Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Notices 26657

proposed action and the EIS should be

directed to FHWA or PennDOT at the

address provided above.

(Catalog of Federal Domestic Assistance

Program Number 20.205, Highway Planning

and Construction. The regulations

implementing Executive Order 12372

regarding intergovernmental consultation on

Federal programs and activities apply to this

program)

Issued on: April 25, 2000.

James A. Cheatham,

FHWA Division Administrator.

[FR Doc. 00–11413 Filed 5–5–00; 8:45 am]

BILLING CODE 4910–22–M

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

[RSPA–00–7283, Notice No. 00–4]

Safety Advisory Notice; Use of NonComplying Portable Tanks for

Transportation of Propane

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Safety advisory notice.

SUMMARY: This safety advisory notice is

to make persons aware of safety

concerns related to the intermodal

transportation of propane in portable

tanks and of the proper packaging

requirements for such transportation.

RSPA has become aware of several

instances where propane was

improperly transported in portable

tanks. This suggests that some persons

who offer or transport propane in

portable tanks may not be fully aware of

the applicable requirements of the

Hazardous Materials Regulations. This

notice alerts offerors and transporters to

potential safety problems and

summarizes the proper packaging

requirements for offering or accepting

propane in portable tanks for

transportation.

FOR FURTHER INFORMATION CONTACT:

Diane LaValle, Office of Hazardous

Materials Standards, RSPA, Department

of Transportation, 400 Seventh Street,

SW., Washington, DC 20590–0001,

Telephone (202) 366–8553.

SUPPLEMENTARY INFORMATION:

I. Background

The U.S. Coast Guard has identified

problems with certain portable tanks

used to transport propane in and

between the states of Washington and

Alaska. It appears that many of the

portable tanks in this service may not

conform to the requirements of the

Hazardous Materials Regulations (HMR;

49 CFR parts 171–180) and to

requirements for approval and

inspection of cargo containers (49 CFR

parts 450–453). Some of the deficiencies

identified may pose a significant safety

threat.

On March 17, 2000, a SeaLand/CSX

cargo vessel transporting over 6,000

gallons of propane in a portable tank

encountered rough seas. The portable

tank broke loose from its frame,

damaging its external piping and

releasing over 100 gallons of propane.

Although the release of propane in this

incident was relatively small, the

potential for a catastrophic incident

involving the bulk transportation of

propane on board vessels should not be

minimized. A significant release of

propane, coupled with a fire or

explosion, would place the crew and the

vessel at serious risk.

Subsequent inquiries and

investigations by RSPA’s Offices of

Hazardous Materials Enforcement and

Hazardous Materials Technology, the

Federal Motor Carrier Safety

Administration, and the U.S. Coast

Guard identified several potential

problems with portable tanks used for

the intermodal transportation of

propane. These problems involve

improper mounting of portable tanks to

container frames, substandard welds

where portable tanks are attached to

container frames, overfilling,

improperly modified cargo tanks, and

invalid specification packaging

markings. Preliminary indications are

that such deficiencies may affect a

significant number of portable tanks in

intermodal propane service. An initial

industry estimate is that perhaps 60

percent of 500 portable tanks involved

in this transportation may not conform

to HMR requirements. Because these

tanks are used in intermodal service, the

potential safety problems could affect

highway and rail transportation, in

addition to transportation by vessel.

II. Requirements for the Transportation

of Propane in Portable Tanks

Section 173.315 of the HMR

authorizes the transportation of propane

in a number of bulk packagings,

including DOT Specification 51 portable

tanks. Specifications for the design and

manufacture of DOT Specification 51

portable tanks are in Subpart H of Part

178 of the HMR.

Design and construction. Generally,

DOT 51 portable tanks must be

designed, constructed, certified, and

stamped in accordance with the ASME

Code in effect at the time the tank is

constructed (see § 178.245–1). Welds

used in tank construction, as well as

welding procedures and weld

performance tests, must conform to the

ASME Code (see § 178.245–1(b)). The

regulations also include specific

requirements for tank openings and

filling and discharge connections (see

§ 178.245–1(d)). Among other

requirements, each filling and discharge

connection below the normal liquid

level of the tank must be equipped with

an internal self-closing stop valve

capable of closing within 30 seconds of

actuation.

