Office of Hazardous Materials Safety; Notice of Delays in Processing of Special Permits Applications, 73383-73384 [E8-28399]
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Federal Register / Vol. 73, No. 232 / Tuesday, December 2, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
invited on: Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Department, including
whether the information will have
practical utility; the accuracy of the
Department’s estimate of the burden of
the proposed information collection;
ways to enhance the quality, utility and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is most effective if
OMB receives it within 30 days of
publication.
FOR FURTHER INFORMATION CONTACT:
Deborah Boothe or T. Glenn Foster, U.S.
Department of Transportation, Office of
Hazardous Materials Standards (PHH–
11), Pipeline and Hazardous Materials
Safety Administration, 1200 New Jersey
Avenue, SE., East Building, 2nd Floor,
Washington, DC 20590–0001,
Telephone (202) 366–8553.
SUPPLEMENTARY INFORMATION: Section
1320.8(d), Title 5, Code of Federal
Regulations requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. This notice
identifies information collection
requests that PHMSA will be submitting
to OMB for renewal and extension.
These information collections are
contained in 49 CFR parts 110 and 130
and the Hazardous Materials
Regulations (HMR; 49 CFR parts 171–
180). PHMSA has revised burden
estimates, where appropriate, to reflect
current reporting levels or adjustments
based on changes in proposed or final
rules published since the information
collections were last approved. The
following information is provided for
each information collection: (1) Title of
the information collection, including
former title if a change is being made;
(2) OMB control number; (3) abstract of
the information collection activity; (4)
description of affected public; (5)
estimate of total annual reporting and
recordkeeping burden; and (6)
frequency of collection. PHMSA will
request a three-year term of approval for
each information collection activity and,
when approved by OMB, publish notice
of the approval in the Federal Register.
PHMSA requests comments on the
following information collection:
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20:52 Dec 01, 2008
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Title: Testing, Inspection and Marking
Requirements for Cylinders.
OMB Control Number: 2137–0022.
Type of Request: Extension of a
currently approved information
collection.
Abstract: Requirements in § 173.301
for qualification, maintenance and use
of cylinders require that cylinders be
periodically inspected and retested to
ensure continuing compliance with
packaging standards. Information
collection requirements address
registration of retesters and marking of
cylinders by retesters with their
identification number and retest date
following conduct of tests. Records
showing the results of inspections and
retests must be kept by the cylinder
owner or designated agent until
expiration of the retest period or until
the cylinder is reinspected or retested,
whichever occurs first. These
requirements are intended to ensure that
retesters have the qualifications to
perform tests and to identify to cylinder
fillers and users that cylinders are
qualified for continuing use.
Information collection requirements in
§ 173.303 require that fillers of acetylene
cylinders keep, for at least 30 days, a
daily record of the representative
pressure to which cylinders are filled.
Affected Public: Fillers, owners, users
and retesters of reusable cylinders.
Recordkeeping:
Estimated Number of Respondents:
139,352.
Estimated Number of Responses:
153,287.
Estimated Annual Burden Hours:
171,462.
Frequency of Collection: On occasion.
PHMSA specifically requests
comments on the information
collection. Please direct your request for
a copy of this information collection to
Deborah Boothe or T. Glenn Foster, U.S.
Department of Transportation, Office of
Hazardous Materials Standards (PHH–
11), Pipeline and Hazardous Materials
Safety Administration, 1200 New Jersey
Avenue, SE., East Building, 2nd Floor,
Washington, DC 20590–0001,
Telephone (202) 366–8553.
Issued in Washington, DC on November 24,
2008.
Edward T. Mazzullo,
Director, Office of Hazardous Materials
Standards.
[FR Doc. E8–28565 Filed 12–1–08; 8:45 am]
BILLING CODE 4910–60–P
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73383
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Office of Hazardous Materials Safety;
Notice of Delays in Processing of
Special Permits Applications
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
AGENCY:
List of Applications Delayed
more than 180 days.
ACTION:
SUMMARY: In accordance with the
requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list
of special permit applications that have
been in process for 180 days or more.
The reason(s) for delay and the expected
completion date for action on each
application is provided in association
with each identified application.
