68210 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Notices 

ACTION: List of applications for 

exemption. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, exemptions 

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 exemption 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 23, 2004. 

Address Comments to: Record Center, 

Research and Special Programs 

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 selfaddressed stamped postcard showing 

the exemption number.

FOR FURTHER INFORMATION CONTACT:

Copies of the applications are available 

for inspection in the Records Center, 

Nassif Building, 400 7th Street SW., 

Washington, DC or at http://

dms.dot.gov. 

This notice of receipt of applications 

for modification of exemption 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 November 

16, 2004. 

R. Ryan Posten, 

Exemptions Program Officer, Office of 

Hazardous Materials Safety Exemptions & 

Approvals.

NEW EXEMPTION

Application 

number Docket number Applicant Regulation(s) affected Nature of exemption thereof 

13998–N ...... RSPA–2004–

19651.

3AL Testing Corp. 

Miami, FL.

49 CFR 180.205(f)(g); 

180.209(a),(b)(1)(iv); 

172.203(a); 

172.302a(b)(2),(4)(5).

To authorize an alternative requalification method for 

DOT–3A, DOT–3AA, DOT–3ADX and DOT–3AAX steel 

cylinders. (modes 1,3,4) 

13999–N ...... RSPA–2004–

19659.

Kompozit-Praha s.r.o. 

Dysina u Plzne 

Czech Republic.

49 CFR 

173.304a(a)(1);175.3.

To authorize the manufacture, marking, sale and use of a 

non-DOT specification fully-wrapped fiberglass composite cylinder with a seamless, specially designed liner 

for use in transporting certain hydrocarbon gases. 

(modes 1,2,3,4) 

14001–N ...... RSPA–2004–

19646.

Koch Hyrocarbon LP 

Medford, OK.

49 CFR 177.834(i)(3); 

177.840(q)(1).

To authorize the use of video cameras and monitors to 

observe the loading and unloading operations of certain 

hazardous materials from a remote control station in 

place of personnel remaining within 7.62 meters (25 

feet) of cargo tank motor vehicles. (mode 1) 

14002–N ...... RSPA–2004–

19645.

BOC Gases Murray 

Hill, NJ.

49 CFR 178.338–11(c) To authorize the use of a cargo tank in oxygen, refrigerated liquid service that is not equipped with a remotely controlled self closing shut-off value. (mode 1) 

14003–N ...... RSPA–2004–

19647.

INOCOM Inc. Riverside, CA.49 CFR 173.302(a)(1), 

173.304(a), 175.3 

and 180.205.

To authorize the manufacture, mark, sale and use of nonDOT specification fully wrapped carbon fiber reinforced 

aluminum lined cylinders for the transportation in commerce of certain Division 2.2 materials. (modes 

1,2,3,4,5) 

14004–N ...... RSPA–2004–

19657.

Praxair, Inc. Danbury, 

CT.

49 CFR 179.13 ........... To authorize the transportation in commerce of certain Division 2.2 gases in DOT Specification 105J500W tank 

cars with a maximum gross weight on rail greater than 

currently authorized. 

14008–N ...... RSPA–2004–

19656.

Air Products and 

Chemicals, Inc. Allentown, PA.

49 CFR 173.301(f)(3); 

180.205(c)(4).

To authorize an alternative retesting method for DOT–3, 

3A, 3AA cylinders used in transporting Division 2.1 hazardous materials. (modes 1,2,3) 

14009–N ...... ........................... United States Can 

Company Elgin, IL.

49 CFR 178.33a–7; .... To authorize the transportation in commerce of DOT–2Q 

receptacles with an alternative wall thickness for use in 

transporting ORM–D, Division 2.1 and Division 2.2. 

(modes 1, 2, 3, 4) 

14010–N ...... RSPA–2004–

19644.

