Office of Hazardous Materials Safety; Notice of Applications for Modifications of Exemption, 25882-25883 [05-9711]
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Federal Register / Vol. 70, No. 93 / Monday, May 16, 2005 / Notices
[FR Doc. 05–9710 Filed 5–13–05; 8:45 am]
BILLING CODE 4909–60–M
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Office of Hazardous Materials Safety;
Notice of Applications for
Modifications of Exemption
Pipeline and Hazardous
Materials Safety Administration, DOT.
ACTION: List of applications for
modification of exemption.
AGENCY:
SUMMARY: In accordance with
theprocedures governing the application
for, and the processing of, exemptions
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
No.
Docket No.
application described herein. This
notice is abbreviated to expedite
docketing and public notice. Because
the sections affected, modes of
transportation, and the nature of
application have been shown in earlier
Federal Register publications, they are
not repeated here. Request of
modifications of exemptions (e.g., to
provide for additional hazardous
materials, packaging design changes,
additional mode of transportation, etc.)
are described in footnotes to the
application number. Application
numbers with the suffix ‘‘M’’ demote a
modification request. Their applications
have been separated from the new
application for exemption to facilitate
processing.
DATES: Comments must be received on
or before May 31, 2005.
ADDRESS COMMENTS TO: Record Center,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, Washington, DC 20590.
Regulation(s) affected
Applicant
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 exemption number.
FOR FURTHER INFORMATION CONTACT:
Comments of the applications are
available for inspection in the Records
Center, Nassif Building, 400 7th Street,
SW., Washington, DC or at https://
dms.dot.gov. This notice of receipt of
appilcations for modification of
exemption 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 May 10,
2005.
R. Ryan Poston,
Exemptions Program Officer, Office of
Hazardous Materials, Exemptions &
Approvals.
Modification of
exemption
Nature of exemption thereof
MODIFICATION EXEMPTIONS
9880–M .........
............................
GE Reuter-Stokes,
Inc., Twinsburg,
OH.
49 CFR 173.302a;
175.3; Part 172
Subpart E and F.
9880
10048–M .......
............................
Epichem, Inc., Haverhill, MA.
49 CFR 173.181;
173.187; 173.201,
202, 211, 212,
226, 227.
10048
11379–M .......
............................
TRW Occupant Safety Systems, Washington, MI.
49 CFR 173.301(h),
173.302(a); 175.3.
11379
11970–M .......
RSPA–97–2993
Albermarle Corp.,
Baton Rouge, LA.
49 CFR 172.1001;
178.245–1(c).
11970
12920–M .......
RSPA–02–11638
Epichem, Inc., Haverhill, MA.
49 CFR 173.181(c) ..
2920
13207–M .......
RSPA–03–15068
BEI Hawaii, Honolulu, HI.
49 CFR 173.32(f)(5)
13207
13220–M .......
RSPA–03–14968
Advanced Technology Materials,
Inc. (ATM), Danbury, CT.
49 CFR 173.301;
173.302; 173.304;
173.315.
13220
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To modify the exemption to authorize an
increase in design pressure to 440 psig
for the non-DOT specification containers
transporting Division 2.2 materials.
To modify the exemption to update various
proper shipping names and UN numbers
for the Division 4.2, 4.3, and 6.1 materials transported in a UN1A2 drum inside a non-DOT specification metal container.
To modify the exemption to increase the
maximum service pressure at 70 degrees F for the non-DOT specification
pressure vessels for use as components
of safety systems.
To modify the exemption to authorize an
additional proper shipping name for the
Division 4.2 material transported in a
non-DOT specification portable tank.
To modify the exemption to update the
proper shipping name and UN number
for a Division 4.2 material transported in
combination packagings with inner containers that exceed authorized quantities.
To modify the exemption to authorize the
use of additional DOT Specification IM
101 steel portable tanks that do not conform to the filling density requirements
for the transportation of a Class 8 material.
To modify the exemption to authorize the
use of alternative manufacturers, cylinder shapes and mixed metal construction for the non-DOT specification welded pressure vessels.
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Federal Register / Vol. 70, No. 93 / Monday, May 16, 2005 / Notices
[FR Doc. 05–9711 Filed 5–13–05; 8:45 am]
BILLING CODE 4909–60–M
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34687]
Patrick D. Broe and BNS Holdings,
Inc.—Acquisition of Control
Exemption—Nebraska, Kansas &
Colorado RailNet, Inc., Illinois RailNet,
Inc., and Georgia & Florida RailNet,
Inc.
Patrick D. Broe (Mr. Broe) and BNS
Holdings, Inc. (BNS Holdings),
(collectively, applicants) have filed a
verified notice of exemption to acquire
control of the Nebraska, Kansas &
Colorado RailNet, Inc. (NKCR), Illinois
RailNet, Inc. (IR), and Georgia & Florida
RailNet, Inc. (G&FR), all Class III rail
carriers, operating in Colorado, Florida,
Georgia, Illinois, Kansas and Nebraska.1
The proposed transaction was
scheduled to be consummated on or
shortly after May 2, 2005.
