Taxpayer Advocacy Panel Meeting Cancellation, 75951-75952 [2011-31180]
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Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Notices
explosion at Realm Industries, Inc., an
apparent predecessor company of
Rainbow of Hope. The June 2010
explosion, which took place at an
industrial facility at 480 East Easy
Street, Simi Valley, California, was also
linked to TyLar. In addition, a third
explosion occurred at a Realm
Industries facility on December 15,
2008. A Material Safety Data Sheet
(MSDS) for TyLar describes it as a
flammable, colorless, odorless
compressed gas that poses an immediate
fire and explosive hazard when
concentration exceeds 5.2% in the
atmosphere. The MSDS states that
TyLar is capable of self-sustained
combustion and detonation creating an
implosion when unadulterated by other
gases, will create an explosive mixture
when combined with other gases, and
creates a strong sonic shock upon
ignition. The MSDS does not include
composition information, merely stating
that the product is a ‘‘Trade Secret’’ and
a ‘‘Proprietary Mixture.’’
In the hazardous materials context, an
unsafe condition rises to the level of an
imminent hazard when a ‘‘substantial
likelihood that death, serious illness,
severe personal injury, or a substantial
endangerment to health, property, or the
environment may occur before the
reasonably foreseeable completion date
of a formal proceeding begun to lessen
the risk of that death, illness, injury, or
endangerment.’’ 49 CFR 109.1.
TyLar-related incidents have caused
two major explosions within a 14-month
period. The August 9, 2011, explosion
in Sylmar caused two people to suffer
severe injuries and caused substantial
destruction of property. The June 17,
2010, explosion in Simi Valley caused
a death. Because the companies did not
cease TyLar-related activities following
the 2010 death, but instead changed
locations and resumed work related to
the TyLar gas, PHMSA believes that the
companies may resume production and
transportation activities. Due to the
history of property damage, death, and
severe personal injury related to the use
and transportation of TyLar, PHMSA
believes that its continued use and
transportation in commerce constitutes
an imminent hazard. Given these facts,
PHMSA concludes that there is a
substantial likelihood that TyLar-related
operations may cause death, serious
illness, severe personal injury, or a
substantial endangerment to health,
property, or the environment before the
reasonably foreseeable conclusion of
these proceedings.
Remedial Action
To eliminate or abate the imminent
hazard, you must refrain from filling
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cylinders with TyLar and refrain from
offering TyLar for transportation in
commerce or transporting it in
commerce. In the alternative, you may
present evidence showing that you have
developed adequate safety measures to
mitigate the risks of explosion presented
by TyLar.
Rescission of This Order
Before you may fill cylinders, offer
and/or transport any hazardous material
subject to this Order you must be able
to adequately demonstrate to the
Administrator that you have taken the
actions listed above, or that you have
taken other actions, and that the actions
taken have, in fact, resulted in an
imminent hazard no longer existing.
After you have presented evidence
showing that the imminent hazard no
longer exists, the Administer will issue
a Rescission Order. Until a Rescission
Order is issued, you musnot offer or
transport any package covered by this
Order.
Failure To Comply
Any person failing to comply with
this Emergency Order is subject to civil
penalties of up to $110,000 for each
violation or for each day they are found
to be in violation (49 U.S.C. 5123). A
person violating this Emergency Order
is also subject to criminal prosecution,
which may result in fines under title 18,
imprisonment of up to ten years, or both
(49 U.S.C. 5124).
Right to Review
Any person to whom the
Administrator has issued an Emergency
Order is entitled to review of the order
pursuant to 49 U.S.C. 5121(d)(3) and in
accordance with section 554 of the
Administrative Procedure Act (APA), 5
U.S.C. 500 et seq. Any petition seeking
relief must be filed within 20 calendar
days of the date of this order (49 U.S.C.
5121 (d)(3)), and include one copy
addressed to the Chief Safety Officer
(CSO) for the Pipeline and Hazardous
Materials Safety Administration, United
States Department of Transportation,
1200 New Jersey Avenue SE.,
Washington DC 20590–0001 (Attention:
Office of Chief Counsel) (electronically
to PHMSACHIEFCOUNSEL@DOT.GOV)
and one copy addressed to U.S. DOT
Dockets, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Room W12–140,
Washington, DC 20590 (https://
Regulations.gov under Docket
#PHMSA–2011–0303). Furthermore, a
petition for review must state the
material facts at issue which the
petitioner believes dispute the existence
of an imminent hazard and must
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75951
include all evidence and exhibits to be
considered. The petition must also state
the relief sought. Within 30 days from
the date the petition for review is filed,
the CSO must approve or deny the relief
in writing; or find that the imminent
hazard continues to exist, and extend
the original Emergency Order. In
response to a petition for review, the
CSO may grant the requested relief in
whole or in part; or may order other
relief as justice may require (including
the immediate assignment of the case to
the Office of Hearings for a formal
hearing on the record).
In order to request a formal hearing in
accordance with 5 U.S.C. 554, the
petition must state that a formal hearing
is requested, and must identify the
material facts in dispute giving rise to
the request for a hearing. A petition
which requests a formal hearing must
include an additional copy addressed to
the Chief Administrative Law Judge,
U.S. Department of Transportation,
Office of Hearings, M–20, Room E12–
320, 1200 New Jersey Avenue SE.,
Washington, DC 20590 (Fax: (202) 366–
7536).
Issued in Washington, DC, on November
17, 2011.
Magdy El-Sibaie,
Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2011–31054 Filed 12–2–11; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Taxpayer Advocacy Panel Meeting
Cancellation
Internal Revenue Service (IRS),
Treasury.
AGENCY:
ACTION:
Notice of Meeting Cancellation.
Notice is hereby given of the
cancellation of the open meeting of the
Taxpayer Advocacy Panel scheduled for
Tuesday, December 6, 2011, and
Wednesday, December 7, 2011, at the
Capital Hilton Hotel in Washington, DC,
which was originally published in the
Federal Register on November 9, 2011,
(Volume 76, Number 217, Page 69799).
The meeting is cancelled due to
budgetary constraints.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Susan Gilbert at 1–(888) 912–1227 or
(515) 564–6638.
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75952
Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Notices
Dated: November 30, 2011.
Shawn Collins,
Director, Taxpayer Advocacy Panel.
[FR Doc. 2011–31180 Filed 12–2–11; 8:45 am]
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BILLING CODE 4830–01–P
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Agencies
[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Notices]
[Pages 75951-75952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31180]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
Taxpayer Advocacy Panel Meeting Cancellation
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of Meeting Cancellation.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given of the cancellation of the open meeting
of the Taxpayer Advocacy Panel scheduled for Tuesday, December 6, 2011,
and Wednesday, December 7, 2011, at the Capital Hilton Hotel in
Washington, DC, which was originally published in the Federal Register
on November 9, 2011, (Volume 76, Number 217, Page 69799).
The meeting is cancelled due to budgetary constraints.
FOR FURTHER INFORMATION CONTACT: Susan Gilbert at 1-(888) 912-1227 or
(515) 564-6638.
[[Page 75952]]
Dated: November 30, 2011.
Shawn Collins,
Director, Taxpayer Advocacy Panel.
[FR Doc. 2011-31180 Filed 12-2-11; 8:45 am]
BILLING CODE 4830-01-P