Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 25825 

burden of the proposed information 

collections; ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and ways to minimize the 

burden of the collections of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication of this 

notice in the Federal Register. 

Authority: 44 U.S.C. 3501–3520. 

Issued in Washington, DC on May 1, 2008 

. 

Kimberly Orben, 

Acting Director, Office of Financial 

Management, Federal Railroad 

Administration. 

[FR Doc. E8–10091 Filed 5–6–08; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2006–26275] 

Petition for Rulemaking—

Classification of Polyurethane Foam 

and Certain Finished Products 

Containing Polyurethane Foam as 

Hazardous Materials 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA). 

ACTION: Notice; re-opening of comment 

period. 

SUMMARY: On March 30, 2007, PHMSA 

published a notice soliciting comments 

on the merits of a petition for 

rulemaking filed by the National 

Association of State Fire Marshals 

(NASFM). The petitioner asked PHMSA 

to designate polyurethane foam and 

certain finished products containing 

polyurethane foam as hazardous 

materials when transported in 

commerce as a matter of safety for 

emergency responders and the general 

public. PHMSA is re-opening the 

comment period so that interested 

persons may submit additional 

comments on the March 30, 2007 notice 

and on supplemental information 

submitted by the petitioner. The 

comment period will remain open until 

further notice is published in the 

Federal Register. 

DATES: The period for submitting 

comments on the NASFM petition for 

rulemaking will remain open until 

further notice is published in the 

Federal Register. 

ADDRESSES: You may submit comments 

identified by the docket number 

PHMSA–2006–26275 by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12–

140, Routing Symbol M–30, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice at the beginning 

of the comment. Note that all comments 

received will be posted without change 

to the docket management system, 

including any personal information 

provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or DOT’s Docket 

Operations Office (see ADDRESSES). 

Privacy Act: Anyone is able to search 

the electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78), which 

may also be found at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Helen Engrum or Susan Gorsky, Office 

of Hazardous Materials Standards (202) 

366–8553, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Ave., SE., Washington, DC 

20590–0001. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 31, 2006, the National 

Association of State Fire Marshals 

(NASFM) submitted a petition for 

rulemaking (P–1491) to the Pipeline and 

Hazardous Materials Safety 

Administration (PHMSA) under the 

provisions of 49 CFR 106.31. The 

NASFM asked PHMSA to amend the 

Hazardous Materials Regulations (HMR; 

49 CFR Parts 171–180) to designate 

polyurethane foam and certain finished 

products containing polyurethane foam 

as a hazardous material for purposes of 

transportation in commerce. The 

NASFM is made up of senior-level 

public safety officials from the 50 states 

and the District of Columbia. 

On March 30, 2007, PHMSA 

published a notice [61 FR 15184] to 

solicit comments on the merits of the 

NASFM petition for rulemaking. The 

comment period closed June 28, 2007. 

Approximately 30 associations and 

individuals submitted comments in 

response to the notice. Most 

commenters oppose the designation of 

polyurethane foam and certain finished 

products containing polyurethane foam 

as hazardous materials under the HMR, 

stating that the transportation safety 

risks of such materials have not been 

documented and the costs of increased 

regulation would be prohibitive. 

In a letter dated October 19, 2007, 

NASFM asked PHMSA to defer action 

on its petition and re-open the public 

docket to allow additional consideration 

of the flammability risks posed by 

polyurethane foam and finished 

products containing polyurethane foam. 

NASFM notes that polyurethane foam 

and products containing polyurethane 

foam ‘‘do not fit neatly within the 

Agency’s long-standing definitions’’ for 

flammable solids, and suggests that the 

agency should consider whether 

another, more appropriate definition 

should be developed to convey the risks 

associated with these materials. NASFM 

also suggests that federal, state, and 

industry standards-setting agencies and 

organizations should consider 

developing a standard test and 

definition applicable to polyurethane 

foam. According to NASFM: 

Other branches of the U.S. Department of 

Transportation, the U.S. Coast Guard, and the 

U.S. Consumer Product Safety Commission 

regulate these materials and each agency has 

its own tests, standards and terms to define 

the same combustible properties. The same is 

true of the International Building Code, 

International Fire Code, and the National Fire 

Protection Association’s standard for 

automatic fire extinguishers (NFPA 13), all of 

which contain the language to provide 

authority to regulate polyurethane foam as a 

hazardous material requiring special 

protection. These model codes are referenced 

in countless Federal, state and local statutes. 

In effect, the polyurethane foam in the 

dashboard of a truck is regulated while the 

polyurethane foam shipped on the truck is 

not. The polyurethane foam shipment is 

regulated as a fire hazard in the factories in 

which it is made and used, in the warehouses 

in which it is stored, in the retail stores that 

offer it to the public and in the home. 


sroberts on PROD1PC70 with NOTICES
25826 Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 

We appreciate and share NASFM’s 

concern for public safety and effective 

emergency response. We agree the 

comment period on this issue should be 

extended to permit interested persons to 

provide more data and information on 

the definitional issue raised by NASFM 

in its October 19, 2007 letter. 

II. Request for Comments 

Issuance of this notice does not 

constitute a decision by PHMSA to 

undertake a rulemaking action on the 

substance of the petition. This notice is 

issued solely to obtain comments on the 

merits of the petition to assist PHMSA 

in making a decision of whether to 

proceed with a rulemaking. Comments 

are requested in regard to the safety 

implications of the proposals contained 

in the NASFM’s petition. We are 

particularly interested in data and 

information related to regulation of 

polyurethane foam by other agencies, 

such as the Consumer Product Safety 

Commission, the Occupational Safety 

and Health Administration, the U.S. 

