Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices 69559 

conspicuity of motorcycles, NHTSA’s 

researchers concluded that the 

mounting height of the side reflex 

reflectors (12 inches vs 15 inches) was 

an ‘‘insignificant’’ factor for vehicle 

identification distance. 

• Harley-Davidson further states that 

under FMVSS No. 108, tail lamps and 

license plate lamps on motorcycles are 

required to be illuminated whenever the 

headlamp is activated. And that since 

all Harley-Davidson models are 

equipped with automatic headlights on 

(AHO) functionality, the headlamps and 

tail lamps are automatically illuminated 

when the ignition is in the on position, 

thus providing conspicuity during 

daylight and darkness while the 

motorcycle is operating. 

Harley-Davidson also made reference 

to a withdrawal of rulemaking regarding 

a lower height for reflex reflectors. 

Harley-Davidson has additionally 

informed NHTSA that it has corrected 

the noncompliance so that all future 

production motorcycles will comply 

with FMVSS No. 108. 

In summation, Harley-Davidson 

believes that the described 

noncompliance of the subject vehicles is 

inconsequential to motor vehicle safety, 

and that its petition, to exempt HarleyDavidson from providing recall 

notification of noncompliance as 

required by 49 U.S.C. 30118 and 

remedying the recall noncompliance as 

required by 49 U.S.C. 30120 should be 

granted. 

NHTSA Decision 

NHTSA Analysis: NHTSA has 

reviewed and accepts Harley-Davidson’s 

analyses that the subject noncompliance 

is inconsequential to motor vehicle 

safety. 

The primary function of a reflex 

reflector is to reduce accidents by 

permitting early detection of an 

unlighted motor vehicle approaching an 

intersection or parked by the side of the 

road. NHTSA has concluded that the 

test data provided by Harley-Davidson 

relative to the photometric performance 

of the reflex reflectors as mounted on 

the subject motorcycles is sufficient 

justification for NHTSA to concur with 

Harley-Davidson’s assessment that the 

location of the rear reflex reflectors as 

mounted on the subject vehicles poses 

little if any risk to motor vehicle safety. 

NHTSA Decision: In consideration of 

the foregoing, NHTSA has decided that 

Harley-Davidson has met its burden of 

persuasion that the FMVSS No. 108 

noncompliance is inconsequential to 

motor vehicle safety. Accordingly, 

Harley-Davidson’s petition is hereby 

granted and Harley-Davidson is 

exempted from the obligation of 

providing notification of, and a remedy 

for, that noncompliance under 49 U.S.C. 

30118 and 30120. 

NHTSA notes that the statutory 

provisions (49 U.S.C. 30118(d) and 

30120(h)) that permit manufacturers to 

file petitions for a determination of 

inconsequentiality allow NHTSA to 

exempt manufacturers only from the 

duties found in sections 30118 and 

30120, respectively, to notify owners, 

purchasers, and dealers of a defect or 

noncompliance and to remedy the 

defect or noncompliance. Therefore, this 

decision only applies to the subject 

motorcycles that Harley-Davidson no 

longer controlled at the time it 

determined that the noncompliance 

existed. However, the granting of this 

petition does not relieve vehicle 

distributors and dealers of the 

prohibitions on the sale, offer for sale, 

or introduction or delivery for 

introduction into interstate commerce of 

the noncompliant motorcycles under 

their control after Harley-Davidson 

notified them that the subject 

noncompliance existed. 

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

delegations of authority at 49 CFR 1.95 and 

501.8). 

Jeffrey M. Giuseppe, 

Acting Director, Office of Vehicle Safety 

Compliance. 

[FR Doc. 2014–27583 Filed 11–20–14; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Application 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—Passengercarrying aircraft. 

DATES: Comments must be received on 

or before December 22, 2014. 

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 selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

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(1)); 49 CFR 1.53(b)). 

Issued in Washington, DC, on November 

13, 2014. 

Donald Burger, 

Chief, General Approvals and Permits. 

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

New Special Permits 

16267–N ........... ........................ Korean Air Los Angeles, 

CA.

49 CFR 172.101 Column 

(9B), 172.204(c)(3), 

173.27, and 175.30

(a)(1).

To authorize the one-time transportation in commerce of certain explosives that are forbidden for 

transportation by cargo only aircraft. (mode 4). 

mstockstill on DSK4VPTVN1PROD with NOTICES

69560 Federal Register / Vol. 79, No. 225 / Friday, November 21, 2014 / Notices 

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

16275–N ........... ........................ ThyssenKrupp Bilstein of 

America, Inc. Hamilton, 

OH.

