30988 Federal Register / Vol. 66, No. 111 / Friday, June 8, 2001 / Notices

place on private property. See 49 U.S.C.

5102(12) (defining ‘‘transportation’’).

In this case, the affidavits submitted

with IME’s application state, without

contradiction from NJDL, that New

Jersey’s prohibitions against carrying

blasting caps on the same motor vehicle

with more than 5,000 pounds of

explosives affect and restrict the

transportation of those hazardous

materials on the public roadways. Those

affidavits and the comments in this

proceeding also support a conclusion,

without contradiction from NJDL, that

greater safety results when blasting caps

and explosives are transported on the

same vehicle in accordance with the

conditions in 49 CFR 177.835(g), than

when blasting caps and explosives must

be transported on separate vehicles or

transferred between vehicles at some

point before leaving a public road to

enter the delivery location.

To the extent that New Jersey’s

restrictions are interpreted and applied

only to on-site storage, either before

transportation begins or after

transportation ends, they are not

preempted by Federal hazardous

materials transportation law. However,

these restrictions are preempted when

they are interpreted and applied to

prohibit the transportation of detonators

on the same motor vehicle with more

than 5,000 pounds of explosives, while

on a public road or during activities on

private property that are incidental to

the movement of property and involve

a safety aspect of transportation on a

public road. In the latter situations, New

Jersey’s restrictions in N.J.S.A. 21:1A–

137F and N.J.A.C. 12:190–6.5(d) are

preempted by 49 U.S.C. 5125(a)(2) and

5125(b)(1)(B), because these

prohibitions are an obstacle to carrying

out and accomplishing the safe

transportation of hazardous materials as

permitted by 49 CFR 177.835(g) and

they are not substantively the same as

the requirements in 49 CFR 177.835(g)

on the handling of hazardous materials.

Because New Jersey’s restrictions in

N.J.S.A. 21:1A–137F and N.J.A.C.

12:190–6.5(d) are preempted by 49

U.S.C. 5125(a)(2) and 5125(b)(1)(B), it is

unnecessary to address the separate

issue, raised in RSPA’s April 7, 2000

notice, whether these restrictions are

preempted by 49 U.S.C. 5125(c)(1) as a

highway routing limitation that fails to

comply with FMCSA’s standards in 49

CFR part 397.

IV. Ruling

Federal hazardous material

transportation law preempts N.J.S.A.

21:1A–137F and N.J.A.C. 12:190–6.5(d)

when those provisions are interpreted

and applied to prohibit the

transportation of blasting caps

(including electric blasting caps) on the

same motor vehicle with more than

5,000 pounds of explosives, while on a

public road or during activities on

private property that are incidental to

the movement of property and involve

a safety aspect of transportation on a

public road.

V. Petition for Reconsideration/Judicial

Review

In accordance with 49 CFR

107.211(a), any person aggrieved by this

decision may file a petition for

reconsideration within 20 days of

publication of this decision in the

Federal Register. Any party to this

proceeding may seek review of RSPA’s

decision ‘‘in an appropriate district

court of the United States * * * not

later than 60 days after the decision

becomes final.’’ 49 U.S.C. 5125(f). New

Jersey is considered a party to this

proceeding concerning a State law and

a regulation issued by an agency of the

State, despite the fact that NJDL did not

submit comments.

This decision will become RSPA’s

final decision 20 days after publication

in the Federal Register if no petition for

reconsideration is filed within that time.

The filing of a petition for

reconsideration is not a prerequisite to

seeking judicial review of this decision

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

If a petition for reconsideration of this

decision is filed within 20 days of

publication in the Federal Register, the

action by RSPA’s Associate

Administrator for Hazardous Materials

Safety on the petition for

reconsideration will be RSPA’s final

decision. 49 CFR 107.211(d).

Issued in Washington, DC on June 4, 2001.

Robert A. McGuire,

Associate Administrator for Hazardous

Materials Safety.

Appendix A

49 CFR 177.835 Class I (explosive

materials)

* * * * *

(g) No detonator assembly or booster with

detonator may be transported on the same

motor vehicle with any Division 1.1, 1.2 or

1.3 material (except other detonator

assemblies, boosters with detonators or

detonators), detonating cord Division 1.4

material or Division 1.5 material. No

detonator may be transported on the same

motor vehicle with any Division 1.1, 1.2 or

1.3 material (except other detonators,

detonator assemblies or boosters with

detonators), detonating cord Division 1.4

material or Division 1.5 material unless—

(1) It is packed in a specification MC 201

(§ 178.318 of this subchapter) container; or

(2) The package conforms with

requirements prescribed in § 173.63 of this

subchapter, and its use is restricted to

instances when—

(i) There is no Division 1.1, 1.2, 1.3 or 1.5

material loaded on the same motor vehicle;

and

(ii) A separation of 61 cm (24 inches) is

maintained between each package of

detonators and each package of detonating

cord; or

(3) It is packed and loaded in accordance

with a method approved by the Department.

