Office of Hazardous Materials Safety; Notice of Application for Special Permits, 4286-4287 [E9-1176]
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4286
Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices
MODIFICATION SPECIAL PERMIT—Continued
Application
No.
Docket No.
Applicant
Regulation(s) affected
11666–M .....
Alcoa, Inc., Pittsburgh, PA.
49 CFR 173.240(b) .................
11818–M .....
Space Systems/Loral, Palo
Alto, CA.
49 CFR 180.205 .....................
14467–M .....
Brenner Tank, LLC Fond
Du Lac, WI.
49 CFR 178.345–2 .................
14649–M .....
Olin Corporation, Winchester Division, East Alton,
IL.
49 CFR 173.62(b), 172.10 1
column (8C), 173.60(b)(8),
172.300 and 172.400.
To modify the special permit
to authorize the addition of
intermodal containers and
unitizing the electrodes with
steel banding to wooden
runners or to wooden pallets.
To modify the special permit
to authorize the transportation in commerce of a
Class 9 material.
To modify the special permit
to authorize relief from minimum thickness tables for
duplex stainless steels used
in the construction of DOT–
400 series specification
cargo tanks.
To modify the special permit
to authorize an additional
Division 1.4C hazardous
material.
[FR Doc. E9–1175 Filed 1–22–09; 8:45 am]
BILLING CODE 4909–60–M
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.
In accordance with the
procedures governing the application
for, and the processing of, special
permits from the Department of
SUMMARY:
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 February 23, 2009.
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
Nature of special
permit thereof
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 https://dms.dot.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(b); 49 CFR 1.53(b)).
Issued in Washington, DC, on January 12,
2009.
Delmer F. Billings,
Director, Office of Hazardous Materials,
Special Permits and Approvals.
NEW SPECIAL PERMITS
Application
No.
Docket No.
14796–N ......
........................
14797–N ......
Nature of special permits thereof
Chammas Cutters Inc.,
Houston, TX.
49 CFR 173.228 ...............
........................
Department of Energy,
Washington, DC.
49 CFR 173.416 and
173.417.
14798–N ......
mstockstill on PROD1PC66 with NOTICES
Regulation(s) affected
........................
Cymaco NV ......................
49 CFR 173.302a(b) and
180.205.
14799–N ......
........................
Takata-Petri CCI ...............
49 CFR 173.30 1(a) and
173. 302a.
To authorize the transportation in commerce of nonDOT specification cylinders containing Bromine
trifluoride. (modes 1, 2, 3, 4, 5)
To authorize the continued use of DOT 6M packages
for the transportation in commerce of radioactive
materials. (mode 1)
To authorize the ultrasonic examination of certain
DOT specification cylinders in lieu of the specified
internal visual examination and hydrostatic pressure test and to allow the plus marking without determining the elastic expansion by the water jacket
method. (modes 1, 2, 3, 4, 5)
To authorize the manufacture, marking, sale and use
of non-DOT specification cylinders similar to a OT
39 cylinder for use as components of safety systems. (modes 1, 2, 3, 4)
VerDate Nov<24>2008
20:16 Jan 22, 2009
Applicant
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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices
4287
NEW SPECIAL PERMITS—Continued
Application
No.
Docket No.
Applicant
Regulation(s) affected
Nature of special permits thereof
14801–N ......
........................
CVS Transportation,
L.L.C., Woon-socket, RI.
49 CFR 171.8 Materials of
Trade.
14802–N ......
........................
Sporting Arms and Ammunition Manufacturers’ Institute, Inc. Newtown,
CT.
49 CFR 173.6 ...................
To authorize the transportation in commerce of certain hazardous materials as Materials of Trade
when transported by a dedicated contract carrier
and meet all the provisions of 49 CFR 173.6.
(mode 1)
To authorize the transportation in commerce of certain Division 1.4S explosives under the Materials of
Trade exception in 49 CFR 173.6. (mode 1)
[FR Doc. E9–1176 Filed 1–22–09; 8:45 am]
BILLING CODE 4909–60–M
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. RSPA–00–8026 (PD–26(R))]
Massachusetts’ Definitions of
Hazardous Materials
I. Issues Under Consideration
mstockstill on PROD1PC66 with NOTICES
Applicant: Boston and Maine
Corporation (Boston and Maine).
Local Laws Affected: Massachusetts
General Laws (M.G.L.) chapter 21 E,
section 2 (ch. 21 E); and chapter 21 K,
section 1 (ch. 21 K).
Applicable Federal Requirements:
The Federal Hazardous Material
Transportation Law (Federal Hazmat
Law), 49 U.S.C. 5101 et seq., and the
Hazardous Materials Regulations
(HMR), 49 CFR parts 171–180.
Modes Affected: Rail and Highway.
SUMMARY: The Federal Hazmat Law does
not preempt the definitions of
‘‘hazardous material’’ in M.G.L. chs. 21
E and 21 K. As applied and enforced,
the challenged provisions of
Massachusetts’ laws are not an
‘‘obstacle’’ to accomplishing and
carrying out the Federal Hazmat Law,
the HMR, or a hazardous materials
transportation security regulation or
directive issued by the Secretary of
Homeland Security. Because a regulated
entity may comply with the State and
Federal requirements at the same time
the Massachusetts’ laws are not
preempted under the ‘‘dual
compliance’’ test. These definitions and
State requirements also do not concern
any of the five subject areas in which
State Authority is expressly preempted
by the Federal Hazmat Law, and State
18:32 Jan 22, 2009
Jkt 217001
In this determination, PHMSA
considers the definitions of ‘‘hazardous
material’’ as contained in M.G.L. chs. 21
E and 21 K. Chapter 21 E and entitled
‘‘Massachusetts Oil and Hazardous
Materials Release Prevention and
Response Act’’ to be parallel with the
Federal Comprehensive Environmental
Response, Compensation and Liability
Act, 42 U.S.C. 9601 et seq. (‘‘CERCLA’’
or ‘‘Superfund law’’). Chapter 21 K,
‘‘Mitigation of Hazardous Materials,’’
governs the State’s emergency
mitigation response to a release, or
threat of release, of materials
determined by the state to pose a risk of
contamination to the local environment.
