61370 Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Notices

prepare an EIS in response to the need

for upgrading sections of two urban

arterials (Russell Street and South 3rd

Street) all within the limits of the City

of Missoula, Missoula County, Montana.

The Russell Street section begins at the

intersection of Mount Avenue, and

extends approximately 2.44 km (1.52

mi) northerly to the intersection of West

Broadway Street. The South 3rd Street

section begins at its intersection with

Reserve Street and continues easterly for

a distance of approximately 1.60 km (1.0

mi) until it intersects with Russell

Street.

The project is needed to meet current

and future demand of motorized

vehicles, bicycles, pedestrians, and to

improve safety. Alternatives are

expected to include taking no action;

widening of Russell Street; and

widening of South 3rd Street. Other

alternatives may become evident as a

result of public and agency input during

the scoping process. All build

alternatives will include improvements

to non-motorized facilities and will

consider a range of transportation

system management (TSM) and

transportation demand management

(TDM) measures. Possible

configurations of the Russell Street

bridge across the Clark Fork River, will

also be considered in the study.

The EIS will examine the short and

long-term impacts on the natural and

built environment. The impact

assessment will include (but not be

limited to): Impacts on the social

environment; changes in land use;

aesthetics; changes in traffic; economic

consequences; air, noise and water

quality, wildlife, and fisheries. In

addition, environmental justice aspects

will be addressed as part of the impact

assessment. The EIS will also examine

measures to mitigate significant adverse

impacts resulting from the proposed

action.

Comments are being solicited from

Federal, State, and local agencies, Tribes

and from private organizations and

citizens who have interest in this

proposal. Public information meetings,

feedback sessions, and other outreach

efforts will be conducted to discuss the

potential alignments.

The draft EIS will be available for

public and agency review, and a public

hearing will be held to receive

comments. Public notice will be given

of the time and place of all meetings and

hearings. Comments and/or suggestions

from all interested parties are requested,

to ensure that the full range of all issues,

and significant social and

environmental issues in particular, are

identified and reviewed. Comments or

questions concerning this proposed

action and/or its EIS should be directed

to the FHWA, MDT or the City of

Missoula at the addresses listed

previously.

Authority: 23 U.S.C. 315; 49 CFR 1.48.

Issued on: October 11, 2000.

Dale W. Paulson,

Program Development Engineer, Federal

Highway Administration.

[FR Doc. 00–26563 Filed 10–16–00; 8:45 am]

BILLING CODE 4910–22–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

[Docket No. RSPA–00–7906 (PDA–27(R))]

Application by ATOFINA Chemicals,

Inc. for a Preemption Determination as

to Louisiana Requirements for

Hazardous Materials Incident

Notification

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Public notice and invitation to

comment.

SUMMARY: Interested parties are invited

to submit comments on an application

by ATOFINA Chemicals, Inc.

(ATOFINA) for an administrative

determination whether Federal

hazardous material transportation law

preempts certain Louisiana

requirements concerning hazardous

materials incident notification and

reporting.

DATES: Comments received on or before

December 1, 2000, and rebuttal

comments received on or before January

16, 2001, will be considered before an

administrative ruling is issued by

RSPA’s Associate Administrator for

Hazardous Materials Safety. Rebuttal

comments may discuss only those

issues raised in comments received

during the initial comment period and

may not discuss new issues.

ADDRESSES: The application and all

comments received may be reviewed in

the Dockets Office, U.S. Department of

Transportation, Room PL–401, 400

Seventh Street, SW., Washington, DC

20590–0001. The application and all

comments are also available on-line

through the home page of DOT’s Docket

Management System, at ‘‘http://

dms.dot.gov.’’

Comments must refer to Docket No.

RSPA–00–7906 and may be submitted

to the Dockets Office either in writing or

electronically. Send three copies of each

written comment to the Dockets Office

at the above address. If you wish to

receive confirmation of receipt of your

comments, include a self-addressed,

stamped postcard. To submit comments

electronically, log onto the Docket

Management System website at ‘‘http://

dms.dot.gov’’ and click on ‘‘Help &

Information’’ to obtain instructions.

