[Federal Register Volume 66, Number 23 (Friday, February 2, 2001)]
[Notices]
[Page 8845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2874]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

[Docket No. RSPA-00-8026 (PDA-26(R))]


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

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice extending period for public comment.

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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.

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.

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.

    Issued in Washington, D.C. on January 30, 2001.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 01-2874 Filed 2-1-01; 8:45 am]
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