Office of Hazardous Materials Safety; Notice of Application for Special Permits, 59020-59021 [E9-27351]

Download as PDF 59020 Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices [FR Doc. E9–27352 Filed 11–13–09; 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: Application No. Docket No. 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 December 16, 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 Applicant Regulation(s) affected 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://regulations.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. 5 117(b); 49 CFR 1.53(b)). Issued in Washington, DC, on November 6, 2009. Delmer F. Billings, Director, Office of Hazardous Materials Special Permits and Approvals. Nature of special permits thereof New Special Permits ........................ TUV Rheinland Taiwan Ltd., Kaohsiung. 49 CFR 173.302a 173.304a and 180.209. 14933–N ...... ........................ Tobin Scientific a division of Tobin & Sons Moving and Storage, Inc., Peabody, MA. 49 CFR 173.196 ............... 14934–N ...... ........................ Saint Louis University, St. Louis, MO. 49 CFR 173.196 ............... 14935–N ...... ........................ E.I. DuPont de Nemours & Company, Inc., Wilmington, DE. 49 CFR 173.29 and 173.242. 14937–N ...... ........................ Sears National Calibration 49 CFR 180.213 ............... Laboratory, Garland, TX. 14938–N ...... ........................ EP Container, Cerritos, CA. 49 CFR 173.12(b)(2) ........ 14939–N ...... ........................ EP Container, Cerritos, CA. 49 CFR 173.12(b)(2) ........ 14940–N ...... mstockstill on DSKH9S0YB1PROD with NOTICES 14932–N ...... ........................ Crown Aerosol Packaging, Philadelphia, PA. 49 CFR 173.306 ............... 14941–N ...... ........................ Columbia Analytical Services, Kelso, WA. 49 CFR 173.4a ................. VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 To authorize the manufacture, marking, sale, and use of non-DOT specification fully wrapped carbon-fiber reinforced aluminum lined cylinders for the transportation in commerce of certain compressed gases. (modes 1, 2, 3, 4, 5). To authorize the transportation in commerce of certain Division 6.2 infectious substances packaged in portable Dewar flask cryogenic shipping containers, insulated liquid nitrogen refrigerated portable tanks, and automatic fill plug-in liquid nitrogen freezers by highway. (mode 1). To authorize the transportation in commerce of certain infectious substances in alterantive packaging (freezers) by highway. (mode 1). To authorize the one-way transportation in commerce of certain portable tanks and intermediate bulk containers containing the residue of a Class 3 hazardous material for cleaning so they can be repaired. (mode 1). To authorize the transportation in commerce of certain cylinders that have requalifier markings on a label embedded in epoxy instead of stamping. (mode 1). To authorize the manufacture, marking, sale, and use of a UN standard 4G fiberboard box for use as the outer packaging for lab pack applications in accordance with § 173.12(b). (modes 1, 3). To authorize the manufacture, marking, sale, and use of a UN standard 11 G fiberboard TBC for use as the outer packaging for lab pack applications in accordance with § 173.12(b). (modes 1, 3). To authorize the manufacture, marking, sale and use of non-DOT specification cans similar to a DOT 2P or 2Q inner metal receptacle except for wall thickness for the transportation in commerce of certain compressed gases. (mode 1). To authorize the transportation in commerce of small quantities of Class 3 and Class 8 hazardous materials as excepted quantities under 49 CFR 173.4a except that the packagings were tested without the inner packagings being filled to 98% capacity. (modes 1, 4). E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices 59021 Application No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof 14944–N ...... ........................ Dean Foods Corporation, Broomfield, CO. 49 CFR 178.33b ............... To authorize the transportation of Specification 2S inner nonrefillable plastic receptacles containing an aerosol food product that was testing using a modified test protocol. (modes 1, 4, 5). [FR Doc. E9–27351 Filed 11–13–09; 8:45 am] BILLING CODE M DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0204 (PD–33 (F))] City of Boston Requirements for Highway Routing of Certain Hazardous Materials mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: Federal Motor Carrier Safety Administration (FMCSA), United States Department of Transportation (DOT). ACTION: Notice of administrative determination of preemption. Applicants: American Trucking Associations, Inc. and Massachusetts Department of Highways. Local Laws Affected: Massachusetts Ordinances of 1979, Chapter 39, Document 78; the City of Boston Regulations Controlling the Transportation of Hazardous Materials, and the Traffic Rules and Regulations of the City of Boston. Applicable Federal Requirements: Federal hazardous material transportation law, 49 U.S.C. 5101 et seq., and FMCSA regulations at 49 CFR part 397. SUMMARY: Federal hazardous material transportation law preempts the following highway routing designations of the City of Boston Regulations Controlling the Transportation of Hazardous Materials: 1. The Traffic Rules and Regulations of the City of Boston, Article VII, section 8B, Hazardous Materials Route; and 2. The de facto ban on hazardous materials transportation through