30370 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 

Application 

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

21211–N ....... The Home Depot Inc ............... 172.301(a)(1), 172.301(c), 

172.301(d).

To authorize the transportation of hand sanitizer for donation 

in non-bulk combination packages without certain markings. 

21213–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. 

21220–N ....... Fireworks Over America ......... 172.301(a)(1), 172.401(a)(2) ... To authorize the transportation in commerce of fireworks 

classed as UN0355 by China as UN0431 within the US. 

21223–N ....... Atlas Pyrovision Entertainment 

Group, Inc.

173.56 ..................................... To authorize the transportation of pyrotechnic articles that are 

reclassed as fireworks. 

21225–N ....... Praxair Distribution, Inc ........... 173.301(f), 179.500–12 ........... To authorize the transportation in commerce of dinitrogen tetroxide in multi-unit tank cars equipped with pressure relief 

devices. 

Special Permits Data—Denied 

20705–M ...... Exhaust Center, Inc ................ 177.834(h), 178.700(c)(1) ....... To modify the special permit to authorize three new tank designs. 

21143–N ....... Tradewater LLC ...................... 172.700(a), 173.306(a) ........... To authorize the transportation in commerce of refrigerant 

gases in DOT 2Q receptacles as limited quantities by 

motor vehicle and rail without requiring training in accordance with Part 172 subpart H. 

21170–N ....... Westwind Helicopters, Inc ....... 172.101(j) ................................ To authorize the transportation in commerce of certain hazardous materials by passenger-carrying aircraft in quantities that exceed the limitation in Column (9A) of the 

172.101 Table. 

Special Permits Data—Withdrawn 

21230–N ....... National Air Cargo Group, Inc 175.501(d) ............................... To authorize the carriage of a Division 2.2 material exceeding 

the quantity limitations for cargo aircraft. 

21236–N ....... Tesla, Inc ................................. 173.185(b)(1) ........................... To authorize the transportation in commerce of lithium ion 

cells within alternative packaging. 

[FR Doc. 2021–11877 Filed 6–4–21; 8:45 am] 

BILLING CODE 4910–60–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), 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 June 22, 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–30, 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 June 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 

11947–M ...... Patts Fabrication, Inc .............. 173.241, 173.242, 173.243, 

177.834(h).

To modify the special permit to authorize additional hazmat to 

be transported. (mode 1). 


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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30371 

1At the time of NTTC’s application, PHMSA did 

not exist. PHMSA was created on February 20, 

2005, when the Secretary of Transportation 

redelegated hazardous materials safety functions 

from the Research and Special Programs 

Administration (RSPA) to PHMSA’s Administrator. 

For consistency, the terms ‘‘PHMSA,’’ ‘‘the agency,’’ 

and ‘‘we’’ are used throughout this decision, 

regardless of whether an action was taken by RSPA 

before February 20, 2005, or by PHMSA after that 

date. 

2The NYSDEC repealed and replaced Part 230, 

with an effective date of February 11, 2021. The 

marking requirement in 6 NYCRR 230.4(a)(3), as 

amended, was recodified in 6 NYCRR 230.6(a)(2). 

The recordkeeping and retention requirements of 6 

NYCRR 230.6(b) and (c), as amended, were 

recodified in 6 NYCRR 230.7(a)(1) and (a)(2), 

respectively. 

3Final Rule, 73 FR 1916 (January 10, 2008); 

corrections, 73 FR 12275 (March 7, 2008); Final 

Continued 

Application 

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

12240–M ...... Spence Air Service ................. 172.101(j), 172.200, 

172.204(c)(3), 172.301, 

173.27(b)(1), 175.33, 

175.75(b).

To modify the special permit to waive certain marking and 

shipping paper requirements. (mode 5). 

13173–M ...... Luxfer Canada Limited ............ 172.101(j), 173.302a(a)(1), 

180.205(g).