FOR FURTHER INFORMATION CONTACT:
Delmer F. Billings, Director, Office of
Hazardous Materials Special Permits
and Approvals, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, East
Building, PHH–30, 1200 New Jersey
Avenue Southeast, Washington, DC
20590–0001, (202) 366–4535.
Key to ‘‘Reason for Delay’’
1. Awaiting additional information
from applicant.
2. Extensive public comment under
review.
3. Application is technically complex
and is of significant impact or
precedent-setting and requires extensive
analysis.
4. Staff review delayed by other
priority issues or volume of special
permit applications.
Meaning of Application Number
Suffixes
N—New application.
M—Modification request.
PM—Party to application with
modification request.
Issued in Washington, DC, on November
21, 2008.
Delmer F Billings,
Director, Office of Hazardous Materials,
Special Permits and Approvals.
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Federal Register / Vol. 73, No. 232 / Tuesday, December 2, 2008 / Notices
Application
No.
Reason for
delay
Applicant
Estimated date
of completion
4
1
12–31–2008
12–31–2008
3
1
2,3
11–30–2008
02–28–2009
11–30–2008
Modification to Special Permits
14167–M .....
8723–M .......
Trinityrail, Dallas, TX ..................................................................................................................................
Alaska Pacific Powder Company, Anchorage, AK ....................................................................................
New Special Permit Applications
14643–N ......
14668–N ......
14689–N ......
World Airways, Inc., Peachtree City, GA ...................................................................................................
Lincoln Composites, Lincoln, NE ...............................................................................................................
Trinity Industries, Inc., Dallas, TX ..............................................................................................................
[FR Doc. E8–28399 Filed 12–1–08; 8:45 am]
BILLING CODE 4910–60–M
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35181]
Indiana Rail Road Company—Petition
for Declaratory Order
Surface Transportation Board.
Institution of declaratory order
proceeding; request for comments.
AGENCY:
ACTION:
SUMMARY: In response to a petition filed
by Indiana Rail Road Company (INRD)
on October 7, 2008, the Board is
instituting a declaratory order
proceeding under 49 U.S.C. 721 and 5
U.S.C. 554(e). The Board seeks to
determine whether a track INRD
proposes to construct from its east-west
main line at Dugger, IN, to a new coal
operation south of that main line will be
a spur track exempt from Board
approval under 49 U.S.C. 10906 or a
line of railroad subject to the Board’s
jurisdiction and requiring Board
approval under 49 U.S.C. 10901. The
Board seeks public comment on this
matter.
Comments are due by January
16, 2009. Replies are due by February 5,
2009.
ADDRESSES: Send an original and 10
copies of any comments, referring to
STB Finance Docket No. 35181, to:
Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, send one copy of
comments to INRD’s representative,
John Broadley, 1054 31st Street NW.,
Suite 200, Washington, DC 20007.
FOR FURTHER INFORMATION CONTACT:
Joseph H. Dettmar, (202) 245–0395.
[Assistance for the hearing impaired is
available through the Federal
Information Relay Service (FIRS) at: 1–
800–877–8339].
SUPPLEMENTARY INFORMATION: INRD’s
petition for declaratory order concerns
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DATES:
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the proposed construction of a track
approximately 5 miles long from INRD’s
east-west main line at Dugger to a new
coal operation in the coal bearing area
south of the INRD east-west main line.
INRD requests that the Board issue a
decision stating that the proposed track
will be a ‘‘spur,’’ and thus would be
exempt from Board regulation pursuant
to 49 U.S.C. 10906.
The proposed track, which INRD will
construct, will serve a coal mining
operation run by a subsidiary of
Peabody Energy—the Black Beauty Coal
Company (collectively, Peabody). The
track will run west from INRD’s eastwest main line for approximately one
mile, then turn south and run almost
directly to a coal loadout and loop track
that Peabody will construct to serve the
new mine, the Farmsburg Mine, Bear
Run Pit.
The Board does not exercise licensing
authority ‘‘over construction,
acquisition, operation, abandonment, or
discontinuance of spur * * * tracks.’’
49 U.S.C. 10906. The determination of
whether a particular track segment is a
‘‘railroad line’’ requiring Board
authorization under 49 U.S.C. 10901(a),
or an exempt spur turns on the intended
use of the track segment. Nicholson v.