Mr. Broe is a noncarrier individual
who directly controls BNS Holdings, a
noncarrier company that currently
controls RN Rail Holdings, Inc. (RN
Rail), also a noncarrier. North America
RailNet, Inc. (NA RailNet), is a
noncarrier holding company that
currently controls rail carriers NKCR, IR
and G&FR. According to applicants, RN
Rail will be merged into NA RailNet
whereupon RN Rail will cease to exist
and NA RailNet will be the surviving
subsidiary of BNS Holdings. Applicants
state that once the transaction is
consummated, Mr. Broe and BNS
Holdings will indirectly control NKCR,
IR and G&FR via NA RailNet.2
Mr. Broe also directly controls
OmniTRAX, Inc. (OmniTRAX), a
noncarrier that currently controls 12
Class III rail carriers: Chicago Rail Link,
LLC (CRL); Georgia Woodlands
Railroad, LLC (GWRC); Great Western
Railway of Colorado, LLC (GWR); Great
Western Railway of Iowa LLC (GWRI);
Manufacturers’ Junction Railway, LLC
(MJ); Newburgh and South Shore
Railroad Limited (NSR); Northern Ohio
& Western Railway, LLC (NOW);
1 A redacted version of the Agreement and Plan
of Merger was filed with the notice of exemption.
The full version of the agreement, as required by
49 CFR 1180.6(a)(7)(ii), was concurrently filed
under seal along with a motion for a protective
order. A protective order was served on May 5,
2005.
2 Applicants state that as soon as the transaction
is closed NKCR will be renamed Nebraska, Kansas
& Colorado Railway, Inc., IR will be renamed
Illinois Railway, Inc., and G&FR will be renamed
Georgia & Florida Railway, Inc.
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16:37 May 13, 2005
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Panhandle Northern Railroad, LLC
(PNR); Alliance Terminal Railroad, LLC
(ATR); Fulton County Railway, LLC
(FCR); Alabama & Tennessee River
Railway, LLC (ATN); and Kettle Falls
International Railway, LLC (KFR).
Applicants state that: (i) The rail lines
operated by CRL, GWRC, GWR, GWRI,
MJ, NSR, NOW, PNR, ATR, FCR, ATN,
and KFR do not connect with the rail
lines operated by NKCR, IR and G&FR;
(ii) the transaction is not part of a series
of anticipated transactions that would
connect the rail lines operated by
NKCR, IR and G&FR with any railroad
in the OmniTRAX corporate family; and
(iii) the transaction does not involve a
Class I rail carrier. Therefore, the
transaction is exempt from the prior
approval requirements of 49 U.S.C.
11323. See 49 CFR 1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. Section 11326(c), however,
does not provide for labor protection for
transactions under sections 11324 and
11325 that involve only Class III rail
carriers. Accordingly, the Board may not
impose labor protective conditions here,
because all of the carriers involved are
Class III carriers.
If the notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34687, must be filed with
the Surface Transportation Board, 1925
K Street, NW., Washington, DC 20423–
0001. In addition, a copy of all
pleadings must be served on Karl
Morell, 1455 F Street, NW., Suite 225,
Washington, DC 20005.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: May 9, 2005.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 05–9684 Filed 5–13–05; 8:45 am]
BILLING CODE 4915–01–P
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25883
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34694]
Union Pacific Railroad Company—
Temporary Trackage Rights
Exemption—BNSF Railway Company
BNSF Railway Company (BNSF),
pursuant to a written trackage rights
agreement entered into with Union
Pacific Railroad Company (UP), has
agreed to grant local trackage rights to
UP 1 over a BNSF line of railroad
extending from BNSF milepost 11.3 at
UP Junction, WA, to BNSF milepost
36.0 near Sprague, WA, a distance of
approximately 24.7 miles.
The transaction was scheduled to be
consummated on May 3, 2005.
The purpose of the trackage rights is
to permit UP to move loaded and empty
ballast trains for use in its maintenanceof-way projects.
As a condition to this exemption, any
employees affected by the trackage
rights will be protected by the
conditions imposed in Norfolk and
Western Ry. Co.—Trackage Rights—BN,
354 I.C.C. 605 (1978), as modified in
Mendocino Coast Ry., Inc.—Lease and
Operate, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR
1180.2(d)(7). If it contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34694 must be filed with the
Surface Transportation Board, 1925 K
Street, NW., Washington, DC 20423–
0001. In addition, one copy of each
pleading must be served on T.
