Office of Hazardous Materials Safety; Notice of Applications for Modifications of Exemption, 25882-25883 [05-9711]

Download as PDF 25882 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 VerDate jul<14>2003 18:05 May 13, 2005 Jkt 205001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 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. E:\FR\FM\16MYN1.SGM 16MYN1 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. VerDate jul<14>2003 16:37 May 13, 2005 Jkt 205001 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 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 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. E:\FR\FM\16MYN1.SGM 16MYN1

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]


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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