A copy of each comment must also be

sent to (1) Ms. Karen P. Flynn, Associate

General Counsel, ATOFINA Chemicals,

Inc., 2000 Market Street, Philadelphia,

PA 19103–3222, and (2) Mr. Paul

Schexnayder (Attorney 3), State of

Louisiana, Department of Public Safety

and Corrections, Office of Legal Affairs,

P.O. Box 66614, Baton Rouge, LA

70896–6614. A certification that a copy

has been sent to these persons must also

be included with the comment. (The

following format is suggested: ‘‘I certify

that copies of this comment have been

sent to Ms. Flynn and Mr. Schexnayder

at the addresses specified in the Federal

Register.’’)

A list and subject matter index of

hazardous materials preemption cases,

including all inconsistency rulings and

preemption determinations issued, are

available through the home page of

RSPA’s Office of the Chief Counsel, at

‘‘http://rspa-atty.dot.gov.’’ You may

obtain a paper copy of this list and

index by contacting Donna O’Berry by

mail or telephone as provided below

under the heading ‘‘For Further

Information Contact.’’

FOR FURTHER INFORMATION CONTACT:

Donna L. O’Berry, Office of the Chief

Counsel, Research and Special Programs

Administration, 400 Seventh Street,

SW., Washington, DC 20590–0001 (Tel.

No. 202–366–4400).

SUPPLEMENTARY INFORMATION:

I. Application for a Preemption

Determination

ATOFINA has applied for a

determination that Federal hazardous

material transportation law, 49 U.S.C.

5101 et seq., preempts the requirements

in Title 32 section 1510 of Louisiana

Revised Statutes (32:1510) applicable to

the oral and written reporting of

incidents, accidents and cleanups. The

text of ATOFINA’s application is set

forth in Appendix A to this Notice. A

paper copy of ATOFINA’s application

(which has been placed in the public

docket) will be provided at no cost upon

request to Ms. O’Berry, at the address

and telephone number set forth in ‘‘For

Further Information Contact’’ above.

In the application for preemption,

ATOFINA’s challenges section 32:1510,

which provides, in part, that:

A. Each person involved in an incident,

accident, or the cleanup of an incident or

accident during the transportation, loading,

unloading, or related storage in any place of

Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Notices 61371

a hazardous material subject to this Chapter

shall report immediately by telephone to the

department if that incident, accident, or

cleanup of an incident or accident involves:

(1) A fatality due to fire, explosion, or

exposure to any hazardous material.

(2) The hospitalization of any person due

to fire, explosion, or exposure to any

hazardous material.

(3) A continuing danger to life, health, or

property at the place of the incident or

accident.

(4) An estimated property damage of more

than ten thousand dollars.

B. A written report shall be submitted to

the department on an approved form. Each

report submitted shall contain the time and

date of the incident or accident, a description

of any injuries to persons or property, any

continuing danger to life at the place of the

accident or incident, the identity and

classification of the material, and any other

pertinent details.

C. In the case of an incident or accident

involving hazardous materials which is not

subject to this Chapter but which is subject

to Title 49 and Title 46 of the Code of Federal

Regulations, the carrier shall send a copy of

the report filed with the United States

Department of Transportation to the

department.

ATOFINA argues that the reporting

requirements in section 32:1510 are

preempted because they concern ‘‘the

written notification, recording, and

reporting of the unintentional release in

transportation of hazardous material’’

and are not substantively the same as

the requirements in 49 CFR 171.15 and

171.16. Section 171.15 contains the

Federal requirements for immediate

notification of certain hazardous

materials incidents, and § 171.16

contains the Federal requirements for

submitting detailed hazardous materials

incident reports to DOT. ATOFINA

states that §§ 171.15 and 171.16 require

the carrier to provide immediate

notification of certain hazardous

materials incidents, whereas Louisiana’s

statute is much broader and requires

that each person involved in certain

hazardous material incidents or

accidents immediately notify the state.

