[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Notices]
[Pages 75858-75859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7637]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-20930 (PDA-31(F))]


Notice of Delay in Processing the Application by American 
Trucking Associations, Inc. for a Preemption Determination Concerning 
the District of Columbia Restrictions Regarding Highway Routing of 
Certain Hazardous Materials

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice.

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SUMMARY: In accordance with statutory requirements, FMCSA is publishing 
a notice of delay in processing the American Trucking Associations, 
Inc.'s (ATA) application for a preemption determination. FMCSA is 
conducting fact-finding in response to ATA's request, and is delaying 
issuance of its determination in order to allow time for appropriate 
consideration of the issues raised by ATA's application.

FOR FURTHER INFORMATION CONTACT: James Simmons, Chief, Hazardous 
Materials Division (MC-ECH), (202) 493-0496; Federal Motor Carrier 
Safety Administration, 400 Seventh Street, SW., Washington, DC 20590-
0001. Office hours are from 7:45 a.m. to 4:15 p.m., ET, Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: ATA applied for an administrative 
determination that Federal hazardous

[[Page 75859]]

material transportation law, 49 U.S.C. 5101 et seq., and FMCSA 
regulations, 49 CFR part 397, preempt routing requirements contained in 
the Terrorism Prevention in Hazardous Materials Transportation 
Emergency Act of 2005 [D.C. Act 16-43, February 15, 2005, 52 CDR 3048] 
(``DC Act''), passed by the Council of the District of Columbia on 
February 1, 2005, and signed by the Mayor on February 15, 2005.
    FMCSA published notice of ATA's application in the Federal Register 
on April 20, 2005, at 70 FR 20630. Title 49 U.S.C. 5125(d) requires 
FMCSA to issue a decision on ATA's application ``within 180 days after 
the date of the publication of the notice of having received such 
application, or the Secretary shall publish a statement in the Federal 
Register of the reason why the Secretary's decision on the application 
is delayed, along with an estimate of the additional time necessary 
before the decision is made.''
    ATA's application for a preemption determination is still under 
consideration by FMCSA. The Agency currently is conducting fact-finding 
in response to the application. Because of this additional fact-
finding, it is impracticable to issue a decision within the 180-day 
timeframe. In order to allow time for appropriate consideration of the 
issues raised by ATA's application, FMCSA delays issuance of its 
determination, and estimates a decision will be published in the spring 
of 2006.

    Issued on: December 14, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. E5-7637 Filed 12-20-05; 8:45 am]
BILLING CODE 4910-EX-P