Office of Hazardous Materials Safety; Notice of Application for Special Permits, 4286-4287 [E9-1176]

Download as PDF 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 Jkt 217001 PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 E:\FR\FM\23JAN1.SGM 23JAN1 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 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 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. E:\FR\FM\23JAN1.SGM 23JAN1

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]


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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
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