ATOFINA asserts that there can be

many persons involved in an incident,

such as a carrier or the owner of the

goods, and that this ‘‘duplicate

reporting’’ could be confusing to the

people responding to the incident.

Finally, ATOFINA contends that it is

impractical to apply section 32:1510 to

manufacturers and that it will be

difficult for manufacturers to comply

with the requirement. ATOFINA

contends that manufacturers and

carriers do make arrangements to ensure

that the carrier has the responsibility for

making the immediate notification

required under Federal regulations.

ATOFINA indicates that it has

received a Notice of Violation of section

32:1510 from the Louisiana State Police.

ATOFINA states that it believed the

carrier would make the notification

since the carrier was directly involved

with the incident. ATOFINA argues that

to the extent Louisiana believes that

immediate notification is necessary for

emergency response purposes, the

State’s concern is satisfied by imposing

the immediate notification requirement

on the carrier and not on each person

involved in the incident. ATOFINA

asserts that it is impractical and a

burden on interstate commerce to

require a large national company to

comply with a multitude of different

reporting requirements in different

jurisdictions, particularly those which

impose the same duty on multiple

parties.

II. Federal Preemption

Section 5125 of Title 49 U.S.C.

contains the preemption provisions that

are relevant to ATOFINA’s application.

Subsection (a) provides that—in the

absence of a waiver of preemption by

DOT under section 5125(e) or specific

authority in another Federal law—a

requirement of a State, political

subdivision of a State, or Indian tribe is

preempted if:

(1) Complying with a requirement of the

State, political subdivision or tribe and a

requirement of this chapter or a regulation

issued under this chapter is not possible; or

(2) The requirement of the State, political

subdivision, or Indian tribe, as applied or

enforced, is an obstacle to the accomplishing

and carrying out this chapter or a regulation

prescribed under this chapter.

These two paragraphs reflect the

‘‘dual compliance’’ and ‘‘obstacle’’

criteria which RSPA had applied in

issuing inconsistency rulings before

1990, under the original preemption

provisions in the Hazardous Materials

Transportation Act (HMTA). Pub. L. 93–

633 112(a), 88 Stat. 2161 (1975). The

dual compliance and obstacle criteria

are based on U.S. Supreme Court

decisions on preemption. Hines v.

Davidowitz, 312 U.S. 52 (1941); Florida

Lime & Avocado Growers, Inc. v. Paul,

373 U.S. 132 (1963); Ray v. Atlantic

Richfield, Inc., 435 U.S. 151 (1978).

Subsection (b)(1) of 49 U.S.C. 5125

provides that a non-Federal requirement

concerning any of the following

subjects, that is not ‘‘substantively the

same as’’ a provision of Federal

hazardous materials transportation law

or a regulation prescribed under that

law, is preempted unless it is authorized

by another Federal law or DOT grants a

waiver of preemption:

(A) The designation, description, and

classification of hazardous material.

(B) The packing, repacking, handling,

labeling, marking, and placarding of

hazardous material.

(C) The preparation, execution, and use of

shipping documents related to hazardous

material and requirements related to the

number, contents, and placement of those

documents.

(D) The written notification, recording, and

reporting of the unintentional release in

transportation of hazardous material.

(E) The design, manufacturing, fabricating,

marking, maintenance, reconditioning,

repairing, or testing of a packaging or a

container represented, marked, certified, or

sold as qualified for use in transporting

hazardous material.

To be ‘‘substantively the same’’ the

non-Federal requirement must conform

‘‘in every significant respect to the

Federal requirement. Editorial and other

similar de minimis changes are

permitted.’’ 49 CFR 107.202(d).

These preemption provisions in 49

U.S.C. 5125 carry out Congress’ view

that a single body of uniform Federal

regulations promotes safety in the

transportation of hazardous materials. In

considering the HMTA, the Senate

Commerce Committee ‘‘endorse[d] the

principle of preemption in order to

preclude a multiplicity of State and

local regulations and the potential for

varying as well as conflicting

regulations in the area of hazardous

materials transportation.’’ S. Rep. No.

