BNSF Railway Company-Abandonment Exemption-in Boulder County, CO, 59770-59771 [2011-24784]
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59770
Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices
Docket: For access to the dockets to
read background documents or
comments received, go to https://
www.regulations.gov or DOT’s Docket
Operations Office (see ADDRESSES).
FOR FURTHER INFORMATION CONTACT: Mr.
Ryan Paquet, Director, Approvals and
Permits Division, Office of Hazardous
Materials Safety, (202) 366–4512,
PHMSA, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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Background
The Hazardous Materials Regulations
(HMR; 49 CFR Parts 171–180) require
that Division 1.1 fireworks must be
examined by a DOT-approved
explosives test laboratory and assigned
a recommended shipping description,
division, and compatibility group in
accordance with § 173.56(b). The tests
provided for the classification of
Division 1.1 fireworks specified in
§§ 173.57 and 173.58 describe the
procedures used to determine the
acceptance criteria and assignment of
class and division for all new
explosives.
The HMR also permit Division 1.1
firework devices that have been
approved by the competent authority of
a foreign government that PHMSA’s
Associate Administrator has
acknowledged in writing as acceptable
in accordance with 49 CFR § 173.56(g).
According to § 173.56(j),
manufacturers of Division 1.3 and 1.4
fireworks or their designated U.S. agents
may apply for an EX classification
approval without prior examination by
a DOT-approved explosives test
laboratory if the firework device is
manufactured in accordance with APA
Standard 87–1 (IBR, see § 171.7), and
the device passes the thermal stability
test. Additionally, the applicant must
certify that the firework device
conforms to the APA Standard 87–1 and
that the descriptions and technical
information contained in the
application are complete and accurate.
PHMSA has in the past, on a case-bycase basis, approved some Division 1.1G
fireworks without requiring testing by a
DOT-approved explosives examination
laboratory. However, we evaluate each
EX approval application independently
and have also required Division 1.1G
fireworks to undergo examination
testing by a DOT-approved explosive
examination lab prior to issuing the EX
approval.
While APA Standard 87–1 references
two instances where Division 1.1
fireworks may be approved under the
standard, it does not call for the level of
testing required in the HMR, nor does it
provide testing and criteria to determine
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when a firework ceases to be a Division
1.1 and becomes forbidden for transport.
We are clarifying our policy that all
Division 1.1 fireworks must undergo
examination by a DOT-approved
explosives examination laboratory.
However, if a fireworks device is classed
and approved as a Division 1.1 firework,
the UN Test Method 6 is not required.
Rather, the testing will be limited to UN
Test Method 4a(i) and 4b(ii), as is
already specified in § 173.57(b). The
examination laboratory may request
additional information if necessary to
make their classification
recommendation. Additionally, we
allow the laboratory to make a
classification recommendation for
Division 1.1 fireworks based on analogy.
PHMSA believes that by adhering to
the requirements of the HMR and
issuing Division 1.1 fireworks approvals
only after a DOT-approved explosive
laboratory has examined and
recommended a classification, or an
approval has been issued by a
competent authority of a foreign
government acknowledged by PHMSA’s
Associate Administrator, we are
ensuring that fireworks transported in
commerce meet the established criteria
for their assigned classification, thereby
minimizing the potential of the
shipment of incorrectly classified or
forbidden fireworks.
For these safety reasons, PHMSA is
seeking comment on its clarification of
its fireworks approvals policy whereby
PHMSA will accept and issue only
those classification approval
applications for Division 1.1 fireworks
that have been examined and assigned
a recommended shipping description,
division, and compatibility group by a
DOT-approved explosives test
laboratory in accordance with 49 CFR
173.56(b), or has been approved by the
competent authority of a foreign
government that PHMSA’s Associate
Administrator has acknowledged in
writing as acceptable in accordance
with 49 CFR 173.56(g).
Issued in Washington, DC on September
21, 2011.
Magdy El-Sibaie,
Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2011–24686 Filed 9–26–11; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 6 (Sub-No. 475X)]
BNSF Railway Company—
Abandonment Exemption—in Boulder
County, CO
BNSF Railway Company (BNSF) has
filed a verified notice of exemption
under 49 CFR part 1152 subpart F—
Exempt Abandonments to abandon 1.37
miles of rail line extending between
milepost 20.80 and milepost 22.17 at
Lafayette, in Boulder County, CO (the
Line). The Line traverses United States
Postal Service Zip Code 80026 and
includes no stations.
BNSF has certified that: (1) No local
traffic has moved over the Line for at
least 2 years; (2) the Line is stub-ended
and not capable of handling any
overhead traffic, therefore, there is no
overhead traffic to be rerouted; (3) no
formal complaint filed by a user of rail
service on the Line (or by a state or local
government entity acting on behalf of
such user) regarding cessation of service
over the Line either is pending with the
Surface Transportation Board (Board) or
with any U.S. District Court or has been
decided in favor of complainant within
the 2-year period; and (4) the
requirements at 49 CFR 1105.7(c)
(environmental report), 49 CFR 1105.11
(transmittal letter), 49 CFR 1105.12
(newspaper publication), and 49 CFR
1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any
employee adversely affected by the
abandonment shall be protected under
Oregon Short Line Railroad—
Abandonment Portion Goshen Branch
Between Firth & Ammon, in Bingham &
Bonneville Counties, Idaho, 360 I.C.C.