Coast Guard, and the National Fire 

Protection Association, and whether the 

standards used by these agencies could 

be adapted for use in the transportation 

environment. We invite interested 

persons to supplement comments they 

may have already submitted to address 

the issues raised in NASFM’s October 

19, 2007 letter, to highlight other issues 

that we should consider in making a 

decision on the petition, or to provide 

additional data and information in 

support of previously stated positions. 

Issued in Washington, DC, on May 1, 2008. 

Theodore L. Willke, 

Associate Administrator for Hazardous 

Materials Safety. 

[FR Doc. E8–10101 Filed 5–6–08; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

Surety Companies Acceptable on 

Federal Bonds: Financial Casualty & 

Surety, Inc. 

AGENCY: Financial Management Service, 

Fiscal Service, Department of the 

Treasury. 

ACTION: Notice. 

SUMMARY: This is Supplement No. 11 to 

the Treasury Department Circular 570, 

2007 Revision, published July 2, 2007, 

at 72 FR 36192. 

FOR FURTHER INFORMATION CONTACT: 

Surety Bond Branch at (202) 874–6850. 

SUPPLEMENTARY INFORMATION: A 

Certificate of Authority as an acceptable 

surety on Federal bonds is hereby 

issued under 31 U.S.C. 9305 to the 

following company: 

Financial Casualty & Surety, Inc. 

(NAIC #35009). Business Address: 3131 

Eastside, Suite 600, Houston, TX 77098. 

Phone: (877) 737–2245. Underwriting 

Limitation b/: $784,000. Surety Licenses 

c/: AZ, CA, CT, DE, FL, ID, IN, KS, LA, 

MD, MI, MN, MS, NV, NJ, NY, NC, ND, 

OH, PA, SC, TN, TX, UT, VT, WA, WV. 

Incorporated In: Texas. 

Federal bond-approving officers 

should annotate their reference copies 

of the Treasury Circular 570 

(‘‘Circular’’), 2007 Revision, to reflect 

this addition. Certificates of Authority 

expire on June 30th each year, unless 

revoked prior to that date. The 

Certificates are subject to subsequent 

annual renewal as long as the 

companies remain qualified (see 31 CFR 

part 223). A list of qualified companies 

is published annually as of July 1st in 

the Circular, which outlines details as to 

the underwriting limitations, areas in 

which companies are licensed to 

transact surety business, and other 

information. 

The Circular may be viewed and 

downloaded through the Internet at 

http://www.fms.treas.gov/c570. 

Questions concerning this Notice may 

be directed to the U.S. Department of 

the Treasury, Financial Management 

Service, Financial Accounting and 

Services Division, Surety Bond Branch, 

3700 East-West Highway, Room 6F01, 

Hyattsville, MD 20782. 

Dated: April 25, 2008. 

Vivian L. Cooper, 

Director, Financial Accounting and Services 

Division. 

[FR Doc. E8–9960 Filed 5–6–08; 8:45 am] 

BILLING CODE 4810–35–M 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Additional Designation of Individuals 

and Entities Pursuant to Executive 

Order 12978 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The Treasury Department’s 

Office of Foreign Assets Control 

(‘‘OFAC’’) is publishing the names of 24 

newly-designated individuals and 

entities whose property and interests in 

property are blocked pursuant to 

Executive Order 12978 of October 21, 

1995, ‘‘Blocking Assets and Prohibiting 

Transactions with Significant Narcotics 

Traffickers.’’

DATES: The designation by the Director 

of OFAC of the 24 individuals and 

entities identified in this notice 

pursuant to Executive Order 12978 is 

effective on April 15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director, Compliance 

Outreach & Implementation, Office of 

Foreign Assets Control, Department of 

the Treasury, Washington, DC 20220, 

tel.: 202/622–2490. 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site 

(http://www.treas.gov/ofac) or via 

facsimile through a 24-hour fax-on 

demand service, tel.: (202) 622–0077. 

Background 

On October 21, 1995, the President, 

invoking the authority, inter alia, of the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706), 

issued Executive Order 12978 (60 Fed. 

Reg. 54579, October 24, 1995) (the 

‘‘Order’’). In the Order, the President 

declared a national emergency to deal 

with the threat posed by significant 

foreign narcotics traffickers centered in 

Colombia and the harm that they cause 

in the United States and abroad. 

Section 1 of the Order blocks, with 

certain exceptions, all property and 

interests in property that are in the 

United States, or that hereafter come 

within the United States or that are or 

hereafter come within the possession or 

control of United States persons, of: (1) 

The persons listed in an Annex to the 

Order; (2) any foreign person 

determined by the Secretary of 

Treasury, in consultation with the 

Attorney General and Secretary of State, 

to play a significant role in international 

narcotics trafficking centered in 

Colombia; or (3) to materially assist in, 

or provide financial or technological 

support for or goods or services in 

support of, the narcotics trafficking 

activities of persons designated in or 

pursuant to this order; and (4) persons 

determined by the Secretary of the 

Treasury, in consultation with the 

Attorney General and the Secretary of 

State, to be owned or controlled by, or 

to act for or on behalf of, persons 

designated pursuant to this Order. 

On April 15, 2008, the Director of 

OFAC, in consultation with the 

Attorney General and Secretary of State, 

as well as the Secretary of Homeland 

Security, designated 24 individuals and 

entities whose property and interests in 

property are blocked pursuant to the 

Order. 


sroberts on PROD1PC70 with NOTICES