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Federal Register / Vol. 71, No.

52 / Friday, March 17, 2006 / Notices 13895

written information to each respondent Federal holidays. An electronic version DC between 9 a.m. and 5 p.m., Monday
about the procedures that will govern of this document and all documents through Friday, except Federal holidays.
the hearing. entered into this docket are available at • E-Gov Web site: http://
DATES: The first phase will begin on http://dms.dot.gov. No comments will www.Regulations.gov. This site allows
March 17, 2006 and will end September be accepted after April 17, 2006. In the public to enter comments on any
18, 2006. The second phase will begin addition, copies of the draft EA are Federal Register notice issued by any
by November 14, 2006. available for public viewing on the Port agency.
Issued on: March 13, 2006.
of Anchorage web site (http:// Instructions: You should identify the
www.portofanchorage.org) or at the docket number, PHMSA–2006–24044, at
Annette M. Sandberg,
Loussac Library in Anchorage. the beginning of your comments. If you
Administrator. submit your comments by mail, you
[FR Doc. E6–3895 Filed 3–16–06; 8:45 am] (Authority: 49 CFR 1.66)
should submit two copies. If you wish
BILLING CODE 4910–EX–P Dated: March 13, 2006. to receive confirmation that PHMSA
By Order of the Maritime Administrator. received your comments, you should
Joel C. Richard, include a self-addressed stamped
DEPARTMENT OF TRANSPORTATION Secretary, Maritime Administration. postcard. Internet users may submit
Maritime Administration [FR Doc. E6–3896 Filed 3–16–06; 8:45 am] comments at http://
BILLING CODE 4910–81–P www.regulations.gov, and may access all
[Docket No: MARAD 2006–24149] comments received by DOT at http://
dms.dot.gov by performing a simple
Availability of a Draft Environmental DEPARTMENT OF TRANSPORTATION search for the docket number. Note: All
Assessment comments will be posted without
AGENCY: Department of Transportation, Pipeline and Hazardous Materials changes or edits to http://dms.dot.gov
Maritime Administration. Safety Administration including any personal information
ACTION: Notice of the Availability of a provided.
[Docket No. PHMSA–2006–24044; Notice 1]
Draft Environmental Assessment. Privacy Act Statement: Anyone may
Pipeline Safety: Request for Waiver; search the electronic form of all
SUMMARY: The purpose of this Notice is Dominion Transmission, Inc. comments received for any of our
to make available for public review and dockets. You may review DOT’s
comment the Port of Anchorage AGENCY: Pipeline and Hazardous complete Privacy Act Statement in the
Intermodal Expansion, North End Materials Safety Administration Federal Register published on April 11,
Runway Material Extraction and (PHMSA); DOT. 2000 (65 FR 19477) or you may visit
Transport draft Environmental ACTION: Notice of intent to consider http://dms.dot.gov.
Assessment (EA). The draft EA analyzes waiver request. FOR FURTHER INFORMATION CONTACT:
the potential impacts on the human and James Reynolds by telephone at 202–
natural environment associated with the SUMMARY: Dominion Transmission, Inc. 366–2786; by fax at 202–366–4566; by
proposed material extraction activities (DTI) requested a waiver of compliance mail at DOT, Pipeline and Hazardous
at the North End Borrow Site and from the pipeline safety regulation that Materials Safety Administration
potential transportation corridors requires each liquefied natural gas (PHMSA), Office of Pipeline Safety, 400
located on Elmendorf Air Force Base (LNG) facility constructed after March 7th Street, SW., Washington, DC 20590;
(EAFB). This environmental 31, 2000 to comply with the American or by e-mail at james.reynolds@dot.gov.
documentation supports the proposed National Standards Institute and
SUPPLEMENTARY INFORMATION:
expansion of the Port of Anchorage National Fire Protection Association
(POA), which includes a variety of (ANSI/NFPA) standard for low-pressure Background
activities to enhance the transportation welded storage containers. Dominion Transmission, Inc. (DTI),
of goods and people within the State of DATES: Persons interested in submitting requests a waiver of compliance from
Alaska. comments on the waiver request the regulatory requirements at 49 CFR
DATES: Comments on this draft EA must described in this Notice must do so by 193.2301. This regulation requires each
be received by April 17, 2006. April 17, 2006. LNG facility constructed after March 31,
FOR FURTHER INFORMATION CONTACT: ADDRESSES: Comments may be 2000, to comply with 49 CFR 193 and
Daniel E. Yuska, Jr., Environmental submitted in the following ways: ANSI/NFPA standard 59A (NFPA 59A).
Protection Specialist, Office of • DOT Web site: http://dms.dot.gov. NFPA 59A requires that welded
Environmental Activities, U.S. Maritime To submit comments on the DOT containers designed for not more than
Administration, 400 Seventh Street, electronic docket site, click ‘‘Comment/ 15 pounds per square inch gauge
SW., Washington, D.C. 20590; telephone Submissions,’’ click ‘‘Continue,’’ fill in pressure (psig) comply with the Eighth
(202) 366–0714, fax (202) 366–6988. the requested information, click Edition, 1990, of American Petroleum
SUPPLEMENTARY INFORMATION: Comments ‘‘Continue,’’ enter your comment, then Institute standard 620 (API 620), Design
may be submitted by mail to the Docket click ‘‘Submit.’’ and Construction of Large, Welded,
Clerk, U.S. DOT Dockets, Room PL–401, • Fax: 1–202–493–2251. Low-Pressure Storage Tanks (Appendix
Department of Transportation, 400 • Mail: Docket Management System: Q). The Eighth Edition of API 620
Seventh St., SW., Washington, DC U.S. Department of Transportation, 400 requires inspection according to
20590–0001. Written comments should Seventh Street, SW., Nassif Building, Appendix Q which calls for the full
refer to docket number MARAD 2006– Room PL–401, Washington, DC 20590– radiographic examination of all vertical
sroberts on PROD1PC70 with NOTICES