91 (1979). To address whether this
condition adequately protects affected
employees, a petition for partial
revocation under 49 U.S.C. 10502(d)
must be filed.
Provided no formal expression of
intent to file an offer of financial
assistance (OFA) has been received, this
exemption will be effective on October
27, 2011, unless stayed pending
reconsideration. Petitions to stay that do
not involve environmental issues,1
formal expressions of intent to file an
1 The Board will grant a stay if an informed
decision on environmental issues (whether raised
by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
cannot be made before the exemption’s effective
date. See Exemption of Out-of-Serv. Rail Lines, 5
I.C.C.2d 377 (1989). Any request for a stay should
be filed as soon as possible so that the Board may
take appropriate action before the exemption’s
effective date.
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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices
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OFA under 49 CFR 1152.27(c)(2),2 and
trail use/rail banking requests under 49
CFR 1152.29 must be filed by October
7, 2011. Petitions to reopen or requests
for public use conditions under 49 CFR
1152.28 must be filed by October 17,
2011, with the Surface Transportation
Board, 395 E Street, SW., Washington,
DC 20423–0001.
A copy of any petition filed with the
Board should be sent to BNSF’s
representative: Karl Morell, Of Counsel,
Ball Janik LLP, 655 Fifteenth Street,
NW., Suite 225, Washington, DC 20005.
If the verified notice contains false or
misleading information, the exemption
is void ab initio.
BNSF has filed a combined
environmental and historic report that
addresses the effects, if any, of the
abandonment on the environment and
historic resources. OEA will issue an
environmental assessment (EA) by
September 30, 2011. Interested persons
may obtain a copy of the EA by writing
to OEA (Room 1100, Surface
Transportation Board, Washington, DC
20423–0001) or by calling OEA at (202)
245–0305. Assistance for the hearing
impaired is available through the
Federal Information Relay Service at
1–800–877–8339. Comments on
environmental and historic preservation
matters must be filed within 15 days
after the EA becomes available to the
public.
Environmental, historic preservation,
public use, or trail use/rail banking
conditions will be imposed, where
appropriate, in a subsequent decision.
Pursuant to the provisions of 49 CFR
1152.29(e)(2), BNSF shall file a notice of
consummation with the Board to signify
that it has exercised the authority
granted and fully abandoned the Line. If
consummation has not been effected by
BNSF’s filing of a notice of
consummation by September 27, 2012,
and there are no legal or regulatory
barriers to consummation, the authority
to abandon will automatically expire.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: September 22, 2011.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Unit.
[FR Doc. 2011–24784 Filed 9–26–11; 8:45 am]
BILLING CODE 4915–01–P
2 Each OFA must be accompanied by the filing
fee, which is currently set at $1,500. See 49 CFR
1002.2(f)(25).
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35387]
Ag Processing Inc A Cooperative—
Petition for Declaratory Order; Institute
Proceeding and Hold Oral Argument
In response to a petition filed by Ag
Processing Inc A Cooperative (Ag
Processing) regarding the
reasonableness of a Norfolk Southern
Railway Company (NSR) tariff, the
Surface Transportation Board is
instituting a declaratory order
proceeding under 49 U.S.C. 721 and 5
U.S.C. 554(e). The Board also will hold
oral argument to address issues in this
proceeding on Tuesday, October 25,
2011, at 9:30 a.m., in the hearing room
at the Board’s headquarters located at
395 E Street, SW., Washington, DC. The
oral argument will be open for public
observation, but only counsel for the
parties will be permitted to present
argument.
On July 20, 2010, Ag Processing filed
a petition for declaratory order
challenging the reasonableness of an
NSR tariff insofar as it imposes charges
and penalties on loaded rail cars that
exceed the car’s weight limit as a result
of weather conditions encountered after
the car is delivered to the railroad. The
petition was amended to add other
shippers 1 and to continue the challenge
after NSR revised the tariff. At
Petitioners’ request, the Board ordered
the parties to mediate the dispute, but
mediation was unsuccessful, and NSR
filed a motion to dismiss the petition on
January 27, 2011, along with
confidential materials subject to a
protective order. The Petitioners filed
their reply on March 8, 2011.
The Board does not anticipate the
need for additional evidentiary filings in
this proceeding. The Board is setting
this case for oral argument on the issues
raised in this case. The parties should
be prepared to discuss: (1) Industry
practice relating to cars made
overweight by snow or ice; (2) how
frequently closed-hopper cars and tank
cars are made overweight by snow and
ice and how those cars have been
brought into compliance in the past; (3)
what NSR’s overweight policies were
prior to adopting the procedures in
question; and (4) whether the agency’s
treatment of demurrage—which also
involves issues of due diligence and
equipment usage—is a useful model to
1 The amended petition added Bunge North
America, Inc., Archer Daniels Midland Company,
Louis Dreyfus Corporation, and Perdue
Agribusiness, Inc. as petitioners (collectively,
Petitioners).
