Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70917 

NEW SPECIAL PERMITS—Continued 

Application 

No. 

Docket 

No. Applicant Regulation(s) affected Nature of special permits thereof 

14277–N ........ ........................ Ascus Technologies, Ltd.49 CFR 172.102(c)(3) 

Special provision B32 

and 173.242.

To authorize the manufacture, marking, sale and use of nonDOT specification multi-wall carbon/epoxy composite 

cargo tank motor vehicle. (mode 1) 

14279–N ........ PHMSA–

23028 

Airgas, Inc. Cheyenne, WY.49 CFR 173.40; 

173.304.

To authorize the transportation in commerce of hydrogen 

sulfide in DOT specification cylinders with a service pressure of 480 psig. (modes 1, 3) 

14280–N ........ PHMSA–

23029 

Albemarle Corporation.49 CFR 173.226(a) ....... To authorize the one-time transportation in commerce of bromine in DOT-specification 4BW cylinders by motor vehicle. 

(mode 1) 

14281–N ........ PHMSA–

23027 

Inflation Systems, 

Inc. Moses Lake, 

WA.

49 CFR173.56(b), 

173.61(a).

To authorize the transportation in commerce of certain scrap 

airbag inflators, seat belt pretensioners and/or airbag modules classified as Division 1.3C explosive articles. 

[FR Doc. 05–23169 Filed 11–22–05; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Applications for Modification 

of Exemption 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration, DOT. 

ACTION: List of Applications for 

Modification of Exemption. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, exemptions 

from the Department of Transportation’s 

Hazardous Material Regulations (49 CFR 

part 107, subpart B), notice is hereby 

given that the Office of Hazardous 

Materials Safety has received the 

application described herein. This 

notice is abbreviated to expedite 

docketing and public notice. Because 

the sections affected, modes of 

transportation, and the nature of 

application have been shown in earlier 

Federal Register publications, they are 

not repeated here. Request of 

modifications of exemptions (e.g. to 

provide for additional hazardous 

materials, packaging design changes, 

additional mode of transportation, etc.) 

are described in footnotes to the 

application number. Application 

numbers with the suffix ‘‘M’’ denote a 

modification request. There applications 

have been separated from the new 

application for exemption to facilitate 

processing. 

DATES: Comments must be received on 

or before December 8, 2005. 

ADDRESSES: Record Center, Pipeline and 

Hazardous Materials Safety 

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 number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

Nassif Building, 400 7th Street, SW., 

Washington, DC or at http:// 

dms.dot.gov. 

This notice of receipt of applications 

for modification of exemption is 

published in accordance with part 107 

of the Federal hazardous materials 

transportation law (49 U.S.C. 5117(b); 

49 CFR 1.53(b)). 

Issued in Washington, DC, on November 

17, 2005. 

R. Ryan Posten, 

Chief, Special Permits Program, Office of 

Hazardous Materials Special Permits & 

Approvals. 

MODIFICATION EXEMPTIONS

Application 

No. Docket No. Applicant Regulation(s) affected 

Modification of 

exemption Nature of exemption thereof 

5206–M ......... .............................. Nelson Brothers, 

LLC Birmingham, 

AL.

49 CFR 173.3(a); 

173.3(b); 

173.24(c); 173.60.

5206 To modify the special permit to authorize 

the transportation of an additional Division 1.5D material in privately operated 

bulk hopper-type motor vehicles. 

7887–M ......... .............................. Estes-Cox Corporation, d/b/a Estes 

Industries 

Penrose, CO.

49 CFR 172.101; 

175.3.

7887 To modify the special permit to allow igniters, Division 1.4S, to be shipped in the 

same inner and outer packaging as 

model rocket motors and with nonhazardous materials needed to construct 

model rockets. 

10407–M ....... .............................. Thermo Measure 

Tech Sugar Land, 

TX.

49 CFR 

173.302a(a); 

175.3.

10407 To modify the special permit to authorize 

the use of an alternative radiation detector or ionization chamber for the transportation of Division 2.2 materials. 

10878–M ....... .............................. Tankcon FRP, Inc. 

Boisbriand, OC.

49 CFR 

172.102(c)(3); 

173.242.

10878 To modify the special permit to waive the 

requirements for shipping papers to bear 

the DOT–SP number when transporting 

Class 8 materials in FRP cargo tanks. 

70918 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 

MODIFICATION EXEMPTIONS—Continued 

Application 

No. Docket No. Applicant Regulation(s) affected 

Modification of 

exemption Nature of exemption thereof 

11646–M ....... .............................. Barton Solvents, Inc. 