49 CFR 173.306(f)(2) ...... To authorize the transportation in commerce of accumulators meeting the requirements of 

§ 173.306(f)(2) except that the charge pressure 

may exceed 200 psig but may not exceed 320 

psig. (modes 1,2). 

16288–N ........... ........................ CE Kellogg Co. Inc. Vancouver, WA.49 CFR 107.503(b), 

107.503(c), 173.241, 

173.242, 173.243.

To authorize the manufacture, mark, sale and use 

of a non-DOT specification glass fiber reinforced 

plastic (GFRP) cargo tank similar to a DOT 

Specification 407/412. (mode 1). 

16291–N ........... ........................ Procter & Gamble Distributing LLC Cincinnati, 

OH.

49 CFR 172.301(c), 

173.306 (a)(3)(ii).

To authorize the transportation in commerce of certain aerosol containers not fully conforming to 

specification DOT 2P. (mode 1). 

16292–N ........... ........................ Standard Technologies, 

LLC Fremont, OH.

49 CFR 177.834(h), 

178.700(c)(1).

To authorize the manufacture, mark, sale, and use 

of certain non-UN standard IBCs containing certain Class 3 liquids which may be discharged 

without removal from the motor vehicle. (mode 

1). 

16295–N ........... ........................ CYTEC INDUSTRIES 

INC. Woodland Park, 

NJ.

49 CFR 172.519(c) ......... To authorize the transportation in commerce of certain IBCs containing combustible liquids with a 

placard meeting the label specifications for size 

in § 172.407(c). (modes 1,3). 

16302–N ........... ........................ Ametek Inc. Pittsburgh, 

PA.

49 CFR 171.1, 172.101 

Columns (9A) and (9B), 

173.303, 173.304.

To authorize the transportation in commerce of 

gases contained in glass ampules as not subject 

to the Hazardous Materials Regulations. (modes 

1, 2, 3, 4, 5). 

16304–N ........... ........................ GG Global Enterprizes 

LLC Phoenix, AZ.

49 CFR 173.196(a) ......... To authorize the manufacture, mark, sale, and use 

of alternative packaging for Ebola contaminated 

waste. (mode 1). 

16307–N ........... ........................ Croman Corporation 

White City, OR.

49 CFR 172.101 Columns (8C) and (9B), 

173.242, 175.310.

To authorize the transportation in commerce of certain flammable liquids in alternative packaging 

having a capacity of 119 gallons or more by 

cargo air. (mode 4). 

16308–N ........... ........................ GeNO LLC Cocoa, FL .... 49 CFR 173.175 .............. To authorize the transportation in commerce of permeation devices that are used in medical devices 

in lieu of use for calibrating air quality monitoring 

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

[FR Doc. 2014–27426 Filed 11–20–14; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Actions on Special Permit Applications 

AGENCY: Office of Hazardous Materials 

Safety, 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 (49 CFR part 107, Subpart 

B), notice is hereby given of the actions 

on special permits applications in 

(October to October 2014). The mode of 

transportation involved are identified 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. Application numbers prefixed 

by the letters EE represent applications 

for Emergency Special Permits. It 

should be noted that some of the 

sections cited were those in effect at the 

time certain special permits were 

issued. 

Issued in Washington, DC, on November 

13, 2014. 

Donald Burger, 

Chief, Special Permits and Approvals Branch. 

S.P. No. Applicant Regulation(s) Nature of special permit thereof 

Modification Special Permit Granted 

16266–M ............ Stericycle, Inc., Lake Forest .. 49 CFR 173.196(a) ................ To modify the special permit to authorize an additional 

packaging configuration. 

11770–M ............ Gas Cylinder Technologies, 

Inc., Lakeshore, Ontario.

49 CFR 173.302a, and 

173.304a.

To modify the special permit to authorize cargo and passenger aircraft as an additional mode of transportation. 

New Special Permit Granted 

16144–N ............ Stage FX, Inc., Columbus, 

MT.

49 CFR 173.56(b) and 

172.320.

To authorize the transportation in commerce of certain 

Class 1 materials without EX classification for approximately 15 miles by motor vehicle. (mode 1). 

16174–N ............ Goal Zero, Bluffdale, UT ........ 49 CFR 173.185(a)(1) ........... To authorize the transportation in commerce of certain lithium batteries that do not have the original UN test certifications by motor vehicle. (mode 1). 

mstockstill on DSK4VPTVN1PROD with NOTICES