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59771
employ here. The Petitioners and NSR
will each have 20 minutes of argument
time. The Petitioners may reserve part of
their time for rebuttal if they so choose.
By October 18, 2011, each party shall
submit to the Board the name of the
counsel who will be presenting its
argument. The Petitioners, in their
filing, shall also address the requested
time reserved for rebuttal, if any. Parties
should prepare a short oral statement
and be prepared to answer questions
from the Board. The purpose of oral
argument is to provide an opportunity
for questions that the Board may have
regarding any issue in the proceeding.
Counsel for the parties shall check in
with Board staff in the hearing room
prior to the argument.
A video broadcast of the oral
argument will be available via the
Board’s website at https://
www.stb.dot.gov, under ‘‘Information
Center’’/‘‘Webcast’’/‘‘Live Video’’ on the
home page.
Instructions for Attendance at Hearing
The STB requests that all persons
attending the hearing use the Patriots
Plaza Building’s main entrance at
395 E Street, SW. (closest to the
northeast corner of the intersection of
4th and E Streets). There will be no
reserved seating, except for those
scheduled to present oral arguments.
The building will be open to the public
at 7 a.m., and participants are
encouraged to arrive early. There is no
public parking in the building.
Upon arrival, check in at the 1st floor
security desk in the main lobby. Be
prepared to produce valid photographic
identification (driver’s license or local,
state, or Federal government
identification); sign-in at the security
desk; receive a hearing room pass (to be
displayed at all times); submit to an
inspection of all briefcases, handbags,
etc.; then pass through a metal detector.
Persons choosing to exit the building
during the course of the hearing must
surrender their hearing room passes to
security personnel and will be subject to
the above security procedures if they
choose to re-enter the building. Hearing
room passes likewise will be collected
from those exiting the hearing upon its
conclusion.
Laptops and recorders may be used in
the hearing room, but no provision will
be made for connecting personal
computers to the Internet. Cellular
telephone use is not permitted in the
hearing room; cell phones may be used
quietly in the corridor surrounding the
hearing room or in the building’s main
lobby.
The Board’s hearing room complies
with the Americans with Disabilities
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Agencies
[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59770-59771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24784]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 6 (Sub-No. 475X)]
BNSF Railway Company--Abandonment Exemption--in Boulder County,
CO
BNSF Railway Company (BNSF) has filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon 1.37 miles of rail line extending between milepost 20.80 and
milepost 22.17 at Lafayette, in Boulder County, CO (the Line). The Line
traverses United States Postal Service Zip Code 80026 and includes no
stations.
BNSF has certified that: (1) No local traffic has moved over the
Line for at least 2 years; (2) the Line is stub-ended and not capable
of handling any overhead traffic, therefore, there is no overhead
traffic to be rerouted; (3) no formal complaint filed by a user of rail
service on the Line (or by a state or local government entity acting on
behalf of such user) regarding cessation of service over the Line
either is pending with the Surface Transportation Board (Board) or with
any U.S. District Court or has been decided in favor of complainant
within the 2-year period; and (4) the requirements at 49 CFR 1105.7(c)
(environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR
1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to
governmental agencies) have been met.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address
whether this condition adequately protects affected employees, a
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on October 27, 2011, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\1\ formal
expressions of intent to file an
[[Page 59771]]
OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking requests
under 49 CFR 1152.29 must be filed by October 7, 2011. Petitions to
reopen or requests for public use conditions under 49 CFR 1152.28 must
be filed by October 17, 2011, with the Surface Transportation Board,
395 E Street, SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------
\1\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Office of Environmental Analysis (OEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any
request for a stay should be filed as soon as possible so that the
Board may take appropriate action before the exemption's effective
date.
\2\ Each OFA must be accompanied by the filing fee, which is
currently set at $1,500. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------
A copy of any petition filed with the Board should be sent to
BNSF's representative: Karl Morell, Of Counsel, Ball Janik LLP, 655
Fifteenth Street, NW., Suite 225, Washington, DC 20005.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
BNSF has filed a combined environmental and historic report that
addresses the effects, if any, of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by September 30, 2011. Interested persons may obtain a copy of the EA
by writing to OEA (Room 1100, Surface Transportation Board, Washington,
DC 20423-0001) or by calling OEA at (202) 245-0305. Assistance for the
hearing impaired is available through the Federal Information Relay
Service at 1-800-877-8339. Comments on environmental and historic
preservation matters must be filed within 15 days after the EA becomes
available to the public.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), BNSF shall file
a notice of consummation with the Board to signify that it has
exercised the authority granted and fully abandoned the Line. If
consummation has not been effected by BNSF's filing of a notice of
consummation by September 27, 2012, and there are no legal or
regulatory barriers to consummation, the authority to abandon will
automatically expire.
Board decisions and notices are available on our Web site at https://www.stb.dot.gov.
Decided: September 22, 2011.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Jeffrey Herzig,
Clearance Unit.
[FR Doc. 2011-24784 Filed 9-26-11; 8:45 am]
BILLING CODE 4915-01-P