Varsal, LLC Warminster, PA.49 CFR 173.202 ......... To authorize the one-way transportation in commerce of a 

50% solution of Hypophosphorous Acid in alternative 

UN 3H2 packagings. (mode 1) 

[FR Doc. 04–25887 Filed 11–22–04; 8:45 am] 

BILLING CODE 4909–60–M

DEPARTMENT OF TRANSPORTATION

Research and Special Programs 

Administration 

Office of Hazardous Materials Safety; 

Notice of Applications for Modification 

of Exemption

AGENCY: Research and Special Programs 

Administration, DOT.

ACTION: List of applications for 

modification of exemption. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, exemptions 

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

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Notices 68211

application described herein. This 

notice is abbreviated to expedite 

docketing and public notice. Because 

the sections affected, modes of 

transportation, and the nature of 

application have been shown in earlier 

Federal Register publications, they are 

not repeated here. Request of 

modifications of exemptions (e.g. to 

provide for additional hazardous 

materials, packaging design changes, 

additional mode of transportation, etc.) 

are described in footnotes to the 

application number. Application 

numbers with the suffix ‘‘M’’ denote a 

modification request. There applications 

have been separated from the new 

application for exemption to facilitate 

processing.

DATES: Comments must be received on 

or before December 8, 2004. 

Address Comments To: Record 

Center, Research and Special Programs 

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 selfaddressed stamped postcard showing 

the exemption number.

FOR FURTHER INFORMATION CONTACT:

Copies of the applications are available 

for inspection in the Records Center, 

Nassif Building, 400 7th Street SW., 

Washington DC or at http://dms.dot.gov.

This notice of receipt of applications 

for modification of exemption 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 November 

16, 2004. 

R. Ryan Posten, 

Exemptions Program Officer, Office of 

Hazardous Materials Exemptions & 

Approvals.

MODIFICATION EXEMPTIONS

Application 

number 

Docket number Applicant Regulation(s) affected Modification of 

exemption Nature of exemption thereof 

10798–M ...... ...................... Olin Corporation 

Cleveland, TN.

49 CFR 174.67(i), (j) .. 10798 To modify the exemption to authorize the 

transportation of an additional Class 8 material in DOT Specification tank cars. 

10985–M ...... ...................... Georgia-Pacific Corporation Atlanta, GA.49 CFR 174.67(i), (j) .. 10985 To modify the exemption to authorize the 

transportation of Class 3, Division 6.1 and 

additional Class 8 materials in DOT Specification tank cars. 

12274–M ...... RSPA–99–

5707.

Snow Peak USA, Inc. 

Clackamas, OR.

49 CFR 

173.304(a)(d)(3)(ii).

12274 To modify the exemption to authorize the 

transportation of an additional Division 2.1 

material in non-DOT specification nonrefillable inside containers. 

12783–M ...... RSPA–01–

10309.

CryoSurgery, Inc. 

Nashville, TN.

49 CFR 

173.304a(a)(1); 

173.306(a).

12783 To modify the exemption to allow up to 18 

oz. non-DOT specification nonrefillable 

containers be filled to 55% filling density 

for the transportation of ORM–D materials. 

12920–M ...... RSPA–02–

11638.

Epichem, Inc. Haverhill, MA.49 CFR 173.181(c) .... 12920 To modify the exemption to authorize the 

transportation of an additional Division 4.2 

material in combination packagings with 

inner containers that exceed currently authorized quantities. 

12988–M ...... RSPA–02–

12215.

Air Products and 

Chemicals, Inc. Allentown, PA.

49 CFR 173.304; 

179.300.

12988 To modify the exemption to update the nonDOT specification design drawings, the 

material of construction requirements and 

the minimum burst pressure from 249 bar 

to 240 bar. 

13182–M ...... RSPA–02–

14023.

Cytec Industries Inc. 

West Paterson, NJ.

49 CFR 173.304a(b) .. 13182 To modify the exemption to authorize domestic distribution of DOT Specification 

cylinders containing a certain Division 2.3 

material filled to liquid full at 130 degrees 

F. 

