30372 Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 

Rule with amendments and clarifications, 76 FR 

4156 (January 24, 2011). 

4As published in the Federal Register, the 

agency’s January 23, 2009 determination in PD– 

19(R) indicated an incorrect docket number (99– 

3559, instead of 98–3559). 

Earlier in 2009, and subsequent to the 

publication of final rules in each of the 

PHMSA and EPA rulemakings, but 

before EPA’s clarification of its rules, 

PHMSA issued its decision on NTTC’s 

application. On January 23, 2009, 

PHMSA published in the Federal 

Register its determination of NTTC’s 

application in Preemption 

Determination No. 19(R) (PD–19(R)), 74 

FR 4291.4 PHMSA found that the 

HMTA preempted the following 

NYSDEC requirements because the 

requirements were not substantively the 

same as requirements in the HMR on the 

marking, maintaining, repairing, or 

testing of a package or container that is 

represented, marked, certified, or sold 

as qualified for transporting hazardous 

material: 

• 6 NYCRR 230.4(a)(3)—requirement 

that the marking must be a minimum 

two inches and contain ‘‘NYS DEC’’; 

• 6 NYCRR 230.6(b)—requirement for 

maintaining a copy of the most recent 

pressure-vacuum test results with the 

gasoline transport vehicle; and 

• 6 NYCRR 230.6(c)—requirement to 

retain pressure-vacuum test and repair 

results for two years. 

Within the 20-day time period 

provided in 49 CFR 107.211(a), 

NYSDEC submitted a petition for 

reconsideration of PHMSA’s decision in 

PD–19(R). NYSDEC asked PHMSA to 

rescind its preemption determination 

and dismiss the application by NTTC. In 

April 2009, PHMSA extended the 

period for comments on NYSDEC’s 

petition due to the unusually long 

period it took for the agency to issue 

PD–19(R). This action was followed by 

another extended period of inactivity 

until August 26, 2010, when PHMSA 

reopened the period for comments on 

NYSDEC’s petition for reconsideration 

to receive comments on EPA’s rule 

changes. The matter has remained 

dormant since that time based on 

PHMSA’s understanding that NYSDEC 

was planning to revise its regulations. 

On February 12, 2020, NYSDEC 

proposed a rulemaking to repeal and 

replace 6 NYCRR Part 230 Gasoline 

Dispensing Sites and Transport 

Vehicles. Volume XLII, Issue 6, N.Y. 

Reg, 8 (February 12, 2020). The adopted 

requirements in 6 NYCRR Part 230, 

sections 230.6 and 230.7, became 

effective on February 11, 2021. These 

provisions contain revised versions of 

the requirements that were at issue in 

this proceeding for marking gasoline 

transport vehicles and recordkeeping 

and reporting requirements. 

II. Dismissal on Grounds of Mootness 

NYSDEC’s legislative changes to its 

rules have rendered moot NYSDEC’s 

petition for reconsideration of PHMSA’s 

2009 preemption determination. 

NYSDEC, in its February 12, 2020, 

rulemaking proposal, required pressurevacuum cargo tank testing and markings 

that align with DOT’s testing and 

marking requirements. NYSDEC 

indicated that the proposed 

amendments would make the 

requirements consistent on the state and 

federal level. Furthermore, NYSDEC 

proposed to revise the gasoline transport 

vehicle recordkeeping retention 

requirements from 2 years to 5 years in 

order to align with the current version 

of the EPA’s recordkeeping requirement 

located at 40 CFR part 63 subpart 

CCCCCC. 

The recently adopted requirements in 

6 NYCRR Part 230, sections 230.6 and 

230.7, became effective on February 11, 

2021. These provisions contain the 

requirements that were at issue in this 

proceeding for marking gasoline 

transport vehicles and recordkeeping 

and reporting requirements. The 

provision for the marking of gasoline 

transport vehicles states: 

(a) No owner or operator of a gasoline 

transport vehicle may transport gasoline or 

allow the vehicle to be filled or emptied in 

New York State unless the gasoline transport 

vehicle meets: 

(1) the federal Department of 

Transportation (DOT) requirements for leak 

testing as required by 49 CFR 180.407(h) (see 

Table 1, Section 200.9 of this Title); and 

(2) the federal DOT requirements for test 

markings as required by 49 CFR 180.415 (see 

Table 1, Section 200.9 of this Title). 

