4286 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

MODIFICATION SPECIAL PERMIT—Continued 

Application 

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

11666–M ..... Alcoa, Inc., Pittsburgh, PA. 49 CFR 173.240(b) ................. To modify the special permit 

to authorize the addition of 

intermodal containers and 

unitizing the electrodes with 

steel banding to wooden 

runners or to wooden pallets.

11818–M ..... Space Systems/Loral, Palo 

Alto, CA.

49 CFR 180.205 ..................... To modify the special permit 

to authorize the transportation in commerce of a 

Class 9 material.

14467–M ..... Brenner Tank, LLC Fond 

Du Lac, WI.

49 CFR 178.345–2 ................. To modify the special permit 

to authorize relief from minimum thickness tables for 

duplex stainless steels used 

in the construction of DOT– 

400 series specification 

cargo tanks.

14649–M ..... Olin Corporation, Winchester Division, East Alton, 

IL.

49 CFR 173.62(b), 172.10 1 

column (8C), 173.60(b)(8), 

172.300 and 172.400.

To modify the special permit 

to authorize an additional 

Division 1.4C hazardous 

material.

[FR Doc. E9–1175 Filed 1–22–09; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Application for 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 (49 CFR Part 107, Subpart 

B), 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 

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 February 23, 2009. 

Address Comments to: 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: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 

Jersey Avenue, Southeast, Washington, 

DC or at http://dms.dot.gov. 

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 January 12, 

2009. 

Delmer F. Billings, 

Director, Office of Hazardous Materials, 

Special Permits and Approvals. 

NEW SPECIAL PERMITS

Application 

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

14796–N ...... ........................ Chammas Cutters Inc., 

Houston, TX.

49 CFR 173.228 ............... To authorize the transportation in commerce of nonDOT specification cylinders containing Bromine 

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

14797–N ...... ........................ Department of Energy, 

Washington, DC.

49 CFR 173.416 and 

173.417.

To authorize the continued use of DOT 6M packages 

for the transportation in commerce of radioactive 

materials. (mode 1) 

14798–N ...... ........................ Cymaco NV ...................... 49 CFR 173.302a(b) and 

180.205.

To authorize the ultrasonic examination of certain 

DOT specification cylinders in lieu of the specified 

internal visual examination and hydrostatic pressure test and to allow the plus marking without determining the elastic expansion by the water jacket 

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

14799–N ...... ........................ Takata-Petri CCI ............... 49 CFR 173.30 1(a) and 

173. 302a.

To authorize the manufacture, marking, sale and use 

of non-DOT specification cylinders similar to a OT 

39 cylinder for use as components of safety systems. (modes 1, 2, 3, 4) 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4287 

NEW SPECIAL PERMITS—Continued 

Application 

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

14801–N ...... ........................ CVS Transportation, 

L.L.C., Woon-socket, RI.

49 CFR 171.8 Materials of 

Trade.

To authorize the transportation in commerce of certain hazardous materials as Materials of Trade 

when transported by a dedicated contract carrier 

and meet all the provisions of 49 CFR 173.6. 

(mode 1) 

14802–N ...... ........................ Sporting Arms and Ammunition Manufacturers’ Institute, Inc. Newtown, 

CT.

49 CFR 173.6 ................... To authorize the transportation in commerce of certain Division 1.4S explosives under the Materials of 

Trade exception in 49 CFR 173.6. (mode 1) 

[FR Doc. E9–1176 Filed 1–22–09; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. RSPA–00–8026 (PD–26(R))] 

Massachusetts’ Definitions of 

Hazardous Materials 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of administrative 

determination of preemption. 

Applicant: Boston and Maine 

Corporation (Boston and Maine). 

Local Laws Affected: Massachusetts 

General Laws (M.G.L.) chapter 21 E, 

section 2 (ch. 21 E); and chapter 21 K, 

section 1 (ch. 21 K). 

Applicable Federal Requirements: 

The Federal Hazardous Material 

Transportation Law (Federal Hazmat 

Law), 49 U.S.C. 5101 et seq., and the 

Hazardous Materials Regulations 

(HMR), 49 CFR parts 171–180. 

Modes Affected: Rail and Highway. 

