26658 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Notices inspection until the test or inspection Issued in Washington, DC, on May 2, 2000. employees. Section 11326(c), however, has been successfully completed. Robert A. McGuire, does not provide for labor protection for Cargo tank conversions. It is possible, Acting Associate Administrator for transactions under sections 11324 and though difficult, to modify a cargo tank, Hazardous Materials Safety. 11325 that involve only Class III rail such as by using the tank from an MC [FR Doc. 00–11375 Filed 5–5–00; 8:45 am] carriers. Because this transaction involves Class III rail carriers only, the 330 cargo tank motor vehicle, to meet BILLING CODE 4910±60±P Board, under the statute, may not the DOT 51 portable tank specification. impose labor protective conditions for The modification must be performed by DEPARTMENT OF TRANSPORTATION this transaction. an ASME Code facility. The If the notice contains false or manufacturer performing the Surface Transportation Board misleading information, the exemption modification must assure that the [STB Finance Docket No. 33868] is void ab initio. Petitions to reopen the modified tank conforms to all the proceeding to revoke the exemption requirements of the DOT 51 OmniTRAX, Inc., Central under 49 U.S.C. 10502(d) may be filed specification in § 178.245 of the HMR. Railway, L.L.C., and Kansas at any time. The filing of a petition to Such a tank no longer meets the cargo Southwestern Railway, L.L.C.Ð revoke will not automatically stay the tank specification; thus, the Corporate Family Transaction transaction. manufacturer must remove or cover the Exemption An original and 10 copies of all cargo tank specification plate on the pleadings, referring to STB Finance 1 modified tank and affix a new OmniTRAX, Inc. (OmniTRAX), Docket No. 33868, must be filed with certification plate in accordance with Central Kansas Railway L.L.C. (CKR), the Surface Transportation Board, Office § 178.245–6. Other than through and Kansas Southwestern Railway, of the Secretary, Case Control Unit, 1925 L.L.C. (KSW), have jointly filed a recertification as a portable tank, there K Street, NW, Washington, DC 20423– verified notice of exemption. CKR is no provision for use of the tank from 0001. In addition, a copy of each operates over approximately 900 miles a cargo tank motor vehicle as a portable pleading must be served on Karl Morell, of rail line in the States of Kansas and tank. P.C., Ball Janik LLP, Suite 225, 1455 F Colorado. KSW operates over Street, NW, Washington, DC 20005. Filling densities. The HMR prescribe approximately 106 miles of rail line in Board decisions and notices are maximum permitted filling densities for the State of Kansas and connects at available on our website at portable tanks in propane service in several locations with CKR. KSW will ‘‘WWW.STB.DOT.GOV.’’ § 173.315(b). Generally, maximum be merged into CKR, with CKR as the Decided: April 28, 2000. surviving corporation. After the permitted filling densities depend on By the Board, David M. Konschnik, the specific gravity of the material to be transaction is consummated, Director, Office of Proceedings. ° OmniTRAX will control 9 Class III transported, measured at 60 F, and the Vernon A. Williams, railroads in the United States. size of the tank. Propane in a portable Secretary. tank may not exceed 60 percent of the The transaction was scheduled to be [FR Doc. 00–11183 Filed 5–5–00; 8:45 am] water-weight capacity of the tank. consummated on or shortly after April 26, 2000. BILLING CODE 4915±00±P III. Safety Implications The purpose of the transaction is to simplify OmniTRAX’s corporate The purpose of this safety advisory structure and eliminate costs associated DEPARTMENT OF THE TREASURY notice is to alert persons who offer or with separate accounting, tax, transport propane that transporting bookkeeping and reporting functions. Office of the Comptroller of the propane in portable tanks that do not The proposed transaction will also Currency conform to the HMR could have serious enhance the operating economies of, safety implications for persons who and improve service on, the surviving Office of Thrift Supervision handle or transport such tanks and for corporation. the general public. When liquid propane FEDERAL DEPOSIT INSURANCE This is a transaction within a CORPORATION is released into the atmosphere, it corporate family of the type specifically quickly vaporizes into the gaseous form exempted from prior review and Agency Information Collection that is its normal state at atmospheric approval under 49 CFR 1180.2(d)(3). Activities; Proposed Renewal of pressure. Vaporization occurs very The parties state that the transaction Information Collection; Comment rapidly and, in the process, the propane will not result in adverse changes in Request combines readily with air to form fuel- service levels, significant operational air mixtures that are ignitable over a changes, or a change in the competitive AGENCIES: Office of the Comptroller of range of 2.2 to 9.5 percent by volume. balance with carriers outside the the Currency (OCC) and Office of Thrift If an ignition source is present in the corporate family. Supervision (OTS), Treasury, and Federal Deposit Insurance Corporation vicinity of the highly flammable Under 49 U.S.C. 10502(g), the Board (FDIC). mixture, the vapor cloud ignites and may not use its exemption authority to ACTION: burns explosively. relieve a rail carrier of its statutory Joint notice and request for obligation to protect the interests of its comment. No person may offer for transportation SUMMARY: or transport hazardous materials except 1 OmniTRAX is a noncarrier holding company, The OCC, OTS, and FDIC in conformance with the HMR. Persons which at the time of filing, directly controlled 10 (collectively, the ‘‘agencies’’), as part of offering or transporting propane in Class III railroads, including CKR and KSW, their continuing efforts to reduce operating in 7 states. See OmniTRAX, Inc.—Control paperwork and respondent burden, portable tanks that do not conform to Exemption—Northern Ohio & Western Railway, the HMR requirements may be subject to LLC, STB Finance Docket No. 33598 (STB served invite financial institutions, the general civil or criminal penalties. June 5, 1998). OmniTRAX also states that it controls public, and other Federal agencies to 3 rail carriers that operate in Canada. comment on a continuing information

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