The regulations for DOT 51 portable

tanks also include specific requirements

applicable to materials of construction

(§ 178.245–2), design pressure

(§ 178.245–3), mountings (§ 178.245–4),

and damage protection (§ 178.245–5).

A DOT 51 portable tank that meets the

definition of a ‘‘container’’ in 49 CFR

450.3(a)(2) must also conform to the

requirements of 49 CFR parts 450

through 453 for compliance with Annex

II of the International Convention for

Safe Containers, particularly with regard

to attachment of the portable tank to its

intermodal frame (see § 178.245–

1(d)(4)(i) and 178.245–4(e)). Parts 450

through 453 establish requirements and

procedures for safety approval and

periodic examination of cargo

containers. Portable tanks that meet the

definition of ‘‘container’’ for purposes of

Parts 450 through 453 must be inspected

by an agency that has been approved by

the US Coast Guard. As defined in 49

CFR 450.3(a)(2), a ‘‘container’’ is an

article of transport equipment that: (1) Is

suitable for repeated use; (2) is designed

to facilitate the transport of goods by

one or more modes of transport without

intermediate reloading; (3) is designed

to be secured and readily handled with

corner fittings for these purposes; and

(4) has an area enclosed by the bottom

four corners that is at least 150 square

feet or 75 square feet if it has top corner

fittings.

Periodic inspections and tests.

Portable tanks used for the

transportation of hazardous materials

must undergo periodic inspections and

tests to assure the continued integrity of

the tank and its appurtenances. The

requirements for periodic inspection

and testing of DOT 51 portable tanks are

in § 173.32(e). Every five years, a DOT

51 portable tank must successfully pass

a pressure test that conforms to the

requirements in § 173.32(e)(2)(i) and a

visual inspection that conforms to the

requirements in § 173.32(e)(2)(ii). The

date of the most recent periodic test and

inspection must be marked on the tank

on or near its certification plate. A

portable tank for which the prescribed

tests or inspections have become due

may not be filled and offered for

26658 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Notices

1OmniTRAX is a noncarrier holding company,

which at the time of filing, directly controlled 10

Class III railroads, including CKR and KSW,

operating in 7 states. See OmniTRAX, Inc.—Control

Exemption—Northern Ohio & Western Railway,

LLC, STB Finance Docket No. 33598 (STB served

June 5, 1998). OmniTRAX also states that it controls

3 rail carriers that operate in Canada.

inspection until the test or inspection

has been successfully completed.

Cargo tank conversions. It is possible,

though difficult, to modify a cargo tank,

such as by using the tank from an MC

330 cargo tank motor vehicle, to meet

the DOT 51 portable tank specification.

The modification must be performed by

an ASME Code facility. The

manufacturer performing the

modification must assure that the

modified tank conforms to all the

requirements of the DOT 51

specification in § 178.245 of the HMR.

Such a tank no longer meets the cargo

tank specification; thus, the

manufacturer must remove or cover the

cargo tank specification plate on the

modified tank and affix a new

certification plate in accordance with

§ 178.245–6. Other than through

recertification as a portable tank, there

is no provision for use of the tank from

a cargo tank motor vehicle as a portable

tank.

Filling densities. The HMR prescribe

maximum permitted filling densities for

portable tanks in propane service in

§ 173.315(b). Generally, maximum

permitted filling densities depend on

the specific gravity of the material to be

transported, measured at 60°F, and the

size of the tank. Propane in a portable

tank may not exceed 60 percent of the

water-weight capacity of the tank.

