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)

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, Number 80 (Monday, April 27, 2015)]
[Notices]
[Pages 23328-23329]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09634]


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

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