24149. All comments will become part 0001. and horizontal butt welds associated
of this docket and will be available for • Hand Delivery: DOT Docket with the container.
inspection and copying at the above Management System; Room PL–401 on DTI is proposing to use the current
address between 10 a.m. and 5 p.m., the plaza level of the Nassif Building, Tenth Edition, Addendum 1, of API 620.
E.T., Monday through Friday, except 400 Seventh Street, SW., Washington, The Tenth Edition, Addendum 1, of API

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13896 Federal Register / Vol. 71, No. 52 / Friday, March 17, 2006 / Notices

620, allows ultrasonic examination—in PHMSA will consider DTI’s waiver ‘‘E-FILING’’ link. Any person submitting
lieu of radiography—as an acceptable request and whether DTI’s proposal will a filing in the traditional paper format
alternative non-destructive testing yield an equivalent or greater degree of should send an original and 10 copies
method. DTI proposes to use ultrasonic safety than that currently provided by of the filing (referring to STB Ex Parte
examination on its project. The the regulations. This Notice is PHMSA’s No. 661) to: Surface Transportation
ultrasonic examination consists of full only request for public comment before Board, Attn: STB Ex Parte No. 661, 1925
semi-automated and manual making a decision. After considering K Street, NW., Washington, DC 20423–
examination using shear wave probes, any comments received, PHMSA will 0001.
and volumetric examination using a either grant DTI’s waiver request as FOR FURTHER INFORMATION, CONTACT:
combination of creep wave probes and proposed or with modifications and Joseph H. Dettmar, (202) 565–1609.
focused angled longitudinal wave conditions or deny DTI’s request. If the [Assistance for the hearing impaired is
probes. waiver is granted and PHMSA available through the Federal
NFPA 59A Technical Committee subsequently determines that the effect Information Relay Service (FIRS) at:
recently approved and recommended of the waiver is inconsistent with (800) 877–8339.]
the acceptance of the Tenth Edition, pipeline safety, PHMSA may revoke the SUPPLEMENTARY INFORMATION: The Board
2002 of API 620. PHMSA has not yet waiver at its sole discretion. will hold a public hearing to provide a
adopted the Tenth Edition, 2002 of API
Authority: 49 U.S.C. 60118(c) and 49 CFR forum for the expression of views by rail
620, and has not yet incorporated it by
1.53. shippers, railroads, and other interested
reference in Appendix A to Part 193;
therefore, a waiver is required. Issued in Washington, DC, on March 13, persons, on the manner in which fuel
DTI asserts that ultrasonic 2006. surcharges are calculated and charged
examination is more sensitive than Joy Kadnar, by railroads. The cost of fuel is a
radiographic examination to detect the Director of Engineering and Engineering
significant component of the operating
type of flaws most susceptible in the Support. costs of providing rail service, and
design and construction of large welded [FR Doc. E6–3853 Filed 3–16–06; 8:45 am]
railroads can reasonably be expected to
low pressure storage tanks. DTI further devise methods to collect increases in
BILLING CODE 4910–60–P
asserts that any potentially detrimental those costs from their shippers.
weld defect in the container walls will However, the rail shipper community
be identifiable using the ultrasonic DEPARTMENT OF TRANSPORTATION has voiced concerns that recent fuel
examination method. surcharges collected by railroads are
DTI concludes that the alternative Surface Transportation Board designed to recover amounts over and
method of inspection allowed by the above increased fuel costs.
[STB Ex Parte No. 661] A surcharge is a separately identified
current Tenth Edition, Addendum 1, of
