80_FR_59434 80 FR 59244 - Hazardous Materials: New York City Permit Requirements for Transportation of Certain Hazardous Materials

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)

Page Range59244-59245
FR Document2015-24880

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 Issue 190 (Thursday, October 1, 2015)
[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.

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

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]
BILLING CODE 4910-60-P



                                                   59244                        Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices

                                                   52441).1 The revision must provide for                   specific section of this document to                 November 2, 2015, and these comments
                                                   individual assessment of drivers with                    which each comment applies, and                      will be considered before an
                                                   diabetes mellitus, and be consistent                     provide a reason for each suggestion or              administrative determination is issued
                                                   with the criteria described in section                   recommendation. If you submit your                   by PHMSA’s Chief Counsel.
                                                   4018 of the Transportation Equity Act                    comments by mail or hand delivery,                   ADDRESSES: All documents in this
                                                   for the 21st Century (49 U.S.C. 31305).                  submit them in an unbound format, no                 proceeding, including the comments
                                                      Section 4129 requires: (1) Elimination                larger than 81⁄2 by 11 inches, suitable for          submitted by the New York City Fire
                                                   of the requirement for 3 years of                        copying and electronic filing. If you                Department (FDNY), may be reviewed
                                                   experience operating CMVs while being                    submit comments by mail and would                    in the Docket Operations Facility (M–
                                                   treated with insulin; and (2)                            like to know that they reached the                   30), U.S. Department of Transportation,
                                                   establishment of a specified minimum                     facility, please enclose a stamped, self-            West Building Ground Floor, Room
                                                   period of insulin use to demonstrate                     addressed postcard or envelope.                      W12–140, 1200 New Jersey Avenue SE.,
                                                   stable control of diabetes before being                     We will consider all comments and                 Washington, DC 20590. All documents
                                                   allowed to operate a CMV.                                material received during the comment                 in this proceeding are also available on
                                                      In response to section 4129, FMCSA                    period and may change this proposed                  the U.S. Government Regulations.gov
                                                   made immediate revisions to the                          rule based on your comments. FMCSA                   Web site: http://www.regulations.gov.
                                                   diabetes exemption program established                   may issue a final rule at any time after             Comments must refer to Docket No.
                                                   by the September 3, 2003 notice.                         the close of the comment period.                     PHMSA–2014–0003 and may be
                                                   FMCSA discontinued use of the 3-year                                                                          submitted to the docket in writing or
                                                   driving experience and fulfilled the                     V. Viewing Comments and Documents
                                                                                                                                                                 electronically. Mail or hand deliver
                                                   requirements of section 4129 while                         To view comments, as well as any                   three copies of each written comment to
                                                   continuing to ensure that operation of                   documents mentioned in this preamble,                the above address. If you wish to receive
                                                   CMVs by drivers with ITDM will                           To submit your comment online, go to                 confirmation of receipt of your
                                                   achieve the requisite level of safety                    http://www.regulations.gov and in the                comments, include a self-addressed,
                                                   required of all exemptions granted                       search box insert the docket number                  stamped postcard. To submit comments
                                                   under 49 U.S.C. 31136 (e).                               FMCSA–2015–0067 and click ‘‘Search.’’                electronically, log onto the U.S.
                                                      Section 4129(d) also directed FMCSA                   Next, click ‘‘Open Docket Folder’’ and               Government Regulations.gov Web site:
                                                   to ensure that drivers of CMVs with                      you will find all documents and                      http://www.regulations.gov. Use the
                                                   ITDM are not held to a higher standard                   comments related to the proposed                     Search Documents section of the home
                                                   than other drivers, with the exception of                rulemaking.                                          page and follow the instructions for
                                                   limited operating, monitoring and
                                                                                                              Issued on: September 14, 2015.                     submitting comments. Anyone is able to
                                                   medical requirements that are deemed
                                                                                                            Larry W. Minor,                                      search the electronic form of all
                                                   medically necessary.
                                                      The FMCSA concluded that all of the                   Associate Administrator for Policy.
                                                                                                                                                                 comments received into any of our