13208–M ...... RSPA–03–

14944.

Provensis Limited, 

Keaton House.

49 CFR 171.11(d)(7) 

and (14); 

171.12(b)(17); 

173.302(a)(1); Part 

174; Part 177;.

13208 To modify the exemption to authorize the 

transportation of an additional Division 2.2 

material in DOT Specification 2Q containers and relief from certain operational 

controls and modal requirements. 

13344–M ...... RSPA–04–

16868.

Precision Technik Atlanta, GA.49 CFR 

173.301(a)(d)(1); 

180.209; 173.201; 

173.202; 173.203; 

173.302; 173.304.

13344 To modify the exemption to authorize the addition of a bottom liquid drain valve and 

rail mount brackets to the non-DOT specification salvage cylinder. 

13565–M ...... RSPA–04–

17863.

H.C. Starck, Inc. Newton, MA.49 CFR 173.211 ........ 13565 To reissue the exemption originally issued 

on an emergency basis for the transportation of Division 4.3 material in alternative 

packaging (an accumulator). 

13601–M ...... RSPA–04–

18713.

DS Containers, Inc. 

Lemont, IL.

49 CFR 173.306(b)(1); 

175.3.

13601 To modify the exemption to authorize a pressure relief device in the bottom end of the 

non-DOT specification inner nonrefillable 

metal container with a venting pressure 

not below 175 psi. 

68212 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Notices 

[FR Doc. 04–25888 Filed 11–22–04; 8:45 am] 

BILLING CODE 4909–60–M

DEPARTMENT OF TRANSPORTATION

Research and Special Programs 

Administration 

[Docket No. RSPA–04–18975; Notice No. 

04–07] 

Safety Advisory: Unauthorized Marking 

of Compressed Gas Cylinders

AGENCY: Research and Special Programs 

Administration (RSPA), DOT.

ACTION: Safety advisory notice.

SUMMARY: This is to notify the public 

that RSPA is investigating the 

unauthorized marking of DOT 

specification high-pressure carbon 

dioxide fire extinguishers serviced by 

Statewide Fire Equipment, Inc. 

(Statewide), West Buxton, ME. Note that 

non-DOT specification dry chemical fire 

extinguishers are not at issue. RSPA has 

evidence that suggests Statewide 

marked, certified and returned to 

service numerous high-pressure DOT 

specification carbon dioxide fire 

extinguishers when the cylinders had 

not been properly requalified in 

accordance with the Hazardous 

Materials Regulations (HMR). In 

addition, the evidence suggests that 

Statewide used the Retester 

Identification Numbers (RINs) of several 

other licensed retest facilities without 

the permission or knowledge of these 

facilities. 

A hydrostatic retest and visual 

inspection are used to verify the 

structural integrity of compressed gas 

cylinders. If a hydrostatic retest and 

visual inspection are not performed 

within the time period required by the 

HMR, cylinders with compromised 

structural integrity may be returned to 

service when they should be 

condemned. Extensive property damage, 

serious personal injury, or death could 

result from rupture of a cylinder.

SUPPLEMENTARY INFORMATION: Through 

its investigation, RSPA believes that 

Statewide marked, certified and 

returned to service an undetermined 

number of high-pressure carbon dioxide 

fire extinguishers without the authority 

to perform such servicing or without 

ensuring that the cylinders were 

properly requalified by an authorized 

retest facility. The cylinders are owned 

by municipal school systems, fire 

departments, and a yet to be determined 

number of other customers in southern 

Maine, The HMR require that a cylinder 

requalification facility hold a current 

RIN issued by RSPA. Statewide has 

never applied for or received a RIN; 

therefore it is not an authorized cylinder 

requalification facility. Cylinders 

serviced by Statewide were found to be 

marked with the RINs of four different 

authorized requalification facilities. The 

facilities and RIN numbers are: RIN 

A803 issued to AAA Fire Extinguisher 

Co., Inc. (AAA Fire Extinguisher), 328 

Rodman Road, Auburn, ME, (207) 784–

8306; RIN A887 issued to Simplex 

Grinnell LP (Simplex Grinnell), 20 

Thomas Drive, Westbrook, ME, (207) 

842–6440; RIN A813 issued to J. N. 