6 NYCRR 230.6. 

The recordkeeping and reporting 

provision states: 

(a) The owner of any gasoline transport 

vehicle subject to the leak testing 

requirements outlined in section 230.6(a) of 

this Part shall keep: 

(1) leak testing records with information as 

prescribed by 49 CFR 180.417(b)(1) and (2) 

(see Table 1, Section 200.9 of this Title) for 

5 years; and 

(2) a copy of the most recent leak testing 

results with the gasoline transport vehicle. 

6 NYCRR 230.7. 

In light of the facts and circumstances 

described above, it is apparent the 

NYSDEC rules that PHMSA found were 

preempted under the HMTA—and 

subject of NYSDEC’s petition for 

reconsideration—have been 

significantly revised. On their face, the 

revised rules do not appear to impose 

the same requirements on regulated 

entities as the previous version of the 

rules that were challenged in this 

proceeding. Consequently, it would be 

inappropriate for PHMSA to render a 

decision on a petition for 

reconsideration that was filed more than 

a decade ago, for relief from the agency’s 

preemption determination that was 

based on a previous version of 

NYSDEC’s pressure-vacuum cargo tank 

testing and markings requirements 

when those requirements have recently 

undergone significant revisions. It 

appears that issuing a decision on the 

petition for reconsideration would have 

no practical effect on any party. 

III. Ruling 

For the reasons set forth above, 

NYSDEC’s petition for reconsideration 

is dismissed because the issues raised in 

the petition are moot. 

Going forward, any person directly 

affected by the revised NYSDEC rules 

(including a State, political subdivision 

of a State, or Indian tribe) may apply to 

PHMSA for a decision on whether the 

revised rules are preempted by the 

HMTA. 49 U.S.C. 5125(d); 49 CFR 

107.203. Similarly, any person who 

thinks there is a practical reason for 

PHMSA to revisit its preemption 

decision regarding the now-superseded 

rules may apply to PHMSA for a new 

decision on that question. 

Issued in Washington, DC, on May 26, 

2021. 

Vasiliki Tsaganos, 

Acting Chief Counsel. 

[FR Doc. 2021–11494 Filed 6–4–21; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Hazardous Materials: Notice of 

Applications for New Special Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of applications for special 

permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations, notice is hereby given that 

the Office of Hazardous Materials Safety 

has received the application described 

herein. Each mode of transportation for 

which a particular special permit is 

requested is indicated by a number in 

the ‘‘Nature of Application’’ portion of 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Notices 30373 

the table below as follows: 1—Motor 

vehicle, 2—Rail freight, 3—Cargo vessel, 

4—Cargo aircraft only, 5—Passengercarrying aircraft. 

DATES: Comments must be received on 

or before July 7, 2021. 

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 special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Donald Burger, Chief, Office of 

Hazardous Materials Safety General 

Approvals and Permits Branch, Pipeline 

and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, East Building, PHH–13, 

1200 New Jersey Avenue Southeast, 

Washington, DC 20590–0001, (202) 366– 

4535. 

SUPPLEMENTARY INFORMATION: Copies of 

the applications are available for 

inspection in the Records Center, East 

Building, PHH–30, 1200 New Jersey 

Avenue Southeast, Washington DC. 

This notice of receipt of applications 

for special permit 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 June 2, 2021. 

Donald P. Burger, 

Chief, General Approvals and Permits 

Branch. 

Application 

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

21227–N ....... Apollo Fusion, Inc ................... 173.302 ................................... To authorize the transportation in commerce of Xenon in nonDOT specification cylinders. (mode 1). 