1102, 93rd Cong. 2nd Sess. 37 (1974).

When it amended the HMTA in 1990,

Congress specifically found that:

(3) Many States and localities have enacted

laws and regulations which vary from

Federal laws and regulations pertaining to

the transportation of hazardous materials,

thereby creating the potential for

unreasonable hazards in other jurisdictions

and confounding shippers and carriers which

attempt to comply with multiple and

conflicting registration, permitting, routing,

notification, and other regulatory

requirements,

(4) Because of the potential risks to life,

property, and the environment posed by

unintentional releases of hazardous

materials, consistency in laws and

regulations governing the transportation of

hazardous materials is necessary and

desirable,

(5) In order to achieve greater uniformity

and to promote the public health, welfare,

and safety at all levels, Federal standards for

regulating the transportation of hazardous

materials in intrastate, interstate, and foreign

commerce are necessary and desirable.

Pub. L. 101–615 Section 2, 104 Stat.

3244. A Federal Court of Appeals has

found that uniformity was the

‘‘linchpin’’ in the design of the HMTA,

including the 1990 amendments which

expanded the preemption provisions.

Colorado Pub. Util. Comm’n v. Harmon,

951 F.2d 1571, 1575 (10th Cir. 1991). (In

1994, Congress revised, codified and

61372 Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Notices

enacted the HMTA ‘‘without substantive

change,’’ at 49 U.S.C. Chapter 51. Pub.

L. 103–272, 108 Stat. 745.)

III. Preemption Determinations

Under 49 U.S.C. 5125(d)(1), any

directly affected person may apply to

the Secretary of Transportation for a

determination whether a State, political

subdivision or Indian tribe requirement

is preempted. The Secretary of

Transportation has delegated authority

to RSPA to make determinations of

preemption, except for those that

concern highway routing, which have

been delegated to the Federal Motor

Carrier Safety Administration. 49 CFR

1.53(b).

Section 5125(d)(1) requires that notice

of an application for a preemption

determination must be published in the

Federal Register. Following the receipt

and consideration of written comments,

RSPA will publish its determination in

the Federal Register. See 49 CFR

107.209(d). A short period of time is

allowed for filing petitions for

reconsideration. 49 CFR 107.211. Any

party to the proceeding may seek

judicial review in a Federal district

court. 49 U.S.C. 5125(f).

Preemption determinations do not

address issues of preemption arising

under the Commerce Clause, the Fifth

Amendment or other provisions of the

Constitution or under statutes other

than the Federal hazardous materials

transportation law unless it is necessary

to do so in order to determine whether

a requirement is authorized by another

Federal law. A State, local or Indian

tribe requirement is not authorized by

another Federal law merely because it is

not preempted by another Federal

statue. Colorado Pub. Util. Comm’n v.

Harmon, above, 951 F2d at 1581 n.10.

In making preemption determinations

under 49 U.S.C. 5125(d), RSPA is

guided by the principles and policy set

forth in Executive Order No. 13132,

entitled ‘‘Federalism’’ (64 FR 43255,

August 4, 1999). Section 4(a) of that

Executive Order authorizes preemption

of State laws only when a statute

contains an express preemption

provision, there is other clear evidence

of Congress intent to preempt State law,

or the exercise of State authority

directly conflicts with the exercise of

Federal authority. Section 5125 contains

express preemption provisions, which

RSPA has implemented through its

regulations.

IV. Public Comment

All comments should be limited to

the issue of whether 49 U.S.C. 5125

preempts the Louisiana requirements

applicable to the oral and written

reporting of certain hazardous materials

incidents. Comments should

specifically address the preemption

criteria detailed in Part II, above, and set

forth in detail the manner in which the

Louisiana requirements are applied and

enforced.