SUMMARY: The Federal Hazmat Law does 

not preempt the definitions of 

‘‘hazardous material’’ in M.G.L. chs. 21 

E and 21 K. As applied and enforced, 

the challenged provisions of 

Massachusetts’ laws are not an 

‘‘obstacle’’ to accomplishing and 

carrying out the Federal Hazmat Law, 

the HMR, or a hazardous materials 

transportation security regulation or 

directive issued by the Secretary of 

Homeland Security. Because a regulated 

entity may comply with the State and 

Federal requirements at the same time 

the Massachusetts’ laws are not 

preempted under the ‘‘dual 

compliance’’ test. These definitions and 

State requirements also do not concern 

any of the five subject areas in which 

State Authority is expressly preempted 

by the Federal Hazmat Law, and State 

enforcement of these laws does not 

otherwise frustrate Congressional intent. 

FOR FURTHER INFORMATION CONTACT: 

Thomas D. Seymour, Office of Chief 

Counsel, Pipeline and Hazardous 

Materials Safety Administration, (202) 

366–4400, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room E26–322, 

Washington, DC 20590; e-mail: 

tom.seymour@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Issues Under Consideration 

In this determination, PHMSA 

considers the definitions of ‘‘hazardous 

material’’ as contained in M.G.L. chs. 21 

E and 21 K. Chapter 21 E and entitled 

‘‘Massachusetts Oil and Hazardous 

Materials Release Prevention and 

Response Act’’ to be parallel with the 

Federal Comprehensive Environmental 

Response, Compensation and Liability 

Act, 42 U.S.C. 9601 et seq. (‘‘CERCLA’’ 

or ‘‘Superfund law’’). Chapter 21 K, 

‘‘Mitigation of Hazardous Materials,’’ 

governs the State’s emergency 

mitigation response to a release, or 

threat of release, of materials 

determined by the state to pose a risk of 

contamination to the local environment. 

This statute authorizes the 

Massachusetts Department of Fire 

Services to deploy personnel and 

equipment for emergency mitigation 

response caused by a release, or threat 

of release, of materials determined to be 

a potential environment contaminant. 

Chapter 21 K also provides for the 

dispatch of trained personnel to 

evaluate a potential risk of 

contamination to the environment. 

Both M.G.L. chs. 21 E and 21 K use 

the term ‘‘hazardous material’’ to refer 

to substances triggering the laws’ 

requirements. Under Chapter 21 E a 

‘‘hazardous material’’ is defined as: 

A material including but not limited to, 

any material, in whatever form, which 

because of its quantity, concentration, 

chemical, corrosive, flammable, reactive, 

toxic, infectious or radioactive 

characteristics, either separately or in 

combination with any substance or 

substances, constitutes a present or potential 

threat to human health, safety, welfare, or to 

the environment, when improperly stored, 

treated, transported, disposed of, used, or 

otherwise managed. 

Chapter 21 K contains the same 

definition except that it expressly 

identifies ‘‘oil’’ as a hazardous material. 

II. Background 

A. Summary of Facts 

On June 27, 1999, six railcars from a 

Boston and Maine train derailed in the 

Charlemont, MA area, causing an 

unidentified material to leak into the 

ground and nearby Deerfield River. The 

Charlemont Fire Department responded 

to the incident and, when it could not 

identify the material, called the 

Massachusetts Hazardous Material 

Response Team. When the Response 

team identified the material, and 

determined it did not pose a risk to the 

environment, the team abandoned 

further cleanup efforts and turned the 

scene over to Boston and Maine’s 

personnel. 

Massachusetts later presented an 

invoice to Boston and Maine for the cost 

of the response and the discontinued 

cleanup. Boston and Maine objected and 

sought relief through state 

administrative procedures. 

Subsequently, Boston and Maine filed a 

complaint in Massachusetts Superior 

Court for Middlesex County, alleging 

errors in law associated with the 

Massachusetts Department of Fire 

Services’ assessment of the response 

costs. While the State civil action was 

pending, Boston and Maine filed the 

present request for an Administrative 

determination of preemption. (The 

petition was filed with the Research and 

Special Programs Administration 

(RSPA) the predecessor of the Pipeline 

and Hazardous Materials Safety 

Administration (PHMSA)). For ease of 

reading, this publication will refer to 

PHMSA in describing the agency’s 

conduct during this proceeding. 

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