80 FR 23328 - New York City Permit Requirements for Transportation of Certain Hazardous Materials

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 80, Issue 80 (April 27, 2015)

Page Range		23328-23329
FR Document		2015-09634

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.

Federal Register, Volume 80 Issue 80 (Monday, April 27, 2015)

[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Pages 23328-23329]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-60-P

23328 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Notices

Average time
Respondent Total annual Total annual
FRA Safety Advisory 2015–02; Docket No. PHMSA–2015–0118 per response
universe responses burden hours
(hours)

(1) Records of High Hazard Flammable Trains Containing Infor- 70 Railroads ......... 50 Records ........... 2 100
mation Specified in This Safety Advisory Provided Upon Re-
quest to FRA/PHMSA Personnel After Train Accident.

Form Number(s): N/A. Department of Transportation, 1200 DEPARTMENT OF TRANSPORTATION
Respondent Universe: 70 Railroads. New Jersey Avenue SE., Washington,
Frequency of Submission: One-time; DC 20590; telephone No. 202–366–4400; Pipeline and Hazardous Materials
on occasion. facsimile No. 202–366–7041. Safety Administration
Total Estimated Responses: 50. [Docket No. PHMSA–2014–0003 (PDA–
Total Estimated Annual Burden: 100 SUPPLEMENTARY INFORMATION: ATA
37(R))]
hours. applied for an administrative
Status: Emergency Review. determination concerning whether New York City Permit Requirements for
Pursuant to 44 U.S.C. 3507(a) and 5 Federal hazardous material Transportation of Certain Hazardous
CFR 320.5(b), 1320.8(b)(3)(vi), FRA transportation law, 49 U.S.C. 5101 et Materials
informs all interested parties that it may seq., preempts requirements of the City
not conduct or sponsor, and a of Pittsburgh, Pennsylvania for a permit AGENCY: Pipeline and Hazardous
respondent is not required to respond to transport hazardous materials by Materials Safety Administration
to, a collection of information unless it motor vehicle and the fee to obtain the (PHMSA), DOT.
displays a currently valid OMB control permit. PHMSA published notice of ACTION: Notice.
number. ATA’s application in the Federal SUMMARY: In accordance with statutory
Authority: 44 U.S.C. 3501–3520. Register on April 17, 2014. 79 FR 21840. requirements, PHMSA is publishing a
Erin McCartney, Title 49 U.S.C. 5125(d)(1) requires notice of delay in processing the
PHMSA to issue a decision on an American Trucking Associations, Inc.’s
Budget Director.
application for a preemption (ATA) application for a preemption
[FR Doc. 2015–09703 Filed 4–24–15; 8:45 am]
determination ‘‘within 180 days after determination concerning requirements
BILLING CODE 4910–06–P of the New York City Fire Department
the date of the publication of the notice
of having received such application, or for a permit to transport certain
the Secretary shall publish a statement hazardous materials by motor vehicle
DEPARTMENT OF TRANSPORTATION through New York City, or for
in the Federal Register of the reason
Pipeline and Hazardous Materials why the Secretary’s decision on the transshipment from New York City, and
Safety Administration application is delayed, along with an the fee for the permit. PHMSA is
estimate of the additional time conducting fact-finding and legal
[Docket No. PHMSA–2014–0002 (PDA– analysis in response to the request, and
36(R))] necessary before a decision is made.’’
is delaying issuance of its determination
ATA’s application for a preemption in order to allow time for appropriate
Pittsburgh, Pennsylvania Permit determination is still under consideration of the issues raised by the
Requirements for Transportation of consideration by PHMSA. The Agency application.
Hazardous Material is currently conducting fact-finding and FOR FURTHER INFORMATION CONTACT:
AGENCY: Pipeline and Hazardous legal analysis in response to the Vincent Lopez, Office of Chief Counsel
Materials Safety Administration application. Because of this additional (PHC–10), Pipeline and Hazardous
(PHMSA), DOT. fact-finding and legal analysis, it was Materials Safety Administration, U.S.
ACTION: Notice. impracticable to issue a decision within Department of Transportation, 1200
the 180-day timeframe. In order to allow New Jersey Avenue SE., Washington,
SUMMARY: In accordance with statutory time for full consideration of the issues DC 20590; telephone No. 202–366–4400;
requirements, PHMSA is publishing a raised by the application, PHMSA facsimile No. 202–366–7041.
notice of delay in processing the delays issuance of its determination, SUPPLEMENTARY INFORMATION: ATA
American Trucking Associations, Inc.’s and estimates a decision will be applied for an administrative
(ATA) application for a preemption published in approximately 120 days. determination concerning whether
determination concerning requirements Federal hazardous material
of the City of Pittsburgh, Pennsylvania Issued in Washington, DC, on April 21,
2015.
transportation law, 49 U.S.C. 5101 et
for a permit to transport hazardous seq., preempts requirements of the New
materials by motor vehicle and the fee Joseph Solomey,
York City Fire Department for a permit
to obtain the permit. PHMSA is Senior Assistant Chief Counsel. to transport certain hazardous materials
conducting fact-finding and legal [FR Doc. 2015–09632 Filed 4–24–15; 8:45 am] by motor vehicle through New York
analysis in response to the request, and BILLING CODE 4910–60–P City, or for transshipment from New
is delaying issuance of its determination York City, and the fee for the permit.
Rmajette on DSK2VPTVN1PROD with NOTICES