Persons intending to comment should

review the standards and procedures

governing consideration of applications

for preemption determinations, set forth

at 49 CFR 107.201–107.211.

Issued in Washington, DC, on September

29, 2000.

Robert A. McGuire,

Associate Administrator for Hazardous

Materials Safety, Research and Special

Programs Administration.

Appendix A

August 30, 2000

Associate Administrator for Hazardous

Materials Safety, Research and Special

Programs Administration, U.S. Department

of Transportation, Washington, DC 20590–

0001, Attn: Hazardous Materials Preemption

Docket

Dear Sir or Madam: Enclosed is ATOFINA

Chemicals, Inc.’s Application for

Determination of Preemption. If you need

additional information, please feel free to

contact me.

Sincerely,

Karen P. Flynn,

Associate General Counsel.

cc: William Oister (w/ encl.)

Andrea E. Utecht, Esq., (w/o encl.)

Application for Determination of Preemption

Pursuant to 49 CFR 107.203, ATOFINA

Chemicals, Inc. (formerly known as Elf

Atochem North America, Inc.) is making an

application for a determination that 49 CFR

171.15 and 171.16 preempt La. R. S.

§ 32:1510.

I. Applicable State Statute

La. R. S. § 32:1510 states as follows:

Reporting of Incidents, Accidents, and

Cleanups

A. Each person involved in an incident,

accident, or the cleanup of an incident or

accident during the transportation, loading,

unloading, or related storage in any place of

a hazardous material subject to this Chapter

shall report immediately by telephone to the

department if that incident, accident, or

cleanup of an incident or accident involves:

1. A fatality due to fire, explosion, or

exposure to any hazardous material;

2. The hospitalization of any person due to

fire, explosion, or exposure to any hazardous

material;

3. A continuing danger to life, health, or

property at the place of the incident or

accident;

4. An estimated property damage of more

than ten thousand dollars.

B. A written report shall be submitted to

the department on an approved form. Each

report submitted shall contain the time and

date of the incident or accident, a description

of any injuries to persons or property, any

continuing danger to life at the place of the

accident or incident, the identity and

classification of the material, and any other

pertinent details.

C. In the case of an incident or accident

involving hazardous materials which is not

subject to this Chapter but which is subject

to Title 49 and Title 46 of the Code of Federal

Regulations, the carrier shall send a copy of

the report filed with the United States

Department of Transportation to the

department.

D. The secretary shall adopt and

promulgate rules and regulations in

accordance with the Administrative

Procedures Act to coordinate the

implementation of a Transportation

emergency response system.

E. 1. Notwithstanding any other provision

of law to the contrary, the provisions of this

Section shall not apply to any incidents,

accidents, or cleanup of incidents or

accidents that occur within a facility that is

subject to the release reporting requirements

of R.S. 30:2373(B) and is engaged in activities

defined or classified under one or more of the

following subsectors, industry groups, or

industries of the 1997 North American

Industry Classification System (NAICS):

a. 211 (oil and gas extraction).

b. 22111 (electric power generation).

c. 3221 (pulp, paper and paperboard mills).

d. 324 (petroleum and coal products

manufacturing).

e. 325 (chemical manufacturing).

f. 326 (plastics and rubber products

manufacturing).

g. 331 (primary metal manufacturing).

h. 4953 (refuse systems).

i. 4212 (local trucking without storage).

j. 4789 (trucking without storage).

2. Notwithstanding the provisions of

Paragraph 1 of this Subsection, this Section

shall apply to any carrier involved in any

incident, accident, or clean up of an incident

or accident which occurs outside the

perimeter of any facility exempted from this

Section pursuant to Paragraph 1 of this

Subsection.

3. The secretary may develop rules and

regulations to implement and clarify the

reporting requirements of this Subsection

and to address any changes in federal law,

rules, or regulations.

II. Applicable Federal Regulations

Section 171.15 of Title 49 of the Code of

Federal Regulations provides as follows:

§ 171.15 IMMEDIATE NOTICE OF THE CERTAIN

HAZARDOUS MATERIALS INCIDENTS.