This statute authorizes the
Massachusetts Department of Fire
Services to deploy personnel and
equipment for emergency mitigation
response caused by a release, or threat
of release, of materials determined to be
a potential environment contaminant.
Chapter 21 K also provides for the
dispatch of trained personnel to
evaluate a potential risk of
contamination to the environment.
Both M.G.L. chs. 21 E and 21 K use
the term ‘‘hazardous material’’ to refer
to substances triggering the laws’
requirements. Under Chapter 21 E a
‘‘hazardous material’’ is defined as:
A material including but not limited to,
any material, in whatever form, which
because of its quantity, concentration,
chemical, corrosive, flammable, reactive,
toxic, infectious or radioactive
characteristics, either separately or in
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combination with any substance or
substances, constitutes a present or potential
threat to human health, safety, welfare, or to
the environment, when improperly stored,
treated, transported, disposed of, used, or
otherwise managed.
Chapter 21 K contains the same
definition except that it expressly
identifies ‘‘oil’’ as a hazardous material.
II. Background
A. Summary of Facts
SUPPLEMENTARY INFORMATION:
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of administrative
determination of preemption.
VerDate Nov<24>2008
enforcement of these laws does not
otherwise frustrate Congressional intent.
FOR FURTHER INFORMATION CONTACT:
Thomas D. Seymour, Office of Chief
Counsel, Pipeline and Hazardous
Materials Safety Administration, (202)
366–4400, U.S. Department of
Transportation, 1200 New Jersey
Avenue, SE., Room E26–322,
Washington, DC 20590; e-mail:
tom.seymour@dot.gov.
On June 27, 1999, six railcars from a
Boston and Maine train derailed in the
Charlemont, MA area, causing an
unidentified material to leak into the
ground and nearby Deerfield River. The
Charlemont Fire Department responded
to the incident and, when it could not
identify the material, called the
Massachusetts Hazardous Material
Response Team. When the Response
team identified the material, and
determined it did not pose a risk to the
environment, the team abandoned
further cleanup efforts and turned the
scene over to Boston and Maine’s
personnel.
Massachusetts later presented an
invoice to Boston and Maine for the cost
of the response and the discontinued
cleanup. Boston and Maine objected and
sought relief through state
administrative procedures.
Subsequently, Boston and Maine filed a
complaint in Massachusetts Superior
Court for Middlesex County, alleging
errors in law associated with the
Massachusetts Department of Fire
Services’ assessment of the response
costs. While the State civil action was
pending, Boston and Maine filed the
present request for an Administrative
determination of preemption. (The
petition was filed with the Research and
Special Programs Administration
(RSPA) the predecessor of the Pipeline
and Hazardous Materials Safety
Administration (PHMSA)). For ease of
reading, this publication will refer to
PHMSA in describing the agency’s
conduct during this proceeding.
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Agencies
[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Pages 4286-4287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1176]
-----------------------------------------------------------------------
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--Passenger-carrying
aircraft.
DATES: Comments must be received on or before February 23, 2009.
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 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 https://
dms.dot.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(b); 49 CFR 1.53(b)).
Issued in Washington, DC, on January 12, 2009.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.
New Special Permits
----------------------------------------------------------------------------------------------------------------
Regulation(s) Nature of special permits
Application No. Docket No. Applicant affected thereof
----------------------------------------------------------------------------------------------------------------
14796-N............... .............. Chammas Cutters Inc., 49 CFR 173.228....... To authorize the
Houston, TX. transportation in
commerce of non-DOT
specification cylinders
containing Bromine
trifluoride. (modes 1, 2,
3, 4, 5)
14797-N............... .............. Department of Energy, 49 CFR 173.416 and To authorize the continued
Washington, DC. 173.417. use of DOT 6M packages
for the transportation in
commerce of radioactive
materials. (mode 1)
14798-N............... .............. Cymaco NV............ 49 CFR 173.302a(b) To authorize the
and 180.205. ultrasonic examination of
certain DOT specification
cylinders in lieu of the
specified internal visual
examination and
hydrostatic pressure test
and to allow the plus
marking without
determining the elastic
expansion by the water
jacket method. (modes 1,
2, 3, 4, 5)
14799-N............... .............. Takata-Petri CCI..... 49 CFR 173.30 1(a) To authorize the
and 173. 302a. manufacture, marking,
sale and use of non-DOT
specification cylinders
similar to a OT 39
cylinder for use as
components of safety
systems. (modes 1, 2, 3,
4)
[[Page 4287]]
14801-N............... .............. CVS Transportation, 49 CFR 171.8 To authorize the
L.L.C., Woon-socket, Materials of Trade. transportation in
RI. commerce of certain
hazardous materials as
Materials of Trade when
transported by a
dedicated contract
carrier and meet all the
provisions of 49 CFR
173.6. (mode 1)
14802-N............... .............. Sporting Arms and 49 CFR 173.6......... To authorize the
Ammunition transportation in
Manufacturers' commerce of certain
Institute, Inc. Division 1.4S explosives
Newtown, CT. under the Materials of
Trade exception in 49 CFR
173.6. (mode 1)
----------------------------------------------------------------------------------------------------------------
[FR Doc. E9-1176 Filed 1-22-09; 8:45 am]
BILLING CODE 4909-60-M