in order to allow time for appropriate PHMSA published notice of ATA’s
consideration of the issues raised by the application in the Federal Register on
application. April 17, 2014. 79 FR 21838.
FOR FURTHER INFORMATION CONTACT: Title 49 U.S.C. 5125(d)(1) requires
Vincent Lopez, Office of Chief Counsel PHMSA to issue a decision on an
(PHC–10), Pipeline and Hazardous application for a preemption
Materials Safety Administration, U.S. determination ‘‘within 180 days after

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Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Notices 23329

the date of the publication of the notice Background please contact one of the Department
of having received such application, or In 2012, pursuant to section 415 of the contacts noted above. If a carrier needs
the Secretary shall publish a statement FAA Modernization and Reform Act of to register for the first time and create
in the Federal Register of the reason 2012, 49 U.S.C. 42301, (‘‘the Act’’) U.S. an account, click on the hyperlink titled
why the Secretary’s decision on the carriers operating scheduled passenger ‘‘Create Account to Submit Tarmac
application is delayed, along with an service or public charter service using Delay Contingency Plan’’ in the blue
estimate of the additional time any aircraft with a design capacity of 30 sign-in box on the home page of the
necessary before a decision is made.’’ or more seats, and airport operators of established Web site. For further
ATA’s application for a preemption large hub, medium hub, small hub, or reference, more detailed instructions
determination is still under non-hub U.S. airports were required to regarding registering an account and
consideration by PHMSA. The Agency submit contingency plans for lengthy submitting plans can be found at
is currently conducting fact-finding and tarmac delay plans to the Secretary of www.dot.gov/airconsumer/flight-delays.
legal analysis in response to the Transportation for review and approval See May 2, 2012 Notice.
application. Because of this additional Pursuant to the Act, the Enforcement
by May 14, 2012. Covered carriers and
fact-finding and legal analysis, it was Office will have 60 days from receipt of
airports submitted their tarmac delay
impracticable to issue a decision within a plan to review and approve a plan or,
plans by the statutory deadline of May
the 180-day timeframe. In order to allow if necessary, require modifications to
14, 2012, and within 60 days of receipt
time for full consideration of the issues the updated plan. 49 U.S.C. 42301(e)(1).
of a tarmac delay plan, the Enforcement
raised by the application, PHMSA If the Enforcement Office fails to
Office reviewed, approved, or, if
delays issuance of its determination, approve or require modifications to an
necessary, required modifications to
and estimates a decision will be updated plan within the 60-day
submitted plans. The Enforcement
published in approximately 120 days. timeframe, the plan shall be deemed
Office completed the process on August
approved. 49 U.S.C. 42301(e)(2).
Issued in Washington, DC, on April 21, 23, 2012, after reviewing, requesting
To the extent carriers do not have any
2015. modifications, and approving 451 plans.
updates for their plans, the Enforcement
Joseph Solomey, The purpose of this notice is to
Office will accept resubmission of the
Senior Assistant Chief Counsel. address the Act’s recurring ‘‘updates’’
same plan. The language of the statute
provision, 49 U.S.C. 42301(d)(1), which
[FR Doc. 2015–09634 Filed 4–24–15; 8:45 am] is clear, ‘‘an air carrier shall update each
requires covered air carriers to resubmit
BILLING CODE 4910–60–P emergency contingency plan submitted
updated plans every three years to the
by the carrier [] every 3 years and
Secretary for review and approval.1 As
submit the update to the Secretary for
DEPARTMENT OF TRANSPORTATION such, covered carriers are required to
review and approval.’’ 49 U.S.C.