API 620, will not reduce the integrity of Rail Fuel Surcharges component of the total rate that is
the installation, and will in fact enhance charged for the transportation involved.
the quality of the inspection by using AGENCY: Surface Transportation Board, The Board’s authority to regulate the
modern inspection technology while DOT. level of a railroad’s rates is limited. The
improving personnel safety and ACTION: Notice of public hearing. Board only has jurisdiction over a
information sharing. railroad’s common carriage rates, not
SUMMARY: The Surface Transportation rates governed by a rail transportation
For the reasons stated, DTI is
Board (Board) will hold a public hearing contract negotiated by the shipper and
requesting a waiver from 49 CFR
beginning at 9 a.m. on Thursday, May railroad. 49 U.S.C. 10709. Even as to a
193.2301, and is asking that it be
11, 2006, at its offices in Washington, railroad’s common carriage rates, the
allowed to use the ultrasonic
DC, to provide interested persons an Board can review the level of the rate
examination method according to the
opportunity to express their views on only if there is no effective competition
Tenth Edition, Addendum 1, of API 620,
the subject of fuel surcharges collected from other rail carriers or modes of
in lieu of the radiographic examination
by railroads. Persons wishing to speak at transportation for the transportation to
method as specified by the Eighth
the hearing should notify the Board in which the rate applies. 49 U.S.C.
Edition of API 620.
writing. 10707(a). Moreover, Congress has
System Description DATES: The public hearing will take precluded the Board from regulating
DTI’s Cove Point LNG, liquid propane place on May 11, 2006. Any person rates which produce revenues that are
(LP) terminal is located on the wishing to speak at the hearing should less than 180% of the carrier’s variable
Chesapeake Bay in Lusby, Maryland. file with the Board a written notice of costs of providing the service involved.
DTI is engaged in an expansion project intent to participate, and should 49 U.S.C. 10707(d)(1)(A). Therefore, this
that will increase its plant daily output indicate a requested time allotment, as hearing is not intended to address the
capacity from 1 billion cubic feet (Bcf) soon as possible but no later than April level of surcharges.
per day to 1.8 Bcf per day. DTI has 20, 2006. Each speaker should also file On the other hand, the Board has
sought approval from the Federal with the Board his/her written broad authority over the reasonableness
Energy Regulatory Commission for this testimony by April 27, 2006. Written of a railroad’s practices. 49 U.S.C.
project; and if granted, DTI’s storage submissions by interested persons who 10702(2). The Board cannot use its
capacity at the terminal is expected to do not wish to appear at the hearing will authority over the reasonableness of a
increase to approximately 14.5 Bcf. also be due by April 27, 2006. carrier’s practices to regulate the level of
DTI’s Cove Point Expansion Project ADDRESSES: All notices of intent to a carrier’s rates. See Union Pacific R.R.
consists of two tanks each with a participate and testimony may be v. ICC, 867 F.2d 646 (DC Cir. 1989). But,
sroberts on PROD1PC70 with NOTICES

volume of approximately one million submitted either via the Board’s e-filing to the extent that shippers are
barrels. The outer wall of each container format or in the traditional paper complaining of the railroad practice of
is constructed of carbon steel and the format. Any person using e-filing should labeling a rate increase as a fuel
inner wall is constructed of 9% nickel comply with instructions on the Board’s surcharge when the increase is not
steel. http://www.stb.dot.gov Web site, at the directly and closely correlated to

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