5506 Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Notices

This notice of receipt of applications

for modification of exemptions and for

party to an exemption is published in

accordance with Part 107 of the

Hazardous Materials Transportations

Act (49 U.S.C. 1806; 49 CFR 1.53(e)).

Issued in Washington, DC, on January 30,

1997.

J. Suzanne Hedgepeth,

Director, Office of Hazardous Materials,

Exemptions and Approvals.

[FR Doc. 97–2784 Filed 2–4–97; 8:45 am]

BILLING CODE 4910–60–M

Office of Hazardous Materials Safety;

Notice of Applications for Exemptions

AGENCY: Research and Special Programs

Administration, DOT.

ACTION: List of applicants for

exemptions.

SUMMARY: In accordance with the

procedures governing the application

for, and the processing of, exemptions

from the Department of Transportation’s

Hazardous Materials Regulations (49

CFR Part 107, Subpart B), notice is

hereby given that the Office of

Hazardous Materials Safety has received

the applications 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 March 7, 1997.

ADDRESS COMMENTS TO: Dockets Unit,

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 application number.

FOR FURTHER INFORMATION: Copies of the

application are available for inspection

in the Dockets Unit, Room 8426, Nassif

Building, 400 7th Street, SW.

Washington, DC.

NEW EXEMPTIONS

Application No. Applicant Regulations(s) affected Nature of exemption thereof

11807–N Kirby Chemical Co., Longview, TX.49 CFR 172.407(c) ............ To authorize the transportation in commerce of a current

supply of labels in size smaller than the 3.9 inch minimum

required for use in transporting various Class 8 material.

(mode 1).

11808–N Trinity Industries, Inc., Dallas, TX.49 CFR 179.300–19(a) ...... To authorize the foreign inspection of certain multi-unit tank

cars (one ton containers) manufactured in Mexico for use

in transporting chlorine. (mode 5).

11809–N Laidlaw Environmental

Services Inc., Columbia,

SC.

49 CFR 173.156(b)(1)(iii) ... To authorize the transportation in commerce of consumer

commodities from a manufacturer, a distribution center, or

a retail outlet to a disposal facility from more than one

offeror. (mode 1).

11811–N Laidlaw Environmental,

Services Inc., Columbia,

SC.

49 CFR 172.202(c) ............ To authorize the transportation in commerce of various

household hazardous wastes to be transported without

having the quantity and unit measurement shown on the

shipping paper. (mode 1).

11815–N Union Pacific Railroad, Co.

et al., Omaha, NE.

49 CFR 174.85(d) .............. To authorize alternative positioning of certain placarded rail

cars in a train transporting various classes of hazardous

materials. (mode 2).

11816–N The Scotts Co., Marysville,

OH.

49 CFR 171–180 ................ To authorize the transportation in commerce of certain hazardous materials across a public road, from one part of a

plant to another, as essentially not subject to the hazard

communication requirements in Part 172. (mode 1).

11817–N FIBA Technologies, Inc.,

Westboro, MA.

49 CFR 172.301(c),

173.302(c)(2)(3) & (4),

173.34(e)(1)(3) & (4).

To provide for ultrasonic retesting of DOT 3AL cylinders to

be used in transporting various authorized gases. (modes

1, 2, 3, 4, 5).

11818–N National Aeronautics &

Space Administration,

Washington, DC.

49 CFR 173.34(d) .............. To authorize the transportation in commerce of certain nonDOT specification containers containing certain Division

2.1, 2.2 and 2.3 liquidified and compressed gases not

equipped with pressure relief devices to be used in connection with flight project spacecraft containing heat pipes.

(modes 1, 3, 4).

11820–N Grief Bros. Corp., Springfield, NJ.49 CFR 173.23(g),

173.8(b)(4)(1).

To authorize the transportation and reuse or reconditioning

of drums with ends thinner than 1.1mm for use in transporting various hazardous materials. (modes 1, 2, 3, 4, 5).

11821–N Wyoming Department of

Transportation, Cheyenne, WY.