update their plans and submit the
42301(d)(1).
Office of the Secretary updated plan for review and approval
by May 14, 2015. The submission and Issued this 21st day of April 2015, at
review process will be identical to the Washington, DC.
[Docket No. DOT–OST–2012–0028] Blane A. Workie,
process used in May 2012.
Submission of U.S. Carrier Updated Similar to 2012, the Department’s Assistant General Counsel for Aviation
Bureau of Transportation Statistics Enforcement and Proceedings, U.S.
Tarmac Delay Contingency Plans to Department of Transportation.
Department of Transportation for (BTS) has identified a preliminary list of
Approval those carriers that the Department [FR Doc. 2015–09716 Filed 4–24–15; 8:45 am]
believes to be covered by the statute. BILLING CODE 4910–9X–P
AGENCY:Office of the Secretary (OST), The preliminary list can be found on the
Department of Transportation (DOT). Department’s Aviation Consumer
Protection Division Web site at DEPARTMENT OF THE TREASURY
ACTION: Notice.
www.dot.gov/airconsumer/flight-delays.
Any U.S. carrier on the referenced list Office of Foreign Assets Control
SUMMARY: The purpose of this document
is to serve as notice to covered U.S. that believes it is not covered by the
statute and should not be on the list Sanctions Actions Pursuant to
carriers of the statutory obligation, Executive Order 13611
pursuant to the FAA Modernization and should notify one of the Department
Reform Act, 49 U.S.C. 42301(d), to contacts listed above as soon as AGENCY: Office of Foreign Assets
submit updated tarmac delay possible. Similarly, if any U.S. carrier Control, Treasury.
contingency plans on or before May 14, believes it is covered by the statute but ACTION: Notice.
2015, to the U.S. Department of does not appear on the list, that carrier
should notify one of the Department SUMMARY: The Treasury Department’s
Transportation’s Office of Aviation
contacts noted above. Office of Foreign Assets Control (OFAC)
Enforcement and Proceedings
Regarding the submission of updated is publishing the names of 2 individuals
(Enforcement Office). We request that
plans, we request that carriers submit whose property and interests in
covered carriers submit their plans
their plans through the established Web property are blocked pursuant to
through the established Web site:
site: http:// Executive Order (E.O.) 13611 and whose
http://filingtarmacdelayplan.dot.gov.
filingtarmacdelayplan.dot.gov. Most names have been added to OFAC’s list
FOR FURTHER INFORMATION CONTACT: covered carriers already have an of Specially Designated Nationals and
Rmajette on DSK2VPTVN1PROD with NOTICES

Laura Jennings, Office of the General account created, but for any questions Blocked Persons (SDN List).
Counsel, U.S. Department of (e.g., forgotten usernames or passwords), DATES: OFAC’s actions described in this
Transportation, 1200 New Jersey Ave. notice were effective April 14, 2015.
SE., W–96–429, Washington, DC 20590; 1 Airports are also required to submit updated
FOR FURTHER INFORMATION CONTACT:
Phone: (202) 366–9342; Fax: (202) 366– plans on a recurring basis. 49 U.S.C. 42301(d)(2).
Associate Director for Global Targeting,
7152; Email: Laura.Jennings@dot.gov. The requirement for airports is every five years,
thus the next submission deadline for covered tel.: 202/622–2420, Assistant Director
SUPPLEMENTARY INFORMATION: airports will occur in May 2017. for Sanctions Compliance & Evaluation,

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Document Created: 2015-12-16 08:30:06
Document Modified: 2015-12-16 08:30:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
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.
FR Citation		80 FR 23328

80 FR 23328 - New York City Permit Requirements for Transportation of Certain Hazardous Materials

DEPARTMENT OF TRANSPORTATIONPipeline and Hazardous Materials Safety Administration

Federal Register Volume 80, Issue 80 (April 27, 2015)

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration