Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices 50427 

1The 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. 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Background 

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. 

Applicant’s Request 

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; 

• 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 

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. 


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50428 Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices 

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 September 2, 

2021. 

Donald P. Burger, 

Chief, General Approvals and Permits 

Branch. 

Application 

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

Special Permits Data—Granted 

12240–M ...... Spence Air Service ............ 172.200, 172.301(c), 172.301(d), 

175.75(b), 175.310(a).

To modify the special permit to waive certain marking 

and shipping paper requirements. 

13220–M ...... Entegris, Inc ....................... 173.302, 173.302c ................................... To modify the special permit by authorizing additional 

carbon steels specified for the cylindrical shell of the 

pressure vessel. 

14661–M ...... FIBA Technologies, Inc ..... 180.209(a), 180.209(a), 180.209(b)(1), 

180.209(b)(1)(iv).

To modify the special permit to authorize additional Division 2.1 and 2.2 hazmat. 

20584–M ...... Battery Solutions, LLC ....... 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).

To modify the special permit to authorize relief from 

the UN 38.3 testing and recordkeeping requirements 

of § 173.185(a). 

20898–M ...... Rivian Automotive, LLC ..... 172.101(j), 173.185(a), 173.185(b)(3)(i), 

173.185(b)(3)(ii).

To modify the special permit to authorize additional 

batteries and cargo vessel as a mode of transportation. 

21025–M ...... Airgas USA, LLC ............... 173.301(a)(6), 180.205(c) ........................ To modify the 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 cargoonly aircraft. 

21229–N ...... Mercedes-Benz U.S. International, Inc.172.101(j), 173.185(b)(6) ......................... To authorize the transportation in commerce of certain 

lithium ion battery assemblies that exceed 35 kg 

aboard cargo-only aircraft. 

21240–N ...... Volkswagen Group of 

America Chattanooga 

Operations, LLC.

172.101(j), 173.185(b)(1) ......................... To authorize the transportation in commerce of lithium 

ion batteries exceeding 35 kg by cargo-only aircraft 

in alternative packaging. 

21246–N ...... Ensign-Bickford Aerospace 

& Defense Co.

172.320(a), 173.51(a), 173.56(b) ............. To authorize the transportation in commerce of subassembly components of previously approved assemblies without subassembly components being 

tested, classed, and approved. 

21256–N ...... Veolia Es Technical Solutions, LLC.173.56(b) .................................................. 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. 

21261–N ...... Korean Airlines Co., Ltd .... 172.101(j)(1), 173.27(b)(2), 173.27(b)(3), 

175.30(a)(1).

To authorize the transportation in commerce of certain 

explosives that are forbidden for transportation by 

cargo aircraft only. 

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).

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. 

Special Permits Data—Denied 

20279–M ...... City Carbonic LLC ............. 180.207(d)(1) ........................................... To modify the special permit to remove specific manufacturer applicability to the manufacture of authorized cylinders. 

21062–N ...... Gas Innovations Inc ........... 171.23 ...................................................... 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. 

21234–N ...... Air Liquide Advanced Materials Inc.173.301 .................................................... To authorize the transportation in commerce of 

Dichlorosilane in non-DOT specification cylinders. 


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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Notices 50429 

Application 

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

21263–N ...... Veolia Es Technical Solutions, LLC.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) ................. To authorize the transportation in commerce of satellites containing krypton, compressed in non-DOT 

specification cylinders. 

21277–N ...... Wampum Hardware Co ..... 178.703(a)(1) ........................................... To authorize the 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 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Hazardous Materials: Notice of 

Applications for Modifications to 

Special Permit 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Transportation (DOT). 

ACTION: List of applications for 

modification of 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. 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. 

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. 

SPECIAL PERMITS DATA

Application 

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

10511–M .......... Schlumberger Technology 

Corp.

173.304a ................................. To modify the special permit to authorize an additional packaging configuration. (modes 1, 2, 3, 4, 5) 

10776–M .......... Bevin Bros Manufacturing 

Company.

173.302a(a)(1), 

173.304a(a)(1).

To modify the special permit to authorize additional hazardous materials. (modes 1, 2, 3, 4, 5) 

13112–M .......... Cobham Mission Systems Orchard Park Inc.173.302a(a)(1) ........................ To modify the special permit to update the drawing revision 

number of the packaging. (modes 1, 2, 3, 4, 5) 

20351–M .......... Roeder Cartage Company, Incorporated.180.407(c), 180.407(e), 

180.407(f).

To modify the special permit to authorize an additional cargo 

tank. (mode 1) 

20646–M .......... Omni Tanker Pty. Ltd ............. 107.503(b), 107.503(c), 

172.102(c)(3), 

172.102(c)(7)(ii), 

178.274(b), 178.274(c), 

178.274(d).

To modify the special permit to authorize additional hazardous materials and rail freight. (modes 1, 2) 

21199–M .......... Solvay Fluorides, LLC ............ 173.227(c) .............................. To modify the special permit to remove the requirement to 

line the freight container with plywood. (mode 1) 

21213–M .......... Space Exploration Technologies Corp.172.300, 172.400, 173.302(a) To modify the special permit to increase the number of cylinders and add additional routes. (mode 1) 

21240–M .......... Volkswagen Group of America 

Chattanooga Operations, 

LLC.

172.101(j) ............................... To modify the special permit to authorize an additional lithium ion battery. (mode 4) 


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