49 CFR 173.202(c) ............ To authorize the use of a specifically designed steel tank,

non-bulk container for use in transporting Gasoline, Class

3. (mode 1).

11822–N Department of Energy, Germantown, MD.49 CFR 178.244(c) ............ To authorize the transportation in commerce of non-specification storage tanks partially filled with sodium metal to

off-site disposal processing facilities. (mode 2).

11824–N The Dow Chemical Co.,

Freeport, TX.

49 CFR 172.203(a),

172.302(c), 180.509(6)(e).

To authorize the use of alternative testing method for tank

car structural re-certification, extend the internal visual tank

and service equipment inspection cycle to 15 years and

provide relief from the shipping paper and marking requirements. (mode 2).

11825–N Bevill Meter Service,

Homer, LA.

49 CFR 173.304, 173.315 To authorize the transportation of a non-DOT specification

container described as a meter prover for use in transporting various hydrocarbon products. (mode 1).
Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Notices 5507

1 In order for a document to be considered a

formal filing, the Board must receive an original

plus 25 copies of the document, which must show

that it has been properly served. Documents

transmitted by facsimile (FAX), as in the past, will

not be considered formal filings and thus are not

encouraged because they will result in

unnecessarily burdensome, duplicative processing

in what we expect to become a voluminous record.

Applicants may file in bound volumes an original

plus 25 copies of related applications, petitions,

and notices of exemption; however, to facilitate

processing of these related filings, we will require

that applicants also file two unbound copies of each

of these filings.

2 It is anticipated that the Board will move to its

new offices in March 1997. The Board’s address at

the new offices will be: Surface Transportation

Board, Mercury Building, 1925 K Street, N.W.,

Washington, DC 20423.

3CSXC and CSXT are referred to collectively as

CSX. CRI and CRC are referred to collectively as

Conrail. CSX and Conrail are referred to collectively

as applicants.

4The Merger Agreement envisions that, in

connection with the merger of CRI into Acquisition,

Acquisition (the surviving corporation) will be

renamed ‘‘Conrail Inc.’’ References to CRI (i.e.,

Conrail Inc.) embrace both the ‘‘old’’ Conrail Inc.

(i.e., the corporation presently known as Conrail

Inc.) and the ‘‘new’’ Conrail Inc. (i.e., the renamed

corporation that will exist after the merger of

Conrail Inc. into Acquisition).

5The primary application, and each related

application, petition, and notice, must be

accompanied by the appropriate fee. See, in general,

49 CFR 1002.2(f), as recently amended in

Regulations Governing Fees for Services Performed

in Connection with Licensing and Related

Services—1997 Update, STB Ex Parte No. 542 (SubNo. 1) (STB served Jan. 23, 1997, 62 FR 3487 (Jan.

23, 1997), and effective February 24, 1997). The fees

applicants will have to pay may include, among

others, the fees codified at: 49 CFR 1002.2(f)(39)(i)

Continued

NEW EXEMPTIONS—Continued

Application No. Applicant Regulations(s) affected Nature of exemption thereof

11830–N North Coast Container

Corp., Cleveland, OH.

49 CFR 178.3(a)(5),

178.503(a)(10).

To authorize the transportation of 55 gallon full removable

head and non-removable head steel drums with alternative

markings. (mode 1).

This notice of receipt of applications

for new exemptions is published in

accordance with Part 107 of the

Hazardous Materials Transportations

Act (49 U.S.C. 1806; 49 CFR 1.53(e)).

Issued in Washington, DC, on January 30,

1997.

J. Suzanne Hedgepeth,

Director, Office of Hazardous Materials,

Exemptions and Approvals.

[FR Doc. 97–2785 Filed 2–4–97; 8:45 am]

BILLING CODE 4910–60–M

Surface Transportation Board

[STB Finance Docket No. 33220]

CSX Corporation and CSX

Transportation, Inc.—Control and

Merger—Conrail Inc. and Consolidated

Rail Corporation

AGENCY: Surface Transportation Board,

DOT.

ACTION: Decision No. 8; Notice of

Issuance of Procedural Schedule.