I.C.C., 711 F.2d 364, 368 (DC Cir. 1983),
cert. denied, 464 U.S. 1056 (1984).
Exempt spurs are ‘‘commonly
constructed either to improve the
facilities required by shippers already
served by the carrier or to supply the
facilities to others, who being within the
same territory and similarly situated are
entitled to like service from the carrier.’’
Texas & Pacific Ry. Co. v. Gulf,
Colorado & Santa Fe Ry. Co., 270 U.S.
266, 278 (1926) (Texas & Pacific). In
contrast, if a railroad constructs tracks
that extend substantially its line into
new territory, then the new track is an
extension subject to Board licensing
requirements and not an exempt ‘‘spur.’’
Id.
Petitioner asserts that the track
proposed to be constructed here meets
the test for spur track set forth in Texas
& Pacific because the track: (1) Will not
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invade the territory of any other
railroad, as the closest railroad is a
CSXT main line track located
approximately 6.2 miles west of the new
Peabody coal mine, and (2) will not
constitute a significant extension of
INRD’s line into new territory as INRD
and its predecessors have historically
served this area through other spurs off
the existing INRD main lines.1
INRD further argues that finding this
track to be an exempt spur would be
consistent with the Supreme Court’s
holding in United States v. Idaho, 298
U.S. 105 (1936) because: (1) The track
will be built pursuant to an agreement
with the shipper—Peabody, (2) either
Peabody or its customers will enter into
contracts for transportation that will
make financing possible, (3) the shipper
to be served by the track, Peabody, will
provide a large part of the right-ofway—4.2 of the approximate 5 miles, (4)
the proposed track will be stub-ended,
and (5) the track will serve only one
shipper.
Under 5 U.S.C. 554(e), the Board has
discretionary authority to issue a
declaratory order to terminate a
controversy or remove uncertainty. A
declaratory order proceeding is thus
instituted in this proceeding to invite
broad public comment. Any person
seeking to participate in support of, or
in opposition to, INRD’s petition may
submit written comments to the Board
regarding whether the proposed track is
a ‘‘spur.’’
Board decisions, notices, and filings
in this and other Board proceedings are
available on our Web site at https://
www.stb.dot.gov.
Decided: November 25, 2008.
1 Regarding this last factor, petitioner also cites
the Board’s holding in New York City Economic
Development Corporation—Petition for Declaratory
Order, STB Finance Docket No. 34429 (STB served
July 15, 2004).
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]]>Agencies
[Federal Register Volume 73, Number 232 (Tuesday, December 2, 2008)]
[Notices]
[Pages 73383-73384]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28399]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
Office of Hazardous Materials Safety; Notice of Delays in
Processing of Special Permits Applications
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: List of Applications Delayed more than 180 days.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected completion date for action on each application is
provided in association with each identified application.
FOR FURTHER INFORMATION CONTACT: Delmer F. Billings, Director, Office
of Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001, (202) 366-4535.
Key to ``Reason for Delay''
1. Awaiting additional information from applicant.
2. Extensive public comment under review.
3. Application is technically complex and is of significant impact
or precedent-setting and requires extensive analysis.
4. Staff review delayed by other priority issues or volume of
special permit applications.
Meaning of Application Number Suffixes
N--New application.
M--Modification request.
PM--Party to application with modification request.
Issued in Washington, DC, on November 21, 2008.
Delmer F Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.
[[Page 73384]]
------------------------------------------------------------------------
Reason
Application No. Applicant for Estimated date
delay of completion
------------------------------------------------------------------------
Modification to Special Permits
------------------------------------------------------------------------
14167-M................ Trinityrail, Dallas, 4 12-31-2008
TX.
8723-M................. Alaska Pacific Powder 1 12-31-2008
Company, Anchorage,
AK.
------------------------------------------------------------------------
New Special Permit Applications
------------------------------------------------------------------------
14643-N................ World Airways, Inc., 3 11-30-2008
Peachtree City, GA.
14668-N................ Lincoln Composites, 1 02-28-2009
Lincoln, NE.
14689-N................ Trinity Industries, 2,3 11-30-2008
Inc., Dallas, TX.
------------------------------------------------------------------------
[FR Doc. E8-28399 Filed 12-1-08; 8:45 am]
BILLING CODE 4910-60-M
