[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38513-38514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18821]


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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
[Preemption Determination Nos. PD-8(R), PD-9(R), PD-10(R), and PD-
11(R); Docket Nos. PDA-9(R), PDA-7(R), PDA-10(R), and PDA-11(R), 
respectively]


California and Los Angeles County Requirements Applicable to On-
Site Handling and Transportation of Hazardous Materials; Decision on 
Petition for Reconsideration

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

ACTION: Notice of Deferral of Decision on Petitions for Reconsideration 
of Administrative Determination of Preemption.

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SUMMARY: RSPA is deferring action on a decision with respect to the 
petitions for reconsideration of PD-8, PD-9, PD-10 and PD-11 until the 
agency can complete a rulemaking, RSPA Docket HM-223, which focuses on 
numerous issues that are raised in the petitions for reconsideration. 
Specifically, both the petitions for reconsideration and RSPA Docket 
HM-223 raise issues regarding the on-site handling and transportation 
of hazardous materials and whether certain transportation and unloading 
activities are regulated under the HMR. RSPA is deferring action on the 
petitions for reconsideration in order to avoid prejudging matters that 
are more appropriately handled through notice-and-comment procedures.

FOR FURTHER INFORMATION CONTACT: Nancy E. Machado, Office of the Chief 
Counsel, Research and Special Programs Administration, U.S. Department 
of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001, 
telephone 202-366-4400.

SUPPLEMENTARY INFORMATION: On February 15, 1995, RSPA published its 
determinations in PD-8(R), PD-9(R), PD-10(R), and PD-11(R) (Docket Nos. 
PDA-9(R), PDA-7(R), PDA-10(R), and PDA-11(R), respectively) (60 FR 
8774). RSPA did not preempt the two California statutory provisions or 
34 of the 40 Los Angeles County regulations at issue. The State and 
local requirements related to permits; fees; on-site hazard 
communication; the definition, classification, transportation, storage, 
handling and unloading of hazardous materials at consignee facilities; 
and container design and construction. RSPA did, however, preempt six 
Los Angeles County regulations. RSPA found that those regulations 
restricted tank car unloading and imposed fees, which were not used for 
hazardous materials transportation

[[Page 38514]]

purposes, on consignee unloading activities.
    Within the 20-day time period provided in 49 CFR 107.211(a), HASA, 
Inc., The Society of the Plastics Industry, Inc.; National Propane Gas 
Association; Pioneer Chlor Alkali Company, Inc.; National Tank Truck 
Carriers, Inc.; and Chlorine Institute, Inc. and Chemical 
Manufacturers' Association (Petitioners) filed petitions for 
reconsideration of RSPA's determinations. The petitioners raised 
numerous issues regarding the on-site handling and transportation of 
hazardous materials, and questioned whether certain transportation and 
unloading activities are regulated under the HMR.
    RSPA currently is engaged in a rulemaking, RSPA Docket HM-223, 
which directly addresses the issues raised by the petitioners. In 
recent years, RSPA has issued a number of interpretations, 
inconsistency rulings and preemption determinations in response to 
public requests for clarification regarding the meaning of the term 
``transportation in commerce'' and whether particular activities fall 
under that term and, thus, are subject to the HMR. Although these 
documents are publicly available, the regulated industry, Federal 
agencies, States, local governments, and Indian tribes have not been 
consistently aware of their existence and availability. Furthermore, 
some of the interpretations and decisions in these documents need to be 
revised in light of changes in DOT's, and other Federal agencies', 
statutory authority. In Docket HM-223, RSPA is proposing to 
consolidate, clarify, and revise, as necessary, these interpretations, 
rulings and decisions, and make them part of the HMR.
    Based on the above, RSPA will defer issuing a decision with respect 
to the petitions for reconsideration until the rulemaking is completed. 
RSPA is taking this action in order to avoid prejudging issues which 
are more appropriately handled through the notice-and-comment process 
under the Administrative Procedure Act, 5 U.S.C. 553. An Advance Notice 
of Proposed Rulemaking; Notice of Public Meeting, under RSPA Docket HM-
223 will be published in the Federal Register at a later date.

    Issued in Washington, DC on July 18, 1996.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 96-18821 Filed 7-23-96; 8:45 am]
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