One method approved by the Department

requires that—

(i) The detonators are in packagings as

prescribed in § 173.63 of this subchapter

which in turn are loaded into suitable

containers or separate compartments; and

(ii) That both the detonators and the

container or compartment meet the

requirements of the Institute of Makers of

Explosives’ Safety Library Publication No. 22

(incorporated by reference, see § 171.7 of this

subchapter).

[FR Doc. 01–14496 Filed 6–7–01; 8:45 am]

BILLING CODE 4910–60–U

DEPARTMENT OF THE TREASURY

Submission for OMB Review;

Comment Request

June 1, 2001.

The Department of the Treasury has

submitted the following public

information collection requirement(s) to

OMB for review and clearance under the

Paperwork Reduction Act of 1995,

Public Law 104–13. Copies of the

submission(s) may be obtained by

calling the Treasury Bureau Clearance

Officer listed. Comments regarding this

information collection should be

addressed to the OMB reviewer listed

and to the Treasury Department

Clearance Officer, Department of the

Treasury, Room 2110, 1425 New York

Avenue, NW., Washington, DC 20220.

DATES: Written comments should be

received on or before July 9, 2001 to be

assured of consideration.

Internal Revenue Service (IRS)

OMB Number: 1545–1374.

Form Number: IRS Form 8834.

Type of Review: Extension.

Title: Qualified Electric Vehicle

Credit.

Description: Form 8834 is used to

compute an allowable credit for

qualified electric vehicles placed in

service after June 30, 1993. Section

1913(b) under Pub. L. 102–1018 created

new section 30.

Respondents: Individuals or

households, Business or other for-profit.

Estimated Number of Respondents/

Recordkeepers: 500.

Estimated Burden Hours Per

Respondent/Recordkeeper:

Recordkeeping—7 hrs., 10 min.

Federal Register / Vol. 66, No. 111 / Friday, June 8, 2001 / Notices 30989

Learning about the law or the

form—30 min.

Preparing, copying, assembling, and

sending the form to the IRS—38 min.

Frequency of Response: Annually.

Estimated Total Reporting/

Recordkeeping Burden: 4,155 hours.

Clearance Officer: Garrick Shear,

Internal Revenue Service, Room 5244,

1111 Constitution Avenue, NW.,

Washington, DC 20224.

OMB Reviewer: Alexander T. Hunt,

(202) 395–7860, Office of Management

and Budget, Room 10202, New

Executive Office Building, Washington,

DC 20503.

Mary A. Able,

Departmental Reports, Management Officer.

[FR Doc. 01–14411 Filed 6–7–01; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

[Docket No. 919; ATF O 1130.17]

Delegation Order—Delegation of the

Director’s Authorities in 27 CFR Part

30, Gauging Manual

To: All Bureau Supervisors

1. PURPOSE. This order delegates

certain authorities of the Director to

subordinate ATF officers.

2. CANCELLATION. ATF O

1100.126B, Delegation Order—

Delegation of Authorities of the Director

in 27 CFR part 30, Gauging Manual,

dated 11/03/87, is hereby canceled.

3. BACKGROUND. Under current

regulations, the Director has authority to

take final action on matters relating to

the gauging manual. We have

determined that certain of these should,

in the interest of efficiency, be delegated

to a lower organizational level.

4. DELEGATIONS. Under the

authority vested in the Director, Bureau

of Alcohol, Tobacco and Firearms, by

Treasury Department Order No. 120–1

(formerly 221), dated June 6, 1972, and

by 26 CFR 301.7701–9, this ATF order

delegates certain authorities to take final

action prescribed in 27 CFR part 30 to

subordinate officers. The attached table

identifies the regulatory sections,

documents and authorized ATF officers.

The authorities in the table may not be

redelegated. An ATF organization chart

showing the directorates involved in

this delegation order has been attached.

5. QUESTIONS. Any questions

concerning this order should be directed

to the Regulations Division at 202–927–

8210.

Bradley A. Buckles,

Director.

TABLE OF AUTHORITIES, DOCUMENTS

TO BE FILED, AND AUTHORIZED OFFICIALS

Regulatory

section

Officer(s) authorized to act

or receive document.

§ 30.11—Bulk

conveyance.

Chief, National Revenue

Center (NRC), to approve

containers for bulk quantities upon recommendation of Area Supervisor or

Chief, Puerto Rico Operations.

§ 30.21(c) ....... Inspector, Specialist, or Special Agent, to use instruments and to verify accuracy of hydrometers and

thermometers used by

proprietor.

§ 30.21(c) ....... Chief, Alcohol and Tobacco

Laboratory, to approve

other methods for determination of specific gravity

and for gauging.

§ 30.24(a) ....... Inspector, Specialist or Special Agent

§ 30.24(b) ....... Inspector, Specialist or Special Agent

§ 30.31(b) ....... Chief, Alcohol and Tobacco

Laboratory

§ 30.36 ........... Chief, Regulations Division

§ 30.43 ........... Chief, Regulations Division

§ 30.51 ........... Chief, Regulations Division

BILLING CODE 4810–31–P