[Federal Register Volume 61, Number 56 (Thursday, March 21, 1996)]
[Notices]
[Page 11677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6833]



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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
[Docket No. PDA-14(R)]


Application by National Tank Truck Carriers, Inc. for a 
Preemption Determination as to Hazardous Materials Requirements Imposed 
by the City of El Paso, Texas

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

ACTION: Notice dismissing application and closing the docket.

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APPLICANT: National Tank Truck Carriers, Inc. (NTTC).

LOCAL LAW AFFECTED: Title 9, Chapter 9.56 of the City of El Paso, Texas 
Municipal Code requiring motor carriers or operators that transport 
hazardous materials to obtain a permit based on inspections which are 
conducted only during limited time periods, from November 1 through 
December 31 of each year.

APPLICABLE FEDERAL REQUIREMENTS: Federal hazardous materials 
transportation law, 49 U.S.C. Sec. 5101 et seq., and the Hazardous 
Materials Regulations, 49 CFR Parts 171-180.

SUMMARY: The application for a determination of preemption is 
dismissed, and this docket is closed because the City of El Paso passed 
an ordinance that deleted the permit requirement for transportation of 
hazardous materials in El Paso.

FOR FURTHER INFORMATION CONTACT: Karin V. Christian, Attorney, Office 
of the Chief Counsel, Research and Special Programs Administration, 
U.S. Department of Transportation, 400 Seventh Street SW., Washington, 
DC 20590-0001 (Tel. No. [202] 366-4400).

SUPPLEMENTARY INFORMATION: On December 10, 1995, NTTC applied for a 
determination that the Federal hazardous material transportation law 
preempts certain provisions of Chapter 9.56 of the City of El Paso, 
Texas Municipal Code requiring motor carriers and operators 
transporting hazardous materials to obtain permits based on inspections 
conducted only during limited periods of time, from November 1 through 
December 31 of each year.
    On January 19, 1996, RSPA published a Public Notice and Invitation 
to Comment (Notice) on NTTC's application. 61 FR 1432. Five comments 
were received in response to the Notice.
    On February 15, 1996, the Office of the City Attorney of the City 
of El Paso forwarded a copy of an ordinance amendment to RSPA. This 
amendment deleted the permit requirement for transportation of 
hazardous materials in El Paso. The amendment was introduced at an El 
Paso City Council meeting on February 13, 1996 and on February 27, 
1996, the City Council approved the ordinance amendment deleting the 
permit requirement.

    After receiving a copy of the approved amended ordinance, NTTC 
submitted a written request to RSPA on March 7, 1996, withdrawing 
NTTC's application for a preemption determination and stating that the 
amendment has rendered moot its concerns. Therefore, NTTC's application 
is dismissed, and the docket is closed.

    Issued in Washington, DC on March 15, 1996.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-6833 Filed 3-20-96; 8:45 am]
BILLING CODE 4910-60-P