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Notice

Application by Boston & Maine Corporation for a Preemption Determination as to Massachusetts’ Definitions of Hazardous Materials

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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AGENCY:

Research and Special Programs Administration (RSPA), DOT.

ACTION:

Notice extending period for public comment.

SUMMARY:

RSPA is further extending the period for interested parties to submit 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:

Comments received on or before April 13, 2001, and rebuttal comments received on or before May 29, 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.

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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.

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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.

After receiving a request from the Commonwealth of Massachusetts to extend the comment period, RSPA published a Notice on December 19, 2000 extending the comment period to February 2, 2001 with a rebuttal period until March 19, 2001. Boston Maine Corporation assented to that request.

On January 19, 2001, the Commonwealth of Massachusetts (the Commonwealth) sent RSPA a letter requesting a further extension of time to April 13, 2001 to comment on the preemption application. The Commonwealth states that Boston Maine Corporation has assented to the request for an extension of time. Accordingly, RSPA is extending the comment period to April 13, 2001 and the rebuttal comment period to May 29, 2001.

Comments should address whether Massachusetts' definitions of “hazardous material” differ from the definition of that term in the Federal Hazardous Materials Regulations (HMR), 49 CFR Parts 171-180, and whether and how these State definitions are applied and enforced by the State with respect to transportation that is subject to the HMR.

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Issued in Washington, D.C. on January 30, 2001.

Robert A. McGuire,

Associate Administrator for Hazardous Materials Safety.

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[FR Doc. 01-2874 Filed 2-1-01; 8:45 am]

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