) of 

FMVSS No. 217, but NHTSA does not 

agree with Blue Bird that partial 

compliance with FMVSS No. 217 is 

sufficient to render the partial 

noncompliance inconsequential to 

safety. NHTSA is not persuaded by Blue 

Bird’s argument that meeting the other 

requirements within S5.5.3(b) of FMVSS 

No. 217 for the operating instructions 

mitigates Blue Bird’s noncompliance 

with the letter height requirement, as no 

evidence was provided in support of 

this claim. 

VII. NHTSA’s Decision 

In consideration of the foregoing, 

NHTSA has decided that Blue Bird has 

not met its burden of persuasion that the 

subject FMVSS No. 217 noncompliance 

is inconsequential to motor vehicle 

safety. Accordingly, Blue Bird’s petition 

is hereby denied and Blue Bird is 

consequently obligated to provide 

notification of and free remedy for that 

noncompliance under 49 U.S.C. 30118 

and 30120. 

(Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at 49 CFR 1.95 and 

501.8) 

Eileen Sullivan, 

Associate Administrator for Enforcement. 

[FR Doc. 2024–23460 Filed 10–9–24; 8:45 am] 

BILLING CODE 4910–59–P 

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 November 12, 2024. 

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. 

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 October 1, 

2024. 

Donald P. Burger, 

Chief, General Approvals and Permits 

Branch. 

SPECIAL PERMITS DATA

Application 

No. Applicant Regulation(s) affected Nature of the special permits thereof 

21856–N ....... Lynden Air Cargo, LLC .......... 172.101(j) .................................... To authorize the transportation in commerce of certain cryogenic liquids by air in quantities that exceed the limits 

specified in Column 9B of the 172.101 Hazardous Materials Table. (mode 4) 

21857–N ....... Trinity Industries, Inc ............. 172.203(a), 173.319, 179.401–1 To authorize the manufacture, mark, sale, and use of DOT 

specification 113A90W tank cars for the transportation of 

certain non-flammable cryogenic liquids. (mode 2) 

21859–N ....... Plastipak Packaging, Inc ....... 178.33b–5(a), 178.33b–6(a) ....... To authorize the manufacture, mark, sale, and use of nonDOT specification plastic non-refillable inside containers 

conforming with all regulations applicable to a DOT specification 2S plastic inside container, except that recycled 

plastic may be used, for the transportation in commerce 

of the hazardous materials in paragraph 6. (modes 1, 2, 

3, 4, 5) 

21863–N ....... Munro & Associates, Inc ........ 173.185(f) .................................... To authorize the transportation in commerce of a damaged 

lithium ion battery. (mode 1) 


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82292 Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 / Notices 

SPECIAL PERMITS DATA—Continued 

Application 

No. Applicant Regulation(s) affected Nature of the special permits thereof 

21864–N ....... Arrowhead Industrial Services 

(U.S.A.), Inc.

172.203(a), 172.301(c), 

173.301(a), 173.301(f)(1).

To authorize the transportation in commerce of certain DOT 

specification cylinders, UN/ISO pressure vessels, or pressure vessels constructed to Internationally recognized 

standards as listed in Table 1 of Arrowhead Transportation SOP, AISI–TransportSP–000 containing Division 

2.1 or 2.2 materials for the purpose of performing certain 

qualification tests that cannot be performed at their current location. (mode 1) 

21865–N ....... Chemstream, Inc ................... 172.102(c)(3) .............................. To authorize the use of MC 312 or DOT 412 cargo tank 

fitted with venting and a pressure relief device for the 

transportation in commerce of hydrogen peroxide. (mode 

1) 

21866–N ....... Electronic Recyclers International Inc.172.700(a), 172.400, 172.200, 

172.300, 172.102(c)(2), 

173.159a(c)(2), 

173.185(c)(1)(iii), 

173.185(c)(1)(iv), 

173.185(c)(1)(v), 

173.185(c)(3), 173.185(f).

To authorize the transportation in commerce of DDR and 

end of life batteries and to allow various chemistries in 

the same alternative packaging. (mode 1) 

21867–N ....... Oxyde Chemicals, Inc ............ 171.22(c), 173.241, 173.241(c) .. To authorize the use of non-DOT specification bulk packaging (Flexitank) fitted inside an intermodal container for 

the transportation of specified materials by motor vehicle, 

specifically to deliver the container to the port of lading to 

board a container ship for export. (modes 1, 3) 

21869–N ....... Van Troxel International Inc .. Part 172 Subparts C, D, E, and 

F, 173.302a(a)(1), 

173.304a(a)(1).

To authorize the transportation in commerce of non-compliant inner containers that have not been appropriately 

marked. (mode 1) 

21870–N ....... Air Transport International, 

Inc.

172.101(j), 173.27(b) .................. To authorize the transportation in commerce of cesium by 

passenger-carrying aircraft which is forbidden for transport aboard passenger-carrying aircraft per Column 9A of 

the 172.101 HMR. (mode 5) 

[FR Doc. 2024–23407 Filed 10–9–24; 8:45 am] 

BILLING CODE P 

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 November 12, 2024. 

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: 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 October 1, 

2024. 

Donald P. Burger, 

Chief, General Approvals and Permits 

Branch. 

SPECIAL PERMITS DATA—GRANTED

Application 

No. Applicant Regulation(s) affected Nature of the special permits thereof 

16118–M ....... Toyota Motor Sales USA Inc 173.301(a)(1) .............................. To modify the special permit to align with the provisions in 

the UN Model Regulations, Special Provision 392. 

21547–M ....... Mazda Motor of America, Inc 172.101(j) .................................... To modify the special permit to authorize an additional lithium battery. 

21683–N ....... Colep Packaging Portugal, 

S.A.

178.33–7(a), 178.33a–7(a) ......... To authorize the manufacture, mark, sale, and use of nonDOT specification receptacles with reduced wall thickness. 


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