[Federal Register Volume 66, Number 104 (Wednesday, May 30, 2001)]
[Notices]
[Pages 29376-29377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13554]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

[Docket No. RSPA-00-8026 (PDA-26(R))]


Application by Boston & Maine Corp. for a Preemption 
Determination as to Massachusetts' Definitions of Hazardous Materials

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice extending rebuttal period for public comment.

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SUMMARY: RSPA is extending the period for interested parties to submit 
rebuttal comments on an application by Boston & Maine Corporation for 
an administrative determination whether Federal hazardous materials 
transportation law preempts the Commonwealth of Massachusetts' 
definitions of ``hazardous materials'' as applied to hazardous 
materials transportation.

DATES: Rebuttal comments received on or before June 12, 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 by 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-00-8026 and may be submitted 
to the docket 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 written 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) Robert B. 
Culliford, Esq., Corporate Counsel, Boston & Maine Corporation, Iron 
Horse Park, North Billerica, MA 01862, and (2) Ginny Sinkel, Esq., 
Assistant Attorney General, Commonwealth of Massachusetts, Office of 
the Attorney General, One Ashburton Place, Boston, Massachusetts 02108-
1698. 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 Mr. Culliford 
and Ms. Sinkel 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.'' A paper 
copy of this list and index will be provided at no cost upon request to 
Ms. Christian, at the address and telephone number set forth in ``For 
Further Information Contact'' below.

FOR FURTHER INFORMATION CONTACT: Karin V. Christian, Office of the 
Chief Counsel, Research and Special Programs Administration (Tel. No. 
202-366-4400), Room 8407, U.S. Department of Transportation, 
Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: On November 16, 2000, RSPA published a 
notice in the Federal Register inviting interested parties to submit 
comments on an application by Boston & Maine Corporation for an 
administrative determination of whether Federal hazardous materials 
transportation law preempts the Commonwealth of Massachusetts' 
definitions of ``hazardous materials'' as applied to hazardous 
materials transportation. See 65 FR 69365.
    RSPA extended the period for commenting on the preemption 
determination application twice after receiving two requests from the 
Commonwealth of Massachusetts. Thus, RSPA extended the comment period 
to April 13, 2001, and the rebuttal comment period to May 29, 2001.

[[Page 29377]]

    On May 21, 2001, Boston & Maine Corporation sent a letter to RSPA 
requesting a two-week extension to June 12, 2001, to file rebuttal 
comments. In its letter, Boston & Maine Corporation states that the 
Commonwealth of Massachusetts has assented to the request for an 
extension of time. Accordingly, RSPA is extending the rebuttal comment 
period to June 12, 2001.
    Rebuttal comments should address whether and how Massachusetts' 
definitions of ``hazardous material'' are applied and enforced by the 
State with respect to transportation that is subject to the HMR.

    Issued in Washington, DC on May 24, 2001.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 01-13554 Filed 5-29-01; 8:45 am]
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