Christopher Lewis, 1400 Douglas Street,
STOP 1580, Omaha, NE 68179.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
1 The trackage rights are only temporary rights,
but, because they are ‘‘local’’ rather than
‘‘overhead’’ rights, they do not qualify for the
Board’s class exemption for temporary trackage
rights at 49 CFR 1180.2(d)(8). See Railroad
Consolidation Procedures—Exemption for
Temporary Trackage Rights, STB Ex Parte No. 282
(Sub-No. 20) (STB served May 23, 2003). Therefore,
UP has concurrently filed a petition for partial
revocation of this exemption in STB Finance Docket
No. 34694 (Sub-No. 1), Union Pacific Railroad
Company—Temporary Trackage Rights
Exemption—BNSF Railway Company, wherein UP
requests that the Board permit the proposed local
trackage rights arrangement described in this notice
to expire on or about December 31, 2005. That
petition will be addressed by the Board in a
separate decision.
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]]>Agencies
[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Notices]
[Pages 25882-25883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9711]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
Office of Hazardous Materials Safety; Notice of Applications for
Modifications of Exemption
AGENCY: Pipeline and Hazardous Materials Safety Administration, DOT.
ACTION: List of applications for modification of exemption.
-----------------------------------------------------------------------
SUMMARY: In accordance with theprocedures governing the application
for, and the processing of, exemptions 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. This
notice is abbreviated to expedite docketing and public notice. Because
the sections affected, modes of transportation, and the nature of
application have been shown in earlier Federal Register publications,
they are not repeated here. Request of modifications of exemptions
(e.g., to provide for additional hazardous materials, packaging design
changes, additional mode of transportation, etc.) are described in
footnotes to the application number. Application numbers with the
suffix ``M'' demote a modification request. Their applications have
been separated from the new application for exemption to facilitate
processing.
DATES: Comments must be received on or before May 31, 2005.
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 exemption number.
FOR FURTHER INFORMATION CONTACT: Comments of the applications are
available for inspection in the Records Center, Nassif Building, 400
7th Street, SW., Washington, DC or at https://dms.dot.gov. This notice
of receipt of appilcations for modification of exemption 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 May 10, 2005.
R. Ryan Poston,
Exemptions Program Officer, Office of Hazardous Materials, Exemptions &
Approvals.
----------------------------------------------------------------------------------------------------------------
Regulation(s) Modification Nature of exemption
Application No. Docket No. Applicant affected of exemption thereof
----------------------------------------------------------------------------------------------------------------
MODIFICATION EXEMPTIONS
----------------------------------------------------------------------------------------------------------------
9880-M........... ..................... GE Reuter- 49 CFR 9880 To modify the
Stokes, Inc., 173.302a; exemption to
Twinsburg, OH. 175.3; Part authorize an
172 Subpart E increase in design
and F. pressure to 440
psig for the non-
DOT specification
containers
transporting
Division 2.2
materials.
10048-M.......... ..................... Epichem, Inc., 49 CFR 173.181; 10048 To modify the
Haverhill, MA. 173.187; exemption to update
173.201, 202, various proper
211, 212, 226, shipping names and
227. UN numbers for the
Division 4.2, 4.3,
and 6.1 materials
transported in a
UN1A2 drum inside a
non-DOT
specification metal
container.
11379-M.......... ..................... TRW Occupant 49 CFR 11379 To modify the
Safety 173.301(h), exemption to
Systems, 173.302(a); increase the
Washington, MI. 175.3. maximum service
pressure at 70
degrees F for the
non-DOT
specification
pressure vessels
for use as
components of
safety systems.
11970-M.......... RSPA-97-2993 Albermarle 49 CFR 11970 To modify the
Corp., Baton 172.1001; exemption to
Rouge, LA. 178.245-1(c). authorize an
additional proper
shipping name for
the Division 4.2
material
transported in a
non-DOT
specification
portable tank.
12920-M.......... RSPA-02-11638 Epichem, Inc., 49 CFR 2920 To modify the
Haverhill, MA. 173.181(c). exemption to update
the proper shipping
name and UN number
for a Division 4.2
material
transported in
combination
packagings with
inner containers
that exceed
authorized
quantities.
13207-M.......... RSPA-03-15068 BEI Hawaii, 49 CFR 13207 To modify the
Honolulu, HI. 173.32(f)(5). exemption to
authorize the use
of additional DOT
Specification IM
101 steel portable
tanks that do not
conform to the
filling density
requirements for
the transportation
of a Class 8
material.
13220-M.......... RSPA-03-14968........ Advanced 49 CFR 173.301; 13220 To modify the
Technology 173.302; exemption to
Materials, 173.304; authorize the use
Inc. (ATM), 173.315. of alternative
Danbury, CT. manufacturers,
cylinder shapes and
mixed metal
construction for
the non-DOT
specification
welded pressure
vessels.
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[FR Doc. 05-9711 Filed 5-13-05; 8:45 am]
BILLING CODE 4909-60-M