                                                   operating, monitoring and medical                                                                             dockets by the name of the individual
                                                                                                            [FR Doc. 2015–24922 Filed 9–30–15; 8:45 am]
                                                   requirements set out in the September 3,                                                                      submitting the comment (or signing the
                                                                                                            BILLING CODE 4910–EX–P
                                                   2003 notice, except as modified, were in                                                                      comment, if submitted on behalf of an
                                                   compliance with section 4129(d).                                                                              association, business, labor union, etc.).
                                                   Therefore, all of the requirements set                                                                        You may review DOT’s complete
                                                                                                            DEPARTMENT OF TRANSPORTATION
                                                   out in the September 3, 2003 notice,                                                                          Privacy Act Statement in the Federal
                                                   except as modified by the notice in the                  Pipeline and Hazardous Materials                     Register published on April 11, 2000
                                                   Federal Register on November 8, 2005                     Safety Administration                                (70 FR 19477–78), or you may visit
                                                   (70 FR 67777), remain in effect.                                                                              http://www.dot.gov.
                                                                                                            [Docket No. PHMSA–2014–0003; PDA–                    FOR FURTHER INFORMATION CONTACT:
                                                   IV. Submitting Comments                                  37(R)]
                                                                                                                                                                 Vincent Lopez, Office of Chief Counsel,
                                                      You may submit your comments and                      Hazardous Materials: New York City                   Pipeline and Hazardous Materials Safety
                                                   material online or by fax, mail, or hand                 Permit Requirements for                              Administration, U.S. Department of
                                                   delivery, but please use only one of                     Transportation of Certain Hazardous                  Transportation, 1200 New Jersey
                                                   these means. FMCSA recommends that                       Materials                                            Avenue SE., Washington, DC 20590;
                                                   you include your name and a mailing                                                                           Telephone No. 202–366–4400;
                                                   address, an email address, or a phone                    AGENCY: Pipeline and Hazardous                       Facsimile No. 202–366–7041.
                                                   number in the body of your document                      Materials Safety Administration                      SUPPLEMENTARY INFORMATION: ATA
                                                   so that FMCSA can contact you if there                   (PHMSA), DOT.                                        applied for an administrative
                                                   are questions regarding your                             ACTION: Notice, and request for                      determination concerning whether
                                                   submission.                                              comments.                                            Federal hazardous material
                                                      To submit your comment online, go to                                                                       transportation law, 49 U.S.C. 5101 et
                                                   http://www.regulations.gov and in the                    SUMMARY:    PHMSA is reopening the                   seq., preempts requirements of the New
                                                   search box insert the docket number                      period for comments on the American                  York City Fire Department for a permit
                                                   FMCSA–2015–0067 and click the search                     Trucking Associations, Inc.’s (ATA)                  to transport certain hazardous materials
                                                   button. When the new screen appears,                     application for a preemption                         by motor vehicle through New York
                                                   click on the blue ‘‘Comment Now!’’                       determination concerning the                         City, or for transshipment from New
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                                                   button on the right hand side of the                     requirements of the New York City Fire               York City, and the fee for the permit.
                                                   page. On the new page, enter                             Department for a permit to transport                 PHMSA published notice of ATA’s
                                                   information required including the                       certain hazardous materials by motor                 application in the Federal Register on
                                                                                                            vehicles through New York City, or for               April 17, 2014. 79 FR 21838. On June
                                                      1 Section 4129(a) refers to the 2003 notice as a      transshipment from New York City, and                2, 2014, the comment period closed
                                                   ‘‘final rule.’’ However, the 2003 notice did not issue   the fee for the permit.
                                                   a ‘‘final rule’’ but did establish the procedures and
                                                                                                                                                                 without any interested parties
                                                   standards for issuing exemptions for drivers with        DATES: Interested persons are invited to             submitting comments. On April 27,
                                                   ITDM.                                                    submit comments on, or before                        2015, we published a notice of delay in


