[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Notices]
[Pages 59244-59245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24880]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2014-0003; PDA-37(R)]
Hazardous Materials: New York City Permit Requirements for
Transportation of Certain Hazardous Materials
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice, and request for comments.
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SUMMARY: PHMSA is reopening the period for comments on the American
Trucking Associations, Inc.'s (ATA) application for a preemption
determination concerning the requirements of the New York City Fire
Department for a permit to transport certain hazardous materials by
motor vehicles through New York City, or for transshipment from New
York City, and the fee for the permit.
DATES: Interested persons are invited to submit comments on, or before
November 2, 2015, and these comments will be considered before an
administrative determination is issued by PHMSA's Chief Counsel.
ADDRESSES: All documents in this proceeding, including the comments
submitted by the New York City Fire Department (FDNY), may be reviewed
in the Docket Operations Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590. All documents in this
proceeding are also available on the U.S. Government Regulations.gov
Web site: http://www.regulations.gov. Comments must refer to Docket No.
PHMSA-2014-0003 and may be submitted to the docket in writing or
electronically. Mail or hand deliver three copies of each written
comment to the above address. If you wish to receive confirmation of
receipt of your comments, include a self-addressed, stamped postcard.
To submit comments electronically, log onto the U.S. Government
Regulations.gov Web site: http://www.regulations.gov. Use the Search
Documents section of the home page and follow the instructions for
submitting comments. Anyone is able to search the electronic form of
all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (70 FR 19477-78), or you may visit http://www.dot.gov.
FOR FURTHER INFORMATION CONTACT: Vincent Lopez, Office of Chief
Counsel, 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. On June 2, 2014, the comment period closed
without any interested parties submitting comments. On April 27, 2015,
we published a notice of delay in
[[Page 59245]]
processing ATA's application in order to conduct additional fact-
finding and legal analysis in response to the application. 80 FR 23328.
In order to ensure PHMSA has all of the relevant information before
making a determination, we sent a letter to the FDNY and requested that
it submit comments as to whether Federal hazardous material
transportation law preempts the New York City requirements that are the
subject of this proceeding. On August 20, 2015, the FDNY submitted its
comments on ATA's application. Therefore, we are reopening the comment
period in this proceeding to provide interested parties the opportunity
to address any of the issues raised by the FDNY in its comments.
Issued in Washington, DC, on September 25, 2015.
Joseph Solomey,
Senior Assistant Chief Counsel.
[FR Doc. 2015-24880 Filed 9-30-15; 8:45 am]
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