[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Notices]
[Pages 40128-40129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17255]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2019-0149; PDA-40(R)]


Hazardous Materials: The State of Washington Crude Oil By Rail--
Vapor Pressure Requirements

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice, and extension of comment period.

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SUMMARY: PHMSA is extending the period for comments on the State of 
North Dakota and the State of Montana's application for an 
administrative determination as to whether Federal hazardous material 
transportation law preempts the State of Washington's rules relating to 
the volatility of crude oil received in the state.

DATES: Comments received on or before September 23, 2019, and rebuttal 
comments received on or before October 23, 2019, will be considered 
before an administrative determination is issued by PHMSA's Chief 
Counsel. Rebuttal comments may discuss only those issues raised by 
comments received during the initial comment period and may not discuss 
new issues.

ADDRESSES: All documents in this proceeding, including North Dakota and 
Montana's application and all comments received, may be reviewed in the 
Docket Operations Facility (M-30), U.S. Department of Transportation, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590. All documents in this proceeding are also 
available on the U.S. Government Regulations.gov website: http://www.regulations.gov.
    Comments must refer to Docket No. PHMSA-2019-0149 and may be 
submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations Facility (M-30), U.S. Department 
of Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Docket Operations Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC 20590, between 9:00 a.m. and 
5:00 p.m.,

[[Page 40129]]

Monday through Friday, except Federal holidays.
    A copy of each comment must also be sent to (1) Wayne Stenehjem, 
Attorney General, The State of North Dakota, Office of the Attorney 
General, 600 East Boulevard Avenue, Department 125, Bismarck, ND 58505-
0040, and (2) Tim Fox, Attorney General, The State of Montana, Office 
of the Attorney General, Justice Building, Third Floor, 215 North 
Sanders, Helena, MT 59620-1401. 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. Stenehjem and Mr. Fox at the addresses specified 
in the Federal Register.'')
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing a comment submitted on behalf of an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78), or you may visit http://www.regulations.gov.
    A subject matter index of hazardous materials preemption cases, 
including a listing of all inconsistency rulings and preemption 
determinations, is available through PHMSA's home page at http://phmsa.dot.gov. From the home page, click on ``Regulations and 
Compliance,'' then on ``Standards & Rulemaking,'' then on ``Hazardous 
Materials Standards and Rulemaking,'' then on ``Preemption 
Determinations'' located on the left side of the page. A paper copy of 
the index will be provided at no cost upon request to Mr. Lopez, at the 
address and telephone number set forth in the FOR FURTHER INFORMATION 
CONTACT section below.

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. 202-366-4400; Facsimile No. 202-366-7041.

SUPPLEMENTARY INFORMATION: The State of North Dakota and the State of 
Montana have applied to PHMSA for a determination whether Federal 
hazardous material transportation law, 49 U.S.C. 5101 et seq., preempts 
the State of Washington's Engrossed Substitute Senate Bill 5579, Crude 
Oil By Rail--Vapor Pressure. Specifically, North Dakota and Montana 
allege the law, which purports to regulate the volatility of crude oil 
transported in Washington state for loading and unloading, amounts to a 
de facto ban on Bakken \1\ crude.
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    \1\ According to the applicants, North Dakota and Montana are 
home to the Bakken Shale Formation, a subsurface formation within 
the Williston Basin. It is one of the top oil-producing regions in 
the country and one of the largest oil producers in the world.
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    PHMSA published a notice of the State of North Dakota and the State 
of Montana's application in the Federal Register on July 24, 2019 (84 
FR 35707).\2\ On July 29, 2019, the State of Washington asked us for an 
extension of time in which to file comments. The State of Washington 
believes the original 30-day comment period is an inadequate amount of 
time for it and other interested parties to thoroughly and properly 
comment on the application.
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    \2\ https://www.govinfo.gov/content/pkg/FR-2019-07-24/pdf/2019-15675.pdf.
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    After review of the State of Washington's request, we have granted 
its request.

    Issued in Washington, DC, on August 7, 2019.
Paul J. Roberti,
Chief Counsel.
[FR Doc. 2019-17255 Filed 8-12-19; 8:45 am]
BILLING CODE 4910-60-P