[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Pages 23328-23329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09634]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2014-0003 (PDA-37(R))]
New York City Permit Requirements for Transportation of Certain
Hazardous Materials
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice.
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SUMMARY: In accordance with statutory requirements, PHMSA is publishing
a notice of delay in processing the American Trucking Associations,
Inc.'s (ATA) application for a preemption determination concerning
requirements of the New York City Fire Department for a permit to
transport certain hazardous materials by motor vehicle through New York
City, or for transshipment from New York City, and the fee for the
permit. PHMSA is conducting fact-finding and legal analysis in response
to the request, and is delaying issuance of its determination in order
to allow time for appropriate consideration of the issues raised by the
application.
FOR FURTHER INFORMATION CONTACT: Vincent Lopez, Office of Chief Counsel
(PHC-10), Pipeline and Hazardous Materials Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Avenue SE., Washington,
DC 20590; telephone No. 202-366-4400; facsimile No. 202-366-7041.
SUPPLEMENTARY INFORMATION: ATA applied for an administrative
determination concerning whether Federal hazardous material
transportation law, 49 U.S.C. 5101 et seq., preempts requirements of
the New York City Fire Department for a permit to transport certain
hazardous materials by motor vehicle through New York City, or for
transshipment from New York City, and the fee for the permit. PHMSA
published notice of ATA's application in the Federal Register on April
17, 2014. 79 FR 21838.
Title 49 U.S.C. 5125(d)(1) requires PHMSA to issue a decision on an
application for a preemption determination ``within 180 days after
[[Page 23329]]
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 a decision is made.''
ATA's application for a preemption determination is still under
consideration by PHMSA. The Agency is currently conducting fact-finding
and legal analysis in response to the application. Because of this
additional fact-finding and legal analysis, it was impracticable to
issue a decision within the 180-day timeframe. In order to allow time
for full consideration of the issues raised by the application, PHMSA
delays issuance of its determination, and estimates a decision will be
published in approximately 120 days.
Issued in Washington, DC, on April 21, 2015.
Joseph Solomey,
Senior Assistant Chief Counsel.
[FR Doc. 2015-09634 Filed 4-24-15; 8:45 am]
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