III. Safety Implications

The purpose of this safety advisory

notice is to alert persons who offer or

transport propane that transporting

propane in portable tanks that do not

conform to the HMR could have serious

safety implications for persons who

handle or transport such tanks and for

the general public. When liquid propane

is released into the atmosphere, it

quickly vaporizes into the gaseous form

that is its normal state at atmospheric

pressure. Vaporization occurs very

rapidly and, in the process, the propane

combines readily with air to form fuelair mixtures that are ignitable over a

range of 2.2 to 9.5 percent by volume.

If an ignition source is present in the

vicinity of the highly flammable

mixture, the vapor cloud ignites and

burns explosively.

No person may offer for transportation

or transport hazardous materials except

in conformance with the HMR. Persons

offering or transporting propane in

portable tanks that do not conform to

the HMR requirements may be subject to

civil or criminal penalties.

Issued in Washington, DC, on May 2, 2000.

Robert A. McGuire,

Acting Associate Administrator for

Hazardous Materials Safety.

[FR Doc. 00–11375 Filed 5–5–00; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33868]

OmniTRAX, Inc., Central Kansas

Railway, L.L.C., and Kansas

Southwestern Railway, L.L.C.—

Corporate Family Transaction

Exemption

OmniTRAX, Inc. (OmniTRAX),1

Central Kansas Railway L.L.C. (CKR),

and Kansas Southwestern Railway,

L.L.C. (KSW), have jointly filed a

verified notice of exemption. CKR

operates over approximately 900 miles

of rail line in the States of Kansas and

Colorado. KSW operates over

approximately 106 miles of rail line in

the State of Kansas and connects at

several locations with CKR. KSW will

be merged into CKR, with CKR as the

surviving corporation. After the

transaction is consummated,

OmniTRAX will control 9 Class III

railroads in the United States.

The transaction was scheduled to be

consummated on or shortly after April

26, 2000.

The purpose of the transaction is to

simplify OmniTRAX’s corporate

structure and eliminate costs associated

with separate accounting, tax,

bookkeeping and reporting functions.

The proposed transaction will also

enhance the operating economies of,

and improve service on, the surviving

corporation.

This is a transaction within a

corporate family of the type specifically

exempted from prior review and

approval under 49 CFR 1180.2(d)(3).

The parties state that the transaction

will not result in adverse changes in

service levels, significant operational

changes, or a change in the competitive

balance with carriers outside the

corporate family.

Under 49 U.S.C. 10502(g), the Board

may not use its exemption authority to

relieve a rail carrier of its statutory

obligation to protect the interests of its

employees. Section 11326(c), however,

does not provide for labor protection for

transactions under sections 11324 and

11325 that involve only Class III rail

carriers. Because this transaction

involves Class III rail carriers only, the

Board, under the statute, may not

impose labor protective conditions for

this transaction.

If the notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption

under 49 U.S.C. 10502(d) may be filed

at any time. The filing of a petition to

revoke will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33868, must be filed with

the Surface Transportation Board, Office

of the Secretary, Case Control Unit, 1925

K Street, NW, Washington, DC 20423–

0001. In addition, a copy of each

pleading must be served on Karl Morell,

P.C., Ball Janik LLP, Suite 225, 1455 F

Street, NW, Washington, DC 20005.

Board decisions and notices are

available on our website at

‘‘WWW.STB.DOT.GOV.’’

Decided: April 28, 2000.

By the Board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 00–11183 Filed 5–5–00; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the

Currency

Office of Thrift Supervision

FEDERAL DEPOSIT INSURANCE

CORPORATION

Agency Information Collection

Activities; Proposed Renewal of

Information Collection; Comment

Request

AGENCIES: Office of the Comptroller of

the Currency (OCC) and Office of Thrift

Supervision (OTS), Treasury, and

Federal Deposit Insurance Corporation

(FDIC).

ACTION: Joint notice and request for

comment.

SUMMARY: The OCC, OTS, and FDIC

(collectively, the ‘‘agencies’’), as part of

their continuing efforts to reduce

paperwork and respondent burden,

invite financial institutions, the general

public, and other Federal agencies to

comment on a continuing information