Des Moines, IA.

49 CFR 172.203(a); 

172.301(c); 

177.834(h).

11646 To modify the special permit to authorize 

the discharge of a Class 8 and an additional Class 3 material from a DOT 

Specification drum without removing the 

drum from the vehicle. 

12561–M ....... RSPA–00–8305 Rhodia Inc. 

Cranbury, NJ.

49 CFR 172.203(a); 

173.31; 179.13.

12561 To modify the special permit to authorize 

the use of 60 additional DOT Specification tank cars for the transportation of 

Class 8 materials. 

13182–M ....... RSPA–02–14023 Cytec Industries Inc. 

West Paterson, 

NJ.

49 CFR 173.192(a); 

173.304a(b).

13182 To modify the special permit to authorize 

the maximum fill density to 45% for the 

DOT Specification and non-DOT specification cyliners transporting a Division 

2.3 material. 

13245–M ....... RSPA–03–15985 Piper Metal Forming 

Corporation New 

Albany, MS.

49 CFR 

173.302(a)(1); 

175.3.

13245 To modify the special permit to authorize a 

new neck configuration design for the 

non-refillable, non-DOT specification cylinders transporting Division 2.2 materials. 

13481–M ....... .............................. Onyx Environmental 

Services, L.L.C. 

Ledgewood, NJ.

49 CFR 172.320; 

173.54(a), (e) and 

(j); 173.56(b); 

173.57; 173.58; 

173.60; 173.62.

13481 To modify the exemption to authorize the 

transportation of solid explosive substances in special shipping containers. 

13583–M ....... RSPA–04–18507 Structural Composites Industries Pomona, CA.49 CFR 178.35 ....... 13583 To modify the special permit to authorize 

an alternative test method and extend 

the service life of each non-DOT specification composite cylinder for up to 30 

years. 

13599–M ....... RSPA–04–18712 Air Products & 

Chemicals, Inc. 

Allentown, PA.

49 CFR 

173.304a(a)(2).

13599 To modify the special permit to authorize 

an increase in fill densities/ratios for the 

DOT Specification seamless steel cylinders transporting a Division 2.2 material. 

13738–M ....... RSPA–04–18889 Department of Energy Washington, 

DC.

49 CFR 

173.420(a)(4).

13738 To modify the special permit to provide relief from the marking requirements for 

shipment of cylinders with missing or illegible nameplates containing a Class 7 

material. 

[FR Doc. 05–23170 Filed 11–23–05; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte No. 552 (Sub-No. 9)] 

Railroad Revenue Adequacy—2004 

Determination 

AGENCY: Surface Transportation Board, 

DOT. 

ACTION: Notice of decision. 

SUMMARY: On November 23, 2005, the 

Board served a decision announcing the 

2004 revenue adequacy determinations 

for the Nation’s Class I railroads. One 

carrier, Norfolk Southern Railway 

Company, is found to be revenue 

adequate. 

DATES: Effective Date: This decision is 

effective November 23, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Leonard J. Blistein, (202) 565–1529. 

(Federal Information Relay Service 

(FIRS) for the hearing impaired: 1 (800) 

877–8339). 

SUPPLEMENTARY INFORMATION: The Board 

is required to make an annual 

determination of railroad revenue 

adequacy. A railroad is considered 

revenue adequate under 49 U.S.C. 

10704(a) if it achieves a rate of return on 

net investment equal to at least the 

current cost of capital for the railroad 

industry for 2004, determined to be 

10.1% in Railroad Cost of Capital—

2004, STB Ex Parte No. 558 (Sub-No. 8) 

(STB served June 30, 2005). This 

revenue adequacy standard was applied 

to each Class I railroad, and one carrier 

was found to be revenue adequate for 

2004. 

The Board’s decision is posted on the 

Board’s Web site, http:// 

www.stb.dot.gov. In addition, copies of 

the decision may be purchased from 

ASAP Document Solutions by calling 

202–306–4004 (assistance for the 

hearing impaired is available through 

FIRS at 1–800–877–8339), or by e-mail 

at asapdc@verizon.net. 

Environmental and Energy 

Considerations 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

Regulatory Flexibility Analysis 

Pursuant to 5 U.S.C. 603(b), we 

conclude that our action in this 

proceeding will not have a significant 

economic impact on a substantial 

number of small entities. The purpose 

and effect of the action is merely to 

update the annual railroad industry 

revenue adequacy finding. No new 

reporting or other regulatory 

requirements are imposed, directly or 

indirectly, on small entities. 

Decided: November 17, 2005.