(a) At the earliest practicable moment, each

carrier who transports hazardous materials

(including hazardous wastes) shall give

notice in accordance with paragraph

(b) of this section after each incident that

occurs during the course of transportation

(including loading, unloading and temporary

storage) in which—

(1) As a direct result of hazardous

materials—

(i) A person is killed; or

(ii) A person received injuries requiring his

or her hospitalization; or

(iii) Estimated carrier or other property

damage exceeds $50,000; or

Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Notices 61373

(iv) An evacuation of the general public

occurs lasting one or more hours; or

(v) One or more major transportation

arteries or facilities are closed or shut down

for one hour or more; or

(vi) The operational flight pattern or

routine of an aircraft is altered; or

(2) Fire, breakage, spillage, or suspected

radioactive contamination occurs involving

shipment of radioactive material (see also

§§ 174.45, 176.48, and 177.807 of this

subchapter); or

(3) Fire, breakage, spillage, or suspected

contamination occurs involving shipment of

infectious substances (etiologic agents); or

(4) There has been a release of a marine

pollutant in a quantity exceeding 450 L (119

gallons) for liquids or 400 kg (882 pounds)

for solids; or

(5) A situation exists of such a nature (e.g.,

a continuing danger to life exists at the scene

of the incident) that, in the judgment of the

carrier, it should be reported to the

Department even though it does not meet the

criteria of paragraph (a) (1), (2) or (3) of this

section.

(b) Except for transportation by aircraft,

each notice required by paragraph (a) of this

section shall be given to the Department by

telephone (toll-free) on 800–424–8802.

Notice involving shipments transported by

aircraft must be given to the nearest FAA

Civil Aviation Security Office by telephone at

the earliest practical moment after each

incident in place of the notice to the

Department. Notice involving etiologic agents

may be given to the Director, Centers for

Disease Control, U. S. Public Health Service,

Atlanta, GA (800) 232–0124, in place of the

notice to the Department or (toll call) on 202–

267–2675. Each notice must include the

following information:

(1) Name of reporter;

(2) Name and address of carrier

represented by reporter;

(3) Phone number where reporter can be

contacted;

(4) Date, time, and location of incident;

(5) The extent of injuries, if any;

(6) Classification, name, and quantity of

hazardous materials involved, if such

information is available;

(7) Type of incident and nature of

hazardous material involvement and whether

a continuing danger to life exists at the scene.

(c) Each carrier making a report under this

section shall also make the report required by

§ 171.16.

Section 171.16 of Title 49 of the Code of

Federal Regulations provides as follows:

§ 171.16 DETAILED HAZARDOUS MATERIALS

INCIDENT REPORTS.

(a) Each carrier who transports hazardous

materials shall report in writing, in duplicate,

on DOT Form F 5800.1 (Rev. 6/89) to the

Department within 30 days of the date of

discovery, each incident that occurs during

the course of transportation (including

loading, unloading, and temporary storage) in

which any of the circumstances set forth in

171.15(a) occurs or there has been an

unintentional release of hazardous materials

from a package (including a tank) or any

quantity of hazardous waste has been

discharged during transportation. If a report

pertains to a hazardous waste discharge:

(1) A copy of the hazardous waste manifest

for the waste must be attached to the report;

and

(2) An estimate of the quantity of the waste

removed from the scene, the name and

address of the facility to which it was taken,

and the manner of disposition of any

removed waste must be entered in Section IX

of the report form (Form F 5800.1) (Rev. 6/

89).

(b) Each carrier making a report under this

section shall send the report to the

Information Systems Manager, DHM–63,

Research and Special Programs

Administration, Department of

Transportation, Washington, DC 20590–0001;

and, for incidents involving transportation by

aircraft, a copy of the report shall also be sent

to the FAA Civil Aviation Security Office

nearest the location of the incident. A copy

of the report shall be retained for a period of

two years, at the carrier’s principal place of

business, or at other places as authorized and

approved in writing by an agency of the

Department of Transportation.

