80 FR 59244 - Hazardous Materials: 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 190 (October 1, 2015)

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.

[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Notices]
[Pages 59244-59245]
From the Federal Register Online  [www.thefederalregister.org]
[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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