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                                                                               Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices                                          59245

                                                   processing ATA’s application in order                   published at 78 FR 26696–26697 (May                      (viii)(II) Parents’ dependency and
                                                   to conduct additional fact-finding and                  7, 2013). The Colorado Department of                  indemnity compensation provided
                                                   legal analysis in response to the                       Human Services is no longer                           under section 1315 of Title 38, United
                                                   application. 80 FR 23328. In order to                   participating in the DIFSLA Computer                  States Code;
                                                   ensure PHMSA has all of the relevant                    Matching Program and the Ohio                            (viii)(III) Health-care services
                                                   information before making a                             Department of Medicaid is now                         furnished under sections 1710(a)(2)(G),
                                                   determination, we sent a letter to the                  participating in the DIFSLA Computer                  1710(a)(3), and 1710(b) of such title.
                                                   FDNY and requested that it submit                       Matching Program. Members of the                         Name of Recipient Agency: Internal
                                                   comments as to whether Federal                          public desiring specific information                  Revenue Service. Categories of records
                                                   hazardous material transportation law                   concerning an ongoing matching                        covered in the match: Information
                                                   preempts the New York City                              activity may request a copy of the                    returns (e.g., Forms 1099–DIV, 1099–
                                                   requirements that are the subject of this               applicable computer matching                          INT and W–2G) filed by payers of
                                                   proceeding. On August 20, 2015, the                     agreement at the address provided                     unearned income in the Internal
                                                   FDNY submitted its comments on                          above.                                                Revenue Service Information Returns
                                                   ATA’s application. Therefore, we are                       Purpose: The purpose of this program               Master File (IRMF) (Treasury/IRS
                                                   reopening the comment period in this                    is to prevent or reduce fraud and abuse               22.061).
                                                   proceeding to provide interested parties                in certain federally assisted benefit                    Name of source agencies and
                                                   the opportunity to address any of the                   programs while protecting the privacy                 categories of records covered in the
                                                   issues raised by the FDNY in its                        interest of the subjects of the match.                match:
                                                   comments.                                               Information is disclosed by the Internal                 A. Federal agencies expected to
                                                                                                           Revenue Service only for the purpose of,              participate and their Privacy Act
                                                     Issued in Washington, DC, on September
                                                                                                           and to the extent necessary in,                       systems of records are:
                                                   25, 2015.
                                                                                                           determining eligibility for, and/or the                  1. Department of Veterans Affairs:
                                                   Joseph Solomey,                                         correct amount of, benefits for                       Veterans Benefits Administration—
                                                   Senior Assistant Chief Counsel.                         individuals applying for or receiving                 Compensation, Pension and Education
                                                   [FR Doc. 2015–24880 Filed 9–30–15; 8:45 am]             certain benefit payments.                             and Rehabilitation Records-VA, 58 VA
                                                   BILLING CODE 4910–60–P
                                                                                                              Authority: In accordance with section              21/22; and Veterans Health
                                                                                                           6103(l)(7) of the Internal Revenue Code (IRC),        Administration—Healthcare Eligibility
                                                                                                           the Secretary shall, upon written request,            Records, 89VA19; and
                                                   DEPARTMENT OF THE TREASURY                              disclose current return information from                 2. Social Security Administration,
                                                                                                           returns with respect to unearned income               Office of Systems Requirements—
                                                   Internal Revenue Service                                from the Internal Revenue Service files to any
                                                                                                                                                                 Supplemental Security Income Record
                                                                                                           federal, state or local agency administering a
                                                                                                           program listed below:                                 and Special Veterans Benefits, (60–
                                                   Privacy Act of 1974; Computer
                                                                                                              (i) A state program funded under part              0103).
                                                   Matching Program                                                                                                 B. State agencies expected to