the City of Boston due to the change in administration of the City’s hazardous materials permitting system. DATES: Effective Date: This preemption decision is effective on May 17, 2010. Petitions for Reconsideration of this preemption decision must be submitted to the FMCSA Administrator no later than December 7, 2009. FOR FURTHER INFORMATION CONTACT: James Simmons, Chief, Hazardous Materials Division (MC–ECH), (202) 493–0496, FMCSA, 1200 New Jersey Avenue, SE., Washington, DC 20590, or VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 at james.simmons@dot.gov, or Charles Fromm, Assistant Chief Counsel, Office of Chief Counsel, Enforcement and Litigation Division (MC–CCE), (202) 366–3551, FMCSA, 1200 New Jersey Avenue, SE., Washington, DC 20590, or at charles.fromm@dot.gov. SUPPLEMENTARY INFORMATION: I. Application for a Preemption Determination American Trucking Associations, Inc. (ATA) and the Massachusetts Department of Highways (Mass Highway) applied for an administrative determination concerning whether Federal hazardous material transportation law, 49 U.S.C. 5101 et seq., and FMCSA regulations at 49 CFR part 397 preempt certain hazardous material routing requirements that have been established or modified by the City of Boston (the City or Boston). The FMCSA published notice of ATA’s application in the Federal Register on August 8, 2008. 73 FR 46349. The FMCSA published notice of Mass Highways’ application in the Federal Register on September 2, 2008. 73 FR 51335. Both applications were consolidated into one docket because of their overlapping issues. Comments and rebuttal comments were received on the consolidated docket on or before December 1, 2008.1 FMCSA received 17 comments and one rebuttal comment generally or specifically in support of the position that the City of Boston should have complied with the current Federal regulations regarding hazardous material highway routing designations but failed to do so. One comment and one rebuttal comment were received, both from the City of Boston, arguing that the City of Boston’s hazardous material routing designations were in compliance with applicable statutes and 1 Comments and/or rebuttal comments were received from the following: American Trucking Associations, Associated Industries of Massachusetts, Brewer Petroleum Service, Inc., C. White and Son Inc., City of Boston, Dangerous Goods Advisory Council, Dennis K. Burke, Inc., DJ Cronin, Institute of Makers of Explosives, J&S Transport Co., Inc., J.P. Noonan Transportation, Inc., Lighter Association, Inc., Massachusetts Motor Transportation Association, Massachusetts Oilheat Council, National Tank Truck Carriers, Inc., P.J. Murphy Transportation, Inc., Salvoni Transportation and Triumvirate Environmental Incorporated. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 should not be preempted. On March 3, 2009, the FMCSA published a notice of delay in making the preemption decision to allow additional time for fact-finding and legal analysis of the issues raised in the preemption applications. 74 FR 9328. ATA’s preemption application submits that the City of Boston made two impermissible hazardous material routing designations regarding the transportation of non-radioactive hazardous material (NRHM).2 The first is a change in the designated hazardous material route that resulted from construction of the Central Artery Tunnel (CA/T), also known as ‘‘the Big Dig,’’ in downtown Boston. The second is a change in Boston’s administration and use of its hazardous material permitting program. With respect to the City’s hazardous material route change, ATA alleges that Boston did not properly comply with Federal requirements, discussed herein, for the establishment or modification of a hazardous material route when the City began enforcing a new hazardous material route on July 3, 2006. Due to various road changes stemming from the Big Dig construction project, the City altered its hazardous material route by amending a section of the City of Boston Traffic Rules and Regulations. This route change relates to transportation of certain hazardous materials for vehicles having a point of origin or destination within the City of Boston.3 The practical effect of the route change is to move hazardous material vehicle traffic from Commercial Street to Cross Street in downtown Boston. According to comments from the City of Boston (Boston Comments), this shift in route is one roadway over and was done to 2 NRHM is defined at 49 CFR 397.65 as ‘‘[a] nonradioactive hazardous material transported by motor vehicle in types and quantities which require placarding, pursuant to Table 1 or 2 of 49 CFR 172.504.’’ 3 Presumably, this same route would also be used for any hazardous materials vehicles authorized by permit to travel through the City of Boston, in addition to those vehicles with a point of origin or destination within the City. As discussed below, however, the City has not issued any permits for through transportation of hazardous material since the route change took effect, so it is unclear which routes would be approved for through transportation. E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 59020-59021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27351]

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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 December 16, 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://regulations.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. 5 117(b); 49 CFR 1.53(b)).