21231–N ....... Patrick J. Kelly Drums, Inc ...... 173.28(b) ................................. To authorize the recondition of UN specification metal drums 

that have minimum steel thicknesses below those now authorized in 49 CFR § 173.28(b)(4). (modes 1, 2, 3, 4, 5). 

21232–N ....... Scandinavian Airlines System 

Denmark-Norway-Sweden.

175.75(c) ................................. To authorize the transportation in commerce of aviation fuel 

contained in a fuel tank by passenger-carrying aircraft in 

quantities that exceed the limitation for materials loaded in 

an inaccessible manner. (mode 5). 

21233–N ....... Airopack B.V ........................... 178.33b–6(a) ........................... To authorize the manufacture, mark, sale, and use of DOT 

2S inner containers manufactured from recycled materials. 

(modes 1, 2, 3, 4, 5). 

21234–N ....... Air Liquide Advanced Materials Inc.173.301 ................................... To authorize the transportation in commerce of Dichlorosilane 

in non-DOT specification cylinders. (modes 1, 3). 

21235–N ....... United States Dept. of Energy 173.413, 173.416 .................... To authorize the transportation in commerce of certain Class 

7 materials in alternative packaging. (mode 1). 

21237–N ....... Mauser USA, LLC ................... 178.503(a)(3)(ii) ....................... To authorize the use of certain 1H1 plastic drums with markings that do not include the ‘‘Y’’ letter identifying that the 

packagings have been successfully tested to meet the 

Packing Group II performance standard. (modes 1, 2, 3, 4, 

5). 

21238–N ....... Target Stores, Inc ................... 172.315(a)(2) ........................... To authorize the transportation in commerce of limited quantities of hazardous materials that are marked with a limited 

quantity marking having dimensions of 25 mm by 25 mm. 

(modes 1, 2). 

21240–N ....... Volkswagen Group of America 

Chattanooga Operations, 

LLC.

172.101(j), 173.185(b)(1) ........ To authorize the transportation in commerce of lithium ion 

batteries exceeding 35 kg by cargo-only aircraft in alternative packaging. (mode 4). 

21241–N ....... ZF Airbag Germany Gmbh ..... 173.301(h), 173.302a(a) ......... To authorize the manufacture, mark, sale and use of nonDOT specification pressure vessels for use as components 

of safety systems and explosive articles. (modes 1, 2, 3, 4, 

5). 

21242–N ....... Myers Container, LLC ............. 178.503(a)(10) ......................... To authorize the use of specification steel drums exceeding 

100 L where the specification marking on the bottom of the 

drum indicates a different year of manufacture than the top/ 

side. (modes 1, 2, 3, 4, 5). 

21244–N ....... Contrivance Incorporated ........ 172.203(a), 172.301(c), 

180.211(c)(2)(i).

To authorize the repair of certain DOT 4L cylinders without 

requiring pressure testing. (modes 1, 2, 3, 4, 5). 

[FR Doc. 2021–11878 Filed 6–4–21; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Internal Revenue Service Advisory 

Council (IRSAC); Nominations 

AGENCY: Internal Revenue Service, 

Department of the Treasury. 

ACTION: Request for Nominations. 

SUMMARY: The Internal Revenue Service 

(IRS) is seeking new members to serve 

on the Internal Revenue Service 

Advisory Council (IRSAC). Applications 

are currently being accepted for 

appointments that will begin in January 

2022. IRSAC members are drawn from 

substantially diverse backgrounds 

representing a cross-section of the 

taxpaying public with substantial, 

disparate experience in: Tax preparation 

for individuals, small businesses and 

large, multi-national corporations; taxexempt and government entities; and 

information reporting. Nominations of 

qualified individuals may come from 

individuals or organizations; 

applications should describe and 

document the proposed member’s 

qualifications for IRSAC. 

DATES: Applications must be received 

on or before July 9, 2021. 

ADDRESSES: Applications should be 

submitted to IRS National Public 

Liaison via email to publicliaison@

irs.gov or electronic fax to 855–811– 

8021. Application packages are 


khammond on DSKJM1Z7X2PROD with NOTICES