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

Applicant
12240M

Spence Air Service

13173M

Luxfer Canada Limited

13220M

Entegris, Inc

173.302, 173.302c

14518M

Federal Cartridge Company

172.301c, 173.56b, 173.62

16231M

Thales Alenia Space

20279M

City Carbonic LLC

172.101j, 173.301f, 173.302aa1, 173.304aa2.
180.207d1

21069M

Catalina Composites, Inc

173.302a, 178.71l1

Regulations affected
FR Doc. 202111876 Filed 6421; 8:45 am BILLING CODE P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Docket No. PHMSA983599; PD19R

Hazardous Materials: The New York State Department of Environmental Conservation Requirements on Gasoline Transport Vehicles Pipeline and Hazardous Materials Safety Administration, Department of Transportation DOT.
ACTION: Dismissal of petition for reconsideration of an administrative determination of preemption.
AGENCY:

This proceeding was initiated in February 1998, when the National Tank Truck Carriers, Inc. NTTC
applied to the Pipeline and Hazardous Materials Safety Administration 1
PHMSA for a determination that the HMTA preempted certain marking and record keeping requirements of the New York State Department of khammond on DSKJM1Z7X2PROD with NOTICES

SUMMARY:

1 At the time of NTTCs application, PHMSA did not exist. PHMSA was created on February 20, 2005, when the Secretary of Transportation redelegated hazardous materials safety functions from the Research and Special Programs Administration RSPA to PHMSAs Administrator.
For consistency, the terms PHMSA, the agency, and we are used throughout this decision, regardless of whether an action was taken by RSPA
before February 20, 2005, or by PHMSA after that date.

VerDate Sep<11>2014

17:36 Jun 04, 2021

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172.101j, 172.200, 172.204c3, 172.301, 173.27b1, 175.33, 175.75b.
172.101j, 173.302aa1, 180.205g.

Nature of the special permits thereof To modify the special permit to waive certain marking and shipping paper requirements. mode 5.
To modify the special permit to authorize use the manufacture, marking, sale, and use of non-DOT specification fully wrapped carbon-fiber reinforced aluminum lined cylinders which are manifolded and permanently mounted in a protective frame for the transportation in commerce of the materials authorized by this special permit and authorize the use of a pneumatic proof pressure test for periodic requalification. modes 1, 2, 3, 4.
To modify the special permit by authorizing additional carbon steels specified for the cylindrical shell of the pressure vessel. modes 1, 2, 3.
To modify the special permit to authorize primers to be shipped without an EX approval. mode 1.
To modify the special permit to authorize additional 2.3
hazmat. modes 1, 3, 4.
To modify the special permit to remove specific manufacturer applicability to the manufacture of authorized cylinders.
modes 1, 2, 3, 4, 5.
To modify the special permit to authorize ISO 9712 as alternative to ISO 11515:2013 Section 9.1.1 certification.
modes 1, 2, 3, 4.

Environmental Conservation NYSDEC.
PHMSA found that the HMTA
preempted the 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.
NYSDECs petition for reconsideration of that decision is dismissed on the grounds of mootness. NYSDEC has made significant revisions to its regulations, and 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. It therefore does not appear that reconsidering PHMSAs preemption determination regarding the now-superseded NYSDEC rules would have any practical effect.
FOR FURTHER INFORMATION CONTACT:

Vincent Lopez, Office of Chief Counsel, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590;
Telephone No. 2023664400;
Facsimile No. 2023667041.
SUPPLEMENTARY INFORMATION:

Petitioner: New York State Department of Environmental Conservation.
Local Law Affected: New York Codes, Rules and Regulations NYCRR,
PO 00000

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30371

Chapter 6, Sections 230.4a3, 230.6b & c.2
Applicable Federal Requirements:
Federal Hazardous Material Transportation Law HMTA, 49 U.S.C.
5101 et seq., and the Hazardous Materials Regulations HMR, 49 CFR
parts 171180.
Mode Affected: Highway.
I. Background This proceeding was initiated in February 1998, when NTTC applied to PHMSA for a determination that the HMTA preempted certain marking and record keeping requirements of NYSDEC.
After NTTC filed its application, two key rulemakings occurred that delayed PHMSAs decision on NTTCs claims.
The rulemakings, one initiated by PHMSA, and the other by the United States Environmental Protection Agency EPA, although not related, addressed many of the issues raised in NTTCs application. The agencies rulemaking activities spanned several years and culminated in December 2009, when EPA issued a rule change and clarification of its rules.3
2 The NYSDEC repealed and replaced Part 230, with an effective date of February 11, 2021. The marking requirement in 6 NYCRR 230.4a3, as amended, was recodified in 6 NYCRR 230.6a2.
The recordkeeping and retention requirements of 6
NYCRR 230.6b and c, as amended, were recodified in 6 NYCRR 230.7a1 and a2, respectively.
3 Final Rule, 73 FR 1916 January 10, 2008;
corrections, 73 FR 12275 March 7, 2008; Final
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Continued
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