Issued in Washington, DC, on November 6, 2009.
Delmer F. Billings,
Director, Office of Hazardous Materials Special Permits and Approvals.

----------------------------------------------------------------------------------------------------------------
Regulation(s) Nature of special permits
Application No. Docket No. Applicant affected thereof
----------------------------------------------------------------------------------------------------------------
New Special Permits
================================================================================================================
14932-N............... .............. TUV Rheinland Taiwan 49 CFR 173.302a To authorize the
Ltd., Kaohsiung. 173.304a and 180.209. manufacture, marking,
sale, and use of non-DOT
specification fully
wrapped carbon-fiber
reinforced aluminum lined
cylinders for the
transportation in
commerce of certain
compressed gases. (modes
1, 2, 3, 4, 5).
14933-N............... .............. Tobin Scientific a 49 CFR 173.196....... To authorize the
division of Tobin & transportation in
Sons Moving and commerce of certain
Storage, Inc., Division 6.2 infectious
Peabody, MA. substances packaged in
portable Dewar flask
cryogenic shipping
containers, insulated
liquid nitrogen
refrigerated portable
tanks, and automatic fill
plug-in liquid nitrogen
freezers by highway.
(mode 1).
14934-N............... .............. Saint Louis 49 CFR 173.196....... To authorize the
University, St. transportation in
Louis, MO. commerce of certain
infectious substances in
alterantive packaging
(freezers) by highway.
(mode 1).
14935-N............... .............. E.I. DuPont de 49 CFR 173.29 and To authorize the one-way
Nemours & Company, 173.242. transportation in
Inc., Wilmington, DE. commerce of certain
portable tanks and
intermediate bulk
containers containing the
residue of a Class 3
hazardous material for
cleaning so they can be
repaired. (mode 1).
14937-N............... .............. Sears National 49 CFR 180.213....... To authorize the
Calibration transportation in
Laboratory, Garland, commerce of certain
TX. cylinders that have
requalifier markings on a
label embedded in epoxy
instead of stamping.
(mode 1).
14938-N............... .............. EP Container, 49 CFR 173.12(b)(2).. To authorize the
Cerritos, CA. manufacture, marking,
sale, and use of a UN
standard 4G fiberboard
box for use as the outer
packaging for lab pack
applications in
accordance with Sec.
173.12(b). (modes 1, 3).
14939-N............... .............. EP Container, 49 CFR 173.12(b)(2).. To authorize the
Cerritos, CA. manufacture, marking,
sale, and use of a UN
standard 11 G fiberboard
TBC for use as the outer
packaging for lab pack
applications in
accordance with Sec.
173.12(b). (modes 1, 3).
14940-N............... .............. Crown Aerosol 49 CFR 173.306....... To authorize the
Packaging, manufacture, marking,
Philadelphia, PA. sale and use of non-DOT
specification cans
similar to a DOT 2P or 2Q
inner metal receptacle
except for wall thickness
for the transportation in
commerce of certain
compressed gases. (mode
1).
14941-N............... .............. Columbia Analytical 49 CFR 173.4a........ To authorize the
Services, Kelso, WA. transportation in
commerce of small
quantities of Class 3 and
Class 8 hazardous
materials as excepted
quantities under 49 CFR
173.4a except that the
packagings were tested
without the inner
packagings being filled
to 98% capacity. (modes
1, 4).

[[Page 59021]]

14944-N............... .............. Dean Foods 49 CFR 178.33b....... To authorize the
Corporation, transportation of
Broomfield, CO. Specification 2S inner
nonrefillable plastic
receptacles containing an
aerosol food product that
was testing using a
modified test protocol.
(modes 1, 4, 5).
----------------------------------------------------------------------------------------------------------------

[FR Doc. E9-27351 Filed 11-13-09; 8:45 am]
BILLING CODE M

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