                                                                                                           A of Title IV of the Social Security Act;
                                                   AGENCY: Internal Revenue Service,                          (ii) Medical assistance provided under             participate using non-federal systems of
                                                   Treasury.                                               a state plan approved under Title XIX of              records are:
                                                   ACTION: Notice of matching program.                     the Social Security Act, or subsidies                 1. Alabama Department of Human
                                                                                                           provided under section 1860D–14 of                       Resources
                                                   SUMMARY:    Pursuant to section                         such Act;                                             2. Alabama Medicaid Agency
                                                   552a(e)(12) of the Privacy Act of 1974,                    (iii) Supplemental security income                 3. Alaska Department of Health & Social
                                                   as amended, and the Office of                           benefits provided under Title XVI of the                 Services
                                                   Management and Budget (OMB)                             Social Security Act, and federally                    4. Arizona Department of Economic
                                                   Guidelines on the Conduct of Matching                   administered supplementary payments                      Security
                                                   Programs, notice is hereby given of the                 of the type described in section 1616(a)              5. Arkansas Department of Human
                                                   conduct of the Internal Revenue Service                 of such Act (including payments                          Services
                                                   Disclosure of Information to Federal,                   pursuant to an agreement entered into                 6. California Department of Social
                                                   State and Local Agencies (DIFSLA)                       under section 212(a) of Pub. L. 93–66);                  Services
                                                   Computer Matching Program.                                 (iv) Any benefits provided under a                 7. Connecticut Department of Social
                                                   DATES: Effective Date: This notice will                 state plan approved under Title I, X,                    Services
                                                   be effective November 2, 2015.                          XIV, or XVI of the Social Security Act                8. Delaware Department of Health &
                                                   ADDRESSES: Inquiries may be mailed to                   (as those titles apply to Puerto Rico,                   Social Services
                                                                                                           Guam, and the Virgin Islands);                        9. DC Department of Human Services
                                                   the Internal Revenue Service; Privacy,
                                                                                                              (v) Unemployment compensation                      10. Florida Department of Children &
                                                   Governmental Liaison and Disclosure;
                                                                                                           provided under a state law described in                  Families
                                                   Data Services; ATTN: Klaudia K.
                                                                                                           section 3304 of the IRC;                              11. Georgia Department of Human
                                                   Villegas, Program Manager, 300 N. Los
                                                                                                              (vi) Assistance provided under the                    Resources
                                                   Angeles Street, MS 1020, Los Angeles,
                                                                                                           Food and Nutrition Act of 2008;                       12. Hawaii Department of Human
                                                   CA 90012.                                                  (vii) State-administered                              Services
                                                   FOR FURTHER INFORMATION CONTACT:                        supplementary payments of the type                    13. Idaho Department of Health/Welfare
                                                   Internal Revenue Service; Privacy,                      described in section 1616(a) of the                   14. Illinois Department of Human
mstockstill on DSK4VPTVN1PROD with NOTICES6




                                                   Governmental Liaison and Disclosure;                    Social Security Act (including payments                  Services
                                                   Data Services; ATTN: Klaudia K.                         pursuant to an agreement entered into                 15. Indiana Family & Social Services
                                                   Villegas, Program Manager, 300 N. Los                   under section 212(a) of Pub. L. 93–66);                  Administration
                                                   Angeles Street, MS 1020, Los Angeles,                      (viii)(I) Any needs-based pension                  16. Iowa Department of Human Services
                                                   CA 90012. Telephone: (213) 576–4223                     provided under Chapter 15 of Title 38,                17. Kansas Department of Social/Rehab
                                                   (not a toll-free number).                               United States Code, or under any other                   Services
                                                   SUPPLEMENTARY INFORMATION: The notice                   law administered by the Secretary of                  18. Kentucky Cabinet for Health and
                                                   of the matching program was last                        Veterans Affairs;                                        Family Services


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Document Created: 2015-12-15 08:40:06
Document Modified: 2015-12-15 08:40:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice, and request for comments.
DatesInterested 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.
ContactVincent 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.
FR Citation80 FR 59244 

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