(c) Except as provided in paragraph (d) of

this section, the requirements of paragraph

(a) of this section do not apply to incidents

involving the unintentional release of a

hazardous material—

(1) Transported under one of the following

proper shipping names:

i. Consumer commodity;

ii. Battery, electric storage, wet, filled with

acid or alkali;

iii. Paint and paint related material when

shipped in packaging of five gallons or less.

(2) Prepared and transported as a limited

quantity shipment in accordance with this

subchapter .

(d) The exceptions to incident reporting

provided in paragraph (c) of this section do

not apply to:

(1) Incidents required to be reported under

§ 171.15(a);

(2) Incidents involving transportation

aboard aircraft;

(3) Except for consumer commodities,

materials in Packing Group I; or

(4) Incidents involving the transportation

of hazardous waste.

III. Basis for Preemption

Subsection (b)(1) of 49 U.S.C. 5125

provides that a non-federal requirement

concerning ‘‘(D) the written notification,

recording, and reporting of the unintentional

release in transportation of hazardous

material’’ is preempted if ‘‘it is not

substantively the same as’’ a provision of

federal transportation law or a regulation

prescribed under that law. La. R. S. § 32:1510

is a non-federal requirement relating to the

written notification and reporting of an

unintentional release in transportation of

hazardous materials that is not

‘‘substantively the same as’’ the federal

regulations.

The federal regulations in 49 CFR 171.15

and 171.16 clearly require ‘‘the carrier’’ to

fulfill the immediate reporting requirements

for hazardous material accidents. The

Louisiana statute is much broader and

requires that ‘‘each person involved in an

incident’’ make an immediate report to the

state police. There can be many persons

involved in an incident, such as the carrier,

the owner of the goods, or agents of each of

them. Thus, the Louisiana statute requires

duplicate reporting which could be confusing

to those who may have to respond to the

incident. From the standpoint of the

manufacturer of the goods, it is an

impractical regulation and will be difficult to

achieve compliance. Arrangements are made

between the manufacturer and the carrier to

make sure that the carrier has the

responsibility to make the immediate

notification required under the federal

regulations. The Louisiana requirement is

much broader than the applicable federal

requirement. Thus, La. R.S. § 32:1510 does

not ‘‘conform in every significant respect to

the Federal requirement,’’ 49 CFR 107.202(d).

As such, it is not substantively the same and

should be preempted.

ATOFINA Chemicals, Inc. requests this

preemption determination because it

received a Notice of Violation from the

Louisiana State Police identifying a violation

of La. R. S. § 32:1510. For the incident in

question, ATOFINA believed that the carrier

would make any necessary notification since

it was directly present on the scene. Thus, to

the extent that Louisiana believes that

immediate notification is necessary for

emergency response purposes, that concern

is satisfied by imposing the immediate

notification obligation on the carrier rather

than on each person involved in the incident,

some of whom may not be present at the

scene and who would be making a

notification based on second hand

information received from those at the scene.

It would be impractical and a burden on

interstate commerce to require a large

national company to comply with a

multitude of different reporting requirements

in the different state jurisdictions,

particularly those like Louisiana’s which

impose the same duty on multiple parties.

Procedures would become so cumbersome

that ultimately they would not be useful at

all. Therefore, ATOFINA Chemicals, Inc.

requests that a determination be made that

La. R. S. § 32:1510 is preempted by 49 CFR

171.15 and 171.16.

[FR Doc. 00–25589 Filed 10–16–00; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 33931]

Massachusetts Central Railroad

Corporation—Acquisition and

Operation Exemption—New York

Central Lines LLC and CSX

Transportation, Inc.

Massachusetts Central Railroad

Corporation (MCER), a Class III railroad,

has filed a notice of exemption under 49

CFR 1150.41 to acquire from New York

Central Lines LLC and CSX

Transportation, Inc. (collectively CSX)

and operate approximately 1.4 miles ±