[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Notices]
[Pages 59231-59232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28615]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration
[Docket No. RSPA-98-3577 (PDA-18(R))]


Application by Association of Waste Hazardous Materials 
Transporters for a Preemption Determination as to Broward County 
Florida's Requirements on the Transportation of Certain Hazardous 
Materials To or From Points in the County

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

ACTION: Public notice reopening comment.

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SUMMARY: The Association of Waste Hazardous Materials Transporters 
(AWHMT) has applied to RSPA for a determination that the Federal 
hazardous materials transportation law preempts certain Broward County, 
Florida (the County) requirements pertaining to the transportation of 
hazardous materials to or from points in the County. AWHMT's 
application is set forth in RSPA's August 6, 1998 public notice and 
invitation to comment (63 FR 42098). On September 28, 1999, the Broward 
County Commissioners approved revisions to the County ordinance that is 
the subject of AWHMT's application. This Notice reopens the comment 
period to provide an opportunity to comment on the revised ordinance.

DATES: RSPA will consider comments that are received on or before 
December 17, 1999, and rebuttal comments that are received on or before 
January 31, 2000, before an administrative ruling is issued by RSPA's 
Associate Administrator for Hazardous Materials Safety. These 
additional comments may address only the revised ordinance.

ADDRESSES: You may view AWHMT's application, the revised ordinance, and 
all comments and other documents submitted in this proceeding in the 
Dockets Office, U.S. Department of Transportation, Room PL-401, 400 
Seventh Street, SW, Washington, DC 20590-0001. All documents filed in 
this proceeding are also available on-line through the home page of 
DOT's Docket Management System, at ``http://dms.dot.gov''.
    Please submit all additional comments on the revised ordinance to 
the Dockets Office at the above address. Please submit three copies of 
each written comment. You may also submit comments electronically by 
logging on to the Documents Management System at ``http://
dms.dot.gov''. Click on ``Help & Information'' to obtain instructions 
for filing the document electronically.
    Comments must include the Docket Number RSPA-98-3557. You must also 
send a copy of each comment to (1) Mr. Michael Carney, Chairman, 
Association of Waste Hazardous Materials Transporters, 2200 Mill Road, 
Alexandria, VA 22314, and (2) Mr. Edward A. Dion, County Attorney, 115 
S. Andrews Avenue, Suite 423, Fort Lauderdale, FL 33301. You must 
include a certification that a copy has been sent to these persons with 
your comments. (The following format is suggested: ``I certify that 
copies of this comment have been sent to Messrs. Carney and Copelan at 
the addresses specified in the Federal Register.'')

FOR FURTHER INFORMATION CONTACT: Donna L. O'Berry, Office of the Chief 
Counsel, Research and Special Programs Administration, (Tel. No. 202-
366-4400).

SUPPLEMENTARY INFORMATION:

I. Background

    On April 9, 1998, AWHMT applied for a determination that the 
Federal hazardous material transportation law preempts certain 
provisions of the Broward County Code of Ordinances 93-47, Chapter 27, 
(the Ordinance) pertaining to the transportation of hazardous materials 
within the County. On August 6, 1998, RSPA published a Public notice 
and invitation to comment on AWHMT's application (63 FR 42098). The 
Notice set forth the text of AWHMT's application and asked that 
comments be filed with RSPA on or before September 21, 1998 and that 
rebuttal comments be filed on or before November 4, 1998.
    On October 26, 1998 the County requested that RSPA stay its review 
of AWHMT's application for six to eight months. The County requested a 
stay because it was proposing changes to the Ordinance that would 
possibly resolve the preemption issues raised in AWHMT's application. 
On March 15, 1999, RSPA granted the County's request for a stay. The 
stay was effective until July 1, 1999. On September 28, 1999, the 
Broward County Commissioners adopted Ordinance No. 1999-53, (the 
revised Ordinance), which amended Chapter 27. A copy of the revised 
Ordinance is available through the Docket Management System at the 
address and Internet site listed above. The document number for the 
revised Ordinance is RSPA-1998-3577-23.

[[Page 59232]]

II. Matters That May Be Addressed in Additional Comments

    The revised Ordinance amends, relocates and removes several 
provisions that AWHMT challenges in its application. The revised 
Ordinance also creates a new Article XVII, which is entitled ``Waste 
Transporters''.
    In accordance with 49 CFR 107.219(a), RSPA invites all interested 
parties to comment on the revised Ordinance.
    It appears that the revised Ordinance substantially modifies the 
previous version of the Ordinance. Therefore, in accordance with 49 CFR 
107.219(b), AWHMT is directed to supplement its application, to the 
extent necessary, to reflect the recent revisions to the Ordinance. For 
example, AWHMT should ensure that the revisions to the Ordinance have 
not affected its substantive arguments and it should ensure the 
accuracy of its citations to particular provisions of the Ordinance.

    Issued in Washington, D.C. on October 27, 1999.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 99-28615 Filed 11-1-99; 8:45 am]
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