Johnson Sales & Service, Inc., (J. N. 

Johnson), 4200 West 76th Street, Edina, 

MN, (952) 835–4600; and RIN A857 

issued to Orange County Fire Protection 

(Orange County Fire), 137 West Bristol 

Lane, Orange, CA, (714) 974–9025. 

RSPA has reviewed the retester 

records from these four companies from 

1995 to the present, and has determined 

that none of these companies have 

performed any cylinder requalification 

for Statewide. Although AAA Fire 

Extinguisher of Auburn, ME requalified 

DOT specification high pressure carbon 

dioxide fire extinguishers for Statewide 

until approximately 1995, it has not 

performed any services for Statewide 

since then. In addition to the four RIN 

numbers mentioned above, RSPA 

believes that Statewide may have 

marked cylinders with other 

unauthorized RINs. The RIN and date of 

retest are marked on the shoulders of 

cylinders in the following pattern:

M is the month of retest (e.g., 10), and 

Y is the year of the retest (e.g., 04). 

This safety advisory covers all highpressure DOT specification fire 

extinguishers that have been marked 

and certified as having been requalified 

while in the custody of Statewide. 

These cylinders may pose a safety risk 

to the public and should be considered 

unsafe for use in hazardous materials 

service until requalified by an 

authorized retest facility. Furthermore, 

cylinders described in this safety 

advisory must not be filled with a 

hazardous material unless the cylinders 

are first properly retested by an 

authorized retest facility. A list of 

authorized requalification facilities 

sorted by state or by RIN number may 

be obtained at RSPA’s Web site:

http://hazmat.dot.gov/files/approvals/

hydro/hydro_retesters.htm.

FOR FURTHER INFORMATION CONTACT:

Anthony Lima, Senior Hazardous 

Materials Enforcement Specialist, 

Eastern Region, Office of Hazardous 

Materials Enforcement, Research and 

Special Programs Administration, U.S. 

Department of Transportation, 820 Bear 

Tavern Road, Suite 306, West Trenton, 

NJ 08628. Telephone: (609) 989–2252. 

RSPA requests that any person 

possessing a high pressure DOT 

specification fire extinguisher serviced 

by Statewide since 1995 contact 

inspector Anthony Lima with the 

following information for each cylinder: 

(1) The DOT specification number and 

service pressure, (2) the serial number 

which should be marked in association 

with the specification number and 

service pressure, (3) the RIN number 

and the month and year of the last 

marked requalification, (4) invoices 

from Statewide that have the line item, 

‘‘Hydrostatic Tests’’ completed, and (5) 

the customer name, address, contact 

person and telephone number so the 

inspector may contact you if necessary. 

Please provide the requested 

information via facsimile to: (775) 307–

4971.

Issued in Washington, DC, on November 

17, 2004. 

Robert A. McGuire, 

Associate Administrator for Hazardous 

Materials Safety.

[FR Doc. 04–25889 Filed 11–22–04; 8:45 am] 

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

Release of Waybill Data 

The Surface Transportation Board has 

received a request from Harkins 

Cunningham on behalf of Canadian 

National Railway Company (WB525–9–

11/9/2004), for permission to use certain 

data from the Board’s Carload Waybill 

Samples. A copy of the request may be 

obtained from the Office of Economics, 

Environmental Analysis, and 

Administration. 

The waybill sample contains 

confidential railroad and shipper data; 

therefore, if any parties object to these 

requests, they should file their 

objections with the Director of the 

Board’s Office of Economics, 

Environmental Analysis, and 

Administration within 14 calendar days 

of the date of this notice. The rules for 

release of waybill data are codified at 49 

CFR 1244.9.


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