To modify the special permit to authorize use the manufacture, marking, sale, and use of non-DOT specification fully 

wrapped carbon-fiber reinforced aluminum lined cylinders 

which are manifolded and permanently mounted in a protective frame for the transportation in commerce of the materials authorized by this special permit and authorize the 

use of a pneumatic proof pressure test for periodic requalification. (modes 1, 2, 3, 4). 

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. (modes 1, 2, 3). 

14518–M ...... Federal Cartridge Company .... 172.301(c), 173.56(b), 173.62 To modify the special permit to authorize primers to be

shipped without an EX approval. (mode 1). 

16231–M ...... Thales Alenia Space ............... 172.101(j), 173.301(f), 

173.302a(a)(1), 

173.304a(a)(2).

To modify the special permit to authorize additional 2.3 

hazmat. (modes 1, 3, 4). 

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. 

(modes 1, 2, 3, 4, 5). 

21069–M ...... Catalina Composites, Inc ........ 173.302a, 178.71(l)(1) ............. To modify the special permit to authorize ISO 9712 as alternative to ISO 11515:2013 Section 9.1.1 certification. 

(modes 1, 2, 3, 4). 

[FR Doc. 2021–11876 Filed 6–4–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–98–3599; PD–19(R)] 

Hazardous Materials: The New York 

State Department of Environmental 

Conservation Requirements on 

Gasoline Transport Vehicles 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration, 

Department of Transportation (DOT). 

ACTION: Dismissal of petition for 

reconsideration of an administrative 

determination of preemption. 

SUMMARY: This proceeding was initiated 

in February 1998, when the National 

Tank Truck Carriers, Inc. (NTTC) 

applied to the Pipeline and Hazardous 

Materials Safety Administration 1

(PHMSA) for a determination that the 

HMTA preempted certain marking and 

record keeping requirements of the New 

York State Department of 

Environmental Conservation (NYSDEC). 

PHMSA found that the HMTA 

preempted the NYSDEC requirements 

because the requirements were not 

substantively the same as requirements 

in the HMR on the marking, 

maintaining, repairing, or testing of a 

package or container that is represented, 

marked, certified, or sold as qualified 

for transporting hazardous material. 

NYSDEC’s petition for reconsideration 

of that decision is dismissed on the 

grounds of mootness. NYSDEC has 

made significant revisions to its 

regulations, and the revised rules do not 

appear to impose the same requirements 

on regulated entities as the previous 

version of the rules that were challenged 

in this proceeding. It therefore does not 

appear that reconsidering PHMSA’s 

preemption determination regarding the 

now-superseded NYSDEC rules would 

have any practical effect. 

FOR FURTHER INFORMATION CONTACT: 

Vincent Lopez, Office of Chief Counsel, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590; 

Telephone No. 202–366–4400; 

Facsimile No. 202–366–7041. 

SUPPLEMENTARY INFORMATION: 

Petitioner: New York State 

Department of Environmental 

Conservation. 

Local Law Affected: New York Codes, 

Rules and Regulations (NYCRR), 

Chapter 6, Sections 230.4(a)(3), 230.6(b) 

& (c).2

Applicable Federal Requirements: 

Federal Hazardous Material 

Transportation Law (HMTA), 49 U.S.C. 

5101 et seq., and the Hazardous 

Materials Regulations (HMR), 49 CFR 

parts 171–180. 

Mode Affected: Highway. 

I. Background 

This proceeding was initiated in 

February 1998, when NTTC applied to 

PHMSA for a determination that the 

HMTA preempted certain marking and 

record keeping requirements of 

NYSDEC. 

After NTTC filed its application, two 

key rulemakings occurred that delayed 

PHMSA’s decision on NTTC’s claims. 

The rulemakings, one initiated by 

PHMSA, and the other by the United 

States Environmental Protection Agency 

(EPA), although not related, addressed 

many of the issues raised in NTTC’s 

application. The agencies’ rulemaking 

activities spanned several years and 

culminated in December 2009, when 

EPA issued a rule change and 

clarification of its rules.3


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