SUMMARY: The Board is issuing a

procedural schedule, following the

receipt of public comments on a

proposed procedural schedule and

replies to those comments. This

schedule provides for issuance of a final

decision no later than 365 days after

filing of the primary application.

EFFECTIVE DATE: The effective date of

this decision is February 5, 1997.

Notices of intent to participate in this

proceeding will be due 45 days after the

primary application is filed. All

descriptions of inconsistent and

responsive applications, as well as any

petitions for waiver or clarification with

respect thereto, will be due 60 days after

the primary application is filed. All

comments, protests, requests for

conditions, inconsistent and responsive

applications, and any other opposition

evidence and argument will be due 120

days after the primary application is

filed. For further information, see the

procedural schedule set forth below.

ADDRESSES: An original plus 25 copies 1

of all documents, referring to STB

Finance Docket No. 33220, must be sent

to the Office of the Secretary, Case

Control Branch, ATTN: STB Finance

Docket No. 33220, Surface

Transportation Board, 1201 Constitution

Avenue, N.W., Washington, DC 20423.2

Parties are requested also to submit all

pleadings, and any attachments, on a

3.5-inch diskette in WordPerfect 5.1

format.

In addition, one copy of all formal

filings in this proceeding must be sent

to Administrative Law Judge Jacob

Leventhal, Federal Energy Regulatory

Commission, 888 First Street, N.E.,

Suite 11F, Washington, DC 20426 [(202)

219–2538; FAX: (202) 219–3289], and to

each of the applicants’ representatives:

(1) Dennis G. Lyons, Esq., Arnold &

Porter, 555 12th Street, N.W.,

Washington, DC 20004–1202; and (2)

Paul A. Cunningham, Esq., Harkins

Cunningham, Suite 600, 1300

Nineteenth Street, N.W., Washington,

DC 20036.

FOR FURTHER INFORMATION CONTACT: Julia

M. Farr, (202) 927–5352. [TDD for the

hearing impaired: (202) 927–5721.]

SUPPLEMENTARY INFORMATION: On

October 18, 1996, CSX Corporation

(CSXC), CSX Transportation, Inc.

(CSXT), Conrail Inc. (CRI), and

Consolidated Rail Corporation (CRC) 3

filed their CSX/CR–1 notice of intent to

file an application (hereinafter referred

to as the primary application) seeking

Board authorization under 49 U.S.C.

11323–25 for: (1) The acquisition of

control of CRI by Green Acquisition

Corp. (Acquisition), an indirect wholly

owned subsidiary of CSXC; (2) the

merger of CRI into Acquisition; and (3)

the resulting common control of CSXT

and CRC by CSXC. Applicants indicated

that they expected to file their primary

application, and any related

applications, petitions, and notices, on

or before March 1, 1997.

By letter dated December 27, 1996,

CSXC and Acquisition advised the

Board that certain amendments had

been made to the Agreement and Plan

of Merger (the Merger Agreement) dated

October 14, 1996, by CSXC, Acquisition,

and CRI. The Merger Agreement, as first

entered into, envisioned: (1) the

acquisition by Acquisition of

approximately 19.9% of the common

stock of CRI (this has already occurred,

and the stock has been placed in a

voting trust); (2) the subsequent

acquisition by Acquisition of an

additional approximately 20.1% of the

common stock of CRI; and (3) after our

approval of the primary application, the

merger of CRI with and into

Acquisition. As amended, however, the

Merger Agreement now envisions that

the merger of CRI with and into

Acquisition will occur prior to our

approval of the primary application.

This change of plans necessarily means

that applicants no longer seek our

authorization for the acquisition of

control of CRI by Acquisition, or for the

merger of CRI into Acquisition.4

Applicants, however, continue to seek

Board authorization for the common

control, by CSXC, of CSXT and CRC

(hereinafter referred to as the CSXT/CRC

control transaction). Applicants

continue to indicate that they expect to

file their primary application, and any

related applications, petitions, and

notices, on or before March 1, 1997.5